Judges Act (R.S.C., 1985, c. J-1)

Marginal note:Annuity to surviving spouse

• 44. (1) Subject to this section, if, after July 10, 1955, a judge of a superior court died or dies while holding office, the Governor in Council shall grant to the survivor of the judge an annuity equal to one third of

  • (a) the salary of the judge at the date of the death of the judge, or

  • (b) the salary annexed, at the date of death, to the office previously held by the judge of chief justice, senior associate chief justice or associate chief justice, if either subsection 43(1) or (2) would have applied to the judge if he or she had resigned, been removed or attained the age of retirement, on the day of death,

  commencing on July 18, 1983 or immediately after the death of the judge, whichever is later, and continuing thenceforth during the life of the survivor.

• Marginal note:Where judge receiving annuity

  (2) Subject to this section, where a judge who, before, on or after July 11, 1955, was granted a pension or annuity under this Act or any other Act of Parliament providing for the grant of pensions or annuities to judges died or dies after July 10, 1955, the Governor in Council shall grant to the survivor of the judge

  • (a) an annuity equal to one half of the pension or annuity granted to the judge, commencing on July 18, 1983 or immediately after the death of the judge, whichever is later, and continuing during the life of the survivor; or

  • (b) if a division of the judge’s annuity benefits has been made under section 52.14, an annuity equal to one half of the annuity that would have been granted to the judge had the annuity benefits not been divided, commencing immediately after the death of the judge and continuing during the life of the survivor.

• (3) [Repealed, 2001, c. 7, s. 22]

• Marginal note:Limitation on annuity to survivor

  (4) No annuity shall be granted under this section to the survivor of a judge if the survivor became the spouse or began to cohabit with the judge in a conjugal relationship after the judge ceased to hold office.

• (5) and (6) [Repealed, R.S., 1985, c. 39 (3rd Supp.), s. 2]

Marginal note:Election for enhanced annuity to survivor

• 44.01 (1) Subject to the regulations, a judge may elect to have the annuity to be granted to his or her survivor increased so that it is calculated as if the reference to "one-half" in subsection 44(2) were read as a reference to "sixty per cent" or "seventy-five per cent".

• Marginal note:Reduction of annuity

  (2) If a judge makes the election, the amount of the annuity granted to the judge shall be reduced in accordance with the regulations as of the date the election takes effect, but the combined actuarial present value of the reduced annuity and the annuity that would be granted to the survivor may not be less than the combined actuarial present value of the annuity granted to the judge and the annuity that would be granted to the survivor, immediately before the reduction is made.

• Marginal note:Election to take effect at time of retirement

  (3) Subject to subsection (6), an election under this section takes effect on the date that the judge ceases to hold office.

• Marginal note:Death within one year after election

  (4) Despite anything in this section, when a judge dies within one year after the election takes effect, the annuity payable to the survivor remains that payable under subsection 44(2) and the amount representing the reduction that was made in the amount of the judge’s annuity under subsection (2) shall be repaid to the judge’s estate or succession, together with interest at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations respecting

  • (a) the time, manner and circumstances in which an election is made, is deemed to have been made or is deemed not to have been made, is revoked or is deemed to have been revoked, or ceases to have effect, and the retroactive application of that making, revocation or cessation;

  • (b) the reduction to be made in the amount of a judge’s annuity when the election is made;

  • (c) the calculation of the amount of the annuity to be paid to the judge and the survivor under subsection (2);

  • (d) the time, manner and circumstances in which a reduction of a judge’s annuity may be returned and interest may be paid; and

  • (e) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section.

• Marginal note:Transitional

  (6) A judge who is in receipt of an annuity on the day on which this section comes into force may make his or her election in accordance with the regulations, and the election takes effect on the day this section comes into force.

• Marginal note:Limitation on annuity to survivor

  (7) Despite anything in this section, no election may be made under this section for the benefit of a spouse or common-law partner of a judge unless that person was the spouse or common-law partner at the date the judge ceased to hold office.