Judges Act

Marginal note:Election for former judges

• 44.2 (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an election is made, is deemed to have been made or is deemed not to have been made, is revoked or is deemed to have been revoked, or ceases to have effect, and the retroactive application of that making, revocation or cessation;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.