T-16, r. 7 - Supplementary benefits plan for judges covered by the pension plan established under Part VI of the Courts of Justice Act

Section 10 Disposition versions

2012-09-01

10. Where a pension is payable to a judge’s spouse and children under the pension plan provided for in Part VI of the Act, they are entitled to supplementary benefits calculated on the basis of the benefits that the judge received or would have received and in the same proportion as that applied in establishing the amount of the pension payable to them under Chapter III of that Part.

For the purpose of calculating the spouse’s supplementary benefits, the supplementary benefits that would have been received by a judge who elected the plan established under Part VI of the Act or, where applicable, the equivalent plan in force within a municipality pursuant to the legislative provisions granting the right to such an election, who was in office on 30 May 1978 and who dies while in office but before having at least 20 years of service to his credit or before reaching age 70 may not be less than the amount by which 56% of his average salary for his 5 best paid years of service exceeds the amount of the pension that he would have received. Notwithstanding the foregoing, where the judge, during the periods provided for in the first paragraph of section 3 and for at least 10 years, held the office of chief judge or associate chief judge or had such status, the supplementary benefits that he would have received, for the purpose of calculating his spouse’s supplementary benefits, may not be less than the amount by which 63% of that average salary exceeds the amount of the pension that he would have received.

Any supplementary benefits thus granted shall run until the day on which the beneficiary ceases to be entitled to a pension under the pension plan.

O.C. 326-93, s. 10; O.C. 322-94, s. 1.