Pensions
4. (1) A judge who ceases to hold office or is serving on a part-time basis under section 47 of the Act is entitled to a pension during his or her lifetime if the judge meets the basic service requirement. O. Reg. 67/92, s. 4 (1); O. Reg. 29/02, s. 1 (1). (2) The annual amount of the pension for a judge who is not a judge described in clause (3.1) (a) or (b) is the amount equal to the percentage determined under subsection (3) of the greatest of the following amounts that applies to the judge: 1. The salary of the Chief Justice, in the case of, i. a Chief Justice who ceases to hold office as a judge under subsection 47 (1) of the Act on or after attaining the age for retirement or who resigns under subsection 48 (1) of the Act, ii. a judge who held the office of Chief Justice and who held the office of Chief Justice, regional senior judge or Co-ordinator of Justices of the Peace for a total of five years or more, or iii. a judge who held the office of Chief Justice and who was appointed to hold office, on or after February 28, 1995, as Chief Justice, Associate Chief Justice, Associate Chief Justice Co-ordinator of Justices of the Peace or regional senior judge and who held one or more of those offices for a total of three years or more. 1.1 The salary of an Associate Chief Justice, in the case of, i. an Associate Chief Justice or Associate Chief Justice Co-ordinator of Justices of the Peace who ceases to hold office as a judge under subsection 47 (1) of the Act on or after attaining the age for retirement or who resigns under subsection 48 (1) of the Act, ii. a judge who held the office of Associate Chief Justice or Associate Chief Justice Co-ordinator of Justices of the Peace who was appointed to hold office, on or after February 28, 1995, as Associate Chief Justice, Associate Chief Justice Co-ordinator of Justices of the Peace or regional senior judge and who held one or more of those offices for a total of three years or more. 2. The salary of a regional senior judge, in the case of, i. a regional senior judge or Co-ordinator of Justices of the Peace who ceases to hold office as a judge under subsection 47 (1) of the Act on or after attaining the age for retirement or who resigns under subsection 48 (1) of the Act, ii. a judge who held the office of regional senior judge or Co-ordinator of Justices of the Peace for a total of five years or more, or iii. a judge who was appointed to hold office, on or after February 28, 1995, as regional senior judge and who held that office for three years or more. 3. The salary of the Chief Judge, in the case of a judge who held the office of chief judge before the 1st day of September, 1990. 4. 95.84 per cent of the salary of the Chief Judge, in the case of a judge who held the office of associate chief judge or Senior Master before the 1st day of September, 1990. 5. 93.34 per cent of the salary of the Chief Judge, in the case of a judge who held the office of senior judge before the 1st day of September, 1990. 6. The salary of a full-time provincial judge. O. Reg. 67/92, s. 4 (2); O. Reg. 29/02, s. 1 (2); O. Reg. 508/07, s. 1 (1). (3) The percentage mentioned in subsection (2) is the percentage set out in Column 2 of the Table to this subsection opposite the age in Column 1 at which the judge ceased to hold office or started to serve on a part-time basis, whichever occurred first, adjusted in accordance with subsection (4). TABLE  Column 1

Column 2


Age at ceasing to hold office or starting on part-time basis

Percentage


65

45


66

46


67

47


68

48


69

49


70

50


71

51


72

52


73

53


74

54


75

55 O. Reg. 67/92, s. 4 (3); O. Reg. 460/93, s. 1 (1). (3.1) The amount of the pension for a judge is determined in accordance with subsection (3.2) if, (a) the judge is appointed to office on or after June 1, 2007; or (b) the judge was appointed to office before June 1, 2007, and makes a one-time irrevocable election no later than six months after this subsection comes into force or May 1, 2008, whichever occurs last, to have his or her pension determined under the rules applicable for judges appointed to office on or after June 1, 2007. O. Reg. 508/07, s. 1 (2). (3.2) The amount of the pension for a judge described in clause (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 (3.3) of the greatest of the amounts described under paragraphs 1 to 6 of subsection (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. 1 (2). (3.3) The percentage mentioned in paragraph 1 of subsection (3.2) is the percentage set out in Column 2 of the Table to this subsection opposite the age in Column 1 at which the judge ceased to hold office or started to serve on a part-time basis, whichever occurred first, adjusted in accordance with subsection (4). TABLE  Column 1

Column 2


Age at ceasing to hold office or starting on part-time basis

Percentage


65

56


66

57


67

58


68

59


69

60


70

61


71

62


72

63


73

64


74

65


75

66 O. Reg. 508/07, s. 1 (2). (4) The percentage mentioned in subsection (3) or paragraph 1 of subsection (3.2) shall be increased by one point for every year of full-time service in excess of fifteen that is served before the judge attains the age of sixty-five. O. Reg. 460/93, s. 1 (2); O. Reg. 508/07, s. 1 (3). (5) Subsection (4) applies whether the judge ceases to hold office or starts to serve on a part-time basis before or after August 1, 1993. O. Reg. 460/93, s. 1 (2).