Acts and Regulations

P-21.1 - Provincial Court Judges’ Pension Act

Section 11
Disposition versions

Full text
Election of judge with spouse or common-law partner
2008, c.45, s.28
11(1)If a judge has a spouse or common-law partner at the time when payments of an annual pension under section 8 or subsection 13(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 14(5) or 15(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).
11(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 sixty per cent, sixty-six and two-thirds per cent, seventy-five per cent or one hundred per cent of the amount of the reduced annual pension that the judge elects to be paid.
11(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.
11(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 fifteen years after the payments of the reduced pension are to begin to be made to the judge, as selected by the judge.
11(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 pension 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.
11(6)If a judge elects to be paid a reduced annual pension under subsection (4) and dies during the guarantee period of 5, 10 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 9 is entitled to receive, instead of that surviving spouse’s pension or surviving common-law partner’s pension, an annual pension
(a) until the guarantee period expires, in the same amount as the judge was receiving on the day of the judge’s death, and
(b) after the guarantee period expires, for the lifetime of the spouse or common-law partner, as the case may be, in the increased amount determined in accordance with subsection (5).
11(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.
11(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).
11(9)Notwithstanding 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.
11(10)Notice of any election under this section
(a) shall be made in writing, shall indicate the amount of the judge’s reduced annual pension and of the increased surviving spouse’s pension or the increased surviving common-law partner’s pension, as the case may be, and shall be signed by the judge,
(b) subject to subsections 14(5) and 15(6), shall be delivered to the Minister between sixty days and ten days, inclusive, before the date on which the entitlement or requirement to be paid the annual pension begins,
(c) is not effective unless it is delivered to the Minister within the time period described in paragraph (b), or as provided for in subsection 14(5) or 15(6), as the case may be, and
(d) is irrevocable.
11(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 any other time.
2008, c.45, s.28
Election of judge with spouse or common-law partner
2008, c.45, s.28
11(1)If a judge has a spouse or common-law partner at the time when payments of an annual pension under section 8 or subsection 13(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 14(5) or 15(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).
11(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 sixty per cent, sixty-six and two-thirds per cent, seventy-five per cent or one hundred per cent of the amount of the reduced annual pension that the judge elects to be paid.
11(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.
11(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 fifteen years after the payments of the reduced pension are to begin to be made to the judge, as selected by the judge.
11(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 pension 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.
11(6)If a judge elects to be paid a reduced annual pension under subsection (4) and dies during the guarantee period of 5, 10 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 9 is entitled to receive, instead of that surviving spouse’s pension or surviving common-law partner’s pension, an annual pension
(a) until the guarantee period expires, in the same amount as the judge was receiving on the day of the judge’s death, and
(b) after the guarantee period expires, for the lifetime of the spouse or common-law partner, as the case may be, in the increased amount determined in accordance with subsection (5).
11(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.
11(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).
11(9)Notwithstanding 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.
11(10)Notice of any election under this section
(a) shall be made in writing, shall indicate the amount of the judge’s reduced annual pension and of the increased surviving spouse’s pension or the increased surviving common-law partner’s pension, as the case may be, and shall be signed by the judge,
(b) subject to subsections 14(5) and 15(6), shall be delivered to the Minister between sixty days and ten days, inclusive, before the date on which the entitlement or requirement to be paid the annual pension begins,
(c) is not effective unless it is delivered to the Minister within the time period described in paragraph (b), or as provided for in subsection 14(5) or 15(6), as the case may be, and
(d) is irrevocable.
11(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 any other time.
2008, c.45, s.28
Election of judge with spouse
11(1)If a judge has a spouse at the time when payments of an annual pension under section 8 or subsection 13(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 14(5) or 15(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 shall be increased in accordance with subsections (2) and (3).
11(2)A judge electing a reduced pension under subsection (1) may elect an increased surviving spouse’s pension in an amount that is sixty per cent, sixty-six and two-thirds per cent, seventy-five per cent or one hundred per cent of the amount of the reduced annual pension that the judge elects to be paid.
11(3)The amount of the reduced annual pension of a judge and of the increased annual pension of the judge’s surviving spouse in total shall be the actuarial equivalent of the total amount of the annual pensions that the judge and the surviving spouse would or could have been paid if the election had not been made.
11(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 the judge’s surviving spouse and estate during a period of five, ten or fifteen years after the payments of the reduced pension are to begin to be made to the judge, as selected by the judge.
11(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 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 pension that the judge and the judge’s surviving spouse would or could have been paid if the election had not been made.
11(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 fifteen years selected by the judge, any surviving spouse of the judge who would be entitled to receive a surviving spouse’s pension under section 9 is entitled to receive, instead of that surviving spouse’s pension, an annual pension
(a) until the guarantee period expires, in the same amount as the judge was receiving on the day of the judge’s death, and
(b) after the guarantee period expires, for the spouse’s lifetime in the increased amount determined in accordance with subsection (5).
11(7)If a judge elects to be paid a reduced annual pension under subsection (4) and both the judge and the judge’s spouse 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 the judge’s spouse survives the judge, the judge’s spouse, would have been paid during the remainder of the selected guarantee period if the judge and the judge’s spouse had not died during that period.
11(8)If a judge elects to be paid a reduced annual pension under subsection (4) and both the judge and the judge’s spouse 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).
11(9)Notwithstanding 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.
11(10)Notice of any election under this section
(a) shall be made in writing, shall indicate the amount of the judge’s reduced annual pension and of the increased surviving spouse’s pension and shall be signed by the judge,
(b) subject to subsections 14(5) and 15(6), shall be delivered to the Minister between sixty days and ten days, inclusive, before the date on which the entitlement or requirement to be paid the annual pension begins,
(c) is not effective unless it is delivered to the Minister within the time period described in paragraph (b), or as provided for in subsection 14(5) or 15(6), as the case may be, and
(d) is irrevocable.
11(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 any other time.