Legislative Assembly of New Brunswick
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An Act to Amend the Provincial Court Act

Legislature :
54
Session :
5
Bill No. :
51
Member :
Hon. Green
First Reading :
2003-3-26
Second Reading :
2003-3-27
Committee of the Whole :
2003-4-4
Amended :
Third Reading :
2003-4-8
Royal Assent :
2003-4-11
Download PDF :
Bill 51

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Subsection 1(1) of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended



(a)               in the French version in the definition « prestation » by striking out the period at the end of the definition and substituting a semicolon;



(b)               by adding the following definitions in alphabetical order:



"actuarial equivalent" means, in relation to a given benefit and an alternative benefit, the amount of the alternative benefit, in the required form, that is considered by the actuary appointed for the Plan by the Minister to be equal in value to the given benefit, on the basis of such actuarial assumptions and other appropriate factors as may be adopted from time to time by the Minister on the advice of the actuary;



"Plan" means the pension plan established in this Act;



2                           Section 15 of the Act is amended



(a)               in subsection (1.02) by striking out "Election" and substituting "Subject to subsections (5.01), (5.02), (5.05) and (5.086), election";



(b)               in subsection (4) in the portion preceding paragraph (a) by striking out "Where a judge" and substituting "Subject to subsections (5.01), (5.02), (5.05), (5.086) and (5.0876), where a judge";



(c)               by adding after subsection (5) the following:



15(5.01)       Subject to subsection 37(5) of the Provincial Court Judges' Pension Act, if a judge has a spouse at the time when payments of an annuity under paragraph (1)(a), (a.1), (b) or (b.1) or subsection (1.01), as the case may be, are to begin to be made to the judge, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse's annuity payable to the judge's surviving spouse shall be increased in accordance with subsections (5.03) and (5.04).



15(5.02)       Subject to subsection 37(5) of the Provincial Court Judges' Pension Act, if a judge who is being paid an annuity under paragraph (1)(c) has a spouse at the time when the judge reaches the age of sixty-five years, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse's annuity payable to the judge's surviving spouse shall be increased in accordance with subsections (5.03) and (5.04).



15(5.03)       A judge electing a reduced annuity under subsection (5.01) or (5.02) may elect an increased surviving spouse's annuity in an amount that is sixty per cent, sixty-six and two-thirds per cent, seventy-five per cent or one hundred per cent of the amount of the reduced annuity that the judge elects to be paid.



15(5.04)       The amount of the judge's reduced annuity and of the increased surviving spouse's annuity in total shall be the actuarial equivalent of the total amount of the annuities that the judge and the judge's surviving spouse would or could have been paid if the election had not been made under subsection (5.01) or (5.02).



15(5.05)       A judge making an election to be paid a reduced annuity under subsection (5.01) or (5.02) may, at that same time, also elect to have guaranteed payments made in accordance with subsections (5.06) to (5.082) to the judge's surviving spouse and estate during a period of five, ten or fifteen years after the payments of the reduced annuity are to begin to be made to the judge, as selected by the judge.



15(5.06)       If a judge makes an election under subsection (5.05), the amount of the judge's reduced annuity, of the increased surviving spouse's annuity and of any payment that might be made to the judge's estate in total shall be the actuarial equivalent of the total amount of the annuities that the judge and the judge's surviving spouse would or could have been paid if the election had not been made.



15(5.07)       If a judge elects to be paid a reduced annuity under subsection (5.05) and dies during the guarantee period of five, ten or fifteen years selected by the judge, any surviving spouse of the judge who would be entitled to receive a surviving spouse's annuity under subsection (4) is entitled to receive, instead of that surviving spouse's annuity, an annuity



(a)               until the guarantee period expires, in the same amount as the judge was receiving on the day of the judge's death, and



(b)               after the guarantee period expires, for the spouse's lifetime in the increased amount determined in accordance with subsection (5.06).



15(5.08)       If a judge elects to be paid a reduced annuity under subsection (5.05) and both the judge and the judge's spouse die during the guarantee period selected by the judge, the judge's estate shall be paid a lump sum equal to the actuarial equivalent of the balance of the reduced annuity payments that the judge or, if the judge's spouse survives the judge, the judge's spouse, would have been paid during the remainder of the selected guarantee period if the judge and the judge's spouse had not died during that period.



15(5.081)    If a judge elects to be paid a reduced annuity under subsection (5.05) and both the judge and the judge's spouse die after the end of the guarantee period selected by the judge, no payments shall be made to the judge's estate under subsection (5.08).



15(5.082)    Notwithstanding subsection (6), if a judge elects to be paid a reduced annuity under subsection (5.01), (5.02) or (5.05), no child of the judge is entitled to be paid an annuity under subsection (6).



