Acts and Regulations

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

Full text
Disability pension
15(1)Subject to subsection 7(4), subsection (2) and section 30, when an inactive judge who is being paid a disability benefit becomes 65 years of age he or she shall
(a) begin retirement,
(b) cease to be paid the disability benefit, and
(c) be paid an annual disability pension in the amount of 2% of the product of the number of years of pensionable service, including parts of a year, that the judge would have had, if he or she had continued in service as a judge until becoming 65 years of age, and the judge’s average salary during the judge’s years of pensionable service.
15(2)For the purposes of a calculation under paragraph (1)(c), the judge’s average salary shall be adjusted in accordance with section 27, with the necessary modifications, from the date when the judge ceased to perform the duties of the position or office of judge as a result of becoming disabled, until the date when the judge became 65 years of age, inclusive, using the indexes and multipliers that would have been used to adjust a benefit during the years in question.
15(3)Despite anything else in this Act except subsection (4), a disability pension under this section is payable instead of any other annual pension and an inactive judge who is paid a disability pension is not entitled to be paid any other annual pension at another time.
15(4)A judge may, at the time when payments of a disability pension to the judge are to begin to be made, make an election under section 13 or 14 by delivering to the Minister a notice of election under and in accordance with subsection 13(10) or 14(5), as the case may be.
2000, c.P-21.1, s.13