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

Adjustment of Judge’s Annuity Benefits

Marginal note:When adjustment made

• 25 (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

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.

Marginal note:Judge receives annuity — share of contributions

• 27 (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.

Marginal note:Infirmity — share of contributions

• 28 (1) If the judge ceased to hold office by reason of the infirmity referred to in paragraph 42(1.1)(b) of the Act 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, 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 quotient referred to in paragraph 52.14(2)(b) 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 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

  • (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:Infirmity — 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 by the formula

    A × B × C

    where

    A

    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,

    B

    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

    C

    is the quotient referred to in paragraph 52.14(2)(b) of the Act, calculated again as of valuation day; 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 B 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.