Acts and Regulations

P-21.1 - Provincial Court Judges’ Pension Act

Section 9
Disposition versions

Full text
Surviving spouse’s pension or surviving common-law partner’s pension
2008, c.45, s.28
9(1)Subject to subsections (8) to (11) and 26(4) and (6) and section 28, the surviving spouse or surviving common-law partner of a judge is immediately entitled, on the judge’s death, to be paid a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, calculated in accordance with subsection (3), (4), (5), (6) or (7), as the case may be, if the judge, at that time
(a) was an active judge who had at least two years of pensionable service and was not at least sixty-five,
(b) was being paid a disability benefit,
(c) was an active judge who had at least two years of pensionable service and was at least sixty-five, but was not yet being paid an annual pension,
(d) had elected an entitlement to, but was not yet being paid, a deferred pension, or
(e) was being paid an annual pension.
9(2)Subject to sections 10, 11 and 28, a surviving spouse’s pension ceases upon that surviving spouse’s death and a surviving common-law partner’s pension ceases upon that surviving common-law partner’s death.
9(3)The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(a) shall be fifty per cent of the annual pension that would have been payable to the judge if the judge had continued in service as a judge to the age of sixty-five, calculated using the judge’s average salary as of the date of the judge’s death.
9(4)The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(b) shall be fifty per cent of the annual pension that would have been payable to the judge if the judge had continued to be paid a disability benefit to the age of sixty-five.
9(5)The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(c) shall be fifty per cent of the annual pension that would have been payable to the judge if the judge had retired on the date of the judge’s death.
9(6)The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(d) shall be fifty per cent of the deferred pension that would have been payable to the judge under subsection 15(2) when payment of the deferred pension would have begun to be paid, including any annual adjustment as provided for under section 25 between the date on which the judge began retirement and the date of the judge’s death.
9(7)Subject to section 11, the amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(e) shall be fifty per cent of the annual pension being paid to the judge on the date of the judge’s death.
9(8)Notwithstanding anything else in this Act, if a judge who is being paid an annual pension dies, no person is entitled to be paid a surviving spouse’s pension unless the person was the spouse of the judge on the date when the annual pension began to be paid to the judge.
9(8.1)Notwithstanding anything else in this Act, if a judge who is being paid an annual pension dies, no person is entitled to be paid a surviving common-law partner’s pension unless the person was the common-law partner of the judge on the date when the annual pension began to be paid to the judge and on the date of the judge’s death.
9(9)Subject to subsections (11) and 26(4) and (6), the surviving spouse of a judge is entitled to a surviving spouse’s pension, if otherwise eligible, and the surviving common-law partner of that judge is not entitled to a surviving common-law partner’s pension if
(a) the surviving spouse was married to the judge
(i) on the date of the judge’s death, or
(ii) in a case described in subsection (8), on the date when an annual pension began to be paid to the judge, and
(b) the marriage of the surviving spouse and the judge was not a void or voidable marriage.
9(10)The spouse or common-law partner of a judge may enter into a written agreement with the judge that waives his or her entitlement to a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be.
9(11)A surviving spouse is not entitled to a surviving spouse’s pension and a surviving common-law partner is not entitled to a surviving common-law partner’s pension if there is
(a) a valid written agreement referred to in subsection (10), or
(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.
2008, c.45, s.28
Surviving spouse’s pension or surviving common-law partner’s pension
2008, c.45, s.28
9(1)Subject to subsections (8) to (11) and 26(4) and (6) and section 28, the surviving spouse or surviving common-law partner of a judge is immediately entitled, on the judge’s death, to be paid a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, calculated in accordance with subsection (3), (4), (5), (6) or (7), as the case may be, if the judge, at that time
(a) was an active judge who had at least two years of pensionable service and was not at least sixty-five,
(b) was being paid a disability benefit,
(c) was an active judge who had at least two years of pensionable service and was at least sixty-five, but was not yet being paid an annual pension,
(d) had elected an entitlement to, but was not yet being paid, a deferred pension, or
(e) was being paid an annual pension.
9(2)Subject to sections 10, 11 and 28, a surviving spouse’s pension ceases upon that surviving spouse’s death and a surviving common-law partner’s pension ceases upon that surviving common-law partner’s death.
9(3)The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(a) shall be fifty per cent of the annual pension that would have been payable to the judge if the judge had continued in service as a judge to the age of sixty-five, calculated using the judge’s average salary as of the date of the judge’s death.
9(4)The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(b) shall be fifty per cent of the annual pension that would have been payable to the judge if the judge had continued to be paid a disability benefit to the age of sixty-five.
