Special Retirement Provision — Supreme Court of Canada Judges
Marginal note:Retired judge may continue to hold office
41.1 (1) A judge of the Supreme Court of Canada who has retired may, with the approval of the Chief Justice of Canada, continue to participate in judgments in which he or she participated before retiring, for a period not greater than six months after the date of the retirement.
Marginal note:Salary, etc.
(2) A retired judge participating in judgments shall receive
(a) the salary annexed to the office during that period less any amount otherwise payable to him or her under this Act in respect of the period, other than those amounts described in paragraphs (b) and (c);
(b) an amount that bears the same ratio to the allowance for incidental expenditures actually incurred referred to in subsection 27(1) that the number of months in the period bears to twelve; and
(c) the representational allowance referred to in subsection 27(6) for the period, as though the appropriate maximum referred to in that subsection were an amount that bears the same ratio to that allowance that the number of months in the period bears to twelve.
Marginal note:No extra remuneration
(3) Section 57 applies with respect to a judge to whom this section applies.
- 2001, c. 7, s. 20;
- 2006, c. 11, s. 10.
Marginal note:Life insurance
41.2 (1) The Treasury Board shall establish, or enter into a contract to acquire, an insurance program for judges covering the following, on terms and conditions similar to those contained in the Public Service Management Insurance Plan and the public service management insurance directives that apply to executives:
(a) basic life insurance;
(b) supplementary life insurance;
(c) post-retirement life insurance;
(d) dependants’ insurance; and
(e) accidental death and dismemberment insurance.
(2) The Treasury Board may
(a) set terms and conditions in respect of the program, including those respecting premiums or contributions payable, benefits, and management and control of the program;
(b) make contributions and pay premiums or benefits, as required, out of the Consolidated Revenue Fund; and
(c) undertake and do all things it considers appropriate for the purpose of administering or supervising the program.
Marginal note:Non-application of certain regulations
(3) A contract entered into under this section is not subject to any regulation with respect to contracts made by the Treasury Board under the Financial Administration Act.
Marginal note:Compulsory participation
(4) Participation in basic life insurance under paragraph (1)(a) is compulsory for all judges.
(5) A judge who holds office on the day on which this section comes into force may, despite subsection (4), elect, at any time within ninety days after that day,
(a) to participate in basic life insurance under paragraph (1)(a) but have his or her coverage under it limited to 100 per cent of salary at the time of his or her death; or
(b) not to participate in basic life insurance.
(6) Subject to subsection (7), on the coming into force of this section, judges shall no longer be eligible for coverage under any other life insurance program established by the Treasury Board.
Marginal note:Supplementary life insurance
(7) Those judges covered by supplementary life insurance on the coming into force of this section may have their coverage continued under the insurance program for judges, unless they have made an election under paragraph (5)(b).
- 2001, c. 7, s. 20.
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