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T-16 - Courts of Justice Act
Section 122
Disposition versions
122. The Government may, by order, establish social benefits other than the pension plan to which the judges are entitled and fix their contributions.
It may also establish, in respect of judges to whom the pension plan established under Part V.1 or Part VI applies, a plan providing for supplementary benefits payable from the date on which benefits become payable under the pension plan. The Government may include in that plan provisions concerning the payment of benefits to the spouse and children of a judge. The Government may also specify in the plan the situations that entail the obligation for the judge to contribute to the plan and the conditions relating to the determination and payment of the contributions as well as determine a fund within the plan into which the contributions are to be paid. It may, in addition, specify in the plan the years of service as a presiding justice of the peace in office to which the plan applies.
Unless expressly provided to the contrary, for the purpose of computing benefits under the supplementary benefits plan, the years of service taken into consideration shall be the same as those taken into consideration for the purpose of computing the pension payable under the pension plan. The annual benefits to which a judge is entitled under the supplementary benefits plan shall not, on the date they become payable, be greater than the amount by which the highest annual salary received by the judge while in office exceeds the annual benefits payable on the same date under the pension plan. Computation of the benefits payable to the spouse and children of a judge shall also take into consideration such maximum amount.
To determine the highest annual salary, the annual salaries which are taken into consideration are those fixed by orders made under section 115, 175 or 199, as the case may be. However, the additional remuneration attached to the office of chief judge, senior associate chief judge, associate chief judge, president of the Human Rights Tribunal or chairman of the Professions Tribunal shall be included in those salaries only if the judge has held such an office for at least seven years or, in the case of the office of chief municipal judge, if the judge has held such an office for at least five years. The remuneration paid to a coordinating judge, associate coordinating judge, coordinating municipal judge, associate coordinating municipal judge, judge responsible for the professional development of judges of the Court or justice responsible for presiding justices of the peace and any other remuneration paid to a judge on leave without pay or a judge to whom sections 131 to 134 apply shall be excluded from those salaries.
The sums paid under the plan shall be inalienable and unseizable. However, they shall be unseizable only up to 50% in the case of the partition of the family patrimony between the spouses, the payment of support or the payment of a compensatory allowance.
The Chair of the Conseil du trésor is responsible for establishing an investment policy in respect of the fund referred to in the second paragraph.
In this section, "judge" and "judges" also mean presiding justices of the peace, unless the context indicates otherwise. (S.Q. 2017, c. 30, s. 35)
122. The Government may, by order, establish social benefits other than the pension plan to which the judges are entitled and fix their contributions.
It may also establish, in respect of judges to whom the pension plan established under Part V.1 or Part VI applies, a plan providing for supplementary benefits payable from the date on which benefits become payable under the pension plan. The Government may include in that plan provisions concerning the payment of benefits to the spouse and children of a judge. The Government may also specify in the plan the situations that entail the obligation for the judge to contribute to the plan and the conditions relating to the determination and payment of the contributions as well as determine a fund within the plan into which the contributions are to be paid. It may, in addition, specify in the plan the years of service as a presiding justice of the peace in office to which the plan applies.
Unless expressly provided to the contrary, for the purpose of computing benefits under the supplementary benefits plan, the years of service taken into consideration shall be the same as those taken into consideration for the purpose of computing the pension payable under the pension plan. The annual benefits to which a judge is entitled under the supplementary benefits plan shall not, on the date they become payable, be greater than the amount by which the highest annual salary received by the judge while in office exceeds the annual benefits payable on the same date under the pension plan. Computation of the benefits payable to the spouse and children of a judge shall also take into consideration such maximum amount.
To determine the highest annual salary, the annual salaries which are taken into consideration are those fixed by orders made under section 115 or 175. However, the additional remuneration attached to the office of chief judge, senior associate chief judge, associate chief judge, president of the Human Rights Tribunal or chairman of the Professions Tribunal shall be included in those salaries only if the judge has held such an office for at least seven years. The remuneration paid to a coordinating judge, associate coordinating judge, judge responsible for the professional development of judges of the Court or justice responsible for presiding justices of the peace and any other remuneration paid to a judge on leave without pay or a judge to whom sections 131 to 134 apply shall be excluded from those salaries.
The sums paid under the plan shall be inalienable and unseizable. However, they shall be unseizable only up to 50% in the case of the partition of the family patrimony between the spouses, the payment of support or the payment of a compensatory allowance.
The Chair of the Conseil du trésor is responsible for establishing an investment policy in respect of the fund referred to in the second paragraph.
