jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Regulation, “basic service requirement” means the basic service requirement set out in section 5; “Board” means the Provincial Judges Pension Board; “Chief Judge” means the Chief Judge of the Ontario Court (Provincial Division), except that, in respect of a judge who is authorized under clause 24 (2) (a) of the Act to hear and determine proceedings in the Small Claims Court, “Chief Judge” means the Chief Justice of the Ontario Court; “child” includes a person whom someone has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody; “judge” means a provincial judge; “Long Term Income Protection Plan” means the Long Term Income Protection Plan under section 53; “parental leave” means a leave of absence under section 55; “pregnancy leave” means a leave of absence under section 54; “service” means service as a judge. O. Reg. 67/92, s. 1. PART I   SALARIES
Definitions
2. For service on and after the 1st day of April, 1991, the annual salary of a full-time judge shall be the salary set out in Column 2 of the Table to this section opposite the office held by the judge set out in Column 1. TABLE  Column 1

Column 2


Office

Salary


Chief Judge

$142,000


Regional Senior Judge

136,085


Co-ordinator of Justices of the Peace

136,085


Provincial Judge

124,250 O. Reg. 67/92, s. 2; O. Reg. 762/92, s. 1. PART II   PENSIONS AND SURVIVOR ALLOWANCES Definition
Definition
3. In this Part,  “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 or have demonstrated a settled intention to treat a child as a child of their family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody. O. Reg. 67/92, s. 3; O. Reg. 28/00, s. 1; O. Reg. 283/05, s. 1. Pensions
Pensions
5. The basic service requirement to qualify for a pension under this Part is that, (a) the judge must have attained sixty-five 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 eighty years. O. Reg. 67/92, s. 5.
Pensions
7. (1) A judge who has attained sixty-five 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 during his or her lifetime. O. Reg. 67/92, s. 7 (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 would have received if the judge had continued in office on a full-time basis until the judge attained seventy-five years of age. O. Reg. 67/92, s. 7 (2).
Pensions
9. (1) For the purposes of qualification for and computation of the amount of a pension, (a) the period of time during which a judge who is less than sixty-five years of age is on leave of absence with pay shall be credited to the judge as full-time service; (b) the period of time during which a judge who is less than sixty-five years of age is on pregnancy leave or parental leave without pay shall be credited to the judge as full-time service; and (c) the period of time during which a judge is receiving benefits under the Long Term Income Protection Plan shall be credited to the judge as full-time service. O. Reg. 67/92, s. 9 (1). (2) For the purposes of qualification for and computation of the amount of a pension, 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 fifteen days shall be disregarded; and (b) a part of a month not less than fifteen days shall be deemed to be a month. O. Reg. 67/92, s. 9 (2).
Pensions
10. (1) A judge who is refused the approval of the Chief Judge to continue in office is entitled, if the Judicial Council expresses the opinion that the approval should not have been refused, to a pension during his or her lifetime. O. Reg. 67/92, s. 10 (1). (2) The annual amount of the pension is an amount equal to the annual amount of the pension the judge would have received if the judge had continued in office on a full-time basis from the date of the refusal until the judge attained seventy-five years of age. O. Reg. 67/92, s. 10 (2).
Pensions
11. If a judge who does not meet the basic service requirement or, if appointed to office after attaining sixty years of age, has not attained seventy years of age, ceases to hold office and the Lieutenant Governor in Council is of the opinion that the ceasing to hold office was conducive to the better administration of justice, the Lieutenant Governor in Council may require the Board to authorize payment to the judge, (a) of an amount specified by the Lieutenant Governor in Council in addition to the refund of contributions to which the judge is entitled under this Part; or (b) of a pension during the judge’s lifetime in such initial annual amount as is specified by the Lieutenant Governor in Council. O. Reg. 67/92, s. 11.
