Division of Judges’ Annuity Benefits Regulations

Marginal note:Annuity attributed to period subject to division

22 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).