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T-16 - Courts of Justice Act

Section 229
Disposition versions

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229. For the purposes of this plan, a year or part of a year of service is any year or part of a year
(1)  during which the judge held judicial office at the Court of Québec or at the Municipal Court of a municipality which has joined this plan, or during which the judge was granted leave without pay or leave with deferred pay under section 122.0.1, subject to the applicable fiscal rules;
(2)  during which the judge held any other function to which pensionable service is attached under this plan;
(3)  for which service is transferred to this plan pursuant to a transfer agreement made under section 246.24;
(4)  during which the judge was entitled to benefits under a social benefits plan established under the first paragraph of section 122 or, as the case may be, under an equivalent plan in effect in a municipality which has joined this plan, as a replacement of his salary.
The Government shall fix, by order, the conditions that must be fulfilled so that a year or part of a year during which a judge was granted leave without pay or leave with deferred pay may be counted for the purposes of the pension plan.
If a judge has received a refund of the contributions he paid or from which he was exempt for the years 1979 to 1989, his service during those years shall be counted for the sole purpose of eligibility for a pension, unless the sums refunded are remitted in accordance with section 244.9 or 244.10.
In no case may a year or part of a year of service be counted under this plan if it is counted under another plan.
1978, c. 19, s. 33; 1990, c. 44, s. 9; 1991, c. 79, s. 9; 1997, c. 7, s. 36; 1997, c. 7, s. 63; 2005, c. 41, s. 14.
229. For the purposes of this plan, a year or part of a year of service is any year or part of a year
(1)  during which the judge held judicial office at the Court of Québec or at the Municipal Court of a municipality which has joined this plan;
(2)  during which the judge held any other function to which pensionable service is attached under this plan;
(3)  for which service is transferred to this plan pursuant to a transfer agreement made under section 246.24;
(4)  during which the judge was entitled to benefits under a social benefits plan established under the first paragraph of section 122 or, as the case may be, under an equivalent plan in effect in a municipality which has joined this plan, as a replacement of his salary.
If a judge has received a refund of the contributions he paid or from which he was exempt for the years 1979 to 1989, his service during those years shall be counted for the sole purpose of eligibility for a pension, unless the sums refunded are remitted in accordance with section 244.9 or 244.10.
In no case may a year or part of a year of service be counted under this plan if it is counted under another plan.
1978, c. 19, s. 33; 1990, c. 44, s. 9; 1991, c. 79, s. 9; 1997, c. 7, s. 36; 1997, c. 7, s. 63.
229. For the purposes of this plan, a year or part of a year of service is any year or part of a year
(1)  during which the judge held judicial office at the Court of Québec or at the Municipal Court of a municipality which has joined this plan;
(2)  during which the judge held any other function to which pensionable service is attached under this plan;
(3)  for which service is transferred to this plan pursuant to a transfer agreement made under section 246.24;
(4)  during which the judge was entitled to benefits under a social benefits plan established under the first paragraph of section 122 or, as the case may be, under an equivalent plan in effect in a municipality which has joined this plan, as a replacement of his salary.
If a judge has received a refund of the contributions he paid or from which he was exempt for the years 1979 to 1989, his service during those years shall be counted for the sole purpose of eligibility for a pension, unless the sums refunded are remitted in accordance with section 244.9 or 244.10.
In no case may a year or part of a year of service be counted under this plan if it is counted under another plan.
1978, c. 19, s. 33; 1990, c. 44, s. 9; 1991, c. 79, s. 9.
229. For the purposes of this plan, a year or part of a year of service is any year or part of a year
(1)  during which the judge held judicial office at the Court of Québec;
(2)  during which the judge held any other function to which pensionable service is attached under this plan;
(3)  for which service is transferred to this plan pursuant to a transfer agreement made under section 246.24;
(4)  during which the judge was entitled to benefits under a social benefits plan established under section 122, as a replacement of his salary.
If a judge has received a refund of the contributions he paid or from which he was exempt for the years 1979 to 1989, his service during those years shall be counted for the sole purpose of eligibility for a pension, unless the sums refunded are remitted in accordance with section 244.9 or 244.10.
In no case may a year or part of a year of service be counted under this plan if it is counted under another plan.
1978, c. 19, s. 33; 1990, c. 44, s. 9.
229. The pension granted to a judge who reaches seventy years of age after holding office for less than twenty-five years is equal, per year of office, to 2.8% of the average income of his five best remunerated years in office or, if he has held office for less than five years, of the salary of each of those years.
1978, c. 19, s. 33.
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