15(1)A judge who

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)Subject to subsections (5.01), (5.02) and (5.05), 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.

15(2)An annuity granted to a judge under this section commences on the day of the judge’s retirement, resignation or removal from office and continues during the judge’s natural life.

15(3)Notwithstanding subsection (2), an annuity payable to a judge referred to in paragraph (1)(b) or (1)(b.1) commences when he or she reaches the age of sixty-five years.

15(4)Subject to subsections (5.01), (5.02) and (5.05), where a judge

15(5)Notwithstanding subsection (4), an annuity payable to the surviving spouse or surviving common-law partner of a judge referred to in paragraph (4)(c) or (4)(d) commences on the day when the judge would have reached his or her sixty-fifth birthday if he or she had lived.

15(5.01)Subject to subsection 40(8) of the Provincial Court Judges’ Pension Act, if a judge has a spouse or common-law partner at the time when payments of an annuity under paragraph (1)(a), (a.1), (b) or (b.1) or subsection (1.01), as the case may be, are to begin to be made to the judge, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse’s annuity or surviving common-law partner’s annuity payable to the judge’s surviving spouse or surviving common-law partner shall be increased in accordance with subsections (5.03) and (5.04).

15(5.02)Subject to subsection 40(8) of the Provincial Court Judges’ Pension Act, if a judge who is being paid an annuity under paragraph (1)(c) has a spouse or common-law partner at the time when the judge reaches the age of 65 years, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse’s annuity or surviving common-law partner’s annuity payable to the judge’s surviving spouse or surviving common-law partner shall be increased in accordance with subsections (5.03) and (5.04).

15(5.03)A judge electing a reduced annuity under subsection (5.01) or (5.02) may elect an increased surviving spouse’s annuity or an increased surviving common-law partner’s annuity in an amount that is sixty per cent, sixty-six and two-thirds per cent, seventy-five per cent or one hundred per cent of the amount of the reduced annuity that the judge elects to be paid.

15(5.04)The amount of the judge’s reduced annuity and of the increased surviving spouse’s annuity or increased surviving common-law partner’s annuity in total shall be the actuarial equivalent of the total amount of the annuities that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made under subsection (5.01) or (5.02).

15(5.05)A judge making an election to be paid a reduced annuity under subsection (5.01) or (5.02) may, at that same time, also elect to have guaranteed payments made in accordance with subsections (5.06) to (5.082) to his or her surviving spouse or surviving common-law partner, as the case may be, and his or her estate during a period of five, ten or fifteen years after the payments of the reduced annuity are to begin to be made to the judge, as selected by the judge.

15(5.06)If a judge makes an election under subsection (5.05), the amount of the judge’s reduced annuity, of the increased surviving spouse’s annuity or increased surviving common-law partner’s annuity and of any payment that might be made to the judge’s estate in total shall be the actuarial equivalent of the total amount of the annuities that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made.

15(5.07)If a judge elects to be paid a reduced annuity under subsection (5.05) and dies during the guarantee period of 5, 10 or 15 years selected by the judge, his or her surviving spouse or surviving common-law partner who would be entitled to receive a surviving spouse’s annuity or surviving common-law partner’s annuity under subsection (4) is entitled to receive, instead of that surviving spouse’s annuity or surviving common-law partner’s annuity, an annuity

15(5.08)If a judge elects to be paid a reduced annuity under subsection (5.05) and both the judge and the judge’s spouse or common-law partner die during the guarantee period selected by the judge, the judge’s estate shall be paid a lump sum equal to the actuarial equivalent of the balance of the reduced annuity payments that the judge or, if the judge’s spouse or common-law partner survives the judge, the judge’s spouse or common-law partner, would have been paid during the remainder of the selected guarantee period if the judge and the judge’s spouse or common-law partner had not died during that period.

15(5.081)If a judge elects to be paid a reduced annuity under subsection (5.05) and both the judge and his or her spouse or common-law partner die after the end of the guarantee period selected by the judge, no payments shall be made to the judge’s estate under subsection (5.08).

15(5.082)Notwithstanding subsection (6), if a judge elects to be paid a reduced annuity under subsection (5.01), (5.02) or (5.05), no child of the judge is entitled to be paid an annuity under subsection (6).

