Enhanced Survivor Annuity Regulations (SOR/2001-282)

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

Demographic Assumptions

  •  (1) Subject to subsection (2), for the purposes of section 9, the following are the demographic assumptions on which the actuarial present values are to be based:

    • (a) the rates of mortality for any judge are the averages of the rates of mortality for judges receiving benefits in relation to a disability and judges receiving benefits other than in relation to a disability of the same age group as the judge, as set out in the actuarial valuation report most recently laid before Parliament in accordance with section 9 of the Public Pensions Reporting Act, taking into account the mortality projection factors set out in that report, which averages are weighted in accordance with the benefits paid to judges in relation to a disability and to judges other than in relation to a disability;

    • (b) the rates of mortality for any survivor are those set out for spouses in the actuarial valuation report most recently laid before Parliament in accordance with section 9 of the Public Pensions Reporting Act, taking into account the mortality projection factors set out in that report; and

    • (c) the rates of divorce are those established by the Superintendent of Financial Institutions in accordance with the statistics on divorce published by Statistics Canada.

  • (2) If a judge is less than 65 years of age, the demographic assumptions described in subsection (1) apply, except that the weights used for determining the average mortality rates of the judges shall be the same weights used for a judge aged 65.

 For the purpose of section 9, except as provided under subparagraph 9(b)(v), the rates of interest are,

  • (a) for the first 15 years after the day on which the election takes effect, determined in accordance with the following formula, expressed as a percentage and rounded to the nearest one quarter per cent:

    {[1 + ((m + 0.25)/200)]2 - 1} × 100

    where

    m
    represents the month-end value of the real rate of interest on long-term Government of Canada real return bonds (Series B114018), as published in the Bank of Canada’s Weekly Financial Statistics, in the second calendar month preceding the month in which the election takes effect; and
  • (b) for subsequent years, 3.25%.

Revision or Revocation of an Election

  •  (1) If the Annuity Administrator becomes aware that a judge who has made an election has been sent any erroneous or misleading information in respect of the amount of the monthly instalments of the 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.

  • (2) The judge may accept the revised amount or revoke the election by advising the Annuity Administrator to that effect by registered mail sent within 90 days after the day on which the Annuity Administrator’s notice is sent. If the judge does not advise the Annuity Administrator, he or she is deemed to have accepted the revised amount on the day following the ninetieth day after the sending of the Annuity Administrator’s notice.

  • (3) If a judge accepts or is deemed to have accepted the revised amount, the reduction takes effect beginning on the day on which the election takes effect under the Act.

  • (4) If a judge revokes the election, the reduction is discontinued beginning on the day on which the revocation is sent to the Annuity Administrator.

  • (5) If a judge revokes the election within 12 months of the day on which the election took 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, shall be repaid to the judge.

  • SOR/2006-285, s. 2(F).

Election Ceases to Have Effect

  •  (1) An election ceases to have effect on the day on which the first of the following events occurs:

    • (a) in the case of an election in respect of a spouse

      • (i) the spouse dies,

      • (ii) the annulment of the marriage of the judge and the spouse takes effect, or

      • (iii) the divorce between the judge and the spouse takes effect; and

    • (b) in the case of an election in respect of a common-law partner

      • (i) the common-law partner dies,

      • (ii) a notice is sent by the judge to the Annuity Administrator indicating that the cohabitation in a conjugal relationship between the judge and common-law partner has ended, or

      • (iii) the judge marries or begins to cohabit in a conjugal relationship with a person other than the common-law partner.

  • (2) The reduction is discontinued beginning on the day on which the election ceases to have effect.

Coming into Force

Footnote * These Regulations come into force on the day on which section 23 of An Act to amend the Judges Act and to amend another Act in consequence, being chapter 7 of the Statutes of Canada, 2001, comes into force.

 
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