Acts and Regulations

P-21.1 - Provincial Court Judges’ Pension Act

Full text
Early retirement
14(1)Subject to section 28, a judge who has at least two years of pensionable service and ceases to be an active judge before becoming sixty may elect to retire and be paid an annual pension, in accordance with subsection (2), beginning on the date of retirement, in which case the judge’s annual pension shall be the amount that would have been payable to the judge under section 8 if the annual pension had not begun until the judge became sixty, reduced by three-twelfths of one per cent for each calendar month from the calendar month following the calendar month in which the judge actually began retirement, to and including the calendar month before the calendar month in which the judge would become sixty.
14(2)Notice of an election under subsection (1)
(a) shall be made in writing, shall indicate the date on which the judge intends to retire and shall be signed by the judge,
(b) subject to subsections (3) and 15(7), shall be delivered to the Minister between sixty days and ten days, inclusive, before the date on which the judge’s retirement begins,
(c) subject to subsection 15(7), is not effective unless it is delivered to the Minister within the time period described in paragraph (b), or before a deadline referred to in subsection (3) is past, as the case may be, and
(d) is irrevocable.
14(3)A notice of election that is made under this section by a judge who ceases to be an active judge because he or she has been removed from office as a judge shall be delivered to the Minister not more than sixty days after all opportunities for appeal of the removal from office have been exhausted.
14(4)Subject to subsection (5), an annual pension payable under subsection (1) is payable instead of any other annual pension and a judge who elects to be paid an annual pension under subsection (1) is not entitled to be paid any other annual pension at any other time.
14(5)A judge may, at the same time as a notice of election is delivered to the Minister in accordance with subsection (2), 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.
Early retirement
14(1)Subject to section 28, a judge who has at least two years of pensionable service and ceases to be an active judge before becoming sixty may elect to retire and be paid an annual pension, in accordance with subsection (2), beginning on the date of retirement, in which case the judge’s annual pension shall be the amount that would have been payable to the judge under section 8 if the annual pension had not begun until the judge became sixty, reduced by three-twelfths of one per cent for each calendar month from the calendar month following the calendar month in which the judge actually began retirement, to and including the calendar month before the calendar month in which the judge would become sixty.
14(2)Notice of an election under subsection (1)
(a) shall be made in writing, shall indicate the date on which the judge intends to retire and shall be signed by the judge,
(b) subject to subsections (3) and 15(7), shall be delivered to the Minister between sixty days and ten days, inclusive, before the date on which the judge’s retirement begins,
(c) subject to subsection 15(7), is not effective unless it is delivered to the Minister within the time period described in paragraph (b), or before a deadline referred to in subsection (3) is past, as the case may be, and
(d) is irrevocable.
14(3)A notice of election that is made under this section by a judge who ceases to be an active judge because he or she has been removed from office as a judge shall be delivered to the Minister not more than sixty days after all opportunities for appeal of the removal from office have been exhausted.
14(4)Subject to subsection (5), an annual pension payable under subsection (1) is payable instead of any other annual pension and a judge who elects to be paid an annual pension under subsection (1) is not entitled to be paid any other annual pension at any other time.
14(5)A judge may, at the same time as a notice of election is delivered to the Minister in accordance with subsection (2), 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.