Pensions
12. A pension under this Part shall commence, (a) in the case of a person who is entitled to a pension after attaining sixty-five years of age, on 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 sixty-five years of age, (i) if the person elects to receive the pension before attaining sixty-five years of age, on 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 sixty-five years of age, on the first day of the month following the month in which the person attains sixty-five years of age. O. Reg. 67/92, s. 12.
Pensions
13. (1) For the period from April 1, 1993 to March 31, 1996, the amount of every pension under this Part shall, as of April 1 of each year, be adjusted as follows: 1. Determine the Industrial Aggregate for the twelve months immediately preceding the day as of which the adjustment is to be made. 2. Determine the Industrial Aggregate for the twelve-month period immediately preceding the twelve-month period referred to in paragraph 1. 3. Calculate the percentage that the Industrial Aggregate under paragraph 1 is of the Industrial Aggregate under paragraph 2. 4. If the percentage calculated under paragraph 3 exceeds 100 per cent, multiply the amount of the pension by that percentage or by 107 per cent, whichever is less. 5. If the percentage calculated under paragraph 3 does not exceed 100 per cent, the amount of the pension remains unchanged. O. Reg. 460/93, s. 3. (2) The Industrial Aggregate for a twelve-month period is the average, for that period, of the weekly wages and salaries of the Industrial Aggregate in Canada as published by Statistics Canada. O. Reg. 460/93, s. 3.
Pensions
14. 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. 67/92, s. 14.
Pensions
15. For the twelve-month period beginning on the 1st day of April of each year, the amount of the pension of a judge who is serving on a part-time basis shall be reduced by the amount, if any, by which the full-time salary of a judge of the same judicial rank is less than the sum of the following amounts: 1. The amount the part-time judge would otherwise be entitled to in the twelve-month period as a pension. 2. The amount of remuneration the judge is entitled to in the twelve-month period for serving on a part-time basis. 3. The amount of salary paid to the judge for full-time service in the twelve-month period. O. Reg. 67/92, s. 15; O. Reg. 167/93, s. 2.
Pensions
16. No person is entitled to payment of two pensions under this Part during the same month. O. Reg. 67/92, s. 16. Survivor Allowances
Survivor Allowances
17. (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 during the spouse’s lifetime. O. Reg. 28/00, s. 2; O. Reg. 283/05, s. 2. (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 would have received if the judge had continued in office on a full-time basis until the judge attained seventy-five years of age. O. Reg. 67/92, s. 17 (2).
Survivor Allowances
18. (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. 28/00, s. 3 (1); O. Reg. 283/05, s. 3 (1). (2) If the deceased person was receiving a pension at the date of 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. 67/92, s. 18 (2). (3) If the deceased person died before attaining sixty-five years of age and was receiving a pension at the date of death computed in the same manner as an allowance or annuity under the Public Service Superannuation Act (R.S.O. 1980, c. 419), the annual amount of the survivor allowance under subsection (1) shall be determined as if the deceased person had attained sixty-five years of age before dying. O. Reg. 67/92, s. 18 (3). (4) If the deceased person was entitled to receive but was not receiving a pension at the date of 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 sixty-five years of age before dying. O. Reg. 67/92, s. 18 (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. 283/05, s. 3 (2).
Survivor Allowances
19. (1) Only one survivor allowance is payable to a spouse under this Part. O. Reg. 283/05, s. 4. (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 18 (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 Board following a hearing, if the person was not living with a spouse on the date of the person’s death. O. Reg. 283/05, s. 4.
Survivor Allowances
20. (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; and (b) the spouse received a survivor allowance under this Part in respect of the person. O. Reg. 283/05, s. 4. (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. 283/05, s. 4.
Survivor Allowances
21. (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. O. Reg. 283/05, s. 4. (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. 283/05, s. 4. (3) Subsection (1) does not apply in respect of a child of a deceased person and the spouse of the deceased person if they became spouses after the date on which the deceased person ceased to hold office. O. Reg. 283/05, s. 4.
