ontario regulation 508/07
made under the
Courts of Justice Act
Made: August 22, 2007
Filed: August 27, 2007
Published on e-Laws: August 28, 2007
Printed in The Ontario Gazette: September 15, 2007
Amending O. Reg. 67/92
(Salaries and Benefits of Provincial Judges)
1. (1) Subsection 4 (2) of Ontario Regulation 67/92 is amended by striking out the portion before paragraph 1 and substituting the following:
(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:
. . . . .
(2) Section 4 of the Regulation is amended by adding the following subsections:
(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.
(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.
(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
(3) Subsection 4 (4) of the Regulation is amended by striking out “subsection (2)” and substituting “subsection (3) or paragraph 1 of subsection (3.2)”.
2. (1) Subsection 6 (2) of the Regulation is revoked and the following substituted:
(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).
(2) Section 6 of the Regulation is amended by adding the following subsections:
(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.
(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
(3) Subsection 6 (4) of the Regulation is revoked and the following substituted:
(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.
3. (1) Subsection 8 (1) of the Regulation is revoked and the following substituted:
(1) A judge who ceases to hold office before meeting the basic service requirement is entitled to a pension equal to the applicable percentage of the amount to which the judge would be entitled, if he or she met the basic service requirement,
(a) under subsection (2), if the judge is not a judge described in clause 4 (3.1) (a) or (b); or
(b) under subsection (2.1), if the judge is a judge described in clause 4 (3.1) (a) or (b).
(2) Section 8 of the Regulation is amended by adding the following subsection:
(2.1) The applicable percentage set out in Table 1 or 2 to this subsection, opposite the judge’s age at appointment and below the judge’s age at retirement in that Table, applies if the judge is a judge described in clause 4 (3.1) (a) or (b).
TABLE 1
Age at Appointment
Age at Retirement
55
56
57
58
59
60
61
62
63
64
35
36.00%
38.00%
40.00%
42.00%
44.00%
53.50%
57.00%
60.50%
64.00%
67.50%
36
35.00%
37.00%
39.00%
41.00%
43.00%
52.50%
56.00%
59.50%
63.00%
66.50%
37
34.00%
36.00%
38.00%
40.00%
42.00%
51.50%
55.00%
58.50%
62.00%
65.50%
38
33.00%
35.00%
37.00%
39.00%
41.00%
50.50%
54.00%
57.50%
61.00%
64.50%
39
32.00%
34.00%
36.00%
38.00%
40.00%
49.50%
53.00%
56.50%
60.00%
63.50%
40
31.00%
33.00%
35.00%
37.00%
39.00%
48.50%
52.00%
55.50%
59.00%
62.50%
41
30.00%
32.00%
34.00%
36.00%
38.00%
47.50%
51.00%
54.50%
58.00%
61.50%
42
29.00%
31.00%
33.00%
35.00%
37.00%
46.50%
50.00%
53.50%
57.00%
60.50%
43
28.00%
30.00%
32.00%
34.00%
36.00%
45.50%
49.00%
52.50%
56.00%
59.50%
44
27.00%
29.00%
31.00%
33.00%
35.00%
44.50%
48.00%
51.50%
55.00%
58.50%
45
26.00%
28.00%
30.00%
32.00%
34.00%
43.50%
47.00%
50.50%
54.00%
57.50%
46
24.00%
27.00%
29.00%
31.00%
33.00%
35.00%
46.00%
49.50%
53.00%
56.50%
47
22.00%
25.00%
28.00%
30.00%
32.00%
34.00%
39.00%
48.50%
52.00%
55.50%
48
20.00%
23.00%
26.00%
29.00%
31.00%
33.00%
38.00%
43.00%
51.00%
54.50%
49
18.00%
21.00%
24.00%
27.00%
30.00%
32.00%
37.00%
42.00%
47.00%
53.50%
50
16.00%
19.00%
22.00%
25.00%
28.00%
31.00%
36.00%
41.00%
46.00%
51.00%
51
0.00%
14.00%
17.00%
20.00%
23.00%
26.00%
32.00%
37.00%
42.00%
47.00%
52
0.00%
0.00%
16.00%
19.00%
22.00%
25.00%
31.00%
37.00%
42.00%
47.00%
53
0.00%
0.00%
0.00%
14.00%
17.00%
20.00%
26.00%
32.00%
38.00%
43.00%
54
0.00%
0.00%
0.00%
0.00%
16.00%
19.00%
25.00%
31.00%
37.00%
43.00%
55
0.00%
0.00%
0.00%
0.00%
0.00%
14.00%
20.00%
26.00%
32.00%
38.00%
56
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
19.00%
25.00%
31.00%
37.00%
57
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
