Division of Judges’ Annuity Benefits Regulations (SOR/2008-252)

Regulations are current to 2017-12-11 and last amended on 2008-10-01. Previous Versions

Marginal note:Interest

 The share of the annuity benefits to be accorded to the spouse, former spouse or former common-law partner bears interest from the 31st day after valuation day until the day before the day on which it is accorded 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:Rules to be followed

 The following rules apply to the valuation of the share of the annuity benefits to be accorded to the spouse, former spouse or former common-law partner:

  • (a) the actuarial valuation report is the actuarial report on the pension plan for federally appointed judges most recently laid before Parliament under section 9 of the Public Pensions Reporting Act before valuation day or, if that report was laid before Parliament in the month in which valuation day falls or in the preceding month, the preceding report that was laid before Parliament;

  • (b) prior divisions of annuity benefits are not taken into account;

  • (c) the date on which payment of the annuity is expected to begin and the dates on which the judge might cease to hold office are determined in accordance with the actuarial assumptions that were used in the preparation of the actuarial valuation report;

  • (d) the judge’s expected date of retirement is determined as of valuation day on the basis of the retirement rates that were used in the preparation of the actuarial valuation report, and this rule also applies for the purposes of subsection 52.14(2) of the Act; and

  • (e) the salary annexed to the office held by the judge on the last day of the period subject to division is the salary that is actually annexed to the office held by the judge on that day or, if applicable, the salary referred to in subsection 43(1) or (2) of the Act, and it includes any annual adjustment or revision that is to apply on or before that day under an Act that comes into force no later than valuation day.

Marginal note:Annuity attributed to period subject to division

 For the purposes of paragraph 52.14(1)(a) of the Act, the annuity that is attributed to the period subject to division is equal to

  • (a) if the judge holds office on valuation day, the total of

    • (i) the amount of the annuity that would be granted to him or her on retirement, if that annuity were determined on the basis of the dates on which he or she might cease to hold office and the salary annexed to the office held by him or her on the last day of the period subject to division, and

    • (ii) the amount of the supplementary retirement benefits that would be added to that annuity under the Supplementary Retirement Benefits Act from the day after the last day of the period subject to division until the date on which payment of the annuity is expected to begin, if that Act applied to the judge during that time;

  • (b) if the judge ceased to hold office after the last day of the period subject to division but before valuation day, the total of

    • (i) the amount of the annuity that would have been granted to him or her on the day on which he or she ceased to hold office, if that annuity had been determined on the basis of the salary annexed to the office held by him or her on the last day of the period subject to division, and

    • (ii) the amount of the supplementary retirement benefits that would have been added to that annuity under the Supplementary Retirement Benefits Act from the day after the last day of the period subject to division until valuation day, if that Act had applied to the judge during that entire time;

  • (c) if the period subject to division ended as a result of the judge ceasing to hold office for a reason other than the infirmity referred to in paragraph 42(1)(c) of the Act, the total of

    • (i) the amount of the annuity that was granted to him or her on the day on which he or she ceased to hold office, and

    • (ii) the amount of the supplementary retirement benefits that were added to that annuity under the Supplementary Retirement Benefits Act from the day after the last day of the period subject to division until valuation day;

  • (d) if the period subject to division ended as a result of the judge ceasing to hold office by reason of the infirmity referred to in paragraph 42(1)(c) of the Act, the total of

    • (i) the amount referred to in subparagraph (c)(i), and

    • (ii) the amount of the supplementary retirement benefits that were or would have been added to the annuity under the Supplementary Retirement Benefits Act from the day after the last day of the period subject to division until the later of valuation day and the day that would have been the judge’s expected date of retirement had the infirmity not occurred; or

  • (e) if the judge ceased to hold office after the last day of the period subject to division, but before valuation day by reason of the infirmity referred to in paragraph 42(1)(c) of the Act, the total of

    • (i) the amount referred to in subparagraph (b)(i), and

    • (ii) the amount of the supplementary retirement benefits referred to in subparagraph (d)(ii).