Survivor Allowances
22. (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 sixteen years of age and has withdrawn from the control of the person entitled to custody of the child. 2. The child has attained eighteen years of age and is not attending a secondary school or a post-secondary educational institution recognized as such by the Board. 3. The child has attained eighteen years of age and five years have elapsed since the child completed secondary school. O. Reg. 67/92, s. 22 (1). (2) Despite subsection (1), if the child is dependent on the survivor allowance because of a physical or mental disability when the entitlement to the allowance would terminate under subsection (1), the entitlement to the allowance shall not terminate until the child ceases to be dependent on the survivor allowance because of the disability. O. Reg. 67/92, s. 22 (2).
Survivor Allowances
23. (1) The Lieutenant Governor in Council may require the 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 Board to authorize a pension under section 11 while the person was alive. O. Reg. 283/05, s. 5. (2) If the Lieutenant Governor in Council requires the 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. 283/05, s. 5. (3) Subsection (1) and clause (2) (b) do not apply in respect of a child of the deceased person and the spouse of the deceased person if they became spouses after the date on which the deceased person ceased to hold office as a judge. O. Reg. 283/05, s. 5.
Survivor Allowances
24. 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. 67/92, s. 24.
Survivor Allowances
25. If a survivor allowance under this Part is payable to a survivor of a judge described in clause 4 (3.1) (a) or (b), the amount of that survivor allowance 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 by the Public Service Pension Plan under section 24 of Schedule 1 to the Public Service Pension Act, 1989 as it read on the day this section comes into force, 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. 508/07, s. 4.
Survivor Allowances
26. A survivor allowance 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. 67/92, s. 26.
Survivor Allowances
27. 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 under section 58. O. Reg. 67/92, s. 27. Contributions and Refunds
Contributions and Refunds
28. (1) Every judge shall contribute by deduction from salary an amount equal to 7 per cent of the judge’s salary. O. Reg. 460/93, s. 5 (1). (1.1) Subsection (1) does not apply to a judge who serves on a part-time basis. O. Reg. 167/93, s. 3. (2) 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 seventy years of age. O. Reg. 67/92, s. 28 (2). (3) Contributions under subsection (1) may be apportioned by the Board to provide for entitlements under this Part and group life insurance benefits under section 58. O. Reg. 460/93, s. 5 (2). (4) The portions of contributions allocated to provide for entitlements under this Part shall be paid to the Provincial Judges Pension Fund. O. Reg. 460/93, s. 5 (2). (5) The portions of contributions allocated to provide for group life insurance benefits shall be paid to the Consolidated Revenue Fund. O. Reg. 67/92, s. 28 (5).
Contributions and Refunds
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. 67/92, 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. 67/92, 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) that portion of the judge’s contributions under this Part allocated to the provision of a survivor allowance with interest on each allocated amount from the date it was contributed to the date the refund is paid; and (b) the amount, if any, contributed by the judge before the 1st day of July, 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 the 1st day of July, 1984 to the date the refund is paid. O. Reg. 67/92, 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. 67/92, s. 29 (4). (5) If the judge received pension payments under this Part, the amount described in clause (3) (b) 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. 67/92, s. 29 (5).
Contributions and Refunds
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 that portion of the judge’s contributions under this Part allocated to the provision of a survivor allowance with interest on each amount allocated from the date it was contributed to the date the refund is paid. O. Reg. 67/92, s. 30.
Contributions and Refunds
31. The portion of contributions under this Part that is allocated to provide for group life insurance benefits is not refundable under this Part. O. Reg. 67/92, s. 31.
