Acts and Regulations

P-21.1 - Provincial Court Judges’ Pension Act

Section 10
Disposition versions

Full text
Dependent children’s pension
10(1)Subject to subsection 11(9), if a judge described in subsection 9(1) does not leave a surviving spouse or surviving common-law partner or if a surviving spouse’s pension or surviving common-law partner’s pension is not payable or ceases to be payable under this Act, a dependent children’s pension equal to the surviving spouse’s pension or surviving common-law partner’s pension that was being or could have been paid under section 9 shall be paid in equal shares to the judge’s dependent children.
10(2)A dependent children’s pension shall be paid to the person having custody and control of the child but, where there is no such person, it shall be paid to the child or to another person designated by the Minister.
10(3)A dependent children’s pension ceases to be payable
(a) in the case of a child described in paragraph (a) of the definition “dependent child”, when the child becomes nineteen,
(b) in the case of a child described in paragraph (b) of the definition “dependent child”, when the child becomes twenty-five or ceases to be in full-time attendance at an educational institution, whichever occurs first, or
(c) in the case of a child described in paragraph (c) of the definition “dependent child”, whether or not the child is also described in paragraph (a) or (b) of that definition, when the child ceases to be dependent because of any mental or physical infirmity, or dies, whichever occurs first.
2008, c.45, s.28
Dependent children’s pension
10(1)Subject to subsection 11(9), if a judge described in subsection 9(1) does not leave a surviving spouse or surviving common-law partner or if a surviving spouse’s pension or surviving common-law partner’s pension is not payable or ceases to be payable under this Act, a dependent children’s pension equal to the surviving spouse’s pension or surviving common-law partner’s pension that was being or could have been paid under section 9 shall be paid in equal shares to the judge’s dependent children.
10(2)A dependent children’s pension shall be paid to the person having custody and control of the child but, where there is no such person, it shall be paid to the child or to another person designated by the Minister.
10(3)A dependent children’s pension ceases to be payable
(a) in the case of a child described in paragraph (a) of the definition “dependent child”, when the child becomes nineteen,
(b) in the case of a child described in paragraph (b) of the definition “dependent child”, when the child becomes twenty-five or ceases to be in full-time attendance at an educational institution, whichever occurs first, or
(c) in the case of a child described in paragraph (c) of the definition “dependent child”, whether or not the child is also described in paragraph (a) or (b) of that definition, when the child ceases to be dependent because of any mental or physical infirmity, or dies, whichever occurs first.
2008, c.45, s.28
Dependent children’s pension
10(1)Subject to subsection 11(9), if a judge described in subsection 9(1) does not leave a surviving spouse or if a surviving spouse’s pension is not payable or ceases to be payable to the judge’s surviving spouse, a dependent children’s pension equal to the surviving spouse’s pension that was being or could have been paid under section 9 shall be paid in equal shares to the judge’s dependent children.
10(2)A dependent children’s pension shall be paid to the person having custody and control of the child but, where there is no such person, it shall be paid to the child or to another person designated by the Minister.
10(3)A dependent children’s pension ceases to be payable
(a) in the case of a child described in paragraph (a) of the definition “dependent child”, when the child becomes nineteen,
(b) in the case of a child described in paragraph (b) of the definition “dependent child”, when the child becomes twenty-five or ceases to be in full-time attendance at an educational institution, whichever occurs first, or
(c) in the case of a child described in paragraph (c) of the definition “dependent child”, whether or not the child is also described in paragraph (a) or (b) of that definition, when the child ceases to be dependent because of any mental or physical infirmity, or dies, whichever occurs first.