20.00%
26.00%
32.00%
58
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
25.00%
31.00%
59
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
26.00%
60
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
61
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
62
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
63
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
64
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
TABLE 2
Age at Appointment
Age at Retirement
65
66
67
68
69
70
71
72
73
74
75
35
71.00%
72.00%
73.00%
74.00%
75.00%
76.00%
77.00%
78.00%
79.00%
80.00%
81.00%
36
70.00%
71.00%
72.00%
73.00%
74.00%
75.00%
76.00%
77.00%
78.00%
79.00%
80.00%
37
69.00%
70.00%
71.00%
72.00%
73.00%
74.00%
75.00%
76.00%
77.00%
78.00%
79.00%
38
68.00%
69.00%
70.00%
71.00%
72.00%
73.00%
74.00%
75.00%
76.00%
77.00%
78.00%
39
67.00%
68.00%
69.00%
70.00%
71.00%
72.00%
73.00%
74.00%
75.00%
76.00%
77.00%
40
66.00%
67.00%
68.00%
69.00%
70.00%
71.00%
72.00%
73.00%
74.00%
75.00%
76.00%
41
65.00%
66.00%
67.00%
68.00%
69.00%
70.00%
71.00%
72.00%
73.00%
74.00%
75.00%
42
64.00%
65.00%
66.00%
67.00%
68.00%
69.00%
70.00%
71.00%
72.00%
73.00%
74.00%
43
63.00%
64.00%
65.00%
66.00%
67.00%
68.00%
69.00%
70.00%
71.00%
72.00%
73.00%
44
62.00%
63.00%
64.00%
65.00%
66.00%
67.00%
68.00%
69.00%
70.00%
71.00%
72.00%
45
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
67.00%
68.00%
69.00%
70.00%
71.00%
46
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
67.00%
68.00%
69.00%
70.00%
47
59.00%
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
67.00%
68.00%
69.00%
48
58.00%
59.00%
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
67.00%
68.00%
49
57.00%
58.00%
59.00%
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
67.00%
50
56.00%
57.00%
58.00%
59.00%
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
51
52.00%
57.00%
58.00%
59.00%
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
52
52.00%
57.00%
58.00%
59.00%
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
53
48.00%
53.00%
58.00%
59.00%
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
54
48.00%
53.00%
58.00%
59.00%
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
55
44.00%
49.00%
54.00%
59.00%
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
56
43.00%
49.00%
54.00%
59.00%
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
57
38.00%
44.00%
50.00%
55.00%
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
58
37.00%
43.00%
49.00%
55.00%
60.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
59
32.00%
38.00%
44.00%
50.00%
56.00%
61.00%
62.00%
63.00%
64.00%
65.00%
66.00%
60
26.00%
32.00%
38.00%
44.00%
50.00%
56.00%
57.00%
58.00%
59.00%
60.00%
61.00%
61
0.00%
26.00%
32.00%
38.00%
44.00%
50.00%
52.00%
53.00%
54.00%
55.00%
56.00%
62
0.00%
0.00%
26.00%
32.00%
38.00%
44.00%
46.00%
48.00%
49.00%
50.00%
51.00%
63
0.00%
0.00%
0.00%
26.00%
32.00%
38.00%
40.00%
42.00%
44.00%
45.00%
46.00%
64
0.00%
0.00%
0.00%
0.00%
26.00%
32.00%
34.00%
36.00%
38.00%
40.00%
41.00%
(3) Clause 8 (3) (b) of the Regulation is amended by striking out “subsections 4 (2) and (3)” and substituting “subsection 4 (2) or (3.2), as the case may be”.
4. Section 25 of the Regulation is revoked and the following substituted:
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.
5. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.
(2) Sections 1, 2, 3 and 4 of this Regulation come into force on the earlier of,
(a) the day a certificate prepared by the 6th and 7th Provincial Judges Remuneration Commission and entitled “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly;
(b) the day an annual report of the Provincial Judges Remuneration including, in its title, the phrase “Certificate of Adoption of the Joint Submissions of the Judges’ Associations and the Crown” is tabled as a Sessional Paper, as recorded on the website of the Legislative Assembly; and
(c) April 30, 2008.
