T-16, r. 6 - Supplementary benefits plan for judges covered by the pension plan provided for in Part V.1 of the Courts of Justice Act

Updated to 30 June 2019

This document has official status.

chapter T-16, r. 6

Supplementary benefits plan for judges covered by the pension plan provided for in Part V.1 of the Courts of Justice Act

Courts of Justice Act

(chapter T-16, ss. 122 and 122.1).

In this Regulation, "judge" and "judges" also mean presiding justices of the peace, unless the context indicates otherwise. (S.Q. 2017, c. 30, s. 35)

DIVISION I SCOPE

1. A plan providing for supplementary benefits payable from the date on which benefits become payable under the pension plan is hereby established for judges covered by the pension plan provided for in Part V.1 of the Courts of Justice Act (chapter T-16).

O.C. 695-2001, s. 1.

DIVISION II COMPUTATION AND PAYMENT OF SUPPLEMENTARY BENEFITS

2. The annual supplementary benefits payable to a judge are equal to the amount obtained:

(1)  by multiplying the average salary by 3% per year of service used to compute the pension payable under the pension plan; and

(2)  by subtracting the pension amount from the amount obtained under subparagraph 1.

If the judge’s pension is reduced pursuant to the second paragraph of section 224.10 or section 224.16 of the Act, the amount obtained under subparagraph 1 of the first paragraph is reduced in the same way as the pension.

The first paragraph does not apply to the years of service credited pursuant to section 224.30 of the Act.

O.C. 695-2001, s. 2; O.C. 865-2010, s. 1; S.Q. 2017, c. 30, s. 26.

3. Special supplementary benefits shall be paid to a judge where the pension granted under the pension plan starts being paid after 30 December of the year in which he reached age 69. The benefits shall be equal to the amount obtained by multiplying the average salary by 3% per year of service comprised between 30 December of that year and either of the following dates, whichever comes first:

(1)  the date on which his pension becomes payable under the second paragraph of section 224.11 of the Act;

(2)  the date he reaches age 71.

If the pension is reduced pursuant to section 224.16 of the Act, the supplementary benefits are reduced in the same way as the pension.

The first paragraph does not apply to the years of service credited pursuant to section 224.30 of the Act.

O.C. 695-2001, s. 3; O.C. 865-2010, s. 2; S.Q. 2017, c. 30, s. 26.

4. Where the pension granted under the pension plan becomes payable in accordance with paragraph 3 of section 224.3 of the Act, if the sum of that pension and the supplementary benefits granted under this Plan is, before any reduction in the pension and benefits under section 224.16 of the Act, less than 55% of the average salary, the amount of supplementary benefits is increased so as to reach that percentage.

The amount of that increase is attributed to the judge’s last year of service considered for the purposes of this Plan. If the pension is reduced pursuant to section 224.16 of the Act, the new amount of supplementary benefits is reduced in the same way as the pension.

O.C. 695-2001, s. 4; O.C. 865-2010, s. 3; S.Q. 2017, c. 30, s. 27.

5. The sum of the supplementary benefits granted under this Plan and the pension granted under the pension plan may not be greater than 65% of the judge’s average salary before any reduction in those benefits and pension under section 224.16 of the Act.

O.C. 695-2001, s. 5; O.C. 865-2010, s. 4.

6. For the purposes of this Division, the average salary shall be determined in accordance with section 224.9 of the Act.

Notwithstanding the foregoing, in the case of a judge referred to in section 3, the annual salary for each year of service included in the period determined by that section shall also be taken into consideration.

O.C. 695-2001, s. 6; O.C. 865-2010, s. 5.

7. (Revoked).

O.C. 695-2001, s. 7; O.C. 865-2010, s. 6.

8. A judge’s supplementary benefits are for life and they become payable on the same date as his pension becomes payable under the pension plan.

O.C. 695-2001, s. 8.

9. When a retired judge dies, his benefits shall continue to be paid to his spouse or, failing that, to his heirs until the first day of the month following his death.

O.C. 695-2001, s. 9.

DIVISION III CONTRIBUTIONS

10. The judge must pay to this Plan a contribution equal to 9% of the judge’s annual salary, less the contribution paid to the pension plan. From the date on which the judge has accumulated 21.7 years of service in the pension plan, the judge must pay to this Plan a contribution equal to 1% of the judge’s annual salary, less the contribution paid to the pension plan.

