T-16 - Courts of Justice Act

Section 240 Disposition versions

1990-11-02

240. To be entitled to a pension under section 239, a child must be a dependant of the judge at the time of the latter’s death and must satisfy one of the following requirements:

(1)  be under 18 years of age;

(2)  be 18 years of age but under 25 and a full-time student in an educational institution designated in Schedule I to the Act respecting the Teachers Pension Plan (chapter R-11) or designated by regulation under section 47 of the said Act;

(3)  be an invalid as a result of illness or an accident, require medical treatment and be totally unable to perform work of any kind.

However, the child of a judge who, at the time of the latter’s death, is not a dependant of the judge or does not satisfy any of the requirements set out in subparagraphs 1, 2 and 3 of the first paragraph or who ceases to satisfy any such requirement and who, before reaching 25 years of age, satisfies or once again satisfies either of the requirements set out in subparagraphs 2 and 3 of the first paragraph and would have been a dependant of the judge had the latter not died is entitled to receive a pension under section 239.

1978, c. 19, s. 33; 1990, c. 44, s. 11.

1978-07-19

240. If the total of the amounts paid as a pension to a judge or to his or her spouse or children is less than the total amount of the contributions paid on the date on which the first payment of the pension is made, including the interest accrued at the rate fixed by regulation of the Government, the difference is paid to the heirs of the judge upon the cessation of the payment of the pension to the last person who was entitled to it.

1978, c. 19, s. 33.