13(1)If a judge has a spouse or common-law partner at the time when payments of an annual pension under section 10 or subsection 15(1) are to begin to be made to the judge, or at the time when a notice of election is delivered to the Minister as provided for in subsection 16(5) or 17(6), the judge may at that time elect to be paid an annual pension, in accordance with subsection (10), in an amount that is less than the amount payable to the judge, in which case the amount of any annual pension payable to the judge’s surviving spouse or surviving common-law partner, as the case may be, shall be increased in accordance with subsections (2) and (3).

13(2)A judge electing a reduced pension under subsection (1) may elect an increased surviving spouse’s pension or an increased surviving common-law partner’s pension in an amount that is 60%, 66.67%, 75% or 100% of the amount of the reduced annual pension that the judge elects to be paid.

13(3)The amount of the reduced annual pension of a judge and of the increased annual pension of the judge’s surviving spouse or surviving common-law partner, as the case may be, in total shall be the actuarial equivalent of the total amount of the annual pensions that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made.

13(4)A judge making an election to be paid a reduced annual pension under this section may, at that same time, also elect to have guaranteed payments made in accordance with subsections (5) to (9) to his or her surviving spouse or surviving common-law partner, as the case may be, and his or her estate during a period of five, ten or 15 years after the payments of the reduced pension are to begin to be made to the judge, as selected by the judge.

13(5)If a judge makes an election under subsection (4), the amount of the reduced annual pension of the judge, of the increased annual pension of the judge’s surviving spouse or surviving common-law partner, as the case may be, and of any payment that might be made to the judge’s estate in total shall be the actuarial equivalent of the total amount of the annual pensions that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made.

13(6)If a judge elects to be paid a reduced annual pension under subsection (4) and dies during the guarantee period of five, ten or 15 years selected by the judge, his or her surviving spouse or surviving common-law partner who would be entitled to receive a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, under section 11 is entitled to receive, instead of that surviving spouse’s pension or surviving common-law partner’s pension, an annual pension

13(7)If a judge elects to be paid a reduced annual pension under subsection (4) and both the judge and his or her spouse or common-law partner die during the guarantee period selected by the judge, the judge’s estate shall be paid a lump sum equal to the actuarial equivalent of the balance of the reduced annual pension payments that the judge or, if his or her spouse or common-law partner survives the judge, his or her spouse or common-law partner would have been paid during the remainder of the selected guarantee period if the judge and his or her spouse or common-law partner had not died during that period.

13(8)If a judge elects to be paid a reduced annual pension under subsection (4) and both the judge and the judge’s spouse or common-law partner die after the end of the guarantee period selected by the judge, no payments shall be made to the judge’s estate under subsection (7).

13(9)Despite anything else in this Act, if a judge elects to be paid a reduced annual pension under subsection (1) or (4), no dependent child of the judge is entitled to be paid a dependent children’s pension on the death of the judge or the judge’s surviving spouse or surviving common-law partner.

13(10)Notice of any election under this section

13(11)A judge who elects to be paid a reduced annual pension under this section is not entitled to re-elect to be paid a different reduced annual pension or an unreduced annual pension at another time.