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Judges Act (R.S.C., 1985, c. J-1)

Full Document:  

Act current to 2019-06-06 and last amended on 2019-04-12. Previous Versions

PART IJudges (continued)

Annuities for Survivors

Marginal note:Annuity for surviving spouse

  •  (1) Subject to this section, if a judge of a superior court while holding office died or dies after July 10, 1955, the survivor of the judge shall be paid, commencing on July 18, 1983 or immediately after the death of the judge, whichever is later, and continuing during the life of the survivor, 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 one of subsections 43(1), (1.1), (2), (2.1) or (2.2) 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.

  • Marginal note:Judge receiving annuity

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

    • (a) an annuity equal to one half of the pension or annuity granted or paid 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 or paid 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.

  • Marginal note:Prothonotaries

    (3) No annuity shall be paid under this section to the survivor of a prothonotary of the Federal Court if the prothonotary ceased to hold the office of prothonotary before the day on which this subsection comes into force.

  • Marginal note:Limitation on annuity for survivor

    (4) No annuity shall be paid 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]

  • R.S., 1985, c. J-1, s. 44
  • R.S., 1985, c. 39 (3rd Supp.), s. 2
  • 1992, c. 51, s. 20
  • 1996, c. 30, s. 3
  • 2000, c. 12, ss. 162, 169
  • 2001, c. 7, s. 22
  • 2002, c. 8, s. 97
  • 2006, c. 11, s. 13
  • 2014, c. 39, s. 324
  • 2017, c. 20, s. 222
  • 2017, c. 33, s. 242

Marginal note:Election for enhanced annuity for survivor

  •  (1) Subject to the regulations, a judge may elect to have the annuity to be paid 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 “60%” or “75%”.

  • Marginal note:Reduction of annuity

    (2) If a judge makes the election, the amount of the annuity granted or paid 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 paid to the survivor must not be less than the combined actuarial present value of the annuity granted or paid to the judge and the annuity that would be paid 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.

  • 2001, c. 7, s. 23
  • 2017, c. 33, s. 243

Marginal note:Annuity to be prorated between the two survivors

  •  (1) Notwithstanding section 44, if there are two persons who are entitled to an annuity under that section, each survivor shall receive a share of the annuity prorated in accordance with subsection (2) for his or her life.

  • Marginal note:Determination of prorated share

    (2) The prorated share of each survivor is equal to the product obtained by multiplying the annuity by a fraction of which the numerator is the number of years that the survivor cohabited with the judge, whether before or after his or her appointment as a judge, and the denominator is the total obtained by adding the number of years that each of the survivors so cohabited with the judge.

  • Marginal note:Years

    (3) In determining a number of years for the purpose of subsection (2), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.

  • Marginal note:Waiver

    (4) A survivor is not entitled to receive an annuity under section 44 or this section if the survivor has waived his or her entitlement to the annuity under an agreement entered into in accordance with applicable provincial law.

  • 2000, c. 12, s. 163

Marginal note:Election for former judges

  •  (1) Subject to the regulations, a judge to whom an annuity has been granted or paid may elect to reduce his or her annuity so that an annuity may be paid to a person who, at the time of the election, is the spouse or common-law partner of the judge but to whom an annuity under section 44 must not be paid.

  • Marginal note:Reduction of annuity

    (2) If a judge makes the election, the amount of the annuity granted or paid to the judge shall be reduced in accordance with the regulations, but the combined actuarial present value of the reduced annuity and the annuity that would be paid to the spouse or common-law partner under subsection (3) must not be less than the actuarial present value of the annuity granted or paid to the judge immediately before the reduction is made.

  • Marginal note:Payment to person in respect of whom election is made

    (3) When the judge dies, the spouse or common-law partner in respect of whom an election was made shall be paid an annuity in an amount determined in accordance with the election, subsection (2) and the regulations.

  • Marginal note:Death within one year after election

    (3.1) Despite anything in this section, when a judge dies within one year after making the election, the election is deemed not to have been made 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

    (4) 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 an election is made;

    • (c) the amount of the annuity to be paid under subsection (3);

    • (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.

  • 2000, c. 12, s. 163
  • 2001, c. 7, s. 24
  • 2017, c. 33, s. 244
 
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