Division of Judges’ Annuity Benefits Regulations

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Division of Judges’ Annuity Benefits Regulations

SOR/2008-252JUDGES ACT
Registration 2008-09-04
Division of Judges’ Annuity Benefits Regulations
P.C. 2008-1593 2008-09-04Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 52.22Footnote a of the Judges ActFootnote b, hereby makes the annexed Division of Judges’ Annuity Benefits Regulations.

Return to footnote aS.C. 2006, c. 11, s. 15
Return to footnote bR.S., c. J-1
Applications for Division of Annuity Benefits

Marginal note:To whom application is made

1 (1) Any application for the division of a judge’s annuity benefits between the judge and his or her spouse, former spouse or former common-law partner must be made to the annuity administrator.

Marginal note:Annuity administrator

(2) If the application relates to a judge of the Supreme Court of Canada, annuity administrator means the Registrar of the Supreme Court of Canada appointed under section 12 of the Supreme Court Act, and if it relates to a judge of any other superior court, annuity administrator means the Commissioner for Federal Judicial Affairs appointed under section 73 of the Judges Act (the “Act”).

Marginal note:Information required

(3) The application must contain the following information:

(a) in respect of the judge,

(i) the judge’s name,
(ii) the judge’s most recent address that is known to the applicant,
(iii) the judge’s date of birth,
(iv) the most recent judicial office held by the judge that is known to the applicant, and
(v) the date on which the judge ceased to hold office, if applicable, if that date is known to the applicant; and

(b) in respect of the spouse, former spouse or former common-law partner,

(i) the person’s name, and
(ii) the person’s most recent address that is known to the applicant.

Marginal note:Documents required

(4) The application must be accompanied by the following documents:

(a) if the interested parties are or were married to each other, the original or a certified true copy of the marriage certificate;
(b) the original or a certified true copy of the court order or agreement that provides for the division of the annuity benefits; and
(c) if the court order or agreement does not specify the period during which the interested parties cohabited, a statutory declaration by the applicant stating the date on which they began to cohabit and the date on which that cohabitation ceased.

Marginal note:Period during which interested parties cohabited

2 For the purpose of these Regulations, other than subsections 14(2) and (3), and paragraph 52.14(6)(b) of the Act, if the court order or agreement does not specify the period during which the interested parties cohabited, that period is determined on the basis of the documents referred to in subsection 1(4).

Marginal note:Court order or agreement not specific enough

3 If the terms of the court order or agreement do not permit the determination by the annuity administrator of the amount or the percentage of the judge’s annuity benefits that is to be paid to the spouse, former spouse or former common-law partner, the annuity administrator may not act on the application and must request the interested parties to have the necessary changes made to the order or to make the necessary changes to the agreement.

Marginal note:Living separate and apart

4 For the purpose of paragraph 52.11(2)(b) of the Act,

(a) the interested parties are deemed to have lived separate and apart for any period during which they lived separate and apart and one of them manifested the intention not to continue the conjugal relationship;

(b) a period during which the interested parties have lived separate and apart is not to be considered to have been interrupted or terminated for the sole reason

(i) that one of the interested parties has become incapable of forming or having an intention to continue to live separate and apart or of continuing to live separate and apart of the interested party’s own volition, or
(ii) that the interested parties have resumed cohabitation during a period of, or periods totalling, not more than 90 days with reconciliation as its primary purpose; and

(c) if one of the interested parties dies during the year after the day on which the interested parties began to live separate and apart, the parties are deemed to have lived separate and apart throughout that year and that year is deemed to have elapsed at the date of death.

Marginal note:Person incapable of managing own affairs

5 (1) A person’s incapacity to manage his or her own affairs is a circumstance referred to in paragraph 52.22(c) of the Act in which a person may make an application or object to an application on behalf of another person, or may act on behalf of another person in proceeding with an application made by that other person.

Marginal note:Document required

(2) The person must submit to the annuity administrator the original or a certified true copy of the document that authorizes the person to act.

