T-16 - Courts of Justice Act

Section 224.23 Disposition versions

2009-05-28

224.23. Every pension is indexed annually, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), by the rate of increase of the Pension Index determined in accordance with that Act.

The first index adjustment of a pension, other than a deferred pension, is made

(1)  in the proportion that the number of days for which the pension was paid or would have been paid in the year in which the judge ceased to hold office bears to the total number of days in that year;

(2)  in the case of a judge who continues to hold office after 30 December of the year in which the judge reaches 69 years of age, in the proportion that the number of days for which the pension was paid or would have been paid in the year in which the pension began to be paid bears to the total number of days in that year;

(3)  in the case of a pension granted to the spouse or child of a judge who was eligible for a pension at the time of death, in the proportion that the number of days for which the pension was paid or would have been paid in the year of death bears to the total number of days in that year.

The first index adjustment of a deferred pension is made on 1 January following the date on which the judge reaches 65 years of age in the proportion that the number of days for which the pension was paid or would have been paid in the year of the judge’s sixty-fifth birthday bears to the total number of days in that year.

2001, c. 8, s. 9; 2008, c. 4, s. 1; 2009, c. 8, s. 8.

2008-05-06

224.23. Every pension is indexed annually, at the time prescribed under section 119 of the Act respecting the Québec Pension Plan (chapter R-9), by the rate of increase of the Pension Index determined in accordance with that Act.

Deferred pensions are indexed in accordance with the first paragraph. In this case, indexation applies only from 1 January following the date on which the judge reaches 65 years of age.

2001, c. 8, s. 9; 2008, c. 4, s. 1.

2001-05-30

224.23. Every pension is indexed annually, at the time prescribed pursuant to section 119 of the Act respecting the Québec Pension Plan (chapter R-9),

(1)  for that part attributable to service prior to 1 July 1990, by the rate of increase of the Pension Index determined by the said Act ;

(2)  for that part attributable to service subsequent to 30 June 1990, by the excess of the rate over 1 %.

Where the number of years of service exceeds 21.7, subparagraphs 1 and 2 of the first paragraph shall apply in the order that is the most advantageous to the judge.

Deferred pensions are indexed in accordance with the first paragraph. In this case, the indexing applies only from 1 January following the date on which the judge reaches 65 years of age.

2001, c. 8, s. 9.