Acts and Regulations

2016, c.106 - Provincial Court Judges’ Pension Act

Section 9
Disposition versions

Full text
Return of contributions
9(1)A judge who ceases to hold office and, at that time, is not entitled to be paid any annual pension under this Act and is not entitled to be paid any annuity under the Provincial Court Act shall be paid a sum of money equal to all contributions that the judge may have made under subsection 15(7) of the Provincial Court Act to the fund referred to in that subsection before February 18, 2000, and all contributions that the judge has made in relation to the Plan under subsection 7(1) of this Act, together with interest on the amount contributed by the judge.
9(2)If a judge dies and, at the date of death, would not have been entitled to be paid any annual pension under this Act and would not have been entitled to be paid any annuity under the Provincial Court Act, the sum of money referred to in subsection (1) shall be paid
(a) to the judge’s surviving spouse if he or she can be found and would have been entitled to the surviving spouse’s pension under section 11, or to a surviving spouse’s annuity under the Provincial Court Act, had the judge been entitled to be paid an annual pension under this Act or an annuity under the Provincial Court Act on the date of death,
(b) if no person can be paid under paragraph (a), to the judge’s surviving common-law partner if he or she can be found and would have been entitled to the surviving common-law partner’s pension under section 11, or to a surviving common-law partner’s annuity under the Provincial Court Act, had the judge been entitled to be paid an annual pension under this Act or an annuity under the Provincial Court Act on the date of death,
(c) if no person can be paid under paragraph (a) or (b), in equal shares to the judge’s children who can be found, or
(d) if no person can be paid under paragraph (a), (b) or (c), to the judge’s estate.
9(3)Subsections 11(8) to (12) and 12(1) and (2) apply with the necessary modifications in circumstances described in subsection (2).
2000, c.P-21.1, s.7; 2008, c.45, s.28