Marginal note:Application by personal representative or liquidator

6 (1) The fact that the terms of the court order or agreement have not been or are not being satisfied by other means is a circumstance referred to in paragraph 52.22(d) of the Act in which the personal representative or the liquidator of the succession of a judge or of a spouse, former spouse or former common-law partner of a judge may make an application or may proceed with an application that was made by or on behalf of the interested party.

Marginal note:Objection to application by personal representative or liquidator

(2) The existence of one of the grounds for objection referred to in subsection 52.12(2) of the Act is a circumstance referred to in paragraph 52.22(d) of the Act in which the personal representative or the liquidator of the succession of a judge or of a spouse, former spouse or former common-law partner of a judge may object to an application.

Marginal note:Documents required

(3) The personal representative or the liquidator of the succession must submit to the annuity administrator

(a) the original or a certified true copy of the document that authorizes that representative or liquidator to act in that capacity;
(b) the original or a certified true copy of the interested party’s death certificate; and
(c) evidence that the terms of the court order or agreement remain in effect or, if the ground for objecting to the application is that the court order or agreement has been varied or is of no force or effect, evidence of that fact.

Marginal note:Application after judge’s death

7 (1) The fact that the terms of the court order or agreement have not been or are not being satisfied by other means is a circumstance referred to in paragraph 52.22(f) of the Act in which a spouse, former spouse or former common-law partner of a judge may make an application after the judge’s death.

Marginal note:Documents required

(2) The application must be accompanied by the following documents:

(a) the original or a certified true copy of the judge’s death certificate; and
(b) if the application is based on a court order referred to in subparagraph 52.11(2)(b)(i) of the Act or on an agreement and the court order or agreement does not specify the date on which the interested parties began to live separate and apart before the judge’s death, a statutory declaration stating that date and the fact that the parties were still living separate and apart when the judge died and that the terms of the court order or agreement have not been or are not being satisfied by other means.

Marginal note:Notice of receipt of application

8 The notice of the receipt of an application referred to in subsection 52.11(3) of the Act that is sent to an interested party who is not the applicant must be accompanied by a copy of the court order or agreement and any marriage certificate, death certificate or statutory declaration that was submitted in support of the application.

Marginal note:Notice of objection

9 A notice of objection to the division of annuity benefits referred to in subsection 52.12(1) of the Act must be sent to the annuity administrator.

Marginal note:Notice of division

10 The notice of the division of annuity benefits referred to in subsection 52.14(9) of the Act must contain the following information:

(a) the date on which the division was approved;
(b) the valuation day, as determined in accordance with section 19;
(c) the share of the annuity benefits referred to in subsection 52.14(1) of the Act, expressed as a percentage;
(d) the proportion of the value of the annuity referred to in subsection 52.14(2) of the Act, expressed as a percentage;
(e) an estimate of the amount to be paid to the spouse, former spouse or former common-law partner as payment of his or her share of the annuity benefits, made in accordance with sections 19 and 21 to 23, with any modifications that the circumstances require; and
(f) if the judge still holds office, the judge’s expected date of retirement, determined in accordance with section 19 and paragraph 21(d), with any modifications that the circumstances require.

Marginal note:Election to wait for share of annuity benefits

11 (1) To make an election under subsection 52.14(4) of the Act, a judge’s spouse, former spouse or former common-law partner must send to the annuity administrator a notice indicating that person’s election to receive at the time described in that subsection a share of the annuity referred to in that subsection, to be paid in lieu of the share of the judge’s annuity benefits referred to in subsection 52.14(3) or (3.1) of the Act.

Marginal note:Time for sending notice

(2) The notice must be sent no later than the 30th day after the day on which the notice of the division of annuity benefits referred to in subsection 52.14(9) of the Act is sent.

Marginal note:Cancellation of election

(3) The spouse, former spouse or former common-law partner may, within the same period and in the same manner, cancel the election.

