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T-16 - Courts of Justice Act
Section 238
Disposition versions
238. A judge may, at any time before a pension or deferred annuity becomes payable to him, elect to reduce such pension or deferred annuity to allow his spouse to benefit from a pension more advantageous than the pension provided for in section 235. This reduction may, at the judge’s option, be equal to 3.5%, in which case the spouse will be entitled to receive a pension equal to 60% of the reduced pension, or 5.7%, in which case the spouse will be entitled to receive a pension equal to 66 2/3% of the reduced pension.
The election is irrevocable from the time the judge’s pension is payable, even in the absence of a spouse entitled to a pension.
However, the election is deemed never to have been made if the judge dies while in office, before being entitled to a pension, and leaves no spouse entitled to a pension.
238. A judge may, at any time before a pension or deferred annuity becomes payable to him, elect to reduce such pension or deferred annuity to allow his spouse to benefit from a pension more advantageous than the pension provided for in section 235. This reduction may, at the judge’s option, be equal to 3.5 %, in which case the spouse will be entitled to receive a pension equal to 60 % of the reduced pension, or 5.7 %, in which case the spouse will be entitled to receive a pension equal to 662/3 % of the reduced pension.
The election is irrevocable from the time the judge’s pension is payable, even in the absence of a spouse entitled to a pension.
However, the election is deemed never to have been made if the judge dies while in office, leaving no spouse entitled to a pension.
238. A judge pays to the consolidated revenue fund, in the form of a deduction, a contribution equal to 7.5 % of his income.
For the application of the Taxation Act (chapter I-3), the contributions made under the first paragraph are deemed to be made under a registered retirement plan.
