Acts and Regulations

P-21 - Provincial Court Act

Section 17.11
Disposition versions

Full text
Judge entitled to return of contributions
17.11(1)Notwithstanding section 17.1, where a judge has had contributions to the pension trust fund referred to in section 17.1 transferred from the Public Service Superannuation Fund pursuant to Order-in-Council 69-723 to that pension trust fund, the judge is entitled, upon application, to a return of the contributions so transferred with interest, with the rate of interest based on the ninety day federal treasury bills five year average yield, compounded annually and calculated from January 1, 1970 to the date of payment.
17.11(2)Where a judge referred to in subsection (1) has died, the return of contributions and interest may only be made
(a) to his or her surviving spouse if the surviving spouse makes an application and was entitled to the surviving spouse’s annuity under section 15 at the time of the judge’s death, or
(b) if no person is paid under paragraph (a), to his or her surviving common-law partner if the surviving common-law partner makes an application and was entitled to the surviving common-law partner’s annuity under section 15 at the time of the judge’s death.
17.11(3)Repealed: 2008, c.45, s.26
1987, c.45, s.17; 1998, c.35, s.3; 2008, c.45, s.26
Judge entitled to return of contributions
17.11(1)Notwithstanding section 17.1, where a judge has had contributions to the pension trust fund referred to in section 17.1 transferred from the Public Service Superannuation Fund pursuant to Order-in-Council 69-723 to that pension trust fund, the judge is entitled, upon application, to a return of the contributions so transferred with interest, with the rate of interest based on the ninety day federal treasury bills five year average yield, compounded annually and calculated from January 1, 1970 to the date of payment.
17.11(2)Where a judge referred to in subsection (1) has died, the return of contributions and interest may only be made
(a) to his or her surviving spouse if the surviving spouse makes an application and was entitled to the surviving spouse’s annuity under section 15 at the time of the judge’s death, or
(b) if no person is paid under paragraph (a), to his or her surviving common-law partner if the surviving common-law partner makes an application and was entitled to the surviving common-law partner’s annuity under section 15 at the time of the judge’s death.
17.11(3)Repealed: 2008, c.45, s.26
1987, c.45, s.17; 1998, c.35, s.3; 2008, c.45, s.26
Judge entitled to return of contributions
17.11(1)Notwithstanding section 17.1, where a judge has had contributions to the pension trust fund referred to in section 17.1 transferred from the Public Service Superannuation Fund pursuant to Order-in-Council 69-723 to that pension trust fund, the judge is entitled, upon application, to a return of the contributions so transferred with interest, with the rate of interest based on the ninety day federal treasury bills five year average yield, compounded annually and calculated from January 1, 1970 to the date of payment.
17.11(2)Where a judge referred to in subsection (1) has died, a return of contributions and interest referred to in subsection (1) may be made to the judge’s surviving spouse, upon application of the surviving spouse, but not to any estate or other person.
17.11(3)If two persons claim to be the surviving spouse of a judge referred to in subsection (2), 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 return of contributions under subsection (2), 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.
1987, c.45, s.17; 1998, c.35, s.3