Acts and Regulations

P-21 - Provincial Court Act

Section 15.2
Disposition versions

Full text
Amount of pension
15.2(1)In this section
“Consumer Price Index” means the Consumer Price Index for Canada published under the authority of the Statistics Act, chapter 15 of the Statutes of Canada, 1970-71;(indice des prix à la consommation)
“pension index” means for each year, the average of the Consumer Price Index for the twelve month period ending June 30 in the year preceding that year unless the average is less than 1.01 times the pension index for the preceding year, in which case the pension index for the year is the pension index for the preceding year.(indice de pension)
15.2(2)Where a pension is paid under this Act to a person who was receiving the pension before January 1, 1980, the amount of that pension expressed in annual terms shall be adjusted by multiplying the amount of the pension that would have been payable if no adjustment had been made under this subsection by the ratio that the Consumer Price Index for the year 1972 bears to the Consumer Price Index for the year in which the pension was first received.
15.2(3)The amount of any pension paid under this Act, after being adjusted in accordance with subsection (2), shall be adjusted, in respect of the previous year, as of the first day of each year,
(a) for the year 1973 by two per cent;
(b) for the year 1974 by two per cent;
(c) for the year 1975 by six per cent;
(d) for the year 1976 by six per cent;
(e) for the year 1977 by six per cent;
(f) for the year 1978 by six per cent;
(g) for the year 1979 by six per cent;
(h) for the year 1980 by six per cent.
15.2(4)An increase in the amount of a pension adjusted under subsections (2) and (3) shall be effective April 1, 1980.
15.2(5)The amount of any pension paid under this Act, after being adjusted in accordance with subsection (2) or (3), shall be adjusted as of the first day of each year, beginning January 1, 1981, by multiplying the amount of the pension that would have been payable for that year if no adjustment had been made under this subsection with respect to that following year, by the ratio that the pension index for that year bears to the pension index for the preceding year or 1.06, whichever is the lesser.
15.2(6)Notwithstanding subsection (5), the first adjustment under that subsection shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (5) by a fraction the denominator of which is 12 and the numerator of which is equal to the number of months following the month in which the judge ceased to hold office or died, or following the month in which he or she reaches or would have reached sixty-five years of age when paragraph 15(1)(b) or (b.1) applies, in the year preceding the year in which the first adjustment is made.
1980, c.43, s.5; 1984, c.11, s.1; 2008, c.45, s.26
Annuity of judge
15.2(1)In this section
“Consumer Price Index” means the Consumer Price Index for Canada published under the authority of the Statistics Act, chapter 15 of the Statutes of Canada, 1970-71;
“pension index” means for each year, the average of the Consumer Price Index for the twelve month period ending June 30 in the year preceding that year unless the average is less than 1.01 times the pension index for the preceding year, in which case the pension index for the year is the pension index for the preceding year.
15.2(2)Where a pension is paid under this Act to a person who was receiving the pension before January 1, 1980, the amount of that pension expressed in annual terms shall be adjusted by multiplying the amount of the pension that would have been payable if no adjustment had been made under this subsection by the ratio that the Consumer Price Index for the year 1972 bears to the Consumer Price Index for the year in which the pension was first received.
15.2(3)The amount of any pension paid under this Act, after being adjusted in accordance with subsection (2), shall be adjusted, in respect of the previous year, as of the first day of each year,
(a) for the year 1973 by two per cent;
(b) for the year 1974 by two per cent;
(c) for the year 1975 by six per cent;
(d) for the year 1976 by six per cent;
(e) for the year 1977 by six per cent;
(f) for the year 1978 by six per cent;
(g) for the year 1979 by six per cent;
(h) for the year 1980 by six per cent.
15.2(4)An increase in the amount of a pension adjusted under subsections (2) and (3) shall be effective April 1, 1980.
15.2(5)The amount of any pension paid under this Act, after being adjusted in accordance with subsection (2) or (3), shall be adjusted as of the first day of each year, beginning January 1, 1981, by multiplying the amount of the pension that would have been payable for that year if no adjustment had been made under this subsection with respect to that following year, by the ratio that the pension index for that year bears to the pension index for the preceding year or 1.06, whichever is the lesser.
15.2(6)Notwithstanding subsection (5), the first adjustment under that subsection shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (5) by a fraction the denominator of which is 12 and the numerator of which is equal to the number of months following the month in which the judge ceased to hold office or died, or following the month in which he or she reaches or would have reached sixty-five years of age when paragraph 15(1)(b) or (b.1) applies, in the year preceding the year in which the first adjustment is made.
1980, c.43, s.5; 1984, c.11, s.1; 2008, c.45, s.26
Annuity of judge
15.2(1)In this section
“Consumer Price Index” means the Consumer Price Index for Canada published under the authority of the Statistics Act, chapter 15 of the Statutes of Canada, 1970-71;
“pension index” means for each year, the average of the Consumer Price Index for the twelve month period ending June 30 in the year preceding that year unless the average is less than 1.01 times the pension index for the preceding year, in which case the pension index for the year is the pension index for the preceding year.
15.2(2)Where a pension is paid under this Act to a person who was receiving the pension before January 1, 1980, the amount of that pension expressed in annual terms shall be adjusted by multiplying the amount of the pension that would have been payable if no adjustment had been made under this subsection by the ratio that the Consumer Price Index for the year 1972 bears to the Consumer Price Index for the year in which the pension was first received.
15.2(3)The amount of any pension paid under this Act, after being adjusted in accordance with subsection (2), shall be adjusted, in respect of the previous year, as of the first day of each year,
(a) for the year 1973 by two per cent;
(b) for the year 1974 by two per cent;
(c) for the year 1975 by six per cent;
(d) for the year 1976 by six per cent;
(e) for the year 1977 by six per cent;
(f) for the year 1978 by six per cent;
(g) for the year 1979 by six per cent;
(h) for the year 1980 by six per cent.
15.2(4)An increase in the amount of a pension adjusted under subsections (2) and (3) shall be effective April 1, 1980.
15.2(5)The amount of any pension paid under this Act, after being adjusted in accordance with subsection (2) or (3), shall be adjusted as of the first day of each year, beginning January 1, 1981, by multiplying the amount of the pension that would have been payable for that year if no adjustment had been made under this subsection with respect to that following year, by the ratio that the pension index for that year bears to the pension index for the preceding year or 1.06, whichever is the lesser.
15.2(6)Notwithstanding subsection (5), the first adjustment under that subsection shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (5) by a fraction the denominator of which is 12 and the numerator of which is equal to the number of months following the month in which the judge ceased to hold office or died, or following the month in which he reaches or would have reached sixty-five years of age when paragraph 15(1)(b) or (b.1) applies, in the year preceding the year in which the first adjustment is made.
1980, c.43, s.5; 1984, c.11, s.1