Marginal note:Notice to judge

(4) The annuity administrator must notify the judge of the election and cancellation.

Marginal note:Withdrawal of application

12 An application may be withdrawn by sending a notice to the annuity administrator no later than the 30th day after the day on which the notice of the division of annuity benefits referred to in subsection 52.14(9) of the Act is sent.

Provision of Information

Provision of Information to Spouse, Common-law Partner, Former Spouse or Former Common-law Partner

Marginal note:To whom request for information is made

13 (1) A request by a spouse, common-law partner, former spouse or former common-law partner of a judge under section 52.21 of the Act to obtain information concerning the benefits that are or may become payable to or in respect of the judge under the Act must be made to the annuity administrator.

Marginal note:Documents required

(2) The request must be accompanied by the following documents:

(a) if there is a court order or agreement, the original or a certified true copy of the court order or agreement, and if the appeal or review proceedings referred to in paragraph 52.12(2)(c) of the Act has been commenced in respect of the period during which the judge and the spouse, common-law partner, former spouse or former common-law partner cohabited, a statutory declaration by the spouse, common-law partner, former spouse or former common-law partner that meets the requirements set out in subsection (3); and
(b) if the court order or agreement does not specify the period during which the judge and the spouse, common-law partner, former spouse or former common-law partner cohabited or if there is no court order or agreement, a statutory declaration by the spouse, common-law partner, former spouse or former common-law partner that meets the requirements set out in subsection (3).

Marginal note:Content of statutory declaration

(3) The statutory declaration must state the date on which the judge and the spouse, common-law partner, former spouse or former common-law partner began to cohabit and the date on which they ceased to cohabit or, if they have not ceased to cohabit, that it is the intention of the spouse or common-law partner to cease to cohabit.

Marginal note:Information to be provided

14 (1) The information that the Minister is to provide in response to a request is the following:

(a) the date on which the information is prepared;

(b) the date on which the judge

(i) would be granted an annuity under subsection 42(1) of the Act if he or she ceased to hold office,
(ii) would have been granted an annuity under paragraph 42(1)(a), (b), (d) or (e) of the Act if he or she had ceased to hold office and had not been granted an earlier annuity under paragraph 42(1)(c) of the Act, or
(iii) was granted an annuity under subsection 42(1) or section 43.1 of the Act;

(c) the period subject to division;
(d) if, on the date on which the information is prepared, the judge would not be granted an annuity if he or she ceased to hold office or if, on valuation day, as determined in accordance with section 19, the judge would not have been granted an annuity if he or she had ceased to hold office, the amount of contributions made by him or her under section 50 of the Act during the period subject to division and the interest on the contributions calculated under subsection 51(4) of the Act;
(e) an estimate of the amount of the annuity that the judge would be granted if he or she ceased to hold office on the last day of the period subject to division or that he or she would have been granted if he or she had ceased to hold office on valuation day, as determined in accordance with section 19; and
(f) an estimate of the share of annuity benefits that would be determined in accordance with subsection 52.14(1) of the Act on valuation day, as determined in accordance with section 19.

Marginal note:Period during which interested parties cohabited

(2) For the determination of the period subject to division referred to in paragraph (1)(c), if no division of annuity benefits between the interested parties has been approved by the Minister and if the period during which the interested parties cohabited is not specified in a court order or agreement, the period during which the interested parties cohabited begins and ends on the dates stated in the statutory declaration referred to in subsection 13(3). If the judge and the spouse, former spouse or common-law partner have not ceased to cohabit, the period ends on the last day of the month before the month in which the request is made.

Marginal note:Approval of division of annuity benefits

(3) If a division of annuity benefits between the interested parties has been approved by the Minister, the period during which the interested parties cohabited is the period that was determined for the purposes of the division.

