Pension for judge
 5. (1) A judge who ceases to hold office or is serving on a part-time basis under section 47 of the Act is entitled to a pension under this Part during his or her lifetime if, (a)  the judge meets the basic service requirement; or (b)  the judge is entitled to a pension under section 7, 8 or 9 of this Regulation. O. Reg. 290/13, s. 5 (1). (2) For a judge who is entitled to a pension under subsection (1) and who is not a judge described in paragraph 1 or 2 of subsection (5), the annual amount of the pension is the amount equal to the percentage determined under subsection (4) of the greatest of the following amounts that applies to the judge: 1.  The salary of the Chief Justice, in the case of, i.  a Chief Justice who ceases to hold office as a judge under subsection 47 (1) of the Act on or after attaining the age for retirement or who resigns under subsection 48 (1) of the Act, ii.  a judge who held the office of Chief Justice and who held the office of Chief Justice, regional senior judge or Associate Chief Justice Co-ordinator of Justices of the Peace for a total of five years or more, or iii.  a judge who held the office of Chief Justice and who was appointed on or after February 28, 1995 to hold office as Chief Justice, Associate Chief Justice, Associate Chief Justice Co-ordinator of Justices of the Peace or regional senior judge, and who held one or more of those offices for a total of three years or more. 2.  The salary of an Associate Chief Justice, in the case of, i.  an Associate Chief Justice or Associate Chief Justice Co-ordinator of Justices of the Peace who ceases to hold office as a judge under subsection 47 (1) of the Act on or after attaining the age for retirement or who resigns under subsection 48 (1) of the Act, ii.  a judge who held the office of Associate Chief Justice or Associate Chief Justice Co-ordinator of Justices of the Peace who was appointed on or after February 28, 1995 to hold office as Associate Chief Justice, Associate Chief Justice Co-ordinator of Justices of the Peace or regional senior judge and who held one or more of those offices for a total of three years or more. 3.  The salary of a regional senior judge, in the case of, i.  a regional senior judge, Senior Advisory Family Judge or Associate Chief Justice Co-ordinator of Justices of the Peace who ceases to hold office as a judge under subsection 47 (1) of the Act on or after attaining the age for retirement or who resigns under subsection 48 (1) of the Act, ii.  a judge who held the office of regional senior judge or Associate Chief Justice Co-ordinator of Justices of the Peace for a total of five years or more, iii.  a judge who was appointed to hold office, on or after February 28, 1995, as regional senior judge and who held that office for three years or more, or iv.  a judge who was appointed to hold office as a Senior Advisory Family Judge and who held that office for three years or more. 4.  The salary of the Chief Justice, in the case of a judge who held the office of chief judge before September 1, 1990. 5.  95.84 per cent of the salary of the Chief Justice, in the case of a judge who held the office of associate chief judge or Senior Master before September 1, 1990. 6.  93.34 per cent of the salary of the Chief Justice, in the case of a judge who held the office of senior judge before September 1, 1990. 7.  The salary of a full-time provincial judge, in all other cases. O. Reg. 290/13, s. 5 (2); O. Reg. 57/16, s. 2 (1); O. Reg. 347/19, s. 7 (1, 2). (3) The annual amount of the pension determined under subsection (2) is subject to the adjustment set out in section 23 and the limit set out in section 25. O. Reg. 290/13, s. 5 (3). (4) The percentage mentioned in subsection (2) is the percentage set out in Column 2 of the Table to this subsection opposite the age in Column 1 at which the judge ceased to hold office or started to serve on a part-time basis, whichever occurred first, adjusted in accordance with subsection (8). TABLE  Column 1 Age at ceasing to hold office or starting on part-time basis   Column 2 Percentage 

  65   45 

  66   46 

  67   47 

  68   48 

  69   49 

  70   50 

  71   51 

  72   52 

  73   53 

  74   54 

  75   55 O. Reg. 290/13, s. 5 (4). (5) For a judge who is entitled to a pension under subsection (1) and who is a judge described in paragraph 1 or 2, the annual amount of the pension is determined in accordance with subsection (6): 1.  The judge is appointed to office on or after June 1, 2007. 2.  The judge was appointed to office before June 1, 2007, and made a one-time irrevocable election on or before October 27, 2008 to have his or her pension determined under the rules applicable for judges appointed to office on or after June 1, 2007. O. Reg. 290/13, s. 5 (5). (6) The annual amount of the pension for a judge described in paragraph 1 or 2 of subsection (5) is determined as follows: 1.  The initial annual amount of the pension is the amount equal to the percentage determined under subsection (7) of the greatest of the amounts described under paragraphs 1 to 7 of subsection (2) that applies to the judge. 2.  The amount of the pension is subject to the adjustment set out in section 24 and the limit set out in section 25. O. Reg. 290/13, s. 5 (6). (7) The percentage mentioned in paragraph 1 of subsection (6) is the percentage set out in Column 2 of the Table to this subsection opposite the age in Column 1 at which the judge ceased to hold office or started to serve on a part-time basis, whichever occurred first, adjusted in accordance with subsection (8). TABLE  Column 1 Age at ceasing to hold office or starting on part-time basis   Column 2 Percentage 

  65   56 

  66   57 

  67   58 

  68   59 

  69   60 

  70   61 

  71   62 

  72   63 

  73   64 

  74   65 

  75   66 O. Reg. 290/13, s. 5 (7). (8) The percentage mentioned in subsection (4) or (7) shall be increased by 1 per cent for every year of full-time service in excess of 15 years that is served before the judge attains the age of 65. O. Reg. 290/13, s. 5 (8). (9) Subsection (8) applies whether the judge ceased to hold office or started to serve on a part-time basis before or after August 1, 1993. O. Reg. 290/13, s. 5 (9). (10) For the purposes of this section, the salaries of the Chief Justice, an Associate Chief Justice or a regional senior judge shall, for the following judges, be determined in accordance with the method for determining those salaries set out in subsections 6 (1), 7 (1) and 8 (1) and section 9 of Schedule A of Order in Council 1273/2018, as amended from time to time, as applicable: 1.  A judge described in paragraph 1, 2 or 3 of subsection (2), if the judge was appointed as Chief Justice, Associate Chief Justice or regional senior judge before November 12, 2013. 2.  A judge described in paragraph 4, 5 or 6 of subsection (2). O. Reg. 57/16, s. 2 (2); O. Reg. 347/19, s. 7 (3). (11) For judges described in paragraph 1, 2 or 3 of subsection (2) who were appointed as Chief Justice, Associate Chief Justice or regional senior judge on or after November 12, 2013 and who did not hold one of those offices before that date, the salary of the Chief Justice, an Associate Chief Justice or a regional senior judge shall, for the purposes of this section, be determined in accordance with the method for determining those salaries set out in subsections 6 (2), 7 (2) and 8 (2) of Schedule A of Order in Council 1273/2018, as amended from time to time, as applicable. O. Reg. 57/16, s. 2 (2); O. Reg. 347/19, s. 7 (4).