Acts and Regulations

P-21.1 - Provincial Court Judges’ Pension Act

Section 7
Disposition versions

Full text
Returns of contributions
7(1)A judge who ceases to hold office and, at that time, is not entitled to be paid any annual pension under this Act and is not entitled to be paid any annuity under the Provincial Court Act shall be paid a sum of money equal to all contributions that the judge may have made under subsection 15(7) of the Provincial Court Act to the fund referred to in that subsection before the date on which subsection 5(1) of this Act comes into force, and all contributions that the judge has made in relation to the Plan under subsection 5(1) of this Act, together with interest on the amount so contributed by the judge from time to time.
7(2)If a judge dies and, at the date of death, would not have been entitled to be paid any annual pension under this Act and would not have been entitled to be paid any annuity under the Provincial Court Act, the sum of money referred to in subsection (1) shall be paid
(a) to the judge’s surviving spouse if he or she can be found and would have been entitled to the surviving spouse’s pension under section 9, or to a surviving spouse’s annuity under the Provincial Court Act, had the judge been entitled to be paid an annual pension under this Act or an annuity under the Provincial Court Act on the date of death,
(b) if no person can be paid under paragraph (a), to the judge’s surviving common-law partner if he or she can be found and would have been entitled to the surviving common-law partner’s pension under section 9, or to a surviving common-law partner’s annuity under the Provincial Court Act, had the judge been entitled to be paid an annual pension under this Act or an annuity under the Provincial Court Act on the date of death,
(c) if no person can be paid under paragraph (a) or (b), in equal shares to the judge’s children who can be found, or
(d) if no person can be paid under paragraph (a), (b) or (c), to the judge’s estate.
7(3)Subsections 9(8) to (11) and 10(1) and (2) apply with the necessary modifications in circumstances described in subsection (2).
2008, c.45, s.28
Returns of contributions
7(1)A judge who ceases to hold office and, at that time, is not entitled to be paid any annual pension under this Act and is not entitled to be paid any annuity under the Provincial Court Act shall be paid a sum of money equal to all contributions that the judge may have made under subsection 15(7) of the Provincial Court Act to the fund referred to in that subsection before the date on which subsection 5(1) of this Act comes into force, and all contributions that the judge has made in relation to the Plan under subsection 5(1) of this Act, together with interest on the amount so contributed by the judge from time to time.
7(2)If a judge dies and, at the date of death, would not have been entitled to be paid any annual pension under this Act and would not have been entitled to be paid any annuity under the Provincial Court Act, the sum of money referred to in subsection (1) shall be paid
(a) to the judge’s surviving spouse if he or she can be found and would have been entitled to the surviving spouse’s pension under section 9, or to a surviving spouse’s annuity under the Provincial Court Act, had the judge been entitled to be paid an annual pension under this Act or an annuity under the Provincial Court Act on the date of death,
(b) if no person can be paid under paragraph (a), to the judge’s surviving common-law partner if he or she can be found and would have been entitled to the surviving common-law partner’s pension under section 9, or to a surviving common-law partner’s annuity under the Provincial Court Act, had the judge been entitled to be paid an annual pension under this Act or an annuity under the Provincial Court Act on the date of death,
(c) if no person can be paid under paragraph (a) or (b), in equal shares to the judge’s children who can be found, or
(d) if no person can be paid under paragraph (a), (b) or (c), to the judge’s estate.
7(3)Subsections 9(8) to (11) and 10(1) and (2) apply with the necessary modifications in circumstances described in subsection (2).
2008, c.45, s.28
Returns of contributions
7(1)A judge who ceases to hold office and, at that time, is not entitled to be paid any annual pension under this Act and is not entitled to be paid any annuity under the Provincial Court Act shall be paid a sum of money equal to all contributions that the judge may have made under subsection 15(7) of the Provincial Court Act to the fund referred to in that subsection before the date on which subsection 5(1) of this Act comes into force, and all contributions that the judge has made in relation to the Plan under subsection 5(1) of this Act, together with interest on the amount so contributed by the judge from time to time.
7(2)If a judge dies and, at the date of death, would not have been entitled to be paid any annual pension under this Act and would not have been entitled to be paid any annuity under the Provincial Court Act, the sum of money referred to in subsection (1) shall be paid
(a) to any surviving spouse of the judge who can be found, if the surviving spouse would have been entitled to the surviving spouse’s pension under section 9, or to a surviving spouse’s annuity under the Provincial Court Act, had the judge been entitled to be paid an annual pension under this Act or an annuity under the Provincial Court Act on the date of death,
(b) if no person can be paid under paragraph (a), in equal shares to any children of the judge who can be found, or
(c) if no person can be paid under paragraph (a) or (b), to the estate of the judge.
7(3)Subsections 9(8) and (9) and 10(1) and (2) apply with the necessary modifications in circumstances described in subsection (2).