Optional Survivor Annuity Regulations

9 If a judge makes an election, the amount of the monthly instalments of the optional 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 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 (iii), the death benefit described in subparagraph (iv), 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 30, 40 or 50 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

  • (iv) 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 44.2(3.1) of the Act.