In this section, "judge" and "judges" also mean presiding justices of the peace, unless the context indicates otherwise. (S.Q. 2017, c. 30, s. 35)
122. The Government may, by order, establish social benefits other than the pension plan to which the judges are entitled and fix their contributions.
It may also establish, in respect of judges to whom the pension plan established under Part V.1 or Part VI applies, a plan providing for supplementary benefits payable from the date on which benefits become payable under the pension plan. The Government may include in that plan provisions concerning the payment of benefits to the spouse and children of a judge. The Government may also specify in the plan the situations that entail the obligation for the judge to contribute to the plan and the conditions relating to the determination and payment of the contributions. It may, in addition, specify in the plan the years of service as a presiding justice of the peace in office to which the plan applies.
Unless expressly provided to the contrary, for the purpose of computing benefits under the supplementary benefits plan, the years of service taken into consideration shall be the same as those taken into consideration for the purpose of computing the pension payable under the pension plan. The annual benefits to which a judge is entitled under the supplementary benefits plan shall not, on the date they become payable, be greater than the amount by which the highest annual salary received by the judge while in office exceeds the annual benefits payable on the same date under the pension plan. Computation of the benefits payable to the spouse and children of a judge shall also take into consideration such maximum amount.
To determine the highest annual salary, the annual salaries which are taken into consideration are those fixed by orders made under section 115 or 175. However, the additional remuneration attached to the office of chief judge, senior associate chief judge, associate chief judge, president of the Human Rights Tribunal or chairman of the Professions Tribunal shall be included in those salaries only if the judge has held such an office for at least seven years. The remuneration paid to a coordinating judge, associate coordinating judge, judge responsible for the professional development of judges of the Court or justice responsible for presiding justices of the peace and any other remuneration paid to a judge on leave without pay or a judge to whom sections 131 to 134 apply shall be excluded from those salaries.
The sums paid under the plan shall be inalienable and unseizable. However, they shall be unseizable only up to 50% in the case of the partition of the family patrimony between the spouses, the payment of support or the payment of a compensatory allowance.
In this section, "judge" and "judges" also mean presiding justices of the peace, unless the context indicates otherwise. (S.Q. 2017, c. 30, s. 35)
122. The Government may, by order, establish social benefits other than the pension plan to which the judges are entitled and fix their contributions.
It may also establish, in respect of judges to whom the pension plan established under Part V.1 or Part VI applies, a plan providing for supplementary benefits payable from the date on which benefits become payable under the pension plan. The Government may include in that plan provisions concerning the payment of benefits to the spouse and children of a judge. The Government may also specify in the plan the situations that entail the obligation for the judge to contribute to the plan and the conditions relating to the determination and payment of the contributions.
Unless expressly provided to the contrary, for the purpose of computing benefits under the supplementary benefits plan, the years of service taken into consideration shall be the same as those taken into consideration for the purpose of computing the pension payable under the pension plan. The annual benefits to which a judge is entitled under the supplementary benefits plan shall not, on the date they become payable, be greater than the amount by which the highest annual salary received by the judge while in office exceeds the annual benefits payable on the same date under the pension plan. Computation of the benefits payable to the spouse and children of a judge shall also take into consideration such maximum amount.
To determine the highest annual salary, the annual salaries which are taken into consideration are those fixed by orders made under section 115. However, the additional remuneration attached to the office of chief judge, senior associate chief judge, associate chief judge, president of the Human Rights Tribunal or chairman of the Professions Tribunal shall be included in those salaries only if the judge has held such an office for at least seven years. The remuneration paid to a coordinating judge, associate coordinating judge or judge responsible for the professional development of judges of the Court and any other remuneration paid to a judge on leave without pay or a judge to whom sections 131 to 134 apply shall be excluded from those salaries.
The sums paid under the plan shall be inalienable and unseizable. However, they shall be unseizable only up to 50% in the case of the partition of the family patrimony between the spouses, the payment of support or the payment of a compensatory allowance.
122. The Government may, by order, establish social benefits other than the pension plan to which the judges are entitled and fix their contributions.
It may also establish, in respect of judges to whom the pension plan established under Part V.1 or Part VI applies, a plan providing for supplementary benefits payable from the date on which benefits become payable under the pension plan. The Government may include in that plan provisions concerning the payment of benefits to the spouse and children of a judge. The Government may also specify in the plan the situations that entail the obligation for the judge to contribute to the plan and the conditions relating to the determination and payment of the contributions.