Contributions and Refunds
32. No person is entitled to payment of a refund if the person is entitled to a pension under this Part. O. Reg. 67/92, s. 32. Administration
Administration
33. (1) The Provincial Judges Benefits Board is continued under the name Provincial Judges Pension Board in English and Commission de retraite des juges provinciaux in French. O. Reg. 67/92, s. 33 (1). (2) The Board shall be composed of three members who shall be appointed by the Lieutenant Governor in Council. O. Reg. 67/92, s. 33 (2). (3) The Lieutenant Governor in Council shall designate a chair from among the members of the Board. O. Reg. 67/92, s. 33 (3). (4) Each member of the Board shall hold office for three years and until a successor is appointed. O. Reg. 67/92, s. 33 (4). (5) Members of the Board may be reappointed when their terms of office expire. O. Reg. 67/92, s. 33 (5). (6) Two members of the Board constitute a quorum and are sufficient for the exercise of all the authority of the Board. O. Reg. 67/92, s. 33 (6). (7) It is the duty of the Board to administer the pension and survivor allowance benefits provided under this Part. O. Reg. 67/92, s. 33 (7). (8) The Board shall make a report annually to the Chair of the Management Board of Cabinet containing such information as the Chair requires concerning the work of the Board and the Chair shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. O. Reg. 67/92, s. 33 (8).
Administration
34. (1) The Provincial Judges Benefits Fund is continued under the name Provincial Judges Pension Fund in English and Caisse de retraite des juges provinciaux in French. O. Reg. 67/92, s. 34 (1). (2) The Fund shall consist of contributions and money paid, transferred or credited to the Fund, less money paid out under this Part. O. Reg. 67/92, s. 34 (2). (3) The Minister of Finance is the custodian of the Fund. O. Reg. 67/92, s. 34 (3). (4) The fiscal year of the Fund shall be the same as the fiscal year of the Consolidated Revenue Fund. O. Reg. 67/92, s. 34 (4). (5) The account in the accounts of Ontario known as the Provincial Judges Benefits Fund Account is continued under the name Provincial Judges Pension Fund Account in English and Compte de la caisse de retraite des juges provinciaux in French and all receipts and disbursements of the Fund shall be entered in the Account. O. Reg. 67/92, s. 34 (5). (6) The Fund and the Account shall be audited by the Provincial Auditor who shall make an annual report to the Treasurer and the Treasurer shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session, or, if not, at the next session. O. Reg. 67/92, s. 34 (6).
Administration
35. The Board may establish procedures for making payments out of the Provincial Judges Pension Fund for the purpose of this Part and no payment shall be made out of the Fund unless it is authorized by the Board or made in accordance with those procedures. O. Reg. 67/92, s. 35.
Administration
36. (1) Interest payable on amounts under this Part shall be compounded each year as of December 31 at a rate for the year that is the average monthly yield in the calendar year of five-year personal fixed term chartered bank deposit rates as determined from the Canadian Socio-Economic Information Management (CANSIM) Series B 14045 published monthly in the Bank of Canada Review. O. Reg. 29/02, s. 2. (2) If interest is to be paid to a day that is before December 31 in a year, interest shall be computed from January 1 of the year at a rate that is the average monthly yield in the calendar year of five-year personal fixed term chartered bank deposit rates as determined from the Canadian Socio-Economic Information Management (CANSIM) Series B 14045 published monthly in the Bank of Canada Review to the most recent of December of the previous year or March, June or September of the year. O. Reg. 29/02, s. 2. Application and Transition
Application and Transition
37. (1) This Part applies in respect of every judge who holds office on or after the 1st day of July, 1984. O. Reg. 67/92, s. 37 (1). (2) Subsection (1) does not apply in respect of a judge who was reappointed to hold office on a part-time basis before the 1st day of October, 1979. O. Reg. 67/92, s. 37 (2).
Application and Transition
38. (1) A judge who was reappointed to hold office on a part-time basis on or after the 1st day of October, 1979 and before the 1st day of July, 1984, continued in office on a part-time basis on or after the 1st day of July, 1984 and was receiving a superannuation allowance immediately before the 1st day of July, 1984 under the Public Service Superannuation Act (R.S.O. 1980, c. 419) is entitled to a pension during his or her lifetime computed in the same manner as a superannuation allowance under that Act as it was immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 38 (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 Board that the judge elects not to have subsection (1) apply to him or her. O. Reg. 67/92, s. 38 (2).
