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Marginal note:When adjustment made

• 25 (1) The adjustment referred to in subsection 52.14(8) of the Act is to be made as soon as practicable after a share of the annuity benefits has been accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act if the judge has ceased to hold office or, if the judge has not ceased to hold office, as soon as practicable after he or she ceases to hold office.

• (2) The adjustment takes effect on the earlier of

  • (a) as the case may be

    [...]

• Marginal note:When adjustment made — infirmity

  (3) If, however, the period subject to division ended as a result of the judge ceasing to hold office by reason of the infirmity referred to in paragraph 42(1)(c) of the Act or if, after the last day of that period and before valuation day, the judge ceased to hold office by reason of that infirmity, the adjustment is to be made as soon as is practicable after the day that would have been his or her expected date of retirement, determined in accordance with paragraph 21(d), had the infirmity not occurred.

Marginal note:When adjustment made

• 25 (1) The adjustment referred to in subsection 52.14(8) of the Act is to be made as soon as practicable after a share of the annuity benefits has been accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act if the judge has ceased to hold office or, if the judge has not ceased to hold office, as soon as practicable after he or she ceases to hold office.

• (2) The adjustment takes effect on the earlier of

  • (a) as the case may be

    [...]

• Marginal note:When adjustment made — infirmity

  (3) If, however, the period subject to division ended as a result of the judge ceasing to hold office by reason of the infirmity referred to in paragraph 42(1.1)(b) of the Act or if, after the last day of that period and before valuation day, the judge ceased to hold office by reason of that infirmity, the adjustment is to be made as soon as practicable after the day that would have been his or her expected date of retirement, determined in accordance with paragraph 21(d), had the infirmity not occurred.

[...]

Marginal note:Infirmity — payment of share of contributions

• 28 (1) If the judge ceased to hold office by reason of the infirmity referred to in paragraph 42(1)(c) of the Act and if the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act consists of a share of the contributions paid by the judge, there must be deducted from the amount of the annuity paid to the judge when the adjustment takes effect

  • (a) if the share of the annuity benefits is expressed as a percentage in the court order or agreement, the amount determined by the formula

    A × E/F

    where

    A 

    is the amount determined by the formula

    B × C × D

    where

    D 

    is the quotient referred to in paragraph 52.14(2)(b) of the Act, calculated again as of valuation day,

    E 

    is the amount that the spouse, former spouse or former common-law partner was entitled to receive as payment of his or her share of the contributions, and

  • (b) if the share of the annuity benefits is expressed as a lump sum in the court order or agreement, the amount determined by the formula

    [...]

• (2) If the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act consists of a share of the annuity that is attributed to the period subject to division, there must be deducted from the amount of the annuity paid to the judge when the adjustment takes effect

  • (a) if the share of the annuity benefits is expressed as a percentage in the court order or agreement, the amount determined by the formula

    A × B × C

    where

    C 

    is the quotient referred to in paragraph 52.14(2)(b) of the Act, calculated again as of valuation day; and

  • (b) if the share of the annuity benefits is expressed as a lump sum in the court order or agreement, the amount determined by the formula

    [...]

Marginal note:Infirmity — share of contributions

• 28 (1) If the judge ceased to hold office by reason of the infirmity referred to in paragraph 42(1.1)(b) of the Act and if the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act consists of a share of the contributions paid by the judge, there must be deducted from the amount of the annuity paid to the judge when the adjustment takes effect

  • (a) if the share of the annuity benefits is expressed as a percentage in the court order or agreement, the amount determined by the formula

    A × E/F

    where

    A 

    is the amount determined by the formula

    B × C × D

    where

    D 

    is the quotient referred to in paragraph 52.14(2)(b) of the Act, calculated again as of valuation day,

    E 

    is the amount that the spouse, former spouse or former common-law partner was entitled to receive as payment of his or her share of the contributions, and

  • (b) if the share of the annuity benefits is expressed as a lump sum in the court order or agreement, the amount determined by the formula

    [...]

• (2) If the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act consists of a share of the annuity that is attributed to the period subject to division, there must be deducted from the amount of the annuity paid to the judge when the adjustment takes effect

  • (a) if the share of the annuity benefits is expressed as a percentage in the court order or agreement, the amount determined by the formula

    A × B × C

    where

    C 

    is the quotient referred to in paragraph 52.14(2)(b) of the Act, calculated again as of valuation day; and

  • (b) if the share of the annuity benefits is expressed as a lump sum in the court order or agreement, the amount determined by the formula

    [...]

[...]

Marginal note:Judge granted annuity — payment of share of contributions

• 27 (1) If, on the day on which the judge ceases to hold office, he or she is granted an annuity and if the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act consists of a share of the contributions paid by the judge during the period subject to division, there must be deducted from the amount of the annuity paid to the judge when the adjustment takes effect

  • (a) if the share of the annuity benefits is expressed as a percentage in the court order or agreement, the amount determined by the formula

    A × E/F

    where

    A 

    is the amount determined by the formula

    B × C × D

    where

    D 

    is the proportion referred to in paragraph 52.14(2)(a) of the Act, calculated again as of valuation day,

    E 

    is the amount that the spouse, former spouse or former common-law partner was entitled to receive as payment of his or her share of the contributions, and

  • (b) if the share of the annuity benefits is expressed as a lump sum in the court order or agreement, the amount determined by the formula

    [...]

• (2) If the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act consists of a share of the annuity that is attributed to the period subject to division, there must be deducted from the amount of the annuity paid to the judge when the adjustment takes effect

  • (a) if the share of the annuity benefits is expressed as a percentage in the court order or agreement, the amount determined under the description of A of the formula in paragraph (1)(a); and

  • (b) if the share of the annuity benefits is expressed as a lump sum in the court order or agreement, the amount determined by the formula

    [...]