Unless expressly provided to the contrary, for the purpose of computing benefits under the supplementary benefits plan, the years of service taken into consideration shall be the same as those taken into consideration for the purpose of computing the pension payable under the pension plan. The annual benefits to which a judge is entitled under the supplementary benefits plan shall not, on the date they become payable, be greater than the amount by which the highest annual salary received by the judge while in office exceeds the annual benefits payable on the same date under the pension plan. Computation of the benefits payable to the spouse and children of a judge shall also take into consideration such maximum amount.
To determine the highest annual salary, the annual salaries which are taken into consideration are those fixed by orders made under section 115. However, the additional remuneration attached to the office of chief judge, senior associate chief judge or associate chief judge shall be included in those salaries only if the judge has held such an office for at least seven years. The remuneration paid to a coordinating judge, associate coordinating judge or judge responsible for the professional development of judges of the Court and any other remuneration paid to a judge on leave without pay or a judge to whom sections 131 to 134 apply shall be excluded from those salaries.
The sums paid under the plan shall be inalienable and unseizable. However, they shall be unseizable only up to 50% in the case of the partition of the family patrimony between the spouses, the payment of support or the payment of a compensatory allowance.
122. The Government may, by order, establish social benefits other than the pension plan to which the judges are entitled and fix their contributions.
It may also establish, in respect of judges to whom the pension plan established under Part V.1 or Part VI applies, a plan providing for supplementary benefits payable from the date on which benefits become payable under the pension plan. The Government may include in that plan provisions concerning the payment of benefits to the spouse and children of a judge. The Government may also specify in the plan the situations that entail the obligation for the judge to contribute to the plan and the conditions relating to the determination and payment of the contributions.
Unless expressly provided to the contrary, for the purpose of computing benefits under the supplementary benefits plan, the years of service taken into consideration shall be the same as those taken into consideration for the purpose of computing the pension payable under the pension plan. The annual benefits to which a judge is entitled under the supplementary benefits plan shall not, on the date they become payable, be greater than the amount by which the highest annual salary received by the judge while in office exceeds the annual benefits payable on the same date under the pension plan. Computation of the benefits payable to the spouse and children of a judge shall also take into consideration such maximum amount.
To determine the highest annual salary, the annual salaries which are taken into consideration are those fixed by orders made under section 115. However, the additional remuneration attached to the office of chief judge, senior associate chief judge or associate chief judge shall be included in those salaries only if the judge has held such an office for at least seven years. The remuneration paid to a coordinating judge or associate coordinating judge and any other remuneration paid to a judge on leave without pay or a judge to whom sections 131 to 134 apply shall be excluded from those salaries.
The sums paid under the plan shall be inalienable and unseizable. However, they shall be unseizable only up to 50 % in the case of the partition of the family patrimony between the spouses, the payment of support or the payment of a compensatory allowance.
122. The Government may, by order, establish social benefits other than the pension plan to which the judges are entitled and fix their contributions.
It may also establish, in respect of judges to whom the pension plan established under Part VI applies, a plan providing for supplementary benefits payable from the date on which benefits become payable under the pension plan. The Government may include in that plan provisions concerning the payment of benefits to the spouse and children of a judge.
For the purpose of computing benefits under the supplementary benefits plan, the years of service taken into consideration shall be the same as those taken into consideration for the purpose of computing the pension payable under the pension plan. The annual benefits to which a judge is entitled under the supplementary benefits plan shall not, on the date they become payable, be greater than the amount by which the highest annual salary received by the judge while in office exceeds the annual benefits payable on the same date under the pension plan. Computation of the benefits payable to the spouse and children of a judge shall also take into consideration such maximum amount.
To determine the highest annual salary, the annual salaries which are taken into consideration are those fixed by orders made under section 115. However, the additional remuneration attached to the office of chief judge, senior associate chief judge or associate chief judge shall be included in those salaries only if the judge has held such an office for at least seven years. The remuneration paid to a coordinating judge or associate coordinating judge and any other remuneration paid to a judge on leave without pay or a judge to whom sections 131 to 134 apply shall be excluded from those salaries.
The sums paid under the plan shall be inalienable and unseizable. However, they shall be unseizable only up to 50 % in the case of the partition of the family patrimony between the spouses, the payment of support or the payment of a compensatory allowance.
122. The Government may, by order, establish social benefits other than the pension plan to which the judges are entitled and fix their contributions.
It may also establish, in respect of judges to whom the pension plan established under Part VI applies, a plan providing for supplementary benefits payable from the date on which benefits become payable under the pension plan. The Government may include in that plan provisions concerning the payment of benefits to the spouse and children of a judge.