Application and Transition
39. (1) A judge to whom subsection 37 (1) applies and who was appointed to hold office before the 1st day of July, 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. A pension computed under this Part, if the judge is entitled to the pension under this Part other than this section. 2. A pension computed in the same manner as a superannuation allowance or annuity, as the case requires, under the Public Service Superannuation Act (R.S.O. 1980, c. 419) as it was immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 39 (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. 67/92, s. 39 (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 (R.S.O. 1980, c. 419) and the Superannuation Adjustment Benefits Act (R.S.O. 1980, c. 490) as they were immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 39 (3). (4) A pension mentioned in subsection (3) shall commence on the date that the annuity would have commenced under the said Public Service Superannuation Act as it was immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 39 (4).
Application and Transition
40. (1) This Part applies in respect of every person who ceased to hold office as a judge on or after the 1st day of October, 1979 and before the 1st day of July, 1984. O. Reg. 67/92, s. 40 (1). (2) Subsection (1) does not apply in respect of a judge who was reappointed to hold office on a part-time basis before the 1st day of October, 1979. O. Reg. 67/92, s. 40 (2). (3) Subsection (1) does not apply in respect of a person mentioned in that subsection who died before the 1st day of July, 1984. O. Reg. 67/92, s. 40 (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 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. 67/92, s. 40 (4).
Application and Transition
41. (1) A person to whom subsection 40 (1) applies is entitled to whichever of the following will provide a greater annual payment to the person: 1. A pension computed under this Part, if the person is entitled to the pension under this Part other than this section. 2. A pension computed in the same manner as a superannuation allowance or annuity, as the case requires, under the Public Service Superannuation Act (R.S.O. 1980, c. 419) as it was immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 41 (1). (2) Computations for the purpose of subsection (1) shall be made as of the 1st day of July, 1984. O. Reg. 67/92, s. 41 (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 (R.S.O. 1980, c. 419) and the Superannuation Adjustment Benefits Act (R.S.O. 1980, c. 490) as they were immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 41 (3). (4) A pension mentioned in subsection (3) that commences on or after the 1st day of March, 1992 shall commence on the date that the annuity would have commenced under the said Public Service Superannuation Act, as it was immediately before the 1st day of July, 1984. O. Reg. 67/92, s. 41 (4).
Application and Transition
42. (1) A person who ceases to hold office before attaining sixty-five years of age and who is entitled to a reduced pension under section 8 and to whom section 39 applies may elect to receive a pension mentioned in paragraph 1 of subsection 39 (1) instead of a pension mentioned in paragraph 2 of subsection 39 (1). O. Reg. 67/92, s. 42 (1). (2) A person who ceased to hold office before attaining sixty-five years of age and who is entitled to a reduced pension under section 8 and to whom section 41 applies may elect to receive a pension mentioned in paragraph 1 of subsection 41 (1) instead of a pension mentioned in paragraph 2 of subsection 41 (1). O. Reg. 67/92, s. 42 (2). (3) Notice of an election under subsection (1) or (2) must be given in writing signed by the person to the Board within three months after commencing to receive a pension. O. Reg. 67/92, s. 42 (3). (4) An election under subsection (1) or (2) is effective as of the date the person commences to receive the pension. O. Reg. 67/92, s. 42 (4). (5) Subsections 14 (2), (3), (4) and (9) of the Public Service Superannuation Act (R.S.O. 1980, c. 419), as it was immediately before the 1st day of July, 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. 67/92, s. 42 (5).
