jswizzle3737/ontario_laws_and_regs huggingface dataset:
Order in Council availability
 1.1 The Minister shall make Order in Council 1273/2018 available on request. O. Reg. 347/19, s. 3. Part II   REGISTERED PENSION PLAN FOR PROVINCIAL JUDGES General
PART II REGISTERED PENSION PLAN FOR PROVINCIAL JUDGES
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Purpose
 2. The primary purpose of this Part is to provide eligible judges with pensions from a registered pension plan in the form of periodic pension payments for their lifetime following their retirement from full-time service as judges. O. Reg. 290/13, s. 2; O. Reg. 347/19, s. 5.
Federal Tax Act and Regulations
 3. The registered pension plan set out in this Part shall be administered in accordance with the Federal Tax Act and the Federal Tax Regulations and, if the registered pension plan conflicts with that Act or those Regulations, that Act or those Regulations shall prevail and the provisions of the registered pension plan that are inconsistent with that Act or those Regulations shall not apply to the extent of the conflict. O. Reg. 290/13, s. 3; O. Reg. 347/19, s. 6.
Definitions
 4. In this Part,  “child” includes, (a)  a person of whom a judge is a legal parent, and (b)  a person whom a judge has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the person is placed for valuable consideration in a foster home by someone having lawful custody, and who meets one of the following criteria: (i)  the person is wholly dependent on the judge for support and the judge has, or immediately before the person attained the age of 19 years had, in law or in fact, custody and control of the person, (ii)  the person is the child of the judge’s spouse or common law partner; “spouse” means, (a)  a spouse as defined in section 1 of the Family Law Act, or (b)  either of two persons who have lived together in a conjugal relationship outside marriage, (i)  continuously for a period of not less than three years, or (ii)  in a relationship of some permanence, if they are the natural or adoptive parents of a child. O. Reg. 290/13, s. 4. Pensions
Pensions
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Basic service requirement
 6. The basic service requirement to qualify for a pension under this Part is that, (a)  the judge must have attained 65 years of age; and (b)  the sum of the number of years of full-time service for which the judge has credit and the judge’s age on the date the judge ceases to hold office or starts to serve on a part-time basis, whichever occurs first, must be at least 80 years. O. Reg. 290/13, s. 6.
Pension for judge who is unable to serve
 8. (1) A judge who has attained 65 years of age, has credit for at least five years of full-time service and ceases to hold office because the judge is unable to serve in office due to injury or chronic sickness is entitled to a pension under this Part during his or her lifetime. O. Reg. 290/13, s. 8 (1). (2) The annual amount of the pension mentioned in subsection (1) is an amount equal to the annual amount of the pension the judge accrued up to the earlier of the date the judge ceased to hold office and the date the judge attained the maximum age permitted under the Federal Tax Regulations. O. Reg. 290/13, s. 8 (2). (3) The amount of the pension determined under subsection (2) is subject to the adjustment set out in section 23 or 24, as applicable, and to the limit set out in section 25. O. Reg. 290/13, s. 8 (3).
Time credited as full-time service
 10. (1) For the purposes of qualification for and computation of the amount of a pension under this Part of a judge who is not entitled to a pension under subsection 7 (1), the following periods of time shall be credited to the judge as full-time service: 1.  Periods of time during which a judge who is less than 65 years of age is on a leave of absence with pay. 2.  Periods of time during which a judge who is less than 65 years of age is on pregnancy leave or parental leave without pay. 3.  Periods of time during which a judge is receiving benefits under the Long Term Income Protection Plan. O. Reg. 290/13, s. 10 (1). (2) For the purposes of subsection (1), a period of time during which a judge is on a leave of absence without pay or with reduced pay may only be credited as full-time service as follows: 1.  The period of time is a “period of disability” as defined in section 8500 of the Federal Tax Regulations. 2.  The period of time is a “qualifying period” under section 8507 of the Federal Tax Regulations and the total amount of time of the “qualifying periods” does not exceed five years. 3.  Despite paragraph 2, up to an additional three years of time that is a “qualifying period” may be credited as full-time service if the time is a “period of parenting” under section 8507 of the Federal Tax Regulations. O. Reg. 290/13, s. 10 (2). (3) For the purposes of qualification for and computation of the amount of a pension under this Part, a computation of service or age that involves part of a year shall be made on a monthly basis and, (a)  a part of a month less than 15 days shall be disregarded; and (b)  a part of a month not less than 15 days shall be deemed to be a month. O. Reg. 290/13, s. 10 (3).
Commencement, termination and monthly payments of pension
 11. (1) A pension under this Part shall commence, (a)  in the case of a person who is entitled to a pension after attaining 65 years of age, as of the first day of the month following the month in which the person entitled to the pension ceases to hold office or starts to serve on a part-time basis; or (b)  in the case of a person who is entitled to a pension before attaining 65 years of age, (i)  if the person elects to receive the pension before attaining 65 years of age, as of the first day of the month following the month in which the person makes the election, or (ii)  if the person does not elect to receive the pension before attaining 65 years of age, as of the first day of the month following the month in which the person attains 65 years of age. O. Reg. 290/13, s. 11 (1). (2) A pension under this Part is payable in monthly instalments and terminates as of the end of the month in which the person entitled to the pension dies. O. Reg. 290/13, s. 11 (2).
