Optional Survivor Annuity Regulations

4 (1) Proof of age of the judge’s spouse or common-law partner is established by a birth certificate issued by a civil authority.

(2) If a birth certificate cannot be obtained, proof of age of the judge’s spouse or common-law partner is established by

• (a) a statutory declaration by the spouse or common-law partner attesting to his or her date of birth and explaining why the birth certificate cannot be obtained; and

• (b) a document

  • (i) that was made within five years after the date of birth of the spouse or common-law partner that indicates his or her name and date of birth or age, or

  • (ii) that was made at least 20 years before the day on which the election was made that indicates the date of birth of the spouse or common-law partner, accompanied by a statutory declaration in which a person, other than the judge or the judge’s spouse or common-law partner, attests that the date stated in the document is correct.

(3) If a document or statutory declaration required under paragraph (2)(b) cannot be obtained, the statutory declaration required under paragraph (2)(a) shall set out the reasons why it cannot be obtained, and that statutory declaration constitutes proof of age for the judge’s spouse or common-law partner.