T-16 - Courts of Justice Act

Section 244.2 Disposition versions

2001-05-30

244.2. (Repealed).

1990, c. 44, s. 11; 1991, c. 79, s. 19; 1997, c. 7, s. 38; 1997, c. 7, s. 63; 2001, c. 8, s. 13.

1997-07-01

244.2. A judge who has retired with a pension by reason of a disability and who is, before 31 December of the year in which he reaches 71 years of age, reappointed to judicial office at the court at which he held office, ceases to receive his pension.

The years and parts of a year of service he accumulates are added to those already credited to him. However, if he accumulates less than three years, the average salary used as the basis for computing his new pension is computed on the basis of the annual salaries fixed by orders made under section 115 for the three years preceding the date on which he ceased to hold office, or, as the case may be, immediately preceding 31 December of the year in which he reached 71 years of age. In the case of the application of subparagraph 2 of the first paragraph of section 230, the annual salaries are taken into consideration up to the amount of annual salary required to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1990, c. 44, s. 11; 1991, c. 79, s. 19; 1997, c. 7, s. 38; 1997, c. 7, s. 63.

1994-03-01

244.2. A judge who has retired with a pension by reason of a disability and who is, before 31 December of the year in which he reaches 71 years of age, reappointed to judicial office at the court at which he held office, ceases to receive his pension.

The years and parts of a year of service he accumulates are added to those already credited to him. However, if he accumulates less than three years, the average salary used as the basis for computing his new pension is computed on the basis of the annual salaries fixed by orders made under section 115 for the three years preceding the date on which he ceased to hold office, or, as the case may be, immediately preceding 31 December of the year in which he reached 71 years of age. In the case of the application of subparagraph 2 of the first paragraph of section 230, the annual salaries are taken into consideration up to the amount of annual salary required to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1990, c. 44, s. 11; 1991, c. 79, s. 19.

1992-01-01

244.2. A judge who has retired with a pension by reason of a disability and who is, before 31 December of the year in which he reaches 71 years of age, reappointed to judicial office at the court at which he held office, ceases to receive his pension.

The years and parts of a year of service he accumulates are added to those already credited to him. However, if he accumulates less than three years, the average salary used as the basis for computing his new pension is computed on the basis of the annual salaries fixed by orders made under section 115 for the three years preceding the date on which he ceased to hold office, or, as the case may be, immediately preceding 31 December of the year in which he reached 71 years of age. In the case of the application of subparagraph 2 of the first paragraph of section 230, the annual salaries are taken into consideration up to the amount of annual salary required to arrive at the defined benefit limit applicable for each year under the Income Tax Act (Statutes of Canada).

1990, c. 44, s. 11; 1991, c. 79, s. 19.

1990-11-02

244.2. A judge who is receiving a pension by reason of a permanent disability within the meaning of the first paragraph of section 93.1 and who is reappointed by the Government as provided in that section ceases to receive his pension.

The years and parts of a year of service he then accumulates are added to those already credited to him. However, if the judge again holds his office for less than three years after his reappointment, the average salary used as the basis for computing his new pension is computed on the basis of the salary determined under the second paragraph of section 231 for the three years immediately preceding the date on which he ceased to hold office.

1990, c. 44, s. 11.