Marginal note:Request may be refused

15 The Minister may refuse a request for information if a similar request made by the same person has been responded to within the preceding 12 months unless, since that previous request,

(a) the judge and that person have ceased to cohabit;
(b) the judge or that person has begun proceedings in relation to separation, divorce or annulment of marriage;
(c) the judge and that person have entered into an agreement or have obtained a court order; or
(d) the years of service as a judge included in the period subject to division have been amended.

Administrative Error or Erroneous Information

Marginal note:Notice of error — interested party or common-law partner

16 (1) If the judge, spouse, common-law partner, former spouse or former common-law partner believes that an administrative error has been committed or that erroneous information has been provided to him or her in the administration of these Regulations or sections 52.1 to 52.21 of the Act and that the error or the erroneous information is likely to affect his or her rights under the Act, he or she may notify the annuity administrator of the error or erroneous information.

Marginal note:Notice of error — annuity administrator

(2) If the annuity administrator agrees — or becomes aware — that an administrative error has been committed or that erroneous information has been provided in the administration of these Regulations or sections 52.1 to 52.21 of the Act and if the error or the erroneous information is likely to affect the judge’s, spouse’s, common-law partner’s, former spouse’s or former common-law partner’s rights under the Act, the annuity administrator must without delay notify the following persons:

(a) if a request for information has been made under section 52.21 of the Act, the person who made it; and
(b) if an application has been made, the interested parties.

Marginal note:Correction

(3) The notice by the annuity administrator must contain the corrected information. It must also be accompanied by a revised notice of the division of annuity benefits if the notice of the division of annuity benefits referred to in subsection 52.14(9) of the Act has been sent already, but no share of the annuity benefits has been accorded under subsection 52.15(1) of the Act.

Marginal note:According of share delayed

(4) No share of the annuity benefits may be accorded under subsection 52.15(1) of the Act after the revised notice of the division is sent and before the expiry of the time period set out in section 17.

Marginal note:Withdrawal of application or cancellation of election

17 Within 30 days after the day on which the revised notice of the division of annuity benefits is sent

(a) the applicant may withdraw the application by sending a notice to the annuity administrator; or
(b) a spouse, former spouse or former common-law partner may, by sending a notice to the annuity administrator, cancel the election that he or she made under subsection 52.14(4) of the Act before the revised notice was received or make an election under that subsection.

Valuation of the Share of Annuity Benefits to Be Accorded to Spouse, Former Spouse or Former Common-law Partner

Marginal note:Date share of annuity benefits is to be accorded

18 As soon as the annuity administrator has received all of the necessary documents and information, he or she must set the earliest practicable date for according the share of the annuity benefits to the spouse, former spouse or former common-law partner.

Marginal note:Valuation day

19 (1) For the purposes of sections 20 to 23, 25, 27 and 28, valuation day is the day on which the share of the annuity benefits to be accorded to the spouse, former spouse or former common-law partner is determined and it corresponds, in the following cases, to the earlier of the expected date for according the share and the 90th day after the approval of the division of annuity benefits by the Minister:

a) the judge’s spouse, former spouse or former common-law partner does not make the election under subsection 52.14(4) of the Act; or
b) the judge’s spouse, former spouse or former common-law partner makes that election and the time described in that subsection falls no later than the 90th day after the approval by the Minister.

Marginal note:Valuation day — election under subsection 52.14(4) of the Act

(2) If the judge’s spouse, former spouse or former common-law partner makes the election under subsection 52.14(4) of the Act and the time described in that subsection falls after the 90th day after the approval of the division of annuity benefits by the Minister, valuation day corresponds to the earlier of the expected date for according the share and the 30th day after the time described in that subsection.

Marginal note:Interest

20 The share of the annuity benefits to be accorded to the spouse, former spouse or former common-law partner bears interest from the 31st day after valuation day until the day before the day on which it is accorded at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.

