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 3 Disposition versions

2012-09-01

3. In the case of a judge who is eligible for retirement under paragraph 3 of section 228 of the Act and, on 30 May 1978, had, for at least 10 years, held the office of chief judge or assistant chief judge or had such status or who, on that date, held such office and had for at least 10 years, the judge’s annual supplementary benefits shall not be lower, when he becomes eligible for retirement, than the amount by which 63% of his average salary for his 5 best paid years of service exceeds the amount of his pension.

In the case of a judge who has opted for the plan established under Part VI of the Act or, where applicable, has opted for an equivalent plan in force in a municipality pursuant to the legislative provisions that grant such option and who is eligible for retirement because he has reached age 70, the judge’s annual supplementary benefits shall not be lower, when he becomes eligible for retirement, than the amount by which 56% of his average salary for his 5 best paid years of service exceeds the amount of his pension. If, on 1 January 1979, the judge had, for at least 10 years, held the office of chief judge or assistant chief judge or had such status or if, on that date, he held such office and had for at least 10 years, his annual supplementary benefits shall not be lower, when he becomes eligible for retirement, than the amount by which 63% of that average salary exceeds his pension.

If the pension is reduced pursuant to section 238 of the Act, the supplementary benefits are reduced in the same way as the pension.

O.C. 326-93, s. 3; O.C. 866-2010, s. 2.