Application and Transition
43. A person who made an election under subsection 51 (4) of Regulation 193 of the Revised Regulations of Ontario, 1990 before the 1st day of July, 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 (R.S.O. 1980, c. 419), as it was immediately before the 1st day of July, 1984, to have his or her pension increased annually in accordance with the election, (a) by an amount equal to the amount to which a similar pension would be increased under the Superannuation Adjustment Benefits Act (R.S.O. 1980, c. 490), as it was immediately before the 1st day of July, 1984, instead of by the amount determined under section 13; or (b) by the amount determined under section 13. O. Reg. 67/92, s. 43.
Application and Transition
44. (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 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. 67/92, s. 44 (1). (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. 67/92, s. 44 (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. 67/92, s. 44 (3). (4) If, before the 1st day of July, 1984, a judge was making contributions under the Public Service Superannuation Act (R.S.O. 1980, c. 419) 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. 67/92, s. 44 (4).
Application and Transition
45. (1) A judge mentioned in section 30 who was appointed to hold office before the 1st day of July, 1984 is also 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 Regulation 193 of the Revised Regulations of Ontario, 1990, 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 the 1st day of July, 1984 under subsection 17 (2) of the Public Service Superannuation Act (R.S.O. 1980, c. 419). O. Reg. 67/92, s. 45 (1). (2) Subsection (1) does not apply in respect of a judge who was appointed to office before the 1st day of July, 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 (R.S.O. 1980, c. 419). O. Reg. 67/92, s. 45 (2).
Application and Transition
46. (1) A person who ceased to hold office as a judge before the 1st day of October, 1979 or was reappointed to hold office as a judge on a part-time basis before the 1st day of October, 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 the 1st day of March, 1992. O. Reg. 67/92, s. 46 (1). (2) If a person ceased to hold office as a judge before the 1st day of October, 1979 or was reappointed to hold office as a judge on a part-time basis before the 1st day of October, 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 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. 67/92, s. 46 (2). (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. 67/92, s. 46 (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 Judge, a regional senior judge or the Co-ordinator of Justices of the Peace. O. Reg. 67/92, s. 46 (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. 67/92, s. 46 (5).
Application and Transition
47. (1) The Lieutenant Governor in Council may require the 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 Board to authorize a pension under subsection 40 (4) or an annual income allowance under subsection 46 (2) while the person was alive. O. Reg. 283/05, s. 6. (2) If the Lieutenant Governor in Council requires the 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. 283/05, s. 6. (3) Subsection (1) and clause (2) (b) do not apply in respect of a child of the deceased person and the spouse of the deceased person if they became spouses after the date on which the deceased person ceased to hold office as a judge. O. Reg. 283/05, s. 6. PART III   OTHER BENEFITS General
General
48. (1) In this Part,  “spouse” means, (a) a spouse as defined in section 1 of the Family Law Act, or (b) either of two persons who live together in a conjugal relationship outside marriage. O. Reg. 28/00, s. 7; O. Reg. 283/05, s. 7. (2) For the purpose of this Part, a child of a judge is a dependent child of the judge if the child, (a) has not attained sixteen years of age; (b) has attained sixteen years of age, has not withdrawn from parental control and has not attained eighteen years of age; or (c) did not withdraw from parental control before attaining eighteen years of age and, since attaining eighteen years of age, (i) has been in continuous attendance at either or both of a secondary school or, for a maximum of five years after secondary school, a post-secondary educational institution recognized as such by the Board, or (ii) has been continuously dependent on the judge because of a physical or mental disability. O. Reg. 67/92, s. 48 (2).