Marginal note:Rules to be followed

21 The following rules apply to the valuation of the share of the annuity benefits to be accorded to the spouse, former spouse or former common-law partner:

(a) the actuarial valuation report is the actuarial report on the pension plan for federally appointed judges most recently laid before Parliament under section 9 of the Public Pensions Reporting Act before valuation day or, if that report was laid before Parliament in the month in which valuation day falls or in the preceding month, the preceding report that was laid before Parliament;
(b) prior divisions of annuity benefits are not taken into account;
(c) the date on which payment of the annuity is expected to begin and the dates on which the judge might cease to hold office are determined in accordance with the actuarial assumptions that were used in the preparation of the actuarial valuation report;
(d) the judge’s expected date of retirement is determined as of valuation day on the basis of the retirement rates that were used in the preparation of the actuarial valuation report, and this rule also applies for the purposes of subsection 52.14(2) of the Act; and
(e) the salary annexed to the office held by the judge on the last day of the period subject to division is the salary that is actually annexed to the office held by the judge on that day or, if applicable, the salary referred to in subsection 43(1) or (2) of the Act, and it includes any annual adjustment or revision that is to apply on or before that day under an Act that comes into force no later than valuation day.

Marginal note:Annuity attributed to period subject to division

22 For the purposes of paragraph 52.14(1)(a) of the Act, the annuity that is attributed to the period subject to division is equal to

(a) if the judge holds office on valuation day, the total of

(i) the amount of the annuity that would be granted to him or her on retirement, if that annuity were determined on the basis of the dates on which he or she might cease to hold office and the salary annexed to the office held by him or her on the last day of the period subject to division, and
(ii) the amount of the supplementary retirement benefits that would be added to that annuity under the Supplementary Retirement Benefits Act from the day after the last day of the period subject to division until the date on which payment of the annuity is expected to begin, if that Act applied to the judge during that time;

(b) if the judge ceased to hold office after the last day of the period subject to division but before valuation day, the total of

(i) the amount of the annuity that would have been granted to him or her on the day on which he or she ceased to hold office, if that annuity had been determined on the basis of the salary annexed to the office held by him or her on the last day of the period subject to division, and
(ii) the amount of the supplementary retirement benefits that would have been added to that annuity under the Supplementary Retirement Benefits Act from the day after the last day of the period subject to division until valuation day, if that Act had applied to the judge during that entire time;

(c) if the period subject to division ended as a result of the judge ceasing to hold office for a reason other than the infirmity referred to in paragraph 42(1)(c) of the Act, the total of

(i) the amount of the annuity that was granted to him or her on the day on which he or she ceased to hold office, and
(ii) the amount of the supplementary retirement benefits that were added to that annuity under the Supplementary Retirement Benefits Act from the day after the last day of the period subject to division until valuation day;

(d) if the period subject to division ended as a result of the judge ceasing to hold office by reason of the infirmity referred to in paragraph 42(1)(c) of the Act, the total of

(i) the amount referred to in subparagraph (c)(i), and
(ii) the amount of the supplementary retirement benefits that were or would have been added to the annuity under the Supplementary Retirement Benefits Act from the day after the last day of the period subject to division until the later of valuation day and the day that would have been the judge’s expected date of retirement had the infirmity not occurred; or

(e) if the judge ceased to hold office after the last day of the period subject to division, but before valuation day by reason of the infirmity referred to in paragraph 42(1)(c) of the Act, the total of

(i) the amount referred to in subparagraph (b)(i), and
(ii) the amount of the supplementary retirement benefits referred to in subparagraph (d)(ii).

