Optional Survivor Annuity Regulations

12 (1) If the Annuity Administrator becomes aware that a judge who has made an election has been sent any erroneous or misleading information in respect of the amount of the monthly instalments of the 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.

(2) The judge may accept the revised amount or revoke the election by advising the Annuity Administrator to that effect by registered mail sent within 90 days after the day on which the Annuity Administrator’s notice is sent. If the judge does not advise the Annuity Administrator, he or she is deemed to have accepted the revised amount on the day following the ninetieth day after the sending of the Annuity Administrator’s notice.

(3) If a judge accepts or is deemed to have accepted the revised amount, the reduction takes effect beginning on the day on which the election takes effect.

(4) If a judge revokes the election, the reduction is discontinued beginning on the day on which the revocation is sent to the Annuity Administrator.

(5) If a judge revokes the election within 12 months of the day on which the election took 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, shall be repaid to the judge.