15(5.083)Notice of any election under subsection (5.01), (5.02) or (5.05)

15(5.084)A judge who elects to be paid a reduced annuity under subsection (5.01), (5.02) or (5.05) is not entitled to re-elect to be paid a different reduced annuity or an unreduced annuity at any other time.

15(5.085)Notwithstanding anything else in this section, if a judge who is being paid a reduced annuity under subsection (5.01), (5.02) or (5.05) dies, no person is entitled to be paid a surviving spouse’s annuity unless the person was the spouse of the judge on the date when the reduced annuity began to be paid to the judge.

15(5.0851)Notwithstanding anything else in this section, if a judge who is being paid a reduced annuity under subsection (5.01), (5.02) or (5.05) dies, no person is entitled to be paid a surviving common-law partner’s annuity unless the person was the common-law partner of the judge on the date when the reduced annuity began to be paid to the judge and at the time of the judge’s death.

15(5.1)Subject to subsections (5.3) and 17.3(3) and (5), the surviving spouse of a judge is entitled to a surviving spouse’s annuity, if otherwise eligible, and the surviving common-law partner of that judge is not entitled to a surviving common-law partner’s annuity if

15(5.2)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 annuity or surviving common-law partner’s annuity, as the case may be.

15(5.3)A surviving spouse is not entitled to a surviving spouse’s annuity and a surviving common-law partner is not entitled to a surviving common-law partner’s annuity if there is

15(6)If a judge dies without leaving a surviving spouse or surviving common-law partner, or if a surviving spouse’s annuity or surviving common-law partner’s annuity is not payable or ceases to be payable under this Act, an annuity equal to the surviving spouse’s annuity or surviving common-law partner’s annuity that was being paid or could have been paid under subsection (4) shall be paid to the guardian of the judge’s children who are under the age of 18 years for their maintenance and education until they reach the age of 18 years.

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.

15(9)For the purposes of this section a judge who retired after the first day of January 1967 and before June 18, 1969, is deemed

15(10)Where a judge has elected supernumerary status under section 4.21 and has also elected under subsection 40(4) of the Provincial Court Judges’ Pension Act to be paid the benefits to which he or she is entitled under this Act while remaining in office after the end of the thirty-first day of December of the year in which he or she becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada),

15(1)A judge who

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)Subject to subsections (5.01), (5.02) and (5.05), 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.

15(2)An annuity granted to a judge under this section commences on the day of the judge’s retirement, resignation or removal from office and continues during the judge’s natural life.

15(3)Notwithstanding subsection (2), an annuity payable to a judge referred to in paragraph (1)(b) or (1)(b.1) commences when he or she reaches the age of sixty-five years.

15(4)Subject to subsections (5.01), (5.02) and (5.05), where a judge

15(5)Notwithstanding subsection (4), an annuity payable to the surviving spouse or surviving common-law partner of a judge referred to in paragraph (4)(c) or (4)(d) commences on the day when the judge would have reached his or her sixty-fifth birthday if he or she had lived.

15(5.01)Subject to subsection 37(5) of the Provincial Court Judges’ Pension Act, if a judge has a spouse or common-law partner at the time when payments of an annuity under paragraph (1)(a), (a.1), (b) or (b.1) or subsection (1.01), as the case may be, are to begin to be made to the judge, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse’s annuity or surviving common-law partner’s annuity payable to the judge’s surviving spouse or surviving common-law partner shall be increased in accordance with subsections (5.03) and (5.04).

15(5.02)Subject to subsection 37(5) of the Provincial Court Judges’ Pension Act, if a judge who is being paid an annuity under paragraph (1)(c) has a spouse or common-law partner at the time when the judge reaches the age of 65 years, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse’s annuity or surviving common-law partner’s annuity payable to the judge’s surviving spouse or surviving common-law partner shall be increased in accordance with subsections (5.03) and (5.04).

15(5.03)A judge electing a reduced annuity under subsection (5.01) or (5.02) may elect an increased surviving spouse’s annuity or an increased surviving common-law partner’s annuity in an amount that is sixty per cent, sixty-six and two-thirds per cent, seventy-five per cent or one hundred per cent of the amount of the reduced annuity that the judge elects to be paid.

