Acts and Regulations

P-21.1 - Provincial Court Judges’ Pension Act

Section 22
Disposition versions

Full text
Delay in entitlement to supplementary allowances and other supplementary payments
22(1)Notwithstanding anything else in this Act, if an active judge, as required under subsection 5(2), has been paid any portion of an annual pension to which the judge is entitled under Part III while remaining active, the judge and any other persons who would, but for the operation of this subsection, be entitled under this Part to be paid any supplementary allowance or any other supplementary payment beginning when the judge becomes inactive or dies, are not entitled to be paid any such supplementary allowance or other such supplementary payment
(a) if the judge becomes inactive before dying, until the total amount of the supplementary allowances and any other supplementary payments that the judge, other persons or both would have been entitled to be paid under this Part, but for the operation of this subsection, is equal to the total amount of the annual pension paid to the judge before the judge became inactive, or
(b) if the judge dies before becoming inactive, until the total amount of the supplementary allowances and any other supplementary payments that the other persons would have been entitled to be paid under this Part, but for the operation of this subsection, is equal to the total amount of the annual pension paid to the judge before the judge died.
22(2)For the purposes of calculating the total amounts of supplementary allowances and other supplementary payments under subsection (1), the supplementary allowances and other supplementary payments shall be as adjusted annually in accordance with section 25.
22(3)This section does not apply to an active judge who has elected supernumerary status under section 4.21 of the Provincial Court Act if that election takes effect before the payment of any annual pension referred to in subsection (1) occurs.
22(4)If the election of supernumerary status takes effect after the payment of any annual pension referred to in subsection (1) has occurred, this section only applies in relation to the payments of annual pension that occur before the election takes effect.
2003, c.18, s.13
Delay in entitlement to supplementary allowances and other supplementary payments
22(1)Notwithstanding anything else in this Act, if an active judge, as required under subsection 5(2), has been paid any portion of an annual pension to which the judge is entitled under Part III while remaining active, the judge and any other persons who would, but for the operation of this subsection, be entitled under this Part to be paid any supplementary allowance or any other supplementary payment beginning when the judge becomes inactive or dies, are not entitled to be paid any such supplementary allowance or other such supplementary payment
(a) if the judge becomes inactive before dying, until the total amount of the supplementary allowances and any other supplementary payments that the judge, other persons or both would have been entitled to be paid under this Part, but for the operation of this subsection, is equal to the total amount of the annual pension paid to the judge before the judge became inactive, or
(b) if the judge dies before becoming inactive, until the total amount of the supplementary allowances and any other supplementary payments that the other persons would have been entitled to be paid under this Part, but for the operation of this subsection, is equal to the total amount of the annual pension paid to the judge before the judge died.
22(2)For the purposes of calculating the total amounts of supplementary allowances and other supplementary payments under subsection (1), the supplementary allowances and other supplementary payments shall be as adjusted annually in accordance with section 25.
22(3)This section does not apply to an active judge who has elected supernumerary status under section 4.21 of the Provincial Court Act if that election takes effect before the payment of any annual pension referred to in subsection (1) occurs.
22(4)If the election of supernumerary status takes effect after the payment of any annual pension referred to in subsection (1) has occurred, this section only applies in relation to the payments of annual pension that occur before the election takes effect.
2003, c.18, s.13