Enhanced Survivor Annuity Regulations (SOR/2001-282)

Regulations are current to 2017-12-11 and last amended on 2006-11-09. Previous Versions

Enhanced Survivor Annuity Regulations

SOR/2001-282

JUDGES ACT

Registration 2001-08-01

Enhanced Survivor Annuity Regulations

P.C. 2001-1361  2001-08-01

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 44.01(5)Footnote aa of the Judges Act, hereby makes the annexed Enhanced Survivor Annuity Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Judges Act. (Loi)

Annuity Administrator

Annuity Administrator means

  • (a) in the context of an election by a judge of the Supreme Court of Canada, the Registrar of the Supreme Court of Canada appointed under section 12 of the Supreme Court Act; and

  • (b) in the context of an election by a judge of any other superior court or the Tax Court of Canada, the Commissioner for Federal Judicial Affairs appointed under section 73 of the Act. (administrateur des pensions viagères)

election

election means an election under section 44.01 of the Act. (choix)

enhanced survivor annuity

enhanced survivor annuity means the annuity described in subparagraph 9(b)(iv). (pension viagère augmentée du survivant)

Election

  •  (1) To make an election a judge shall send, to the Annuity Administrator by registered mail, a notice that is dated and signed by the judge and by a witness other than the judge’s spouse or common-law partner, in which the judge indicates

    • (a) whether the judge elects to have his or her survivor’s annuity increased to 60 per cent or 75 per cent of the judge’s annuity;

    • (b) the date of birth of the judge’s spouse or common-law partner; and

    • (c) the date of the marriage of the judge and the judge’s spouse or the date on which the judge began cohabiting in a conjugal relationship with the judge’s common-law partner.

  • (2) The notice shall be sent within the following period:

    • (a) in the case of a judge who is in receipt of an annuity on the day on which these Regulations come into force, within 180 days after that day; and

    • (b) in any other case, within 180 days after the day on which the judge ceases to hold office.

  • (3) If the Annuity Administrator becomes aware that erroneous or misleading information was sent to a judge regarding the period within which the judge could make an election, the amount of the monthly instalments of the judge’s annuity described in subparagraph 9(b)(i), or the amount of the monthly instalments of the enhanced survivor annuity, the Annuity Administrator shall notify the judge of the corrected information by registered mail.

  • (4) If, on the basis of such erroneous or misleading information, the judge had decided not to make an election, the judge may make an election in accordance with subsection (1) within 90 days after the day on which he or she receives the Annuity Administrator’s notice.

Documents Required

  •  (1) The judge shall, within 90 days after the day on which an election is made, send to the Annuity Administrator, by registered mail,

    • (a) the appropriate document referred to in section 4 that is evidence of the date of birth of the judge’s spouse or common-law partner;

    • (b) as the case may be, the appropriate document

      • (i) referred to in section 5 that is evidence of the marriage of the judge and the judge’s spouse, or

      • (ii) referred to in section 6 that is evidence of the commencement of cohabitation in a conjugal relationship of the judge with the judge’s common-law partner; and

    • (c) if the name of the judge’s spouse or common-law partner on a document referred to in paragraph (a) is not the same as the name of the judge’s spouse or common-law partner on a document referred to in paragraph (b), any other document that confirms that the evidence relates to that spouse or common-law partner, or a statutory declaration by which the judge’s spouse or common-law partner declares that the documents are in respect of that spouse or common-law partner.

  • (2) An election is deemed not to have been made if any document or statutory declaration required under subsection (1) is not submitted within the period referred to in that subsection. The amount representing the reduction that was made in the judge’s annuity shall be repaid to the judge, together with interest as set out in subsection 44.01(4) of the Act.

  •  (1) Proof of age of the judge’s spouse or common-law partner is established by a birth certificate issued by a civil authority.