15(5.04)The amount of the judge’s reduced annuity and of the increased surviving spouse’s annuity or increased surviving common-law partner’s annuity in total shall be the actuarial equivalent of the total amount of the annuities that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made under subsection (5.01) or (5.02).

15(5.05)A judge making an election to be paid a reduced annuity under subsection (5.01) or (5.02) may, at that same time, also elect to have guaranteed payments made in accordance with subsections (5.06) to (5.082) to his or her surviving spouse or surviving common-law partner, as the case may be, and his or her estate during a period of five, ten or fifteen years after the payments of the reduced annuity are to begin to be made to the judge, as selected by the judge.

15(5.06)If a judge makes an election under subsection (5.05), the amount of the judge’s reduced annuity, of the increased surviving spouse’s annuity or increased surviving common-law partner’s annuity and of any payment that might be made to the judge’s estate in total shall be the actuarial equivalent of the total amount of the annuities that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made.

15(5.07)If a judge elects to be paid a reduced annuity under subsection (5.05) and dies during the guarantee period of 5, 10 or 15 years selected by the judge, his or her surviving spouse or surviving common-law partner who would be entitled to receive a surviving spouse’s annuity or surviving common-law partner’s annuity under subsection (4) is entitled to receive, instead of that surviving spouse’s annuity or surviving common-law partner’s annuity, an annuity

15(5.08)If a judge elects to be paid a reduced annuity under subsection (5.05) and both the judge and the judge’s spouse or common-law partner die during the guarantee period selected by the judge, the judge’s estate shall be paid a lump sum equal to the actuarial equivalent of the balance of the reduced annuity payments that the judge or, if the judge’s spouse or common-law partner survives the judge, the judge’s spouse or common-law partner, would have been paid during the remainder of the selected guarantee period if the judge and the judge’s spouse or common-law partner had not died during that period.

15(5.081)If a judge elects to be paid a reduced annuity under subsection (5.05) and both the judge and his or her spouse or common-law partner die after the end of the guarantee period selected by the judge, no payments shall be made to the judge’s estate under subsection (5.08).

15(5.082)Notwithstanding subsection (6), if a judge elects to be paid a reduced annuity under subsection (5.01), (5.02) or (5.05), no child of the judge is entitled to be paid an annuity under subsection (6).

15(5.083)Notice of any election under subsection (5.01), (5.02) or (5.05)

15(5.084)A judge who elects to be paid a reduced annuity under subsection (5.01), (5.02) or (5.05) is not entitled to re-elect to be paid a different reduced annuity or an unreduced annuity at any other time.

15(5.085)Notwithstanding anything else in this section, if a judge who is being paid a reduced annuity under subsection (5.01), (5.02) or (5.05) dies, no person is entitled to be paid a surviving spouse’s annuity unless the person was the spouse of the judge on the date when the reduced annuity began to be paid to the judge.

15(5.0851)Notwithstanding anything else in this section, if a judge who is being paid a reduced annuity under subsection (5.01), (5.02) or (5.05) dies, no person is entitled to be paid a surviving common-law partner’s annuity unless the person was the common-law partner of the judge on the date when the reduced annuity began to be paid to the judge and at the time of the judge’s death.

15(5.1)Subject to subsections (5.3) and 17.3(3) and (5), the surviving spouse of a judge is entitled to a surviving spouse’s annuity, if otherwise eligible, and the surviving common-law partner of that judge is not entitled to a surviving common-law partner’s annuity if

15(5.2)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 annuity or surviving common-law partner’s annuity, as the case may be.

15(5.3)A surviving spouse is not entitled to a surviving spouse’s annuity and a surviving common-law partner is not entitled to a surviving common-law partner’s annuity if there is

15(6)If a judge dies without leaving a surviving spouse or surviving common-law partner, or if a surviving spouse’s annuity or surviving common-law partner’s annuity is not payable or ceases to be payable under this Act, an annuity equal to the surviving spouse’s annuity or surviving common-law partner’s annuity that was being paid or could have been paid under subsection (4) shall be paid to the guardian of the judge’s children who are under the age of 18 years for their maintenance and education until they reach the age of 18 years.

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.