Marginal note:Value of annuity attributed to period subject to division

23 For the purposes of paragraph 52.14(1)(a) of the Act, the value of the annuity attributed to the period subject to division is equal to the actuarial present value of the annuity on valuation day, determined in accordance with the following rules and taking into account the death benefit provided for in subsection 51(3) of the Act:

(a) in respect of the period during which the judge holds office, the rates of disability, retirement and mortality, including mortality projection factors, are those that were used in the preparation of the actuarial valuation report;
(b) in respect of the period beginning on the day after the day on which the judge ceases to hold office, the rates of mortality are those set out in an appendix to the actuarial valuation report;
(c) the interest rates are the interest rates for fully indexed pensions, determined in accordance with the section entitled “Pension Commuted Values” of the Standard of Practice — Practice-Specific Standards for Pension Plans, published by the Canadian Institute of Actuaries, as amended from time to time;
(d) any benefits that are or may become payable to the judge’s spouse, common-law partner or children on the judge’s death are excluded;
(e) if the judge died after the end of the period subject to division but before valuation day, he or she is deemed to have been alive on valuation day;
(f) if the judge ceased to hold office before valuation day, the determination must take into account only the annuity benefits payable to him or her beginning on that day and, if the judge still holds office on valuation day, only those payable to him or her beginning on the dates on which he or she might cease to hold office; and
(g) if the judge ceased to hold office by reason of the infirmity referred to in paragraph 42(1)(c) of the Act, the determination must take into account only the annuity benefits payable to him or her beginning on the later of valuation day and the day that would have been his or her expected date of retirement had the infirmity not occurred.

Marginal note:Value of annuity — transfer to retirement savings plan

24 For the purpose of the description of D in subsection 52.15(2) of the Act, the portion of the annuity that is attributed to the period subject to division is the amount determined by the formula

A × B/C
where


is the amount of the annuity that would have been granted to the judge if he or she had ceased to hold office on the last day of the period subject to division and had been eligible to be granted an annuity on that day under sections 42 or 43.1 of the Act;


is the period subject to division; and


is the judge’s period of service as a judge, rounded to the nearest one tenth of a year, beginning on the effective date of his or her first appointment under the Act and ending
(a) on the day after the last day of the period subject to division, or
(b) if he or she ceased to hold office by reason of the infirmity referred to in paragraph 42(1)(c) of the Act, on the earlier of the day after the last day of the period during which the interested parties cohabited and the day that would have been his or her expected date of retirement had the infirmity not occurred.



Adjustment of Judge’s Annuity Benefits

Marginal note:When adjustment made

25 (1) The adjustment referred to in subsection 52.14(8) of the Act is to be made as soon as practicable after a share of the annuity benefits has been accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act if the judge has ceased to hold office or, if the judge has not ceased to hold office, as soon as practicable after he or she ceases to hold office.

Marginal note:When adjustment takes effect

(2) The adjustment takes effect on the earlier of

(a) as the case may be

(i) the day on which the amount referred to in subsection 51(1) of the Act is paid, or
(ii) the day on which the first monthly annuity instalment reflecting the adjusted amount of the annuity is paid; and

(b) the 60th day after the later of

(i) the later of valuation day and the day on which the judge ceases to hold office, and
(ii) if the judge is granted a deferred annuity, the day on which he or she reaches 60 years of age.

Marginal note:When adjustment made — infirmity

(3) If, however, the period subject to division ended as a result of the judge ceasing to hold office by reason of the infirmity referred to in paragraph 42(1)(c) of the Act or if, after the last day of that period and before valuation day, the judge ceased to hold office by reason of that infirmity, the adjustment is to be made as soon as is practicable after the day that would have been his or her expected date of retirement, determined in accordance with paragraph 21(d), had the infirmity not occurred.

Marginal note:When adjustment takes effect — infirmity

(4) The adjustment takes effect on the earlier of

(a) the day on which the first monthly annuity instalment reflecting the adjusted amount of the annuity is paid; and
(b) the 60th day after the later of valuation day and the day that would have been the judge’s expected date of retirement, determined in accordance with paragraph 21(d), had the infirmity not occurred.

