Optional Survivor Annuity Regulations

2 (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 provide an optional survivor annuity of 30, 40 or 50 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 not later than the latest of, as the case may be,

• (a) one year after the day on which these Regulations come into force;

• (b) one year after the day on which the judge and the judge’s spouse are married; or

• (c) two years after the day on which the judge began cohabiting in a conjugal relationship with the judge’s common-law partner.

(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 optional 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.

(5) The election under subsection (2) or (4) takes effect on the day the notice is received by the Annuity Administrator.