Accrual of pension after 1991
 12. (1) The amount that shall accrue or be deemed to have accrued in respect of a judge’s pension for each year of service after 1991, or for each year of service before 1992 that is credited after 1991, up to the date the judge attains the maximum age permitted under the Federal Tax Regulations is,  (a)  for a complete calendar year of service, 2 per cent of the judge’s salary for the year up to the defined benefit limit for the year; or (b)  for a partial year of service, 2 per cent of the judge’s salary for the year, prorated by an amount equal to the number of full days of service in the partial year divided by 209 days, up to the defined benefit limit as prorated for that part of the year. O. Reg. 290/13, s. 12 (1). (2) Service that is not eligible service under the Federal Tax Act and the Federal Tax Regulations shall not be counted as service for the purposes of this section. O. Reg. 290/13, s. 12 (2). (3) Nothing in this section entitles a judge to a pension under this Part. O. Reg. 290/13, s. 12 (3). 13. Revoked: O. Reg. 347/19, s. 8.
No entitlement to more than one pension
 14. No person is entitled to payment of more than one pension under this Part during the same month. O. Reg. 290/13, s. 14. Survivor Allowances
Survivor Allowances
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Survivor allowance — judge dies while serving
 15. (1) The spouse of a judge who dies while serving on a full-time basis and who would have been entitled to receive a pension under this Part if the judge had ceased to hold office before dying is entitled to a survivor allowance under this Part during the spouse’s lifetime. O. Reg. 290/13, s. 15 (1). (2) The annual amount of the survivor allowance under this section is an amount equal to 60 per cent of the annual amount of the pension that the judge accrued up to the earlier of the date the judge ceased to hold office and the date the judge attained the maximum age permitted under the Federal Tax Regulations. O. Reg. 290/13, s. 15 (2).
Survivor allowance — judge dies while receiving or entitled to receive pension
 16. (1) The spouse of a person who dies while receiving a pension under this Part or who dies while entitled to receive a pension under this Part after ceasing to hold office as a judge is entitled to a survivor allowance during the spouse’s lifetime. O. Reg. 290/13, s. 16 (1). (2) If the deceased person was receiving a pension under this Part on the date of his or her death, the annual amount of the survivor allowance under subsection (1) is an amount equal to 60 per cent of the annual amount of the pension. O. Reg. 290/13, s. 16 (2). (3) If the deceased person died before attaining 65 years of age and on the date of his or her death was receiving a pension under this Part computed in the same manner as an allowance or annuity under the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, the annual amount of the survivor allowance under subsection (1) shall be determined as if the deceased person had attained 65 years of age before dying. O. Reg. 290/13, s. 16 (3). (4) If the deceased person was entitled to receive but was not receiving a pension under this Part on the date of his or her death, the annual amount of the survivor allowance under subsection (1) is an amount equal to 60 per cent of the annual amount of the pension that the deceased person would have been entitled to receive if the deceased person had attained 65 years of age before dying. O. Reg. 290/13, s. 16 (4). (5) Subsections (1) to (4) do not apply to the surviving spouse of a deceased person if the spouse became that person’s spouse after the date on which the deceased person ceased to hold office. O. Reg. 290/13, s. 16 (5).
One spouse may receive survivor allowance
 17. (1) Only one spouse of a person may receive a survivor allowance under this Part. O. Reg. 290/13, s. 17 (1). (2) If two or more spouses of a person claim to be entitled to a survivor allowance under this Part, the survivor allowance shall be paid, subject to subsection 16 (5), to, (a)  the spouse with whom the person was living on the date of the person’s death, if the person was living with a spouse on that date; or (b)  the spouse chosen by the Provincial Judges Pension Board following a hearing, if the person was not living with a spouse on the date of the person’s death. O. Reg. 290/13, s. 17 (2); O. Reg. 347/19, s. 9.
Child’s entitlement; judge survived by spouse
 18. (1) The child or children of a person who is survived by a spouse are entitled on the death of the spouse to a survivor allowance if, (a)  the person died while receiving or entitled to a pension under this Part; (b)  the spouse received a survivor allowance under this Part in respect of the person; and (c)  the child or children were dependent on the spouse for support at the time of the spouse’s death. O. Reg. 290/13, s. 18 (1). (2) The annual amount of the survivor allowance under this section is an amount equal to the annual amount of the survivor allowance to which the spouse of the deceased person was entitled on the date of the spouse’s death. O. Reg. 290/13, s. 18 (2).
Child’s entitlement; judge not survived by spouse
 19. (1) The child or children of a person who dies while receiving or entitled to a pension under this Part and who is not survived by a spouse are entitled to a survivor allowance if the child or children were dependent on the person for support at the time of the person’s death. O. Reg. 290/13, s. 19 (1). (2) The annual amount of the survivor allowance under this section is an amount equal to the annual amount of the survivor allowance to which the spouse of the deceased person would be entitled under this Part if the deceased person were survived by a spouse. O. Reg. 290/13, s. 19 (2). (3) Subsection (1) does not apply in respect of a child of a deceased person and the deceased person’s spouse if they became spouses after the date on which the deceased person ceased to hold office. O. Reg. 290/13, s. 19 (3).