Marginal note:Judge not granted annuity

26 If, on the day on which the judge ceases to hold office, he or she is not granted an annuity, there must be deducted from the amount to be paid to him or her under subsection 51(1) of the Act

(a) if the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act is expressed as a percentage in the court order or agreement, the amount of the share that he or she was entitled to be accorded, together with interest calculated in accordance with subsection 51(4) of the Act beginning on the day after the last day of the period subject to division and ending on the day on which the adjustment takes effect; or

(b) if the share is expressed as a lump sum in the court order or agreement, the lesser of

(i) an amount equal to 50% of the contributions paid during the period subject to division together with interest calculated in accordance with subsection 51(4) of the Act beginning on the first day of that period and ending on the day on which the adjustment takes effect, and
(ii) the lump sum.

Marginal note:Judge granted annuity — payment of share of contributions

27 (1) If, on the day on which the judge ceases to hold office, he or she is granted an annuity and if the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act consists of a share of the contributions paid by the judge during the period subject to division, there must be deducted from the amount of the annuity paid to the judge when the adjustment takes effect

(a) if the share of the annuity benefits is expressed as a percentage in the court order or agreement, the amount determined by the formula

A × E/F
where


is the amount determined by the formula
B × C × D
where


is the lesser of
(i) the amount of the annuity that would have been granted to the judge on the last day of the period subject to division if the judge had been eligible to be granted an annuity on that day under sections 42 or 43.1 of the Act, together with the amount of the supplementary retirement benefits that would have been added to that annuity under the Supplementary Retirement Benefits Act from the day after that day until the day on which the adjustment takes effect if that Act had applied to the judge during that time, and
(ii) the amount of the annuity to which the judge is entitled, together with the amount of the supplementary retirement benefits that were added to that annuity under the Supplementary Retirement Benefits Act from the day after the day on which he or she ceased to hold office until the day on which the adjustment takes effect,


is 50% or, if a lesser share referred to in paragraph 52.14(1)(b) of the Act applies, the percentage by which the lesser share is expressed, and


is the proportion referred to in paragraph 52.14(2)(a) of the Act, calculated again as of valuation day,


is the amount that the spouse, former spouse or former common-law partner was entitled to receive as payment of his or her share of the contributions, and


is the amount that the spouse, former spouse or former common-law partner would have received had he or she made the election referred to in subsection 52.14(4) of the Act; and

(b) if the share of the annuity benefits is expressed as a lump sum in the court order or agreement, the amount determined by the formula

A × B
where


is the amount that would be determined under paragraph (a) if the description of C was 50%, and


is the quotient, not exceeding one, obtained by dividing the lump sum by the amount that the spouse, former spouse or former common-law partner would have received if the share of the annuity benefits that was accorded to him or her had consisted of a share of the annuity that was granted to the judge and if the amount representing 50% set out in paragraph 52.14(1)(a) of the Act had applied.

Marginal note:Judge granted annuity — payment of share of annuity attributed to period subject to division

(2) If the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act consists of a share of the annuity that is attributed to the period subject to division, there must be deducted from the amount of the annuity paid to the judge when the adjustment takes effect

(a) if the share of the annuity benefits is expressed as a percentage in the court order or agreement, the amount determined under the description of A of the formula in paragraph (1)(a); and

(b) if the share of the annuity benefits is expressed as a lump sum in the court order or agreement, the amount determined by the formula

A × B
where


is the amount that would be determined under the description of A of the formula in paragraph (1)(a) if the description of C was 50%, and


is the quotient, not exceeding one, obtained by dividing the lump sum by the amount that would have been accorded to the spouse, former spouse or former common-law partner if the amount representing 50% set out in paragraph 52.14(1)(a) of the Act had applied.

