O. Reg. 57/16: PENSIONS AND SURVIVOR ALLOWANCES FOR PROVINCIAL JUDGES

 

ontario regulation 57/16

made under the

Courts of Justice Act

Made: February 10, 2016
Filed: March 16, 2016
Published on e-Laws: March 16, 2016
Printed in The Ontario Gazette: April 2, 2016

Amending O. Reg. 290/13

(PENSIONS AND SURVIVOR ALLOWANCES FOR PROVINCIAL JUDGES)

1. (1) The definitions of “Long Term Income Protection Plan”, “parental leave” and “pregnancy leave” in section 1 of Ontario Regulation 290/13 are amended by striking out “Order in Council 1441/2013” wherever it appears and substituting in each case “Order in Council 225/2016”.

(2) The definition of “Minister” in section 1 of the Regulation is amended by striking out “Minister of Government Services” and substituting “President of the Treasury Board”.

2. (1) Paragraph 6 of subsection 5 (2) of the Regulation is amended by striking out “regional”.

(2) Section 5 of the Regulation is amended by adding the following subsections:

(10) For the purposes of this section, the salaries of the Chief Justice, an Associate Chief Justice or a regional senior judge shall, for the following judges, be determined in accordance with the method for determining those salaries set out in subsections 4 (1), 5 (1) and 6 (1) and section 7 of Schedule A of Order in Council 225/2016, as amended from time to time, as applicable:

1. A judge described in paragraph 1, 2 or 3 of subsection (2), if the judge was appointed as Chief Justice, Associate Chief Justice or regional senior judge before November 12, 2013.

2. A judge described in paragraph 4, 5 or 6 of subsection (2).

(11) For judges described in paragraph 1, 2 or 3 of subsection (2) who were appointed as Chief Justice, Associate Chief Justice or regional senior judge on or after November 12, 2013 and who did not hold one of those offices before that date, the salary of the Chief Justice, an Associate Chief Justice or a regional senior judge shall, for the purposes of this section, be determined in accordance with the method for determining those salaries set out in subsections 4 (2), 5 (2) and 6 (2) of Schedule A of Order in Council 225/2016, as amended from time to time, as applicable.

3. Section 13 of the Regulation is amended by adding the following subsection:

(2) For the purposes of subsection (1), the full-time salary of a judge of the same judicial rank in the case of a judge who is serving on a part-time basis after his or her term as Chief Justice, Associate Chief Justice or regional senior judge expires is the salary to which the judge would be entitled under section 8 of Schedule A of Order in Council 225/2016, as amended from time to time, if he or she were serving on a full-time basis.

4. Section 22 of the Regulation is amended by striking out “section 11 of Order in Council 1441/2013, as amended from time to time” at the end and substituting “section 11 of Schedule B of Order in Council 225/2016”.

5. The Regulation is amended by adding the following section:

Family Law Matters

Family law matters

31.1 (1) In this section, a reference to a spouse means, where circumstances require, a former spouse.

(2) Section 67.2 of the Pension Benefits Act applies with necessary modifications to the determination of the imputed value, for family law purposes, of a spouse’s interest in a pension plan under this Part, and the provision of a statement of that value.

(3) A spouse is eligible to apply for an immediate transfer of a lump sum from the pension plan if all of the circumstances listed in subsection 67.3 (1) of the Pension Benefits Act exist and, for the purpose, section 67.3 of that Act applies, with necessary modifications.

(4) A spouse is eligible to apply for the division of the pension and for the payment of the spouse’s share to him or her if all of the circumstances listed in subsection 67.4 (1) of the Pension Benefits Act exist and, for the purpose, section 67.4 of that Act applies with necessary modifications.

(5) Any order made under Part I (Family Property) of the Family Law Act, family arbitration award or domestic contract respecting the division of the pension plan is subject to the application of section 67.5 or 67.6 of the Pension Benefits Act, as appropriate, with necessary modifications, including that a reference in one of those sections to the date on which the section comes into force shall be read as a reference to March 16, 2016.

(6) For the purposes of this section,

(a) a reference in sections 67.2 to 67.6 of the Pension Benefits Act to the administrator of a pension plan shall be read as a reference to the Board; and

(b) the references to sections 67.2 to 67.6 of the Pension Benefits Act shall be read as including the definitions of the terms used in those sections under that Act, except as otherwise provided by this Regulation.

6. Section 56 of the Regulation is amended by striking out “section 11 of Order in Council 1441/2013” at the end and substituting “section 11 of Schedule B of Order in Council 225/2016”.

7. The Regulation is amended by adding the following section before Part IV:

Family Law Matters

Family law matters

60.1 (1) In this section, a reference to a spouse means, where circumstances require, a former spouse.

(2) Section 67.2 of the Pension Benefits Act applies with necessary modifications to the determination of the imputed value, for family law purposes, of a spouse’s interest in a supplemental pension plan under this Part, and the provision of a statement of that value.

(3) A spouse is eligible to apply for an immediate transfer of a lump sum from the supplemental pension plan if all of the circumstances listed in subsection 67.3 (1) of the Pension Benefits Act exist and, for the purpose, section 67.3 of that Act applies with necessary modifications.

(4) For greater certainty, a lump sum from the supplemental pension plan may only be transferred in accordance with subsection 67.3 (7) of the Pension Benefits Act.

(5) A spouse is eligible to apply for the division of the supplemental pension and for the payment of the spouse’s share to him or her if all of the circumstances listed in subsection 67.4 (1) of the Pension Benefits Act exist and, for the purpose, section 67.4 of that Act applies with necessary modifications.

(6) Any order made under Part I (Family Property) of the Family Law Act, family arbitration award or domestic contract respecting the division of the pension plan is subject to the application of section 67.5 or 67.6 of the Pension Benefits Act, as appropriate, with necessary modifications, including that a reference in one of those sections to the date on which the section comes into force shall be read as a reference to March 16, 2016.

(7) For the purposes of this section,

(a) a reference in sections 67.2 to 67.6 of the Pension Benefits Act to the administrator of a pension plan shall be read as a reference to the Board; and

(b) the references to sections 67.2 to 67.6 of the Pension Benefits Act shall be read as including the definitions of the terms used in those sections under that Act, except as otherwise provided by this Regulation.

8. Clause 61 (7) (b) of the Regulation is amended by striking out “Order in Council 1441/2013” at the end and substituting “Order in Council 225/2016”.

Commencement

9. This Regulation comes into force on the day it is filed.