Termination of child’s entitlement
 20. (1) A child’s entitlement to a survivor allowance under this Part terminates when any of the following circumstances exist: 1.  The child has attained 16 years of age and has withdrawn from the control of the person entitled to custody of the child. 2.  The child has attained 18 years of age and is not in full-time attendance at a secondary school or a post-secondary educational institution recognized as such by the Provincial Judges Pension Board. 3.  The child has attained 18 years of age and five years have elapsed since the child completed secondary school. O. Reg. 290/13, s. 20 (1); O. Reg. 347/19, s. 10. (2) Despite subsection (1), a child’s entitlement to the allowance shall not terminate until he or she ceases to be dependent on the survivor allowance for support because of the disability if, (a)  on the date of the deceased person’s death, the child was dependent on the person for support due to the child’s physical or mental disability; or (b)  on the date the child’s survivor allowance would otherwise terminate under paragraphs 1 to 3 of subsection (1), the child is dependent on the survivor allowance for support due to a physical or mental disability. O. Reg. 290/13, s. 20 (2).
Commencement and termination of survivor allowance
 21. (1) A survivor allowance that is payable under this Part on the death of a person shall commence as of the first day of the month following the month in which the person dies. O. Reg. 290/13, s. 21 (1). (2) A survivor allowance under this Part is payable in monthly instalments and terminates as of the end of the month in which the event occurs that terminates the survivor allowance. O. Reg. 290/13, s. 21 (2).
No survivor allowance if entitled to life insurance
 22. No person is entitled to a survivor allowance under this Part in respect of a person in respect of whom a benefit is payable or paid under the group life insurance plan mentioned in section 11 of Schedule B of Order in Council 1273/2018. O. Reg. 290/13, s. 22; O. Reg. 57/16, s. 4; O. Reg. 347/19, s. 11. Adjustments and Federal Tax Act Limits
Adjustments and Federal Tax Act Limits
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Pension increases related to salary increases
 23. (1) Subject to subsection (2), the amount of every pension or survivor allowance that is paid under this Part to a person who is not described in paragraph 1 or 2 of subsection 5 (5) or to the spouse or child or children of such a person shall be adjusted as of April 1 of each year by the percentage increase to the full-time salary, if any, for a judge who continues to hold the office that is applicable in respect of the person in accordance with subsection 5 (2). O. Reg. 290/13, s. 23 (1). (2) If the percentage increase referred to in subsection (1) is greater than the Consumer Price Index for the same period, the adjustment under subsection (1) shall be equal to the Consumer Price Index percentage. O. Reg. 290/13, s. 23 (2). (3) The Consumer Price Index in subsection (2) shall be calculated as follows: 1.  Determine the average Consumer Price Index for the 12-month period that most recently precedes the first day of April of the year for which the pensions are to be adjusted. 2.  Divide the number determined under paragraph 1 by the average Consumer Price Index for the 12-month period immediately preceding the period referred to in paragraph 1. O. Reg. 290/13, s. 23 (3). (4) If the percentage calculated under subsection (3) does not exceed 100 per cent, the pension shall remain unchanged. O. Reg. 290/13, s. 23 (4). (5) For the purposes of this section, the Consumer Price Index means the Consumer Price Index for Canada (all-items CPI, not seasonally adjusted, historical data) as published by Statistics Canada under the authority of the Statistics Act (Canada). O. Reg. 290/13, s. 23 (5).
Indexing
 24. The amount of every pension or survivor allowance that is paid under this Part to a person who is described in paragraph 1 or 2 of subsection 5 (5) or to the spouse or child or children of such a person is subject to inflation adjustments determined in the same manner and effective as of the same day that any inflation adjustments are made to pensions payable under the Public Service Pension Plan, as set out in section 24 of Schedule 1 to the Public Service Pension Act, 1989 as it read on April 25, 2008, except that the phrase “to a maximum of 1.080 or a minimum of 1.000” shall be read as “to a minimum of 1.000” wherever it appears in that section. O. Reg. 290/13, s. 24.
Federal Tax Act limits
 25. (1) The annual amount of a pension payable to a judge for service after 1991 shall be calculated as follows: 1.  In the year in which the pension becomes payable, calculate the pension in accordance with the relevant provision under this Part. 2.  Calculate an amount that is equal to 2 per cent of the judge’s average salary, indexed in accordance with the Federal Tax Regulations, for their final three years of service multiplied by the judge’s total years of service up to the maximum benefit limit for the year in which the pension becomes payable. Partial years of service shall be prorated in the manner set out in subsection 10 (3). 3.  Take the lesser of the numbers calculated under paragraphs 1 and 2. O. Reg. 290/13, s. 25 (1); O. Reg. 347/19, s. 12 (1). (2) Service that is not eligible service under the Federal Tax Act and the Federal Tax Regulations shall not be counted as service for the purposes of this section. O. Reg. 290/13, s. 25 (2). (3) The calculation of the maximum benefit limit under paragraph 2 of subsection (1) shall be subject to the rules respecting early retirement set out in section 8503 of the Federal Tax Regulations. O. Reg. 290/13, s. 25 (3). (4) In addition to the amount calculated under subsection (1), if the pension becomes payable after a judge attains the age of 65, the annual amount of the pension that would have been payable to the judge under subsection (1) upon attaining the age of 65 shall be increased by such amount as may be permitted under the Federal Tax Regulations. O. Reg. 347/19, s. 12 (2).
