Division of Judges’ Annuity Benefits Regulations

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 has opted to receive 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(1.1)(b) 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 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.