22(1)Subject to section 15 and to subsections (2) and (3), a judge who has at least two years of pensionable service and, as the result of becoming disabled, ceases to be an active judge and to perform the duties of the position or office of judge, shall, during the period when the judge is disabled, be paid an annual disability benefit in the amount of 60% of the salary being paid to the judge on the date on which the judge becomes entitled to be paid the benefit under subsection (2).

22(2)Subject to section 30, a judge is not entitled to be paid a disability benefit and no disability benefit shall be paid to a judge until all of the sick leave that the judge has accumulated, earned or been granted under section 16 of New Brunswick Regulation 84-104 under the Provincial Court Act has been taken by the judge.

22(3)Subject to section 15 and to subsection (4), a disability benefit under this section is payable instead of an annual pension, and an inactive judge who is paid a disability benefit under this section is not entitled to be paid an annual pension at any other time.

22(4)An inactive judge who is being paid a disability benefit and who again becomes an active judge and ceases to be paid the disability benefit before beginning to be paid a disability pension is entitled to be paid an annual pension under other sections of this Act, if otherwise qualified to be paid the other annual pension.

22(5)Despite the definition “pensionable service” and any other provision of this Act, but subject to subsections 7(2) and (4), if an active judge referred to in subsection (4) becomes entitled to be paid an annual pension, other than a disability pension, under any section of this Act, the period during which the judge was inactive and receiving a disability benefit shall be included in determining the length of the judge’s pensionable service for the purpose of calculating the amount of the annual pension that the judge is entitled to be paid.

22(6)An inactive judge who is being paid a disability benefit is not required to make contributions in relation to the Plan under subsection 7(1).