  • (2) If a birth certificate cannot be obtained, proof of age of the judge’s spouse or common-law partner is established by

    • (a) a statutory declaration by the spouse or common-law partner attesting to his or her date of birth and explaining why the birth certificate cannot be obtained; and

    • (b) a document

      • (i) that was made within five years after the date of birth of the spouse or common-law partner that indicates his or her name and date of birth or age, or

      • (ii) that was made at least 20 years before the day on which the election was made that indicates the date of birth of the spouse or common-law partner, accompanied by a statutory declaration in which a person, other than the judge or the judge’s spouse or common-law partner, attests that the date stated in the document is correct.

  • (3) If a document or statutory declaration required under paragraph (2)(b) cannot be obtained, the statutory declaration required under paragraph (2)(a) shall set out the reasons why it cannot be obtained, and that statutory declaration constitutes proof of age for the judge’s spouse or common-law partner.

  • SOR/2006-285, s. 1.
  •  (1) Proof of the marriage between the judge and the judge’s spouse is established by a marriage certificate issued by a civil authority.

  • (2) If a marriage certificate cannot be obtained, proof of the marriage is established by

    • (a) a statutory declaration by the judge or the judge’s spouse attesting to the date of the marriage and explaining why the marriage certificate cannot be obtained; and

    • (b) a document comparable to a marriage certificate that was issued in relation to the marriage ceremony, or a statutory declaration by a person who attended the marriage ceremony, other than the judge or the judge’s spouse, attesting to the person’s knowledge of the marriage.

 Proof of the commencement of cohabitation in a conjugal relationship of the judge with the judge’s common-law partner is established by a statutory declaration in which the judge and the common-law partner attest to the date of the commencement of that cohabitation.

Reduction of Judge’s Annuity

 If a judge makes an election, the reduction to the judge’s annuity for the purposes of subsection 44.01(2) of the Act is equal to the monthly instalments of the annuity that was granted to the judge under Part I of the Act immediately before the election, less the monthly instalments of the judge’s annuity described in subparagraph 9(b)(i).

 If a judge who was granted a deferred annuity has elected an enhanced survivor annuity and then opts to receive an immediate annuity, the reduction determined under section 7 shall be revised to take into account the new period during which the monthly instalments are to be reduced.

Calculation of Enhanced Survivor Annuity

 If a judge makes an election, the amount of the monthly instalments of the enhanced survivor annuity is determined by converting the benefits described in paragraph (a) into the benefits described in paragraph (b), namely,

  • (a) the annuity that was granted to the judge and to which the survivor was entitled under Part I of the Act immediately before the election, the death benefit payable under subsection 51(3) of the Act and the benefits payable under the Supplementary Retirement Benefits Act,

into

  • (b) the annuities described in subparagraphs (i) to (iv), the death benefit described in subparagraph (v), the death benefit payable under subsection 51(3) of the Act and the benefits payable under the Supplementary Retirement Benefits Act, namely,

    • (i) an annuity payable to the judge in monthly instalments for the duration of the marriage or cohabitation in a conjugal relationship, beginning on the later of the day on which the election takes effect or the day on which the annuity described in paragraph (a) becomes payable,

    • (ii) an annuity payable to the judge with monthly instalments equal to the monthly instalments that comprise the annuity that was granted to the judge under Part I of the Act immediately before the election, beginning on the day on which the marriage or cohabitation in a conjugal relationship ceases,

    • (iii) an annuity payable to the survivor of the judge in monthly instalments, equal to the monthly instalments that comprise the annuity described in subsection 43.1(5) or section 44 of the Act, as the case may be, beginning on the day on which the judge dies, if the judge dies within the first year following the date on which the election takes effect,

    • (iv) an annuity payable to the survivor of the judge in monthly instalments during the life of the survivor equal to 60 per cent or 75 per cent, as elected by the judge, of the monthly instalments described in subparagraph (i), beginning on the day on which the judge dies, if the judge dies after the end of the first year following the day on which the election takes effect, and

    • (v) if the judge dies within the first year following the day on which the election takes effect, the monthly amounts corresponding to the reduction described in section 7, together with interest as set out in subsection 44.01(4) of the Act.

 
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