15(9)For the purposes of this section a judge who retired after the first day of January 1967 and before June 18, 1969, is deemed

15(10)Where a judge has elected supernumerary status under section 4.21 and has also elected under subsection 37(3.1) of the Provincial Court Judges’ Pension Act to be paid the benefits to which he or she is entitled under this Act while remaining in office after the end of the thirty-first day of December of the year in which he or she becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada),

15(1)A judge who

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)Subject to subsections (5.01), (5.02) and (5.05), 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.

15(2)An annuity granted to a judge under this section commences on the day of the judge’s retirement, resignation or removal from office and continues during the judge’s natural life.

15(3)Notwithstanding subsection (2), an annuity payable to a judge referred to in paragraph (1)(b) or (1)(b.1) commences when he or she reaches the age of sixty-five years.

15(4)Subject to subsections (5.01), (5.02) and (5.05), where a judge

15(5)Notwithstanding subsection (4), an annuity payable to the surviving spouse or surviving common-law partner of a judge referred to in paragraph (4)(c) or (4)(d) commences on the day when the judge would have reached his or her sixty-fifth birthday if he or she had lived.

15(5.01)Subject to subsection 37(5) of the Provincial Court Judges’ Pension Act, if a judge has a spouse or common-law partner at the time when payments of an annuity under paragraph (1)(a), (a.1), (b) or (b.1) or subsection (1.01), as the case may be, are to begin to be made to the judge, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse’s annuity or surviving common-law partner’s annuity payable to the judge’s surviving spouse or surviving common-law partner shall be increased in accordance with subsections (5.03) and (5.04).

15(5.02)Subject to subsection 37(5) of the Provincial Court Judges’ Pension Act, if a judge who is being paid an annuity under paragraph (1)(c) has a spouse or common-law partner at the time when the judge reaches the age of 65 years, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse’s annuity or surviving common-law partner’s annuity payable to the judge’s surviving spouse or surviving common-law partner shall be increased in accordance with subsections (5.03) and (5.04).

15(5.03)A judge electing a reduced annuity under subsection (5.01) or (5.02) may elect an increased surviving spouse’s annuity or an increased surviving common-law partner’s annuity in an amount that is sixty per cent, sixty-six and two-thirds per cent, seventy-five per cent or one hundred per cent of the amount of the reduced annuity that the judge elects to be paid.

15(5.04)The amount of the judge’s reduced annuity and of the increased surviving spouse’s annuity or increased surviving common-law partner’s annuity in total shall be the actuarial equivalent of the total amount of the annuities that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made under subsection (5.01) or (5.02).

15(5.05)A judge making an election to be paid a reduced annuity under subsection (5.01) or (5.02) may, at that same time, also elect to have guaranteed payments made in accordance with subsections (5.06) to (5.082) to his or her surviving spouse or surviving common-law partner, as the case may be, and his or her estate during a period of five, ten or fifteen years after the payments of the reduced annuity are to begin to be made to the judge, as selected by the judge.

15(5.06)If a judge makes an election under subsection (5.05), the amount of the judge’s reduced annuity, of the increased surviving spouse’s annuity or increased surviving common-law partner’s annuity and of any payment that might be made to the judge’s estate in total shall be the actuarial equivalent of the total amount of the annuities that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made.

15(5.07)If a judge elects to be paid a reduced annuity under subsection (5.05) and dies during the guarantee period of 5, 10 or 15 years selected by the judge, his or her surviving spouse or surviving common-law partner who would be entitled to receive a surviving spouse’s annuity or surviving common-law partner’s annuity under subsection (4) is entitled to receive, instead of that surviving spouse’s annuity or surviving common-law partner’s annuity, an annuity

15(5.08)If a judge elects to be paid a reduced annuity under subsection (5.05) and both the judge and the judge’s spouse or common-law partner die during the guarantee period selected by the judge, the judge’s estate shall be paid a lump sum equal to the actuarial equivalent of the balance of the reduced annuity payments that the judge or, if the judge’s spouse or common-law partner survives the judge, the judge’s spouse or common-law partner, would have been paid during the remainder of the selected guarantee period if the judge and the judge’s spouse or common-law partner had not died during that period.