9(5)The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(c) shall be fifty per cent of the annual pension that would have been payable to the judge if the judge had retired on the date of the judge’s death.
9(6)The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(d) shall be fifty per cent of the deferred pension that would have been payable to the judge under subsection 15(2) when payment of the deferred pension would have begun to be paid, including any annual adjustment as provided for under section 25 between the date on which the judge began retirement and the date of the judge’s death.
9(7)Subject to section 11, the amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(e) shall be fifty per cent of the annual pension being paid to the judge on the date of the judge’s death.
9(8)Notwithstanding anything else in this Act, if a judge who is being paid an annual pension dies, no person is entitled to be paid a surviving spouse’s pension unless the person was the spouse of the judge on the date when the annual pension began to be paid to the judge.
9(8.1)Notwithstanding anything else in this Act, if a judge who is being paid an annual pension dies, no person is entitled to be paid a surviving common-law partner’s pension unless the person was the common-law partner of the judge on the date when the annual pension began to be paid to the judge and on the date of the judge’s death.
9(9)Subject to subsections (11) and 26(4) and (6), the surviving spouse of a judge is entitled to a surviving spouse’s pension, if otherwise eligible, and the surviving common-law partner of that judge is not entitled to a surviving common-law partner’s pension if
(a) the surviving spouse was married to the judge
(i) on the date of the judge’s death, or
(ii) in a case described in subsection (8), on the date when an annual pension began to be paid to the judge, and
(b) the marriage of the surviving spouse and the judge was not a void or voidable marriage.
9(10)The spouse or common-law partner of a judge may enter into a written agreement with the judge that waives his or her entitlement to a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be.
9(11)A surviving spouse is not entitled to a surviving spouse’s pension and a surviving common-law partner is not entitled to a surviving common-law partner’s pension if there is
(a) a valid written agreement referred to in subsection (10), or
(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.
2008, c.45, s.28
Surviving spouse’s pension
9(1)Subject to subsections (8) and (9) and section 28, the surviving spouse of a judge is immediately entitled, on the judge’s death, to be paid a surviving spouse’s pension calculated in accordance with subsection (3), (4), (5), (6) or (7), as the case may be, if the judge, at that time
(a) was an active judge who had at least two years of pensionable service and was not at least sixty-five,
(b) was being paid a disability benefit,
(c) was an active judge who had at least two years of pensionable service and was at least sixty-five, but was not yet being paid an annual pension,
(d) had elected an entitlement to, but was not yet being paid, a deferred pension, or
(e) was being paid an annual pension.
9(2)Subject to sections 10, 11 and 28, a surviving spouse’s pension ceases upon that surviving spouse’s death.
9(3)The amount of a surviving spouse’s pension to be paid to the surviving spouse of a judge referred to in paragraph (1)(a) shall be fifty per cent of the annual pension that would have been payable to the judge if the judge had continued in service as a judge to the age of sixty-five, calculated using the judge’s average salary as of the date of the judge’s death.
9(4)The amount of a surviving spouse’s pension to be paid to the surviving spouse of a judge referred to in paragraph (1)(b) shall be fifty per cent of the annual pension that would have been payable to the judge if the judge had continued to be paid a disability benefit to the age of sixty-five.
9(5)The amount of a surviving spouse’s pension to be paid to the surviving spouse of a judge referred to in paragraph (1)(c) shall be fifty per cent of the annual pension that would have been payable to the judge if the judge had retired on the date of the judge’s death.
9(6)The amount of a surviving spouse’s pension to be paid to the surviving spouse of a judge referred to in paragraph (1)(d) shall be fifty per cent of the deferred pension that would have been payable to the judge under subsection 15(2) when payment of the deferred pension would have begun to be paid, including any annual adjustment as provided for under section 25 between the date on which the judge began retirement and the date of the judge’s death.
9(7)Subject to section 11, the amount of a surviving spouse’s pension to be paid to the surviving spouse of a judge referred to in paragraph (1)(e) shall be fifty per cent of the annual pension being paid to the judge on the date of the judge’s death.
9(8)Notwithstanding anything else in this Act, if a judge who is being paid an annual pension dies, no person is entitled to be paid the judge’s surviving spouse’s pension unless the person was the spouse of the judge on the date when the annual pension began to be paid to the judge.
9(9)If two or more persons claim the surviving spouse’s pension under this section and one of those persons is a spouse because that person was legally married, other than in a void or voidable marriage, to the judge on the date of the judge’s death or, in a case described in subsection (8), on the date when an annual pension began to be paid to the judge, that spouse is entitled to the surviving spouse’s pension under subsection (1), if otherwise eligible and subject to subsections 26(4) and (6), unless there is a valid written agreement between the judge and that spouse, or a decree, order or judgment, that bars that spouse’s claim.