Judges Act (R.S.C., 1985, c. J-1)

Act current to 2017-12-11 and last amended on 2017-09-29. Previous Versions

Marginal note:Division of annuity benefits
  •  (1) Subject to subsections (3) and (3.1), where the Minister approves the division of the annuity benefits of a judge, the spouse, former spouse or former common-law partner shall be accorded a share of the annuity benefits consisting of

    • (a) an amount representing 50% of a proportion, determined in accordance with subsection (2), of the value of the annuity that is attributed, in accordance with the regulations, to the period subject to division; or

    • (b) if the terms of the court order or agreement on which the application for division is based provide for the payment to the spouse, former spouse or former common-law partner of a share of annuity benefits that is less than the amount determined under paragraph (a), that lesser share.

  • Marginal note:Proportion of annuity value

    (2) The proportion of the value of an annuity referred to in paragraph (1)(a) is

    • (a) subject to paragraph (b), the period subject to division divided by the judge’s number of years of service until the judge’s actual date of retirement or, in the case of a judge who has not yet retired, until the judge’s expected date of retirement determined in accordance with the regulations; or

    • (b) in the case of a judge who had resigned or been removed from office by reason of an infirmity, the quotient obtained by dividing

      • (i) the period, measured to the nearest one tenth of a year, from the beginning of the period subject to division to the earlier of the end of the period of cohabitation and the judge’s expected date of retirement if the infirmity had not occurred, determined in accordance with the regulations,

      by

      • (ii) the judge’s number of years of service up to the judge’s expected date of retirement if the infirmity had not occurred, determined in accordance with the regulations.

  • Marginal note:Return of contributions

    (3) Subject to subsections (3.1) and (4), where the Minister approves the division of the annuity benefits of a judge who was not eligible to be granted an annuity at the end of the period subject to division, the spouse, former spouse or former common-law partner shall be accorded a share of the annuity benefits consisting of

    • (a) an amount equal to 50% of the contributions made by the judge under section 50 during the period subject to division plus 50% of any interest payable on those contributions; or

    • (b) if the terms of the court order or agreement on which the application for division is based provide for the payment to the spouse, former spouse or former common-law partner of a share of annuity benefits that is less than the amount determined under paragraph (a), that lesser share.

  • Marginal note:Return of contributions — infirm annuitant

    (3.1) Subject to subsection (4), where the Minister approves the division of the annuity benefits of a judge who had been granted an annuity by reason of an infirmity but was not otherwise eligible to be granted an annuity at the end of the period subject to division, the spouse, former spouse or former common-law partner shall be accorded a share of the annuity benefits consisting of

    • (a) an amount equal to 50% of the contributions that would have been made during the period described in subparagraph (2)(b)(i) if the judge had continued in office, on the basis of the salary annexed to the office held by the judge at the time the judge ceased to hold office, plus 50% of any interest payable on those contributions; or

    • (b) if the terms of the court order or agreement on which the application for division is based provide for the payment to the spouse, former spouse or former common-law partner of a share of annuity benefits that is less than the amount determined under paragraph (a), that lesser share.

  • Marginal note:Election by spouse

    (4) A judge’s spouse, former spouse or former common-law partner who is entitled to be accorded a share of the judge’s annuity benefits under subsection (3) or (3.1) may elect in the manner prescribed by the regulations, in lieu of receiving that share, to receive — at the time the judge becomes eligible to be granted an annuity, or at the time the judge would have become eligible to be granted an annuity had the judge not resigned or been removed from office by reason of an infirmity — a share of the annuity benefits for which the judge is or would have been eligible, determined as provided in subsection (1).

  • Marginal note:Death or resignation of judge

    (5) Where an election has been made under subsection (4) and, before becoming eligible to be granted an annuity, the judge dies, resigns, is removed from office or otherwise ceases to hold office, the spouse, former spouse or former common-law partner shall instead be paid immediately the portion of the judge’s contributions to which the spouse was otherwise entitled under subsection (3) or (3.1).