Assignment of rights
 26. (1) No right of a person under this Part is capable of being assigned, charged, anticipated, given as security or surrendered. O. Reg. 290/13, s. 26 (1). (2) For the purposes of subsection (1), assignment does not include, (a)  assignment pursuant to a decree, order or judgment of a competent tribunal or a written arrangement in settlement of rights arising out of a marriage or common-law partnership between a person and the person’s spouse or common-law partner or former spouse or common-law partner, on or after the breakdown of their marriage or common-law partnership; or (b)  assignment by the legal representative of a deceased individual on the distribution of the individual’s estate. O. Reg. 290/13, s. 26 (2). (3) For the purposes of subsection (1), surrender does not include a reduction in the benefits to avoid the revocation of the registration of this Part. O. Reg. 290/13, s. 26 (3). Contributions and Refunds
Contributions and Refunds
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Judge’s contributions
 27. (1) Subject to subsection (4), every judge shall contribute an amount equal to 7 per cent of the judge’s salary to the Provincial Judges Pension Fund by way of deduction from the judge’s salary. O. Reg. 347/19, s. 13. (2) Subsection (1) does not apply to a judge who serves on a part-time basis. O. Reg. 290/13, s. 27 (2). (3) Subsection (1) does not apply to require a judge to contribute in respect of any month following the month in which the judge meets the basic service requirement or attains 70 years of age. O. Reg. 290/13, s. 27 (3). (4) A judge’s contributions under subsection (1) in respect of any calendar year of service after 1991 shall not exceed the limit for pension plan contributions under the Federal Tax Act, and shall not relate to a period after the judge has attained the maximum age under the Federal Tax Act. O. Reg. 290/13, s. 27 (4).
Minister’s contributions
 28. (1) The Minister shall cause an amount to be contributed with respect to each calendar year after 1991 to the Provincial Judges Pension Fund, in such manner and times as is required to fund the balance of the cost of the pensions, survivor allowances and refunds payable under this Part. O. Reg. 290/13, s. 28 (1); O. Reg. 347/19, s. 14 (1). (2) The amount to be contributed in a year shall be, (a)  based on an actuarial valuation; and (b)  subject to the limits set out in the Federal Tax Act and Federal Tax Regulations. O. Reg. 347/19, s. 14 (2).
Refunds for deceased judge
 29. (1) The personal representative of a judge who dies before or after ceasing to hold office is entitled to a refund of amounts contributed to the Provincial Judges Pension Fund by the judge in the circumstances described in subsection (2) and in an amount computed in accordance with subsections (3), (4) and (5). O. Reg. 290/13, s. 29 (1). (2) The circumstances referred to in subsection (1) are, (a)  that no survivor allowance is payable under this Part on the death of the judge; or (b)  that all survivor allowances payable under this Part consequent on the death of the judge have been fully paid. O. Reg. 290/13, s. 29 (2). (3) Subject to subsections (4) and (5), the amount of the refund to the personal representative is an amount equal to the sum of, (a)  the judge’s contributions under this Part, with interest from the date each contribution was made to the date the refund is paid; and (b)  the amount, if any, contributed by the judge before July 1, 1984 to the Public Service Superannuation Fund and transferred from that fund to the Provincial Judges Benefits Fund under Regulation 193 of the Revised Regulations of Ontario, 1990, including the interest that was transferred in respect of that amount, with interest from July 1, 1984 to the date the refund is paid. O. Reg. 290/13, s. 29 (3). (4) The amount calculated under subsection (3) shall be reduced by the sum of, (a)  the survivor allowance payments, if any, made under this Part in respect of the judge; and (b)  interest on each survivor allowance payment from the date the payment was made to the date the refund is paid. O. Reg. 290/13, s. 29 (4). (5) If the judge received pension payments under this Part, the amount described in subsection (3) shall be reduced by the sum of, (a)  the pension payments; and (b)  interest on each pension payment from the date the payment was made to the date the refund is paid. O. Reg. 290/13, s. 29 (5).
Refunds for judge who ceases to hold office
 30. A judge who ceases to hold office for a reason other than death before becoming entitled to a pension under this Part is entitled to a refund of his or her contributions under this Part with interest from the date each contribution was made to the date the refund is paid. O. Reg. 290/13, s. 30.
