Budget Implementation Act, 2017, No. 2 (S.C. 2017, c. 33)

• 240 (1) Subsection 43.1(1) of the Act is replaced by the following:

  Marginal note:55 years of age and 10 years in office

  • 43.1 (1) A judge who has attained the age of 55 years, has continued in judicial office for at least 10 years and elects early retirement shall be paid an immediate annuity or a deferred annuity, at the option of the judge, calculated in accordance with this section.

• (2) Paragraph 43.1(2)(b) of the Act is replaced by the following:

  • Marginal note: 

    (b) the denominator is the number of years, to the nearest one tenth of a year, during which the judge would have been required to continue in judicial office in order to be eligible to be paid an annuity under paragraph 42(1)(a) or (b).

• (3) Subsections 43.1(4) and (5) of the Act are replaced by the following:

  • Marginal note:Second exercise of option

    (4) A judge whose option was to receive a deferred annuity may, between the date of that option and the date on which the deferred annuity would be payable, opt for an immediate annuity. An immediate annuity shall be paid to the judge from the date of the second option.

  • Marginal note:Survivor’s annuity

    (5) On the death of a judge who has been paid an immediate annuity or a deferred annuity under subsection (1) or (4), the annuity paid to a survivor under subsection 44(2) shall be determined as if the judge were in receipt of a deferred annuity.

241 The heading before section 44 of the English version of the Act is replaced by the following:

• 242 (1) The portion of subsection 44(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Annuity for surviving spouse

  • 44 (1) Subject to this section, if a judge of a superior court while holding office died or dies after July 10, 1955, the survivor of the judge shall be paid, commencing on July 18, 1983 or immediately after the death of the judge, whichever is later, and continuing during the life of the survivor, an annuity equal to one third of

• (2) The portion of subsection 44(1) of the English version of the Act after paragraph (b) is repealed.

• (3) The portion of subsection 44(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Judge receiving annuity

    (2) Subject to this section, if a judge who, before, on or after July 11, 1955, was granted or paid a pension or annuity under this Act or any other Act of Parliament providing for pensions or annuities to be granted or paid to judges, died or dies after July 10, 1955, the survivor of the judge shall be paid

• (4) Paragraph 44(2)(a) of the English version of the Act is replaced by the following:

  • (a) an annuity equal to one half of the pension or annuity granted or paid to the judge, commencing on July 18, 1983 or immediately after the death of the judge, whichever is later, and continuing during the life of the survivor; or

• (5) Paragraph 44(2)(b) of the Act is replaced by the following:

  • (b) if a division of the judge’s annuity benefits has been made under section 52.14, an annuity equal to one half of the annuity that would have been granted or paid to the judge had the annuity benefits not been divided, commencing immediately after the death of the judge and continuing during the life of the survivor.

• (6) Subsections 44(3) and (4) of the English version of the Act are replaced by the following:

  • Marginal note:Prothonotaries

    (3) No annuity shall be paid under this section to the survivor of a prothonotary of the Federal Court if the prothonotary ceased to hold the office of prothonotary before the day on which this subsection comes into force.

  • Marginal note:Limitation on annuity for survivor

    (4) No annuity shall be paid under this section to the survivor of a judge if the survivor became the spouse or began to cohabit with the judge in a conjugal relationship after the judge ceased to hold office.

• 243 (1) Subsection 44.01(1) of the English version of the Act is replaced by the following:

  Marginal note:Election for enhanced annuity for survivor

  • 44.01 (1) Subject to the regulations, a judge may elect to have the annuity to be paid to his or her survivor increased so that it is calculated as if the reference to “one half” in subsection 44(2) were read as a reference to “60%” or “75%”.

• (2) Subsection 44.01(2) of the Act is replaced by the following:

  • 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 as of the date the election takes effect, but the combined actuarial present value of the reduced annuity and the annuity that would be paid to the survivor must not be less than the combined actuarial present value of the annuity granted or paid to the judge and the annuity that would be paid to the survivor, immediately before the reduction is made.

244 Subsections 44.2(1) to (3) of the Act are replaced by the following:

245 The heading before section 47 of the English version of the Act is replaced by the following:

• 246 (1) Subsection 47(3) of the Act is replaced by the following:

  • Marginal note:Annuity for surviving children

    (3) If a judge of a superior or county court dies while holding office, or a judge who was granted or paid an annuity after October 5, 1971 dies, an annuity shall be paid to each surviving child of that judge as provided in subsections (4) and (5).

• (2) The portion of subsection 47(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Annuity for children if survivor

    (4) Each child of a judge described in subsection (3) shall be paid

• 247 (1) Subsection 48(1) of the English version of the Act is replaced by the following:

  Marginal note:Apportionment of annuities among surviving children

  • 48 (1) If, in computing the annuities to be paid under subsection 47(3) to the children of a judge referred to in that subsection, it is determined that there are more than four children of the judge to whom an annuity shall be paid, the total amount of the annuities paid shall be apportioned among the children in the shares that the Minister of Justice of Canada considers just and proper under the circumstances.

• (2) Subsection 48(2) of the Act is replaced by the following:

  • Marginal note:Children’s annuities, to whom paid

    (2) If an annuity under this Act is paid to a child of a judge, payment shall, if the child is less than 18 years of age, be made to the person having the custody and control of the child or, if there is no person having the custody and control of the child, to any person that the Minister of Justice of Canada directs and, for the purposes of this subsection, the survivor of the judge, except if the child is living apart from the survivor, shall be presumed, in the absence of evidence to the contrary, to be the person having the custody and control of the child.