15(5.081)If a judge elects to be paid a reduced annuity under subsection (5.05) and both the judge and his or her spouse or common-law partner die after the end of the guarantee period selected by the judge, no payments shall be made to the judge’s estate under subsection (5.08).

15(5.082)Notwithstanding subsection (6), if a judge elects to be paid a reduced annuity under subsection (5.01), (5.02) or (5.05), no child of the judge is entitled to be paid an annuity under subsection (6).

15(5.083)Notice of any election under subsection (5.01), (5.02) or (5.05)

15(5.084)A judge who elects to be paid a reduced annuity under subsection (5.01), (5.02) or (5.05) is not entitled to re-elect to be paid a different reduced annuity or an unreduced annuity at any other time.

15(5.085)Notwithstanding anything else in this section, if a judge who is being paid a reduced annuity under subsection (5.01), (5.02) or (5.05) dies, no person is entitled to be paid a surviving spouse’s annuity unless the person was the spouse of the judge on the date when the reduced annuity began to be paid to the judge.

15(5.0851)Notwithstanding anything else in this section, if a judge who is being paid a reduced annuity under subsection (5.01), (5.02) or (5.05) dies, no person is entitled to be paid a surviving common-law partner’s annuity unless the person was the common-law partner of the judge on the date when the reduced annuity began to be paid to the judge and at the time of the judge’s death.

15(5.1)Subject to subsections (5.3) and 17.3(3) and (5), the surviving spouse of a judge is entitled to a surviving spouse’s annuity, if otherwise eligible, and the surviving common-law partner of that judge is not entitled to a surviving common-law partner’s annuity if

15(5.2)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 annuity or surviving common-law partner’s annuity, as the case may be.

15(5.3)A surviving spouse is not entitled to a surviving spouse’s annuity and a surviving common-law partner is not entitled to a surviving common-law partner’s annuity if there is

15(6)If a judge dies without leaving a surviving spouse or surviving common-law partner, or if a surviving spouse’s annuity or surviving common-law partner’s annuity is not payable or ceases to be payable under this Act, an annuity equal to the surviving spouse’s annuity or surviving common-law partner’s annuity that was being paid or could have been paid under subsection (4) shall be paid to the guardian of the judge’s children who are under the age of 18 years for their maintenance and education until they reach the age of 18 years.

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.

15(9)For the purposes of this section a judge who retired after the first day of January 1967 and before June 18, 1969, is deemed

15(10)Where a judge has elected supernumerary status under section 4.21 and has also elected under subsection 37(3.1) of the Provincial Court Judges’ Pension Act to be paid the benefits to which he or she is entitled under this Act while remaining in office after the end of the thirty-first day of December of the year in which he or she becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada),

15(1)A judge who

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)Subject to subsections (5.01), (5.02) and (5.05), 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.

15(2)An annuity granted to a judge under this section commences on the day of the judge’s retirement, resignation or removal from office and continues during the judge’s natural life.

15(3)Notwithstanding subsection (2), an annuity payable to a judge referred to in paragraph (1)(b) or (1)(b.1) commences when he or she reaches the age of sixty-five years.

15(4)Subject to subsections (5.01), (5.02) and (5.05), where a judge

15(5)Notwithstanding subsection (4), an annuity payable to the surviving spouse or surviving common-law partner of a judge referred to in paragraph (4)(c) or (4)(d) commences on the day when the judge would have reached his or her sixty-fifth birthday if he or she had lived.

15(5.01)Subject to subsection 37(5) of the Provincial Court Judges’ Pension Act, if a judge has a spouse or common-law partner at the time when payments of an annuity under paragraph (1)(a), (a.1), (b) or (b.1) or subsection (1.01), as the case may be, are to begin to be made to the judge, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse’s annuity or surviving common-law partner’s annuity payable to the judge’s surviving spouse or surviving common-law partner shall be increased in accordance with subsections (5.03) and (5.04).

15(5.02)Subject to subsection 37(5) of the Provincial Court Judges’ Pension Act, if a judge who is being paid an annuity under paragraph (1)(c) has a spouse or common-law partner at the time when the judge reaches the age of 65 years, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse’s annuity or surviving common-law partner’s annuity payable to the judge’s surviving spouse or surviving common-law partner shall be increased in accordance with subsections (5.03) and (5.04).