No refund
 31. (1) The portion of contributions under this Part that was allocated before 1992 to provide for group life insurance benefits is not refundable under this Part. O. Reg. 290/13, s. 31 (1). (2) No person is entitled to payment of a refund under this Part if the person is entitled to a pension under this Part, Part II.1 or Part III. O. Reg. 290/13, s. 31 (2); O. Reg. 347/19, s. 15. Family Law Matters
Family Law Matters
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Family law matters
 31.1 (1) In this section, a reference to a spouse means, where circumstances require, a former spouse. O. Reg. 57/16, s. 5. (2) Section 67.2 of the Pension Benefits Act applies with necessary modifications to the determination of the imputed value, for family law purposes, of a spouse’s interest in a registered pension plan under this Part, and the provision of a statement of that value. O. Reg. 57/16, s. 5; O. Reg. 347/19, s. 16 (1). (3) A spouse is eligible to apply for an immediate transfer of a lump sum from the registered pension plan if all of the circumstances listed in subsection 67.3 (1) of the Pension Benefits Act exist and, for the purpose, section 67.3 of that Act applies, with necessary modifications. O. Reg. 57/16, s. 5; O. Reg. 347/19, s. 16 (1). (4) A spouse is eligible to apply for the division of the pension and for the payment of the spouse’s share to him or her if all of the circumstances listed in subsection 67.4 (1) of the Pension Benefits Act exist and, for the purpose, section 67.4 of that Act applies with necessary modifications. O. Reg. 57/16, s. 5. (5) Any order made under Part I (Family Property) of the Family Law Act, family arbitration award or domestic contract respecting the division of the registered pension plan is subject to the application of section 67.5 or 67.6 of the Pension Benefits Act, as appropriate, with necessary modifications, including that a reference in one of those sections to the date on which the section comes into force shall be read as a reference to March 16, 2016. O. Reg. 57/16, s. 5; O. Reg. 347/19, s. 16 (1). (6) For the purposes of this section, (a)  a reference in sections 67.2 to 67.6 of the Pension Benefits Act to the administrator of a pension plan shall be read as a reference to the Provincial Judges Pension Board; and (b)  the references to sections 67.2 to 67.6 of the Pension Benefits Act shall be read as including the definitions of the terms used in those sections under that Act, except as otherwise provided by this Regulation. O. Reg. 57/16, s. 5; O. Reg. 347/19, s. 16 (2). Application and Transition
Application and Transition
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Application
 32. (1) Sections 33 to 41 apply in respect of every judge who holds office on or after July 1, 1984. O. Reg. 290/13, s. 32 (1). (2) Subsection (1) does not apply in respect of a judge who was reappointed to hold office on a part-time basis before October 1, 1979. O. Reg. 290/13, s. 32 (2).
Reappointed judges
 33. (1) A judge who was reappointed to hold office on a part-time basis on or after October 1, 1979 and before July 1, 1984, continued in office on a part-time basis until July 1, 1984 or later and was receiving a superannuation allowance immediately before July 1, 1984 under the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, is entitled to a pension during his or her lifetime computed in the same manner as a superannuation allowance under that Act as it read immediately before July 1, 1984. O. Reg. 290/13, s. 33 (1). (2) Subsection (1) does not apply in respect of a judge after the judge ceases to hold office or gives notice signed by the judge to the Provincial Judges Pension Board that the judge elects not to have subsection (1) apply to him or her. O. Reg. 290/13, s. 33 (2); O. Reg. 347/19, s. 17.
Judge appointed before July 1, 1984
 34. (1) A judge mentioned in subsection 32 (1) and who was appointed to hold office before July 1, 1984 is entitled, on ceasing to hold office or starting to serve on a part-time basis, to whichever of the following will provide a greater annual payment to the judge: 1.  If a judge is entitled to a pension under section 5, 7, 8 or 9, a pension computed under this Part. 2.  A pension computed in the same manner as a superannuation allowance or annuity, as the case requires, under the
Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, as it read immediately before July 1, 1984. O. Reg. 290/13, s. 34 (1). (2) Computations for the purpose of subsection (1) shall be made as of the day the judge ceases to hold office or starts to serve on a part-time basis. O. Reg. 290/13, s. 34 (2). (3) The initial annual amount of a pension computed in the same manner as an annuity in accordance with paragraph 2 of subsection (1) shall be the same as the amount that would have been payable under the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, and the Superannuation Adjustment Benefits Act, being chapter 490 of the Revised Statutes of Ontario, 1980, as they read immediately before July 1, 1984. O. Reg. 290/13, s. 34 (3). (4) A pension mentioned in subsection (3) shall commence as of the date that the annuity would have commenced under the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, as it read immediately before July 1, 1984. O. Reg. 290/13, s. 34 (4).
Judge ceases to hold office on or after October 1, 1979 and before July 1, 1984
 35. (1) This section applies in respect of every person who ceased to hold office as a judge on or after October 1, 1979 and before July 1, 1984. O. Reg. 290/13, s. 35 (1). (2) Subsection (1) does not apply in respect of a judge who was reappointed to hold office on a part-time basis before October 1, 1979. O. Reg. 290/13, s. 35 (2). (3) Subsection (1) does not apply in respect of a person mentioned in that subsection who died before July 1, 1984. O. Reg. 290/13, s. 35 (3). (4) If a person to whom subsection (1) applies did not meet the basic service requirement before ceasing to hold office, the Lieutenant Governor in Council may require the Provincial Judges Pension Board to authorize payment to the person of a pension during the person’s lifetime in such initial annual amount as is specified by the Lieutenant Governor in Council. O. Reg. 290/13, s. 35 (4); O. Reg. 347/19, s. 18. (5) A person described in subsection (1) is entitled to whichever of the following will provide a greater annual payment to the person: 1.  If a judge is entitled to a pension under section 5, 7, 8 or 9, a pension computed under this Part. 2.  A pension computed in the same manner as a superannuation allowance or annuity, as the case requires, under the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, as it read immediately before July 1, 1984. O. Reg. 290/13, s. 35 (5). (6) Computations for the purpose of subsection (5) shall be made as of July 1, 1984. O. Reg. 290/13, s. 35 (6). (7) The initial annual amount of a pension computed in the same manner as an annuity in accordance with paragraph 2 of subsection (5) shall be the same as the amount that would have been payable under the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, and the Superannuation Adjustment Benefits Act, being chapter 490 of the Revised Statutes of Ontario, 1980,
as they read immediately before July 1, 1984. O. Reg. 290/13, s. 35 (7). (8) A pension mentioned in subsection (7) that commences as of March 1, 1992 or later shall commence as of the date that the annuity would have commenced under the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, as it read immediately before July 1, 1984. O. Reg. 290/13, s. 35 (8).