  • Marginal note:Determination of periods of division and cohabitation

    (6) For the purposes of this section and sections 52.15 and 52.16,

    • (a) a period subject to division is the portion of a period of cohabitation during which a judge held office under this Act, measured in years to the nearest one tenth of a year; and

    • (b) a period of cohabitation is the period during which interested parties cohabited, as specified by the court order or agreement on which an application for division is based or, if none is specified, as determined in accordance with the regulations on the basis of evidence submitted by either or both of the interested parties.

  • Marginal note:Death of spouse, former spouse or former common-law partner

    (7) A share of annuity benefits that cannot be accorded under subsection (1) by reason only of the death of the spouse, former spouse or former common-law partner shall be paid to that person’s estate or succession.

  • Marginal note:Adjustment of accrued benefits

    (8) Where the Minister approves the division of a judge’s annuity benefits, the annuity benefits payable to the judge under this Act shall be adjusted in accordance with the regulations.

  • Marginal note:Notice of division

    (9) The Minister shall send a notice of the division of annuity benefits in the prescribed manner to each interested party.

  • 2006, c. 11, s. 15;
  • 2015, c. 3, s. 128(F);
  • 2017, c. 20, s. 225.
Marginal note:Transfer and payment of share
  •  (1) The spouse’s, former spouse’s or former common-law partner’s share of a judge’s annuity benefits shall be accorded by

    • (a) the transfer of the specified portion of that share to a retirement savings plan established for the spouse, former spouse or former common-law partner that is of the prescribed kind for the purposes of section 26 of the Pension Benefits Standards Act, 1985; and

    • (b) the payment of the remainder of that share, if any, to the spouse, former spouse or former common-law partner.

  • Marginal note:Calculation of specified portion

    (2) For the purpose of paragraph (1)(a), the specified portion of a spouse’s, former spouse’s or former common-law partner’s share of a judge’s annuity benefits is

    • (a) if that share consists of a portion of the judge’s contributions, that portion; or

    • (b) in any other case, the amount determined by the formula

      (A × B × C) / D

      where

      A
      is the share of the annuity benefits,
      B
      is the period subject to division,
      C
      is the defined benefit limit, within the meaning of regulations made under the Income Tax Act, for the calendar year in which the share is accorded, and
      D
      is the portion of the annuity that is attributed, in accordance with the regulations, to the period subject to division.
  • Marginal note:Tax treatment

    (3) For the purposes of the Income Tax Act, an amount transferred to a retirement savings plan in accordance with paragraph (1)(a) is deemed to be an amount transferred from a registered pension plan in accordance with subsection 147.3(5) of that Act.

  • 2006, c. 11, s. 15.
Marginal note:Further divisions precluded

 Where a division of annuity benefits is made in respect of a period subject to division under section 52.14, no further divisions may be made under that section in respect of that period.

  • 2006, c. 11, s. 15.
Marginal note:Amounts transferred in error

 Where the amount transferred or paid in respect of a spouse, former spouse or former common-law partner, or paid to the estate or succession of a deceased spouse, former spouse or former common-law partner, under section 52.14 or 52.15 exceeds the amount that the spouse, former spouse or former common-law partner was entitled to have transferred or paid or the estate or succession was entitled to be paid, the amount in excess constitutes a debt due to Her Majesty in right of Canada by that spouse, former spouse or former common-law partner or that estate or succession.

  • 2006, c. 11, s. 15.
Marginal note:Amounts paid before adjustment

 Where an adjustment is made under subsection 52.14(8) and an amount is or has been paid to a judge that exceeds the amount to which the judge is or would have been entitled under this Act after the effective date of that adjustment, the amount in excess constitutes a debt due to Her Majesty in right of Canada by the judge and may be recovered at any time by set-off against any annuity benefit that is payable to the judge under this Act, without prejudice to any other recourse available to Her Majesty in right of Canada with respect to its recovery.

  • 2006, c. 11, s. 15.
 
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