15(5.03)A judge electing a reduced annuity under subsection (5.01) or (5.02) may elect an increased surviving spouse’s annuity or an increased surviving common-law partner’s annuity in an amount that is sixty per cent, sixty-six and two-thirds per cent, seventy-five per cent or one hundred per cent of the amount of the reduced annuity that the judge elects to be paid.

15(5.04)The amount of the judge’s reduced annuity and of the increased surviving spouse’s annuity or increased surviving common-law partner’s annuity in total shall be the actuarial equivalent of the total amount of the annuities that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made under subsection (5.01) or (5.02).

15(5.05)A judge making an election to be paid a reduced annuity under subsection (5.01) or (5.02) may, at that same time, also elect to have guaranteed payments made in accordance with subsections (5.06) to (5.082) to his or her surviving spouse or surviving common-law partner, as the case may be, and his or her estate during a period of five, ten or fifteen years after the payments of the reduced annuity are to begin to be made to the judge, as selected by the judge.

15(5.06)If a judge makes an election under subsection (5.05), the amount of the judge’s reduced annuity, of the increased surviving spouse’s annuity or increased surviving common-law partner’s annuity and of any payment that might be made to the judge’s estate in total shall be the actuarial equivalent of the total amount of the annuities that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made.

15(5.07)If a judge elects to be paid a reduced annuity under subsection (5.05) and dies during the guarantee period of 5, 10 or 15 years selected by the judge, his or her surviving spouse or surviving common-law partner who would be entitled to receive a surviving spouse’s annuity or surviving common-law partner’s annuity under subsection (4) is entitled to receive, instead of that surviving spouse’s annuity or surviving common-law partner’s annuity, an annuity

15(5.08)If a judge elects to be paid a reduced annuity under subsection (5.05) and both the judge and the judge’s spouse or common-law partner die during the guarantee period selected by the judge, the judge’s estate shall be paid a lump sum equal to the actuarial equivalent of the balance of the reduced annuity payments that the judge or, if the judge’s spouse or common-law partner survives the judge, the judge’s spouse or common-law partner, would have been paid during the remainder of the selected guarantee period if the judge and the judge’s spouse or common-law partner had not died during that period.

15(5.081)If a judge elects to be paid a reduced annuity under subsection (5.05) and both the judge and his or her spouse or common-law partner die after the end of the guarantee period selected by the judge, no payments shall be made to the judge’s estate under subsection (5.08).

15(5.082)Notwithstanding subsection (6), if a judge elects to be paid a reduced annuity under subsection (5.01), (5.02) or (5.05), no child of the judge is entitled to be paid an annuity under subsection (6).

15(5.083)Notice of any election under subsection (5.01), (5.02) or (5.05)

15(5.084)A judge who elects to be paid a reduced annuity under subsection (5.01), (5.02) or (5.05) is not entitled to re-elect to be paid a different reduced annuity or an unreduced annuity at any other time.

15(5.085)Notwithstanding anything else in this section, if a judge who is being paid a reduced annuity under subsection (5.01), (5.02) or (5.05) dies, no person is entitled to be paid a surviving spouse’s annuity unless the person was the spouse of the judge on the date when the reduced annuity began to be paid to the judge.

15(5.0851)Notwithstanding anything else in this section, if a judge who is being paid a reduced annuity under subsection (5.01), (5.02) or (5.05) dies, no person is entitled to be paid a surviving common-law partner’s annuity unless the person was the common-law partner of the judge on the date when the reduced annuity began to be paid to the judge and at the time of the judge’s death.

15(5.1)Subject to subsections (5.3) and 17.3(3) and (5), the surviving spouse of a judge is entitled to a surviving spouse’s annuity, if otherwise eligible, and the surviving common-law partner of that judge is not entitled to a surviving common-law partner’s annuity if

15(5.2)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 annuity or surviving common-law partner’s annuity, as the case may be.