Judge ceases to hold office before 65 years
 36. (1) A person who ceases to hold office before attaining 65 years of age and who is entitled to a reduced pension under section 9 and to whom section 34 applies may elect to receive a pension mentioned in paragraph 1 of subsection 34 (1) instead of a pension mentioned in paragraph 2 of subsection 34 (1). O. Reg. 290/13, s. 36 (1). (2) A person who ceased to hold office before attaining 65 years of age and who is entitled to a reduced pension under section 9 and to whom subsection 35 (1) applies may elect to receive a pension mentioned in paragraph 1 of subsection 35 (5) instead of a pension mentioned in paragraph 2 of subsection 35 (5). O. Reg. 290/13, s. 36 (2). (3) Notice of an election under subsection (1) or (2) must be given in writing signed by the person to the Provincial Judges Pension Board within three months after commencing to receive a pension. O. Reg. 290/13, s. 36 (3); O. Reg. 347/19, s. 19. (4) An election under subsection (1) or (2) is effective as of the date the person commences to receive the pension. O. Reg. 290/13, s. 36 (4). (5) Subsections 14 (2), (3), (4) and (9) of the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, as they read immediately before July 1, 1984, apply with necessary modifications in respect of the pension of a person mentioned in subsection (1) or (2) who does not make an election under subsection (1) or (2) and, for the purpose, a pension shall be deemed to be an allowance under that Act. O. Reg. 290/13, s. 36 (5).
Election of pension under Regulation 193, R.R.O. 1990
 37. A person who made an election under subsection 51 (4) of Regulation 193 of the Revised Regulations of Ontario, 1990 before July 1, 1985 is entitled, for as long as the person receives a pension computed in the same manner as a superannuation allowance or annuity under the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, as it read immediately before July 1, 1984, to have his or her pension increased annually in accordance with the election, (a)  by the lesser of the following amounts: (i)  the amount to which a similar pension would be increased under the Superannuation Adjustment Benefits Act, being chapter 490 of the Revised Statutes of Ontario, 1980, as it read immediately before July 1, 1984, and (ii)  the amount determined under subsections 23 (3) and (4) of this Regulation; or (b)  by the lesser of the following amounts: (i)  the amount determined under section 45 of Appendix A of the Framework Agreement set out in the Schedule to the Courts of Justice Act, and (ii)  the amount determined under subsections 23 (3) and (4) of this Regulation. O. Reg. 290/13, s. 37.
Transferred credit for years of service
 38. (1) A person in respect of whom credit for years of service was transferred under section 51 of Regulation 193 of the Revised Regulations of Ontario, 1990 to the benefits plan set out in that Regulation shall be given credit under this Part and Part II.1 for a number of years of full-time service as a judge equal to the number of years of service for which credit was transferred. O. Reg. 290/13, s. 38 (1); O. Reg. 347/19, s. 20. (2) There shall be deducted from the credit for service of a person under this Part a number of years of service equal to the number of years of service in relation to which the person took a return of contributions from the Provincial Judges Benefits Fund under subsection 51 (7) or (19) of Regulation 193 of the Revised Regulations of Ontario, 1990. O. Reg. 290/13, s. 38 (2). (3) There shall be deducted from the credit for service of a person under this Part a number of years of service equal to the number of years of service in relation to which the person took a refund from the Provincial Judges Benefits Fund under subsection 51 (12) of Regulation 193 of the Revised Regulations of Ontario, 1990. O. Reg. 290/13, s. 38 (3). (4) If, before July 1, 1984, a judge was making contributions under the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, in addition to the contributions the judge was required to make under that Act, the judge may continue to make such additional contributions to the Provincial Judges Pension Fund according to the same method of computation as under that Act and is entitled to credit under this Part in respect of the contributions. O. Reg. 290/13, s. 38 (4). (5) Any contributions made by a judge under subsection (4) in respect of years of service after 1991, and any contributions made or payable by the Minister in respect of those years to fund Ontario’s portion of the cost of benefits under subsection (4), shall be subject to the limits and requirements of the Federal Tax Act and Federal Tax Regulations regarding the purchase of prior service credits. O. Reg. 290/13, s. 38 (5).