Marginal note:Value of annuity attributed to period subject to division

 For the purposes of paragraph 52.14(1)(a) of the Act, the value of the annuity attributed to the period subject to division is equal to the actuarial present value of the annuity on valuation day, determined in accordance with the following rules and taking into account the death benefit provided for in subsection 51(3) of the Act:

  • (a) in respect of the period during which the judge holds office, the rates of disability, retirement and mortality, including mortality projection factors, are those that were used in the preparation of the actuarial valuation report;

  • (b) in respect of the period beginning on the day after the day on which the judge ceases to hold office, the rates of mortality are those set out in an appendix to the actuarial valuation report;

  • (c) the interest rates are the interest rates for fully indexed pensions, determined in accordance with the section entitled “Pension Commuted Values” of the Standard of Practice — Practice-Specific Standards for Pension Plans, published by the Canadian Institute of Actuaries, as amended from time to time;

  • (d) any benefits that are or may become payable to the judge’s spouse, common-law partner or children on the judge’s death are excluded;

  • (e) if the judge died after the end of the period subject to division but before valuation day, he or she is deemed to have been alive on valuation day;

  • (f) if the judge ceased to hold office before valuation day, the determination must take into account only the annuity benefits payable to him or her beginning on that day and, if the judge still holds office on valuation day, only those payable to him or her beginning on the dates on which he or she might cease to hold office; and

  • (g) if the judge ceased to hold office by reason of the infirmity referred to in paragraph 42(1)(c) of the Act, the determination must take into account only the annuity benefits payable to him or her beginning on the later of valuation day and the day that would have been his or her expected date of retirement had the infirmity not occurred.

Marginal note:Value of annuity — transfer to retirement savings plan

 For the purpose of the description of D in subsection 52.15(2) of the Act, the portion of the annuity that is attributed to the period subject to division is the amount determined by the formula

A × B/C

where

A
is the amount of the annuity that would have been granted to the judge if he or she had ceased to hold office on the last day of the period subject to division and had been eligible to be granted an annuity on that day under sections 42 or 43.1 of the Act;
B
is the period subject to division; and
C
is the judge’s period of service as a judge, rounded to the nearest one tenth of a year, beginning on the effective date of his or her first appointment under the Act and ending
  • (a) on the day after the last day of the period subject to division, or

  • (b) if he or she ceased to hold office by reason of the infirmity referred to in paragraph 42(1)(c) of the Act, on the earlier of the day after the last day of the period during which the interested parties cohabited and the day that would have been his or her expected date of retirement had the infirmity not occurred.

Adjustment of Judge’s Annuity Benefits

Marginal note:When adjustment made
  •  (1) The adjustment referred to in subsection 52.14(8) of the Act is to be made as soon as practicable after a share of the annuity benefits has been accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act if the judge has ceased to hold office or, if the judge has not ceased to hold office, as soon as practicable after he or she ceases to hold office.

  • Marginal note:When adjustment takes effect

    (2) The adjustment takes effect on the earlier of

    • (a) as the case may be

      • (i) the day on which the amount referred to in subsection 51(1) of the Act is paid, or

      • (ii) the day on which the first monthly annuity instalment reflecting the adjusted amount of the annuity is paid; and

    • (b) the 60th day after the later of

      • (i) the later of valuation day and the day on which the judge ceases to hold office, and

      • (ii) if the judge is granted a deferred annuity, the day on which he or she reaches 60 years of age.

  • Marginal note:When adjustment made — infirmity

    (3) If, however, the period subject to division ended as a result of the judge ceasing to hold office by reason of the infirmity referred to in paragraph 42(1)(c) of the Act or if, after the last day of that period and before valuation day, the judge ceased to hold office by reason of that infirmity, the adjustment is to be made as soon as is practicable after the day that would have been his or her expected date of retirement, determined in accordance with paragraph 21(d), had the infirmity not occurred.

  • Marginal note:When adjustment takes effect — infirmity

    (4) The adjustment takes effect on the earlier of

    • (a) the day on which the first monthly annuity instalment reflecting the adjusted amount of the annuity is paid; and

    • (b) the 60th day after the later of valuation day and the day that would have been the judge’s expected date of retirement, determined in accordance with paragraph 21(d), had the infirmity not occurred.

 
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