Pensions
6. (1) A judge who ceases to hold office or is serving on a part-time basis under section 44 of the Act is entitled to a pension during his or her lifetime if the judge, (a) was appointed to office after attaining sixty years of age but before attaining sixty-five years of age; and (b) continued as a full-time judge until attaining seventy years of age. O. Reg. 67/92, s. 6 (1). (2) The annual amount of the pension mentioned in subsection (1) is the amount equal to the percentage determined under subsection (3) of the greatest of the amounts set out in paragraphs 1 to 6 of subsection 4 (2) that applies to the judge, if the judge is not a judge described in clause 4 (3.1) (a) or (b). O. Reg. 508/07, s. 2 (1). (3) The percentage mentioned in subsection (2) is set out in Column 2 of the Table to this subsection opposite the age in Column 1 at which the judge was appointed to office. TABLE  Column 1

Column 2


Age at Appointment

Percentage


60

45


61

40


62

35


63

30


64

25 O. Reg. 67/92, s. 6 (3). (3.1) The amount of the pension mentioned in subsection (1) for a judge described in clause 4 (3.1) (a) or (b) is determined as follows: 1. The initial annual amount of the pension is the amount equal to the percentage determined under subsection (3.2) of the greatest of the amounts described under paragraphs 1 to 6 of subsection 4 (2) that apply to the judge. 2. The amount of the pension 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 subsection 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. 2 (2). (3.2) The percentage mentioned in paragraph 1 of subsection (3.1) is set out in Column 2 of the Table to this subsection opposite the age in Column 1 at which the judge was appointed to office. TABLE  Column 1

Column 2


Age at Appointment

Percentage


60

56


61

50


62

44


63

38


64

32 O. Reg. 508/07, s. 2 (2). (4) For a judge mentioned in subsection (1) who attains more than 70 years of age before ceasing to hold office or starting to serve on a part-time basis, (a) the percentage determined in accordance with subsection (3) is increased by 1 per cent for each year that the judge served on a full-time basis after attaining 70 years of age, if the judge is not a judge described in clause 4 (3.1) (a) or (b); and (b) the percentage determined in accordance with subsection (3.1) is increased, if the judge is a judge described in clause 4 (3.1) (a) or (b), (i) by 1 per cent for each year that the judge served on a full-time basis after attaining 70 years of age, and (ii) by an additional 1 per cent for each year of age in excess of 60 years that the judge had attained on or before the day the judge was appointed to office. O. Reg. 508/07, s. 2 (3). (5) For the purposes of qualification for and computation of the amount of a pension of a judge appointed to office after attaining sixty years of age but before attaining sixty-five years of age, (a) the period of time during which the judge is on leave of absence with pay shall be credited to the judge as full-time service; (b) the period of time during which the judge 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 the 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. 6 (5).