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

Regulations are current to 2024-03-06 and last amended on 2019-04-15. Previous Versions

Provision of Information (continued)

Administrative Error or Erroneous Information (continued)

Marginal note:Withdrawal of application or cancellation of election

 Within 30 days after the day on which the revised notice of the division of annuity benefits is sent

  • (a) the applicant may withdraw the application by sending a notice to the annuity administrator; or

  • (b) a spouse, former spouse or former common-law partner may, by sending a notice to the annuity administrator, cancel the election that he or she made under subsection 52.14(4) of the Act before the revised notice was received or make an election under that subsection.

Valuation of the Share of Annuity Benefits to Be Accorded to Spouse, Former Spouse or Former Common-law Partner

Marginal note:Date share of annuity benefits is to be accorded

 As soon as the annuity administrator has received all of the necessary documents and information, he or she must set the earliest practicable date for according the share of the annuity benefits to the spouse, former spouse or former common-law partner.

Marginal note:Valuation day

  •  (1) For the purposes of sections 20 to 23, 25, 27 and 28, valuation day is the day on which the share of the annuity benefits to be accorded to the spouse, former spouse or former common-law partner is determined and it corresponds, in the following cases, to the earlier of the expected date for according the share and the 90th day after the approval of the division of annuity benefits by the Minister:

    • a) the judge’s spouse, former spouse or former common-law partner does not make the election under subsection 52.14(4) of the Act; or

    • b) the judge’s spouse, former spouse or former common-law partner makes that election and the time described in that subsection falls no later than the 90th day after the approval by the Minister.

  • Marginal note:Valuation day — election under subsection 52.14(4) of the Act

    (2) If the judge’s spouse, former spouse or former common-law partner makes the election under subsection 52.14(4) of the Act and the time described in that subsection falls after the 90th day after the approval of the division of annuity benefits by the Minister, valuation day corresponds to the earlier of the expected date for according the share and the 30th day after the time described in that subsection.

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 or paid 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 or paid 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(1.1)(b) of the Act, the total of

    • (i) the amount of the annuity that was granted or paid 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(1.1)(b) 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(1.1)(b) 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(1.1)(b) 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 or paid 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 or paid an annuity on that day under section 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(1.1)(b) 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 has opted to receive 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(1.1)(b) 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 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.

Marginal note:Return of contributions — deductions

 If, on the day on which the judge ceases to hold office, he or she is not granted or paid an annuity, there must be deducted from the amount to be paid to him or her under subsection 51(1) of the Act

  • (a) if the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act is expressed as a percentage in the court order or agreement, the amount of the share that he or she was entitled to be accorded, together with interest calculated in accordance with subsection 51(4) of the Act beginning on the day after the last day of the period subject to division and ending on the day on which the adjustment takes effect; or

  • (b) if the share is expressed as a lump sum in the court order or agreement, the lesser of

    • (i) an amount equal to 50% of the contributions paid during the period subject to division together with interest calculated in accordance with subsection 51(4) of the Act beginning on the first day of that period and ending on the day on which the adjustment takes effect, and

    • (ii) the lump sum.

Marginal note:Judge receives annuity — share of contributions

  •  (1) If, on the day on which the judge ceases to hold office, he or she is granted or paid an annuity and if the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act consists of a share of the contributions paid by the judge during the period subject to division, there must be deducted from the amount of the annuity paid to the judge when the adjustment takes effect

    • (a) if the share of the annuity benefits is expressed as a percentage in the court order or agreement, the amount determined by the formula

      A × E/F

      where

      A
      is the amount determined by the formula

      B × C × D

      where

      B
      is the lesser of
      • (i) the amount of the annuity that would have been granted or paid to the judge on the last day of the period subject to division if the judge had been eligible to be granted or paid an annuity on that day under section 42 or 43.1 of the Act, together with 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 that day until the day on which the adjustment takes effect if that Act had applied to the judge during that time, and

      • (ii) the amount of the annuity to which the judge is entitled, together with the amount of the supplementary retirement benefits that were added to that annuity under the Supplementary Retirement Benefits Act from the day after the day on which he or she ceased to hold office until the day on which the adjustment takes effect,

      C
      is 50% or, if a lesser share referred to in paragraph 52.14(1)(b) of the Act applies, the percentage by which the lesser share is expressed, and
      D
      is the proportion referred to in paragraph 52.14(2)(a) of the Act, calculated again as of valuation day,
      E
      is the amount that the spouse, former spouse or former common-law partner was entitled to receive as payment of his or her share of the contributions, and
      F
      is the amount that the spouse, former spouse or former common-law partner would have received had he or she made the election referred to in subsection 52.14(4) of the Act; and
    • (b) if the share of the annuity benefits is expressed as a lump sum in the court order or agreement, the amount determined by the formula

      A × B

      where

      A
      is the amount that would be determined under paragraph (a) if the description of C was 50%, and
      B
      is the quotient, not exceeding one, obtained by dividing the lump sum by the amount that the spouse, former spouse or former common-law partner would have received if the share of the annuity benefits that was accorded to him or her had consisted of a share of the annuity that was granted or paid to the judge and if the amount representing 50% set out in paragraph 52.14(1)(a) of the Act had applied.
  • Marginal note:Judge granted annuity — payment of share of annuity attributed to period subject to division

    (2) If the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act consists of a share of the annuity that is attributed to the period subject to division, there must be deducted from the amount of the annuity paid to the judge when the adjustment takes effect

    • (a) if the share of the annuity benefits is expressed as a percentage in the court order or agreement, the amount determined under the description of A of the formula in paragraph (1)(a); and

    • (b) if the share of the annuity benefits is expressed as a lump sum in the court order or agreement, the amount determined by the formula

      A × B

      where

      A
      is the amount that would be determined under the description of A of the formula in paragraph (1)(a) if the description of C was 50%, and
      B
      is the quotient, not exceeding one, obtained by dividing the lump sum by the amount that would have been accorded to the spouse, former spouse or former common-law partner if the amount representing 50% set out in paragraph 52.14(1)(a) of the Act had applied.
 

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