Acts and Regulations

P-21.1 - Provincial Court Judges’ Pension Act

Section 13
Disposition versions

Full text
Disability pension
13(1)Subject to subsection 5(4), subsection (2) and section 28, an inactive judge who is being paid a disability benefit shall, when becoming sixty-five,
(a) begin retirement,
(b) cease to be paid the disability benefit, and
(c) be paid an annual disability pension in the amount of two per cent of the product of the number of years, including parts of a year, of pensionable service that the judge would have had, if he or she had continued in service as a judge until becoming sixty-five, and the judge’s average salary during the judge’s years of pensionable service.
13(2)For the purposes of a calculation under paragraph (1)(c), the judge’s average salary shall be adjusted in accordance with section 25, with the necessary modifications, from the date when the judge ceased to perform the duties of the position or office of a judge as a result of becoming disabled, until the date when the judge became sixty-five, inclusive, using the indexes and multipliers that would have been used to adjust a benefit during the years in question.
13(3)Notwithstanding 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 any other time.
13(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 11 or 12 by delivering to the Minister a notice of election under and in accordance with subsection 11(10) or 12(5), as applicable.
Disability pension
13(1)Subject to subsection 5(4), subsection (2) and section 28, an inactive judge who is being paid a disability benefit shall, when becoming sixty-five,
(a) begin retirement,
(b) cease to be paid the disability benefit, and
(c) be paid an annual disability pension in the amount of two per cent of the product of the number of years, including parts of a year, of pensionable service that the judge would have had, if he or she had continued in service as a judge until becoming sixty-five, and the judge’s average salary during the judge’s years of pensionable service.
13(2)For the purposes of a calculation under paragraph (1)(c), the judge’s average salary shall be adjusted in accordance with section 25, with the necessary modifications, from the date when the judge ceased to perform the duties of the position or office of a judge as a result of becoming disabled, until the date when the judge became sixty-five, inclusive, using the indexes and multipliers that would have been used to adjust a benefit during the years in question.
13(3)Notwithstanding 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 any other time.
13(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 11 or 12 by delivering to the Minister a notice of election under and in accordance with subsection 11(10) or 12(5), as applicable.