Acts and Regulations

P-21.1 - Provincial Court Judges’ Pension Act

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Consequential amendments
39The Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended
(a) in subsection 1(1) by repealing the definition “benefit” and substituting the following:
“benefit” means an annuity under section 15 and includes a return of contributions under section 17.11 and a payment out of the Consolidated Fund under subsection 21(4) of the Provincial Court Judges’ Pension Act;
(b) in subsection 7(5) by striking out “15, 16 and 17” and substituting “15 and 16”;
(c) in section 15
(i) by adding after subsection (1) the following:
15(1.01)Notwithstanding subsection (1), a judge who is not entitled to be paid an unreduced annuity under subsection (1) only because he or she has not held office for at least twenty-five years, or has not reached the age of sixty-five years, may elect to retire and be paid a reduced annuity commencing on the day of the judge’s retirement, in the amount that would have been payable to the judge under subsection (1) if an unreduced annuity had begun to be paid to the judge when he or she was entitled to receive it under that subsection, reduced by five-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 have been entitled to begin being paid the unreduced annuity under subsection (1).
15(1.02)Election of an entitlement to a deferred annuity under paragraph (1)(b) or (b.1) or election of payment of a reduced annuity under subsection (1.01) is a substitute for any other election or payment under this section and is irrevocable and a judge who makes such an election is not entitled to be paid any other annuity under this Act.
(ii) in subsection (4) in the portion following paragraph (d) by striking out “(1.1)” and substituting “(1.01)”;
(iii) by repealing subsection (7);
(iv) by repealing subsection (8) and substituting the following:
15(8)Notwithstanding subsections (1) and (1.01), annuities payable under either of those subsections are to be integrated with the Canada Pension Plan in accordance with the regulations.
(d) by repealing section 17;
(e) by repealing section 17.1;
(f) in section 17.3
(i) by repealing paragraph (3)(c) and substituting the following:
(c) in relation to the pension trust fund referred to in section 17.1 as it existed before the date on which the Provincial Court Judges’ Pension Act received Royal Assent, or to the Fund referred to in that Act,
(ii) by repealing subsection (8) and substituting the following:
17.3(8)A division of benefits under this section is limited by any restrictions under this Act in relation to the payment of money out of the pension trust fund referred to in section 17.1 as it existed before the date on which the Provincial Court Judges’ Pension Act received Royal Assent, or out of the Fund referred to in that Act.
(g) by repealing paragraph 23(1)(i).
Consequential amendments
39The Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended
(a) in subsection 1(1) by repealing the definition “benefit” and substituting the following:
“benefit” means an annuity under section 15 and includes a return of contributions under section 17.11 and a payment out of the Consolidated Fund under subsection 21(4) of the Provincial Court Judges’ Pension Act;
(b) in subsection 7(5) by striking out “15, 16 and 17” and substituting “15 and 16”;
(c) in section 15
(i) by adding after subsection (1) the following:
15(1.01)Notwithstanding subsection (1), a judge who is not entitled to be paid an unreduced annuity under subsection (1) only because he or she has not held office for at least twenty-five years, or has not reached the age of sixty-five years, may elect to retire and be paid a reduced annuity commencing on the day of the judge’s retirement, in the amount that would have been payable to the judge under subsection (1) if an unreduced annuity had begun to be paid to the judge when he or she was entitled to receive it under that subsection, reduced by five-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 have been entitled to begin being paid the unreduced annuity under subsection (1).
15(1.02)Election of an entitlement to a deferred annuity under paragraph (1)(b) or (b.1) or election of payment of a reduced annuity under subsection (1.01) is a substitute for any other election or payment under this section and is irrevocable and a judge who makes such an election is not entitled to be paid any other annuity under this Act.
(ii) in subsection (4) in the portion following paragraph (d) by striking out “(1.1)” and substituting “(1.01)”;
(iii) by repealing subsection (7);
(iv) by repealing subsection (8) and substituting the following:
15(8)Notwithstanding subsections (1) and (1.01), annuities payable under either of those subsections are to be integrated with the Canada Pension Plan in accordance with the regulations.
(d) by repealing section 17;
(e) by repealing section 17.1;
(f) in section 17.3
(i) by repealing paragraph (3)(c) and substituting the following:
(c) in relation to the pension trust fund referred to in section 17.1 as it existed before the date on which the Provincial Court Judges’ Pension Act received Royal Assent, or to the Fund referred to in that Act,
(ii) by repealing subsection (8) and substituting the following:
17.3(8)A division of benefits under this section is limited by any restrictions under this Act in relation to the payment of money out of the pension trust fund referred to in section 17.1 as it existed before the date on which the Provincial Court Judges’ Pension Act received Royal Assent, or out of the Fund referred to in that Act.
(g) by repealing paragraph 23(1)(i).