15(5.083)    Notice of any election under subsection (5.01), (5.02) or (5.05)



(a)               shall be made in writing, shall indicate the amount of the judge's reduced annuity and of the increased surviving spouse's annuity and shall be signed by the judge,



(b)               shall be delivered to the Minister



(i)         between sixty days and ten days, inclusive, before the date on which the entitlement to be paid the annuity under paragraph (1)(a), (a.1), (b) or (b.1) or subsection (1.01), as the case may be, begins, or



(ii)       between sixty days and ten days, inclusive, before the date on which the judge reaches the age of sixty-five years, where the judge is being paid an annuity under paragraph (1)(c),



(c)                is not effective unless it is delivered to the Minister within the time period described in paragraph (b), and



(d)               is irrevocable.



15(5.084)    A judge who elects to be paid a reduced annuity under subsection (5.01), (5.02) or (5.05) is not entitled to re-elect to be paid a different reduced annuity or an unreduced annuity at any other time.



15(5.085)    Notwithstanding anything else in this section, if a judge who is being paid a reduced annuity under subsection (5.01), (5.02) or (5.05) dies, no person is entitled to be paid the judge's surviving spouse's annuity unless the person was the spouse of the judge on the date when the reduced annuity began to be paid to the judge.



15(5.086)    Where a judge has commenced to be paid an annuity after March 31, 2001, and before the date of the enactment of this subsection, the judge may make an election under subsection (5.01), (5.02) or (5.05), as the case may be, if the judge makes the election on the date of the enactment of this subsection or within ninety days after that date.



15(5.087)    Notice of an election under subsection (5.086)



(a)               shall be made in writing, shall indicate the amount of the judge's reduced annuity and of the increased surviving spouse's annuity and shall be signed by the judge,



(b)               is not effective unless it is delivered to the Minister within the time period described in subsection (5.086), and



(c)                is irrevocable.



15(5.0871)               Where a judge makes, in accordance with subsection (5.086), an election under subsection (5.01) or (5.02), the amount of the judge's reduced annuity and of the increased surviving spouse's annuity in total shall be the actuarial equivalent of the total amount of the annuities that the judge and the judge's surviving spouse would or could have been paid if the election had not been made under subsection (5.01) or (5.02).



15(5.0872)               Where a judge makes, in accordance with subsection (5.086), an election under subsection (5.05), the amount of the judge's reduced annuity, of the increased surviving spouse's annuity and of any payment that might be made to the judge's estate in total shall be the actuarial equivalent of the total amount of the annuities that the judge and the judge's surviving spouse would or could have been paid if the election had not been made.



15(5.0873)               The actuarial equivalent referred to in subsection (5.0871) or (5.0872) shall



(a)               be calculated as of the date that the judge commenced to be paid an annuity under subsection (1) or (1.01), and



(b)               include a further adjustment to take into account the difference between



(i)         the amounts paid to the judge under subsection (1) or (1.01), and



(ii)       the amounts that would, if the judge had made an election under subsection (5.086), have been paid to the judge under subsection (5.0871) or (5.0872) from the date that the judge commenced to be paid the annuity under subsection (1) or (1.01) to the day before the date of the election, inclusive.



15(5.0874)               Subsections (5.03), (5.07), (5.08), (5.081), (5.082), (5.084) and (5.085) apply where a judge makes an election under subsection (5.086).



15(5.0875)               Subject to subsection (5.0876), if a judge who is entitled to make an election under subsection (5.086) dies before doing so, no other person is entitled to make an election under subsection (5.086) in the place of the judge.



15(5.0876)               Subject to subsection (5.0877), where a judge referred to in subsection (5.0875) has requested, in writing, a calculation of the annuities that would be paid under subsection (5.0871) or (5.0872), the surviving spouse of the judge may make an election under subsection (5.086) in the place of the judge, if the surviving spouse makes the election within the time period described in subsection (5.086).



15(5.0877)               The surviving spouse of the judge referred to in subsection (5.0876) may elect an increased surviving spouse's annuity and a guarantee period from among only the increased surviving spouse's annuities and guarantee periods for which calculations were requested, in writing, by the judge.



15(5.0878)               Subsections (5.087), (5.0871), (5.0872), (5.0873) and (5.0874) apply with the necessary modifications where a surviving spouse makes an election under subsection (5.0876).



3                           This Act shall be deemed to have come into force on April 1, 2001.



EXPLANATORY NOTES



Section 1



(a)               Grammatical change.



(b)               New definitions are added.



Section 2



(a)               The existing provision is as follows:



15(1.02)       Election of an entitlement to a deferred annuity under paragraph (1)(b) or (b.1) or election of payment of a reduced annuity under subsection (1.01) is a substitute for any other election or payment under this section and is irrevocable and a judge who makes such an election is not entitled to be paid any other annuity under this Act.



(b)               The existing provision is as follows:



15(4)               Where a judge



(a)               held judicial office for at least two years immediately prior to his death,



(b)               immediately prior to his death was entitled to receive or was receiving an annuity under this Act,



(c)                held office for at least fifteen years and resigns as described in paragraph (1)(b), or



(d)               held office for at least twenty years and resigns as described in paragraph (1)(b.1),



the surviving spouse shall be paid an annuity equal to one-half of the annuity paid to a judge under subsection (1) or (1.01), as the case may be, but the surviving spouse's annuity ceases upon the surviving spouse's death.



(c)                New provisions.



Section 3



Commencement provision.

 

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