15(5.3)A surviving spouse is not entitled to a surviving spouse’s annuity and a surviving common-law partner is not entitled to a surviving common-law partner’s annuity if there is

15(6)If a judge dies without leaving a surviving spouse or surviving common-law partner, or if a surviving spouse’s annuity or surviving common-law partner’s annuity is not payable or ceases to be payable under this Act, an annuity equal to the surviving spouse’s annuity or surviving common-law partner’s annuity that was being paid or could have been paid under subsection (4) shall be paid to the guardian of the judge’s children who are under the age of 18 years for their maintenance and education until they reach the age of 18 years.

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.

15(9)For the purposes of this section a judge who retired after the first day of January 1967 and before June 18, 1969, is deemed

15(10)Where a judge has elected supernumerary status under section 4.21 and has also elected under subsection 37(3.1) of the Provincial Court Judges’ Pension Act to be paid the benefits to which he or she is entitled under this Act while remaining in office after the end of the thirty-first day of December of the year in which he or she becomes sixty-nine,

15(1)A judge who

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)Subject to subsections (5.01), (5.02), (5.05) and (5.086), 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.

15(2)An annuity granted to a judge under this section commences on the day of the judge’s retirement, resignation or removal from office and continues during the judge’s natural life.

15(3)Notwithstanding subsection (2), an annuity payable to a judge referred to in paragraph (1)(b) or (1)(b.1) commences when he reaches the age of sixty-five years.

15(4)Subject to subsections (5.01), (5.02), (5.05), (5.086) and (5.0876), where a judge

15(5)Notwithstanding subsection (4), an annuity payable to the surviving spouse of a judge referred to in paragraph (4)(c) or (4)(d) commences on the day when the judge would have reached his sixty-fifth birthday if he had lived.

15(5.01)Subject to subsection 37(5) of the Provincial Court Judges’ Pension Act, if a judge has a spouse at the time when payments of an annuity under paragraph (1)(a), (a.1), (b) or (b.1) or subsection (1.01), as the case may be, are to begin to be made to the judge, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse’s annuity payable to the judge’s surviving spouse shall be increased in accordance with subsections (5.03) and (5.04).

15(5.02)Subject to subsection 37(5) of the Provincial Court Judges’ Pension Act, if a judge who is being paid an annuity under paragraph (1)(c) has a spouse at the time when the judge reaches the age of sixty-five years, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse’s annuity payable to the judge’s surviving spouse shall be increased in accordance with subsections (5.03) and (5.04).

15(5.03)A judge electing a reduced annuity under subsection (5.01) or (5.02) may elect an increased surviving spouse’s annuity in an amount that is sixty per cent, sixty-six and two-thirds per cent, seventy-five per cent or one hundred per cent of the amount of the reduced annuity that the judge elects to be paid.

15(5.04)The amount of the judge’s reduced annuity and of the increased surviving spouse’s annuity in total shall be the actuarial equivalent of the total amount of the annuities that the judge and the judge’s surviving spouse would or could have been paid if the election had not been made under subsection (5.01) or (5.02).

15(5.05)A judge making an election to be paid a reduced annuity under subsection (5.01) or (5.02) may, at that same time, also elect to have guaranteed payments made in accordance with subsections (5.06) to (5.082) to the judge’s surviving spouse and estate during a period of five, ten or fifteen years after the payments of the reduced annuity are to begin to be made to the judge, as selected by the judge.

15(5.06)If a judge makes an election under subsection (5.05), the amount of the judge’s reduced annuity, of the increased surviving spouse’s annuity and of any payment that might be made to the judge’s estate in total shall be the actuarial equivalent of the total amount of the annuities that the judge and the judge’s surviving spouse would or could have been paid if the election had not been made.

15(5.07)If a judge elects to be paid a reduced annuity under subsection (5.05) and dies during the guarantee period of five, ten or fifteen years selected by the judge, any surviving spouse of the judge who would be entitled to receive a surviving spouse’s annuity under subsection (4) is entitled to receive, instead of that surviving spouse’s annuity, an annuity

15(5.08)If a judge elects to be paid a reduced annuity under subsection (5.05) and both the judge and the judge’s spouse die during the guarantee period selected by the judge, the judge’s estate shall be paid a lump sum equal to the actuarial equivalent of the balance of the reduced annuity payments that the judge or, if the judge’s spouse survives the judge, the judge’s spouse, would have been paid during the remainder of the selected guarantee period if the judge and the judge’s spouse had not died during that period.