General
49. This Part applies only to a judge who is serving on a full-time basis. O. Reg. 67/92, s. 49. Holidays
Holidays
50. (1) A judge is entitled to a holiday in each year on each of the following days: 1. New Year’s Day. 1.1 Family Day. 2. Good Friday. 3. Easter Monday. 4. Victoria Day. 5. Canada Day. 6. The first Monday in August. 7. Labour Day. 8. Thanksgiving Day. 9. Remembrance Day. 10. Christmas Day. 11. Boxing Day. 12. Any special holiday proclaimed by the Governor General or the Lieutenant Governor. O. Reg. 67/92, s. 50 (1); O. Reg. 571/07, s. 1. (2) A special holiday under paragraph 12 of subsection (1) that falls during a vacation leave of absence shall be computed as part of the leave of absence, but no other holidays shall be computed as part of a vacation leave of absence. O. Reg. 67/92, s. 50 (2). (3) When a holiday specified in subsection (1) falls on a Saturday or Sunday, the following Monday is a holiday and, in addition, when Christmas Day falls on a Saturday or Sunday, the following Tuesday is a holiday. O. Reg. 67/92, s. 50 (3). (4) A judge who is required to work on a holiday is entitled to a compensating day as a holiday. O. Reg. 67/92, s. 50 (4). Vacation
Vacation
51. (1) A judge is entitled to accumulate vacation credits in each year at the rate of 2½ days per month. O. Reg. 67/92, s. 51 (1). (2) The vacation days that a judge is entitled to accumulate in a year under subsection (1) shall be credited to the judge on the 1st day of January in the year or on the day in the year when the judge first becomes a judge, whichever is later. O. Reg. 67/92, s. 51 (2). (3) From the vacation days credited to a judge in a year in accordance with subsections (1) and (2) there shall be deducted, to a maximum of the days credited to the judge in the year, 2½ days per month for, (a) each whole calendar month in the year throughout which the judge is on leave of absence without pay, other than pregnancy leave or parental leave without pay; (b) each whole calendar month in the year after the month in which the judge ceases to be a judge or starts to serve on a part-time basis under section 44 of the Act; and (c) any calendar month wholly comprised of consecutive periods of less than a month for which credit would be deducted under clause (a) or (b) if the periods were whole calendar months. O. Reg. 67/92, s. 51 (3). (4) With the approval of the Chief Judge, a judge may take leave of absence with pay in respect of some or all of the judge’s accumulated vacation credits at the rate of one day of leave of absence with pay for each day of vacation credit to which the judge is entitled, and the judge’s accumulated vacation credits shall be reduced by the leave of absence with pay taken. O. Reg. 67/92, s. 51 (4). (5) If, after giving effect in any year to the deductions mentioned in subsections (3) and (4), a judge’s accumulated vacation credits at the end of the year exceed thirty, the excess shall be deducted from the judge’s accumulated vacation credits before vacation credits for the ensuing year are credited to the judge. O. Reg. 67/92, s. 51 (5). (6) Each day or part of a day by which a leave of absence with pay taken by a judge under subsection (4) exceeds the judge’s accumulated vacation credits after making any deduction required by subsection (3) or (5) shall be deducted from the judge’s vacation credits, and the judge shall repay to the Crown the salary paid to the judge for any day or part of a day of the leave of absence with pay that cannot be so deducted. O. Reg. 67/92, s. 51 (6). (7) A judge who ceases to hold office or starts to serve on a part-time basis shall be paid, in an amount computed at the rate of the judge’s last regular salary, for any unused vacation days standing to the judge’s credit when the judge ceases to hold office or starts to serve on a part-time basis. O. Reg. 67/92, s. 51 (7); O. Reg. 460/93, s. 6. (8) A judge is entitled to be paid, on his or her request, in an amount computed at the rate of the judge’s last regular salary, for any unused vacation standing to the judge’s credit when the judge qualifies for payments under the Long Term Income Protection Plan. O. Reg. 67/92, s. 51 (8). Sickness and Disability
Sickness and Disability
