T-16 - Courts of Justice Act

Section 244.11 Disposition versions

2009-05-28

244.11. 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 but prior to 1 January 2000, by the excess of the rate over 3%;

(3)  for that part attributable to service subsequent to 31 December 1999, in accordance with the formula set out in subparagraph 2, or by one-half of the rate of increase in the Pension Index, whichever formula is more advantageous to the judge.

Where the number of years of service credited exceeds 35 years, subparagraphs 1 to 3 of the first paragraph are applied in the order which is the most advantageous to the judge.

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 71 years of age, in the proportion that the number of days for which the pension was 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.

1990, c. 44, s. 11; 1991, c. 79, s. 23; 1992, c. 67, s. 98; 2002, c. 32, s. 13; 2009, c. 8, s. 10.

2002-06-14

244.11. 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 but prior to 1 January 2000, by the excess of the rate over 3%;

(3)  for that part attributable to service subsequent to 31 December 1999, in accordance with the formula set out in subparagraph 2, or by one-half of the rate of increase in the Pension Index, whichever formula is more advantageous to the judge.

Where the number of years of service credited exceeds 35 years, subparagraphs 1 to 3 of the first paragraph are applied in the order which is the most advantageous to the judge.

Deferred annuities are indexed in accordance with the first paragraph. In this case, the indexing applies only from 1 January following the sixty-fifth birthday of the judge.

1990, c. 44, s. 11; 1991, c. 79, s. 23; 1992, c. 67, s. 98; 2002, c. 32, s. 13.

1999-04-01

244.11. 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, to the extent only that this service is necessary to attain a maximum of 35 years of service, by the excess of the rate over 3 %.

Deferred annuities are indexed in accordance with the first paragraph. In this case, the indexing applies only from 1 January following the sixty-fifth birthday of the judge.

1990, c. 44, s. 11; 1991, c. 79, s. 23; 1992, c. 67, s. 98.

1992-01-01

244.11. 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, to the extent only that this service is necessary to attain a maximum of 35 years of service, by the excess of the rate over 3 %.

However, where the pension granted is determined pursuant to section 232 or 237, it shall be indexed annually, at the same time, at the rate provided for in subparagraph 1 of the first paragraph.

Deferred annuities are indexed in accordance with the first paragraph. In this case, the indexing applies only from 1 January following the sixty-fifth birthday of the judge.

1990, c. 44, s. 11; 1991, c. 79, s. 23.

1990-11-02

244.11. 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, to the extent only that this service is necessary to attain a maximum of 25 years of service, by the excess of the rate over 3 %.

However, where the pension granted is determined pursuant to section 232 or 237, it shall be indexed annually, at the same time, at the rate provided for in subparagraph 1 of the first paragraph.

Deferred annuities are indexed in accordance with the first paragraph. In this case, the indexing applies only from 1 January following the sixty-fifth birthday of the judge.

1990, c. 44, s. 11.