15(5.081)If a judge elects to be paid a reduced annuity under subsection (5.05) and both the judge and the judge’s spouse die after the end of the guarantee period selected by the judge, no payments shall be made to the judge’s estate under subsection (5.08).

15(5.082)Notwithstanding subsection (6), if a judge elects to be paid a reduced annuity under subsection (5.01), (5.02) or (5.05), no child of the judge is entitled to be paid an annuity under subsection (6).

15(5.083)Notice of any election under subsection (5.01), (5.02) or (5.05)

15(5.084)A judge who elects to be paid a reduced annuity under subsection (5.01), (5.02) or (5.05) is not entitled to re-elect to be paid a different reduced annuity or an unreduced annuity at any other time.

15(5.085)Notwithstanding anything else in this section, if a judge who is being paid a reduced annuity under subsection (5.01), (5.02) or (5.05) dies, no person is entitled to be paid the judge’s surviving spouse’s annuity unless the person was the spouse of the judge on the date when the reduced annuity began to be paid to the judge.

15(5.086)Where a judge has commenced to be paid an annuity after March 31, 2001, and before the date of the enactment of this subsection, the judge may make an election under subsection (5.01), (5.02) or (5.05), as the case may be, if the judge makes the election on the date of the enactment of this subsection or within ninety days after that date.

15(5.087)Notice of an election under subsection (5.086)

15(5.0871)Where a judge makes, in accordance with subsection (5.086), an election under subsection (5.01) or (5.02), the amount of the judge’s reduced annuity and of the increased surviving spouse’s annuity in total shall be the actuarial equivalent of the total amount of the annuities that the judge and the judge’s surviving spouse would or could have been paid if the election had not been made under subsection (5.01) or (5.02).

15(5.0872)Where a judge makes, in accordance with subsection (5.086), an election under subsection (5.05), the amount of the judge’s reduced annuity, of the increased surviving spouse’s annuity and of any payment that might be made to the judge’s estate in total shall be the actuarial equivalent of the total amount of the annuities that the judge and the judge’s surviving spouse would or could have been paid if the election had not been made.

15(5.0873)The actuarial equivalent referred to in subsection (5.0871) or (5.0872) shall

15(5.0874)Subsections (5.03), (5.07), (5.08), (5.081), (5.082), (5.084) and (5.085) apply where a judge makes an election under subsection (5.086).

15(5.0875)Subject to subsection (5.0876), if a judge who is entitled to make an election under subsection (5.086) dies before doing so, no other person is entitled to make an election under subsection (5.086) in the place of the judge.

15(5.0876)Subject to subsection (5.0877), where a judge referred to in subsection (5.0875) has requested, in writing, a calculation of the annuities that would be paid under subsection (5.0871) or (5.0872), the surviving spouse of the judge may make an election under subsection (5.086) in the place of the judge, if the surviving spouse makes the election within the time period described in subsection (5.086).

15(5.0877)The surviving spouse of the judge referred to in subsection (5.0876) may elect an increased surviving spouse’s annuity and a guarantee period from among only the increased surviving spouse’s annuities and guarantee periods for which calculations were requested, in writing, by the judge.

15(5.0878)Subsections (5.087), (5.0871), (5.0872), (5.0873) and (5.0874) apply with the necessary modifications where a surviving spouse makes an election under subsection (5.0876).

15(5.1)If two persons claim the surviving spouse’s annuity under this section, and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the judge at the time of the judge’s death, that spouse is entitled to the surviving spouse’s annuity under subsection (4), if otherwise eligible and subject to subsection 17.3(3), unless there is a valid written agreement between the judge and that spouse, or a court order or judgment, that bars that spouse’s claim.

15(6)Where a judge dies

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.

15(9)For the purposes of this section a judge who retired after the first day of January 1967 and before June 18, 1969, is deemed

15(10)Where a judge has elected supernumerary status under section 4.21 and has also elected under subsection 37(3.1) of the Provincial Court Judges’ Pension Act to be paid the benefits to which he or she is entitled under this Act while remaining in office after the end of the thirty-first day of December of the year in which he or she becomes sixty-nine,