Division of Judges’ Annuity Benefits Regulations

Marginal note:Return of contributions — deductions

26 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.