The first paragraph also applies, with the necessary modifications, to a judge who continues to exercises his or her functions after 30 December of the year in which age 69 is reached if payment of the judge’s pension has not begun.

For the purposes of this section, the annual salary of a judge shall be determined in accordance with section 224.2 of the Act.

The provisions of the Act regarding the refund of contributions to a judge, his spouse or heirs apply to contributions paid under this section.

O.C. 695-2001, s. 10; O.C. 865-2010, s. 7; S.Q. 2015, c. 11, s. 2; S.Q. 2017, c. 30, s. 28.

DIVISION IV JUDGE HOLDING AN OFFICE AFTER RETIREMENT

11. A retired judge who is authorized by the Government, under section 93 of the Act, to exercise judicial functions shall continue to receive his supplementary benefits. He may not however become entitled to any additional benefits.

A retired judge receiving a salary for holding any other office with the Gouvernement du Québec or, in the case of a municipal court judge, any other office within the municipality shall continue to receive his supplementary benefits and his salary shall be reduced in accordance with the second sentence of the second paragraph of section 224.25 of the Act.

O.C. 695-2001, s. 11; O.C. 865-2010, s. 8.

DIVISION V COMPUTATION AND PAYMENT OF SUPPLEMENTARY BENEFITS TO SPOUSE AND CHILDREN

12. A judge’s spouse and children are entitled, where a pension is payable to them in that capacity under the pension plan provided for in Part V.1 of the Act, to supplementary benefits computed in relation to those that the judge received or would have received and in the same proportion as that applied to establish the pension payable to them under Chapter V of that Part, excluding a reduction resulting from the application of section 224.15 of the Act.

Any supplementary benefits thus granted shall be paid until the day the recipient is no longer entitled to his pension under the pension plan.

O.C. 695-2001, s. 12; O.C. 865-2010, s. 9.

DIVISION VI MISCELLANEOUS

13. Supplementary benefits shall be indexed each year in the manner provided for in section 224.23 of the Act.

O.C. 695-2001, s. 13.

13.1. Where Retraite Québec and Ville de Montréal, Ville de Laval or Ville de Québec enter into a transfer agreement under section 246.24 of the Act, that agreement must also apply to the judge’s supplementary benefits plan.

O.C. 865-2010, s. 10.

14. Supplementary benefits shall be paid at the intervals and on the conditions determined by a regulation made under section 148 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

O.C. 695-2001, s. 14.

15. The rules for the partition and assignment of benefits between spouses provided for in Part VI.2 of the Act and those established by the Government under the provisions of that Part which are applicable to benefits accumulated by the judge under his pension plan apply, with the necessary modifications, to the benefits accumulated by the judge under this Plan.

O.C. 695-2001, s. 15.

16. (Revoked).

O.C. 695-2001, s. 16; O.C. 865-2010, s. 11.

17. Municipalities shall pay their contribution to Retraite Québec on the 15th day of each month, in respect of municipal court judges covered by the pension plan provided for in Part V.1 of the Act.

Any amount of a payment that a municipality fails to make to Retraite Québec on the 15th day of the month bears interest, compounded annually, at the rate provided for in Schedule VI to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) from that date. Despite the foregoing, if, for a period or part of a period indicated in that Schedule, the rate provided for therein is less than the rate provided for in Schedule VII to that Act, the rate in Schedule VII applies for that period or part of a period.

O.C. 695-2001, s. 17; O.C. 865-2010, s. 12.

18. Within 30 days of the date of the statement of account sent by Retraite Québec, the municipalities shall pay their contributions and the interest payable on such contributions.

Any amount not paid within 30 days bears interest, compounded annually, from the date of the statement of account, at the rate provided for in Schedule VII to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) and applicable on that date.

O.C. 695-2001, s. 18; O.C. 865-2010, s. 13.

19. (Omitted).

O.C. 695-2001, s. 19.

REFERENCES

O.C. 695-2001, 2001 G.O. 2, 2804

O.C. 865-2010, 2010 G.O. 2, 2899

S.Q. 2015, c. 11, s. 2

S.Q. 2015, c. 20, s. 61

S.Q. 2017, c. 30, ss. 26, 27 and 28