Acts and Regulations

P-21.1 - Provincial Court Judges’ Pension Act

Section 5
Disposition versions

Full text
Contributions, and length of pensionable service
5(1)An active judge shall make contributions in relation to the Plan in an amount established by the regulations, in accordance with and as required by the regulations, until the date on which the total amount of the annual pension that the judge would be entitled to be paid under Part III on retirement when combined with the total of the annual supplementary allowances and other annual supplementary payments that the judge would be entitled to be paid under Part IV on that date equals 65% of his or her average salary.
5(2)Despite subsection (1), an active judge who is or becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada) on or after the date of the commencement of this subsection shall cease to make contributions as required in subsection (1), and shall not accumulate pensionable service,
(a) on and after the date of the commencement of this subsection, and any benefit that the judge is entitled to be paid under Part III shall begin to be paid not later than that date, if the judge had become the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada) on or before the thirty-first day of December preceding the date of the commencement of this subsection, and
(b) on and after the day following the last day of the year in which the judge becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada), and any benefit that the judge is entitled to be paid under Part III shall begin to be paid not later than that day, if the judge had not become the age prescribed on or before the thirty-first day of December preceding the date of the commencement of this subsection.
5(3)Subject to the Income Tax Regulations under the Income Tax Act (Canada) and subject to the regulations, for the purposes of calculating the amount of a judge’s contributions required to be made under subsection (1), a judge who receives only a portion of the judge’s salary in relation to any pay period shall be deemed to have received the full salary for that pay period.
5(4)The maximum period of pensionable service of a judge that may be used for the purposes of calculating a benefit under this Act or the regulations is the period that ends on the date on which the total amount of the annual pension that the judge would be entitled to be paid under Part III on retirement when combined with the total of the annual supplementary allowances and other annual supplementary payments that the judge would be entitled to be paid under Part IV on that date equals 65% of his or her average salary, whether the recipient of the benefit is the judge, the spouse, common-law partner, child or estate of the judge or the legal representative of any of them.
2008, c.45, s.28; 2011, c.12, s.1
Contributions, and length of pensionable service
5(1)An active judge shall make contributions in relation to the Plan in an amount established by the regulations, in accordance with and as required by the regulations, until the date on which the total amount of the annual pension that the judge would be entitled to be paid under Part III on retirement when combined with the total of the annual supplementary allowances and other annual supplementary payments that the judge would be entitled to be paid under Part IV on that date equals 65% of his or her average salary.
5(2)Despite subsection (1), an active judge who is or becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada) on or after the date of the commencement of this subsection shall cease to make contributions as required in subsection (1), and shall not accumulate pensionable service,
(a) on and after the date of the commencement of this subsection, and any benefit that the judge is entitled to be paid under Part III shall begin to be paid not later than that date, if the judge had become the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada) on or before the thirty-first day of December preceding the date of the commencement of this subsection, and
(b) on and after the day following the last day of the year in which the judge becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada), and any benefit that the judge is entitled to be paid under Part III shall begin to be paid not later than that day, if the judge had not become the age prescribed on or before the thirty-first day of December preceding the date of the commencement of this subsection.
5(3)Subject to the Income Tax Regulations under the Income Tax Act (Canada) and subject to the regulations, for the purposes of calculating the amount of a judge’s contributions required to be made under subsection (1), a judge who receives only a portion of the judge’s salary in relation to any pay period shall be deemed to have received the full salary for that pay period.
5(4)The maximum period of pensionable service of a judge that may be used for the purposes of calculating a benefit under this Act or the regulations is the period that ends on the date on which the total amount of the annual pension that the judge would be entitled to be paid under Part III on retirement when combined with the total of the annual supplementary allowances and other annual supplementary payments that the judge would be entitled to be paid under Part IV on that date equals 65% of his or her average salary, whether the recipient of the benefit is the judge, the spouse, common-law partner, child or estate of the judge or the legal representative of any of them.
2008, c.45, s.28; 2011, c.12, s.1
Contributions, and length of pensionable service
5(1)An active judge shall make contributions in relation to the Plan in an amount established by the regulations, in accordance with and as required in the regulations, until the judge has 23.63 years of pensionable service.
5(2)Notwithstanding subsection (1), an active judge who is or becomes sixty-nine on or after the date on which that subsection comes into force shall cease to make contributions as required in that subsection, and shall not acquire pensionable service,
(a) on and after the date on which that subsection comes into force, and any benefit that the judge is entitled to be paid under Part III shall begin to be paid not later than that date, if the judge was at least sixty-nine on the thirty-first day of December preceding the date on which that subsection comes into force, and
(b) on and after the day following the last day of the year in which the judge becomes sixty-nine, and any benefit that the judge is entitled to be paid under Part III shall begin to be paid not later than that day, if the judge was not at least sixty-nine on the thirty-first day of December preceding the date on which subsection (1) comes into force.
5(3)Subject to the Income Tax Regulations under the Income Tax Act (Canada) and subject to the regulations, for the purposes of calculating the amount of a judge’s contributions required to be made under subsection (1), a judge who receives only a portion of the judge’s salary in relation to any pay period shall be deemed to have received the full salary for that pay period.
5(4)For the purposes of calculating a benefit under this Act or the regulations, the maximum length of pensionable service of a judge that may be used in the calculation, whether the recipient of the benefit is the judge, the spouse, common-law partner, child or estate of the judge or the legal representative of any of them, is 23.63 years.
2008, c.45, s.28
Contributions, and length of pensionable service
5(1)An active judge shall make contributions in relation to the Plan in an amount established by the regulations, in accordance with and as required in the regulations, until the judge has 23.63 years of pensionable service.
5(2)Notwithstanding subsection (1), an active judge who is or becomes sixty-nine on or after the date on which that subsection comes into force shall cease to make contributions as required in that subsection, and shall not acquire pensionable service,
(a) on and after the date on which that subsection comes into force, and any benefit that the judge is entitled to be paid under Part III shall begin to be paid not later than that date, if the judge was at least sixty-nine on the thirty-first day of December preceding the date on which that subsection comes into force, and
(b) on and after the day following the last day of the year in which the judge becomes sixty-nine, and any benefit that the judge is entitled to be paid under Part III shall begin to be paid not later than that day, if the judge was not at least sixty-nine on the thirty-first day of December preceding the date on which subsection (1) comes into force.
5(3)Subject to the Income Tax Regulations under the Income Tax Act (Canada) and subject to the regulations, for the purposes of calculating the amount of a judge’s contributions required to be made under subsection (1), a judge who receives only a portion of the judge’s salary in relation to any pay period shall be deemed to have received the full salary for that pay period.
5(4)For the purposes of calculating a benefit under this Act or the regulations, the maximum length of pensionable service of a judge that may be used in the calculation, whether the recipient of the benefit is the judge, the spouse, child or estate of the judge or the legal representative of any of them, is 23.63 years.