52. (1) A judge who is unable to attend to his or her duties due to sickness or injury is entitled to leave of absence with pay for 130 working days in each year. O. Reg. 67/92, s. 52 (1). (2) A judge is not entitled to leave of absence with pay under subsection (1) until after completion of twenty consecutive working days in office. O. Reg. 67/92, s. 52 (2). (3) A leave of absence with pay under subsection (1) that begins in one year and continues unbroken into the following year shall not exceed 130 consecutive working days. O. Reg. 67/92, s. 52 (3). (4) A judge who was on leave of absence described in subsection (3) for 130 working days is not entitled to the balance of the leave of absence under subsection (1) until after completion of twenty consecutive working days in office. O. Reg. 67/92, s. 52 (4). (5) A judge who had attendance credits standing to his or her credit under Regulation 749 of the Revised Regulations of Ontario, 1970 immediately before the 1st day of January, 1976 and who is absent from his or her duties due to sickness or injury for more than the total number of days of leave of absence with pay provided by subsection (1) shall have his or her accumulated attendance credits reduced by the number of days that the absence exceeds the leave of absence provided by subsection (1) and is entitled to leave of absence with pay on each day for which his or her accumulated attendance credits are reduced. O. Reg. 67/92, s. 52 (5). (6) Subsection (5) does not apply to a judge who qualifies for and elects to receive benefits under the Long Term Income Protection Plan instead of using his or her accumulated attendance credits. O. Reg. 67/92, s. 52 (6). (7) The Chief Judge may require a judge who claims a leave of absence due to sickness or injury to submit a medical certificate in respect of the leave of absence from a legally qualified medical practitioner. O. Reg. 67/92, s. 52 (7).
Sickness and Disability
53. (1) The Crown may enter into an agreement with an insurance underwriter for the purpose of providing judges a long term income protection plan. O. Reg. 67/92, s. 53 (1). (2) The Long Term Income Protection Plan shall provide 662/3 per cent of the regular salary of a judge who, (a) is totally disabled; (b) is under the care of or is receiving treatment from a legally qualified medical practitioner; and (c) is not, except for the purpose of rehabilitation, engaged in any occupation or employment for which the judge receives a wage or profit. O. Reg. 67/92, s. 53 (2). (3) The benefits provided by the Long Term Income Protection Plan to a judge shall commence immediately after a qualifying period of six continuous months of total disability and shall continue until the earliest of the following events: 1. Termination of the total disability. 2. Death of the judge. 3. The end of the month in which the judge attains the age of sixty-five years. O. Reg. 67/92, s. 53 (3). (4) The benefit referred to in subsection (2) of 662/3 per cent of the regular salary of a full-time judge, (a) shall be computed with reference to the regular salary of a full-time judge or equal rank as of the date of each payment of the benefit; and (b) shall be reduced by an amount equal to the total of, (i) any retirement or disability benefits payable to the judge under the Canada Pension Plan, (ii) any disability benefits payable to the judge under any workers’ compensation legislation, and (iii) any pension payable to the judge under Part II. O. Reg. 67/92, s. 53 (4). (5) Except as stated in this section, the benefits provided to judges under the Long Term Income Protection Plan shall be those set out in the agreement made with the insurance underwriter. O. Reg. 67/92, s. 53 (5). (6) The Crown shall pay 85 per cent of the premiums for the Long Term Income Protection Plan and each judge who participates in the Long Term Income Protection Plan shall contribute to the payment of the balance of the premiums by deduction from salary of an amount that is in the same proportion to the balance of the premiums as the judge’s salary is to the aggregate of the salaries of all the judges who participate in the Long Term Income Protection Plan. O. Reg. 67/92, s. 53 (6). (7) Every judge must participate in the Long Term Income Protection Plan. O. Reg. 67/92, s. 53 (7). (8) Subsection (7) does not apply to a judge who was appointed to office before the 1st day of July, 1984 and who did not participate in the Long Term Income Protection Plan under the Public Service Act. O. Reg. 67/92, s. 53 (8). (9) In this section, “total disability” means the continuous inability, as the result of illness or injury, to perform the principal duties of a judge and “totally disabled” has a corresponding meaning. O. Reg. 67/92, s. 53 (9). Pregnancy Leave and Parental Leave