For the purpose of computing benefits under the supplementary benefits plan, the years of service taken into consideration shall be the same as those taken into consideration for the purpose of computing the pension payable under the pension plan. The annual benefits to which a judge is entitled under the supplementary benefits plan shall not, on the date they become payable, be greater than the amount by which the highest annual salary received by the judge while in office exceeds the annual benefits payable on the same date under the pension plan. Computation of the benefits payable to the spouse and children of a judge shall also take into consideration such maximum amount.
To determine the highest annual salary, the annual salaries which are taken into consideration are those fixed by orders made under section 115. However, the additional remuneration paid to a chief judge, senior associate chief judge, associate chief judge, coordinating judge or associate coordinating judge, and any other remuneration paid to a judge on leave without pay or a judge to whom sections 131 to 134 apply, shall be excluded from those salaries.
The sums paid under the plan shall be inalienable and unseizable. However, they shall be unseizable only up to 50 % in the case of the partition of the family patrimony between the spouses, the payment of support or the payment of a compensatory allowance.
122. The Government may, by order, establish social benefits other than the pension plan to which the judges are entitled and fix their contributions.
It may also establish, in respect of judges to whom the pension plan established under Part VI applies, a plan providing for supplementary benefits payable from the date on which benefits become payable under the pension plan. The Government may include in that plan provisions concerning the payment of benefits to the spouse and children of a judge.
For the purpose of computing benefits under the supplementary benefits plan, the years of service taken into consideration shall be the same as those taken into consideration for the purpose of computing the pension payable under the pension plan. The annual benefits to which a judge is entitled under the supplementary benefits plan shall not, on the date they become payable, be greater than the amount by which the highest annual salary received by the judge while in office exceeds the annual benefits payable on the same date under the pension plan. Computation of the benefits payable to the spouse and children of a judge shall also take into consideration such maximum amount.
To determine the highest annual salary, the annual salaries which are taken into consideration are those fixed by orders made under section 115. However, the additional remuneration paid to a chief judge, senior associate chief judge, associate chief judge or coordinating judge, and any other remuneration paid to a judge on leave without pay or a judge to whom sections 131 to 134 apply, shall be excluded from those salaries.
The sums paid under the plan shall be inalienable and unseizable. However, they shall be unseizable only up to 50 % in the case of the partition of the family patrimony between the spouses, the payment of support or the payment of a compensatory allowance.
122. The Government may, by order, establish social benefits other than the pension plan to which the judges are entitled and fix their contributions.
It may also establish, in respect of judges to whom the pension plan established under Part VI applies, a plan providing for supplementary benefits payable from the date on which benefits become payable under the pension plan. The Government may include in that plan provisions concerning the payment of benefits to the spouse and children of a judge.
For the purpose of computing benefits under the supplementary benefits plan, the years of service taken into consideration shall be the same as those taken into consideration for the purpose of computing the pension payable under the pension plan. The annual benefits to which a judge is entitled under the supplementary benefits plan shall not, on the date they become payable, be greater than the amount by which the highest annual salary received by the judge while in office exceeds the annual benefits payable on the same date under the pension plan. Computation of the benefits payable to the spouse and children of a judge shall also take into consideration such maximum amount.
To determine the highest annual salary, the annual salaries which are taken into consideration are those fixed by orders made under section 115. However, the additional remuneration paid to a chief judge, senior associate chief judge, associate chief judge or coordinating judge, and any other remuneration paid to a judge on leave without pay or a judge to whom sections 131 to 134 apply, shall be excluded from those salaries.
The sums paid under the plan shall be inalienable and unseizable. However, they shall be unseizable only up to 50 % in the case of the partition of the family patrimony between the spouses, the payment of support or the payment of a compensatory allowance.
Furthermore, to determine the right to the minimum pension provided for in sections 232 and 237, the supplementary benefits of the plan established under the second paragraph to which a judge is or would have been entitled shall be added to the pension computed in accordance with section 230.
122. The Government may, by order, establish social benefits other than the pension plan to which the judges are entitled and fix their contributions.
122. The Government may, by order, establish social benefits other than the pension to which the judges are entitled and fix their contributions.
122. The sheriff shall be an officer of the Youth Court whenever it sits at the chief place of a district in which he has jurisdiction.
122. The sheriff shall be an officer of the Youth Court whenever it sits at the chief place of the district to which he is attached.
122. The sheriff shall be an officer of the Social Welfare Court whenever it sits at the chief place of the district to which he is attached.
