Judges Act

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 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,

  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.

• Marginal note:Prothonotaries

  (3) No annuity shall be granted 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 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• (5) and (6) [Repealed, R.S., 1985, c. 39 (3rd Supp.), s. 2]