Refunds from the Public Service Superannuation Fund
 39. (1) A judge mentioned in section 30 who was appointed to hold office before July 1, 1984 is entitled to a refund of an amount equal to the sum of the amounts, if any, contributed by the judge to the Public Service Superannuation Fund and the interest on those amounts transferred under section 51 of Regulation 193 of the Revised Regulations of Ontario, 1990 from that fund to the Provincial Judges Benefits Fund, less any amounts paid to the judge under subsection 51 (7) or (12) of that Regulation, together with interest on the sum from the date of the transfer to the date the refund is paid, but such amount shall not include an amount equal to any amounts contributed to the Public Service Superannuation Fund by the judge and locked in in respect of service before July 1, 1984 under subsection 17 (2) of the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980. O. Reg. 290/13, s. 39 (1). (2) Subsection (1) does not apply in respect of a judge who was appointed to office before July 1, 1984 and who receives a pension under this Part computed in the same manner as a superannuation allowance or annuity under the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980. O. Reg. 290/13, s. 39 (2).
Entitlement under Regulation 193, R.R.O. 1990
 40. (1) A person who ceased to hold office as a judge before October 1, 1979 or was reappointed to hold office as a judge on a part-time basis before October 1, 1979 and who met the basic service requirement before ceasing to hold office or being reappointed is entitled to the annual income allowance to which he or she was entitled under section 53 of Regulation 193 of the Revised Regulations of Ontario, 1990 immediately before March 1, 1992. O. Reg. 290/13, s. 40 (1). (2) If a person ceased to hold office as a judge before October 1, 1979 or was reappointed to hold office as a judge on a part-time basis before October 1, 1979 and did not meet the basic service requirement before ceasing to hold office or being reappointed, the Lieutenant Governor in Council may require the Provincial Judges Pension Board to authorize payment to the person of an annual income allowance during the person’s lifetime in such initial amount as is specified by the Lieutenant Governor in Council. O. Reg. 290/13, s. 40 (2); O. Reg. 347/19, s. 21. (3) The provisions of this Part respecting survivor allowances apply with necessary modifications in respect of a person entitled to an annual income allowance under subsection (1) or (2) and, for that purpose, the annual income allowance shall be deemed to be a pension. O. Reg. 290/13, s. 40 (3). (4) The amount of every annual income allowance under this section shall be increased by a percentage equal to the percentage increase of the salary of a judge other than the Chief Justice, a regional senior judge or the Associate Chief Justice Co-ordinator of Justices of the Peace. O. Reg. 290/13, s. 40 (4). (5) The increase in the annual income allowance shall take effect as of the same date that the increase in the salary takes effect. O. Reg. 290/13, s. 40 (5).
Survivor allowance required by LG in C
 41. (1) The Lieutenant Governor in Council may require the Provincial Judges Pension Board to authorize payment of a survivor allowance in such initial annual amount as is specified by the Lieutenant Governor in Council to the spouse or the child or children of a deceased person in respect of whom the Lieutenant Governor in Council could have required the Provincial Judges Pension Board to authorize a pension under subsection 35 (1) or an annual income allowance under subsection 40 (2) while the person was alive. O. Reg. 290/13, s. 41 (1); O. Reg. 347/19, s. 22.  (2) If the Lieutenant Governor in Council requires the Provincial Judges Pension Board to authorize payment of a survivor allowance under this section to a spouse, (a)  the survivor allowance continues during the spouse’s lifetime; and (b)  the child or children of the deceased person are entitled on the death of the spouse to a survivor allowance in an annual amount equal to the annual amount of the survivor allowance to which the spouse was entitled on the date of the spouse’s death. O. Reg. 290/13, s. 41 (2); O. Reg. 347/19, s. 22. (3) Subsection (1) and clause (2) (b) do not apply in respect of a child of the deceased person and the deceased person’s spouse if they became spouses after the date on which the deceased person ceased to hold office. O. Reg. 290/13, s. 41 (3). Part II.1   Supplemental RCA Pension Plan General
PART II.1 SUPPLEMENTAL RCA PENSION PLAN
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Purpose
 41.1 The primary purpose of this Part is to provide eligible judges whose pension benefits under Part II are limited by the Federal Tax Act or Federal Tax Regulations with a portion of their supplemental pensions to be paid from a retirement compensation arrangement, as defined in subsection 248 (1) of the Federal Tax Act, following their retirement from full-time service as judges. O. Reg. 347/19, s. 23.
Definitions
 41.2 In this Part, “child” has the same meaning as in section 4; “spouse” has the same meaning as in section 4. O. Reg. 347/19, s. 23.
Service after 1991
 41.3 A right under this Part to a supplemental RCA pension is only in respect of service on or after January 1, 1992. O. Reg. 347/19, s. 23.
Only one supplemental pension per month
 41.4 No person is entitled to payment of more than one supplemental RCA pension under this Part during the same month. O. Reg. 347/19, s. 23. Supplemental RCA Pensions
Supplemental RCA Pensions
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Entitlement to supplemental RCA pension
 41.5 (1) A judge who is entitled to a pension under section 5 or 7, subsection 8 (1), section 9, sections 33 to 37 or section 40 is entitled to a supplemental RCA pension under this Part in an amount that is equal to 2 per cent of the judge’s average salary, indexed in accordance with the Federal Tax Regulations, for their final three years of service multiplied by the judge’s years of service without regard to the defined benefit limit or maximum benefit limit, reduced by the amount that is actually payable to the judge under the applicable provision. O. Reg. 347/19, s. 23. (2) Partial years of service shall be prorated in the manner set out in subsection 10 (3). O. Reg. 347/19, s. 23. (3) In addition to the amount calculated under subsection (1), if the pension becomes payable after a judge attains the age of 65, the amount of pension that would have been payable to the judge under subsection (1) upon attaining the age of 65 shall be increased in the same manner as set out in subsection 25 (4), reduced by the amount that is actually payable to the judge under that subsection. O. Reg. 347/19, s. 23.