Marginal note:Infirmity — payment of share of contributions

28 (1) If the judge ceased to hold office by reason of the infirmity referred to in paragraph 42(1)(c) of the Act and if the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act consists of a share of the contributions paid by the judge, there must be deducted from the amount of the annuity paid to the judge when the adjustment takes effect

(a) if the share of the annuity benefits is expressed as a percentage in the court order or agreement, the amount determined by the formula

A × E/F
where


is the amount determined by the formula
B × C × D
where


is the lesser of
(i) the amount of the annuity that would have been granted to the judge on the last day of the period subject to division if the judge had been eligible to be granted an annuity on that day under sections 42 or 43.1 of the Act, together with the amount of the supplementary retirement benefits that would have been added to that annuity under the Supplementary Retirement Benefits Act from the day after that day until the day on which the adjustment takes effect if that Act had applied to the judge during that time, and
(ii) the amount of the annuity to which the judge is entitled, together with the amount of the supplementary retirement benefits that were added to that annuity under the Supplementary Retirement Benefits Act from the day after the day on which he or she ceased to hold office until the day on which the adjustment takes effect,


is 50% or, if a lesser share referred to in paragraph 52.14(1)(b) of the Act applies, the percentage by which the lesser share is expressed, and


is the quotient referred to in paragraph 52.14(2)(b) of the Act, calculated again as of valuation day,


is the amount that the spouse, former spouse or former common-law partner was entitled to receive as payment of his or her share of the contributions, and


is the amount that the spouse, former spouse or former common-law partner would have received if the share of the annuity benefits that was accorded to him or her had consisted of a share of the annuity that was granted to the judge; and

(b) if the share of the annuity benefits is expressed as a lump sum in the court order or agreement, the amount determined by the formula

A × B
where


is the amount that would be determined under paragraph (a) if the description of C was 50%, and


is the quotient, not exceeding one, obtained by dividing the lump sum by the amount that the spouse, former spouse or former common-law partner would have received if the share of the annuity benefits that was accorded to him or her had consisted of a share of the annuity that was granted to the judge and if the amount representing 50% set out in paragraph 52.14(1)(a) of the Act had applied.

Marginal note:Infirmity — payment of share of annuity attributed to period subject to division

(2) If the share of the annuity benefits that was accorded to the spouse, former spouse or former common-law partner under subsection 52.15(1) of the Act consists of a share of the annuity that is attributed to the period subject to division, there must be deducted from the amount of the annuity paid to the judge when the adjustment takes effect

(a) if the share of the annuity benefits is expressed as a percentage in the court order or agreement, the amount determined by the formula

A × B × C
where


is the lesser of
(i) the amount of the annuity that would have been granted to the judge on the last day of the period subject to division if the judge had been eligible to be granted an annuity on that day under sections 42 or 43.1 of the Act, together with the amount of the supplementary retirement benefits that would have been added to that annuity under the Supplementary Retirement Benefits Act from the day after that day until the day on which the adjustment takes effect if that Act had applied to the judge during that time, and
(ii) the amount of the annuity to which the judge is entitled, together with the amount of the supplementary retirement benefits that were added to that annuity under the Supplementary Retirement Benefits Act from the day after the day on which he or she ceased to hold office until the day on which the adjustment takes effect,


is 50% or, if a lesser share referred to in paragraph 52.14(1)(b) of the Act applies, the percentage by which the lesser share is expressed, and


is the quotient referred to in paragraph 52.14(2)(b) of the Act, calculated again as of valuation day; and

(b) if the share of the annuity benefits is expressed as a lump sum in the court order or agreement, the amount determined by the formula

A × B
where


is the amount that would be determined under paragraph (a) if the description of B was 50%, and


is the quotient, not exceeding one, obtained by dividing the lump sum by the amount that would have been accorded to the spouse, former spouse or former common-law partner if the amount representing 50% set out in paragraph 52.14(1)(a) of the Act had applied.

General

Marginal note:How documents must be sent

29 All applications, documents and notices must be in written form and sent by registered mail but notices referred to in subsections 11(1) and (3), section 12, subsection 16(1) and section 17 may be sent by electronic means.

Coming into Force

Marginal note:S.C. 2006, c. 11

*30 These Regulations come into force on the day on which sections 13 and 15 of An Act to amend the Judges Act and certain other Acts in relation to courts, chapter 11 of the Statutes of Canada, 2006, come into force.
Return to footnote *[Note: Regulations in force October 1, 2008, see SI/2008-96.]