Exception
 41.6 Despite section 41.5, if the amount of a pension to which a judge is entitled under Part II, calculated without regard to the defined benefit limit or maximum benefit limit, is less than the defined benefit limit or maximum benefit limit, the judge is not entitled to receive a supplemental RCA pension under this Part. O. Reg. 347/19, s. 23.
Limitation
 41.7 Despite section 41.5, the total amount payable under Part II and this Part shall not exceed the amount that would be payable under Part II if the defined benefit limit or maximum benefit limit did not apply. O. Reg. 347/19, s. 23.
Terms, commencement and termination of supplemental RCA pension
 41.8 (1) If a person is entitled to a pension under Part II and to a supplemental RCA pension under this Part, the supplemental RCA pension shall be paid to the person in the same form and have the same terms, conditions, commencement date and termination date as the pension under Part II. O. Reg. 347/19, s. 23. (2) A supplemental RCA pension payable to a person under this Part shall continue for the lifetime of the person. O. Reg. 347/19, s. 23.
Time credited as full-time service
 41.9 (1) For the purpose of the calculation of a supplemental RCA pension under this Part, the following periods of time shall be credited to a judge as full-time service, whether or not the periods would qualify as full-time service under section 8500 or 8507 of the Federal Tax Regulations: 1.  For a judge who is entitled to a pension under subsection 7 (1), i.  periods of time during which the judge is on a leave of absence with pay, ii.  periods of time during which the judge is on pregnancy or parental leave without pay, and iii.  periods of time during which the judge is receiving benefits under the Long Term Income Protection Plan. 2.  For a judge who is not entitled to a pension under subsection 7 (1), i.  periods of time during which the judge who is less than 65 years of age is on a leave of absence with pay, ii.  periods of time during which the judge who is less than 65 years of age is on pregnancy or parental leave without pay, and iii.  periods of time during which the judge is receiving benefits under the Long Term Income Protection Plan. 3.  Periods of full-time service served by the judge after the last month in the calendar year in which the judge attained 71 years of age. O. Reg. 347/19, s. 23. (2) A period of time credited to a judge under subsection (1) shall be reduced by any period already credited to the judge under section 7 or 10. O. Reg. 347/19, s. 23. Survivor Allowances
Spouse’s entitlement to supplemental RCA survivor allowance
 41.10 (1) A spouse who is entitled to a survivor allowance under subsection 15 (1) is entitled to a supplemental RCA survivor allowance under this Part equal to 60 per cent of the judge’s supplemental RCA pension calculated as if the judge had continued in office on a full-time basis until attaining 75 years of age. O. Reg. 347/19, s. 23. (2) A spouse who is entitled to a survivor allowance under subsection 16 (1) is entitled to a supplemental RCA survivor allowance under this Part equal to 60 per cent of the judge’s supplemental RCA pension. O. Reg. 347/19, s. 23. (3) Only one spouse of a person may receive a supplemental RCA survivor allowance under this Part. O. Reg. 347/19, s. 23.
Child’s entitlement to supplemental survivor allowance
 41.11 A child who is entitled to a survivor allowance under subsection 18 (1) or 19 (1) is entitled to a supplemental RCA survivor allowance under this Part calculated using the same rules set out in subsection18 (2) or 19 (2), as the case may be, with reference to the amount of the RCA survivor allowance to which the spouse was or would be entitled, as the case may be. O. Reg. 347/19, s. 23.
Terms, commencement and termination of supplemental RCA survivor pension
 41.12 (1) If a person is entitled to a survivor allowance under Part II and to a supplemental RCA survivor allowance under this Part, the supplemental RCA survivor allowance shall be paid to the person in the same form and have the same terms, conditions, commencement date and termination date as the survivor allowance under Part II. O. Reg. 347/19, s. 23. (2) A supplemental RCA survivor allowance payable to a spouse under this Part shall continue for the lifetime of the spouse. O. Reg. 347/19, s. 23.
No supplemental RCA survivor allowance if entitled to life insurance
 41.13 No person is entitled to a supplemental RCA survivor allowance in respect of a person in respect of whom a benefit is payable or paid under the group life insurance plan under section 11 of Schedule B of Order in Council 1273/2018, as amended from time to time. O. Reg. 347/19, s. 23.
Transition
 41.14 Despite sections 41.10 to 41.13, if a person began receiving a survivor allowance under the provincial judges’ pension plan on or before December 31, 2019, those provisions do not apply and the payments for the survivor allowance shall be paid out of the registered pension plan and supplemental pension plan. O. Reg. 347/19, s. 23. Indexing, Contributions and Refunds
Indexing, Contributions and Refunds
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Indexing
 41.15 If a person is entitled to a pension under Part II that is subject to adjustment under section 23, 24 or 37, the person shall receive the same percentage increase to the amount of supplemental RCA pension paid under this Part. O. Reg. 347/19, s. 23.