The following definitions apply in this Act. 2000, c.P-21.1, s.1; 2006, c.17, s.1; 2008, c.45, s.28; 2016, c.37, s.156; 2019, c.29, s.128
“Account” means the Provincial Court Judges’ Pension Trust Account referred to in subsection 6(1).(Compte)
“active judge” means a judge who has not retired, resigned or been removed from office as a judge and who is not being paid a disability benefit.(juge actif)
“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 the actuarial assumptions and other appropriate factors that may be adopted from time to time by the Minister on the advice of the actuary.(équivalent actuariel)
“average salary” means the highest average annual salary received by a judge as an active judge, calculated for any period of 36 successive months during which the judge was an active judge. (traitement moyen)
“benefit” means, unless otherwise indicated, an annual pension, a surviving spouse’s pension, a surviving common-law partner’s pension or a dependent children’s pension paid to a judge or a judge’s spouse, common-law partner, dependent child or estate or the legal representative of any of them, a supplementary allowance or supplementary payment under Part 4, a disability benefit, a monthly instalment paid under section 30 and a return of contributions, but does not include a payment referred to in subsection 23(4).(prestation)
“child” means a child of a judge and includes a natural child, a stepchild and an adopted child. (enfant)
“deferred pension” means a pension described in section 17.(pension différée)
“dependent child” means a child of a judge who survives the judge, is dependent on the judge for support on the date of the judge’s death and(enfant à charge)
(a) is under 19 years of age and will not be 19 years of age in the calendar year in which the judge dies,
(b) is under 25 years of age, will not be 25 years of age in the calendar year in which the judge dies and is in full-time attendance at an educational institution, or
(c) is, on the date of the judge’s death, dependent on the judge for support because of mental or physical infirmity.
“dependent children’s pension” means a pension described in section 12.(pension d’enfants à charge)
“disability benefit” means a disability benefit described in subsection 22(1).(prestation d’invalidité)
“disability pension” means a pension described in section 15.(pension d’invalidité)
“disabled” means, in relation to a judge, suffering from a physical or mental impairment that prevents the judge from performing the duties of the position or office of judge, in which the judge was engaged before the beginning of the impairment, as determined by the Minister after considering the written opinion of the medical practitioner or practitioners that the Minister considers appropriate. (invalide)
“Fund” means the Provincial Court Judges’ Pension Trust Fund referred to in subsection 6(2).(Caisse)
“inactive judge” means a judge who has retired, resigned or been removed from office as a judge or is being paid a disability benefit.(juge inactif)
“interest” means interest calculated and credited in accordance with the regulations, at the rate established by regulation.(intérêt)
“judge” means an active or an inactive judge appointed under subsection 2(1) of the Provincial Court Act and includes a chief judge and an associate chief judge appointed under that Act. (juge)
“Minister” means the Minister of Finance and Treasury Board and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“pensionable service” means, subject to subsections 7(2) and (4) and unless otherwise indicated in this Act or the regulations, any period of service to the credit of a judge as an active judge under this Act that may be used in the calculation of a benefit, if the judge has received remuneration for that period in accordance with subparagraph 8503(3)(a)(i) of the Income Tax Regulations under the Income Tax Act (Canada), and includes any period of leave of absence during or respecting which the judge has made contributions under subsection 7(1) and, if applicable, any period of service to the credit of the judge as an active judge under the Provincial Court Act that may be used in calculating a benefit if the judge has received remuneration for any period in accordance with subparagraph 8503(3)(a)(i) of the Income Tax Regulations under the Income Tax Act (Canada). (service ouvrant droit à pension)
“Plan” means the Provincial Court Judges’ Pension Plan established in this Act. (Régime)
“plan governor” means the person who has the overall responsibility for the Plan.(responsable de la gouvernance du régime)
“removed from office as a judge” means removed from office as a judge by Order in Council, whether or not all opportunities for appeal have been exhausted.(démis de ses fonctions de juge)
“retire” includes, unless otherwise indicated, to resign or to be removed from office as a judge, but does not include to become disabled and be paid a disability benefit.(prendre sa retraite)
“salary” means the compensation received by a judge for the performance of the regular duties of the position or office of an active judge.(traitement)
“supplementary payment” means a supplementary payment out of the Consolidated Fund under subsection 23(2).(versement supplémentaire)
“surviving spouse’s pension” means a pension described in section 11.(pension de conjoint survivant)
To establish that he or she is a common-law partner, a person shall provide the Minister with a statutory declaration accompanied by proof acceptable to the Minister. 2008, c.45, s.28
When a reference is made in this Act to a person being or becoming a specified age or being under or over a specified age, the person shall be deemed to be or to become the specified age at the beginning of the calendar month next following the calendar month in which the person actually is or becomes or will be or become that age. 2000, c.P-21.1, s.2
2000, c.P-21.1, s.3; 2008, c.45, s.28
(a) if they were married to each other, the date on which they were married,
(b) if they were parties to a voidable marriage, the date on which they were married, or
(c) if they were parties to a void marriage, the date on which they went through a form of marriage.
If, by reason of the operation of subsection (1), more than one date could be the date of marriage of two persons, the date of marriage of the two persons shall be deemed to be the earlier or earliest of those dates.
If a judge was cohabiting in a conjugal relationship with his or her spouse immediately before their marriage, the date of marriage shall be deemed to be the date on which they commenced to cohabit in a conjugal relationship.
For the purposes of this Act and the regulations, the date of common-law partnership of a judge and his or her common-law partner is the date on which they commenced to cohabit in a conjugal relationship.
If a judge and the person with whom the judge was cohabiting in a conjugal relationship are no longer cohabiting by reason only of the illness or mental or physical infirmity of either of them, they shall be deemed to continue to be cohabiting in a conjugal relationship. 2008, c.45, s.28
The Provincial Court Judges Superannuation Account established under section 3 of New Brunswick Regulation 84-104 under the Provincial Court Act on May 18, 1984, is continued as the Provincial Court Judges’ Pension Trust Account.
The pension trust fund into which the pension contributions of judges were paid under subsection 17.1(2) of the Provincial Court Act before February 18, 2000, is continued as the Provincial Court Judges’ Pension Trust Fund, and all contributions made under this Act to the Account shall be paid into that fund.
The Minister shall be the trustee of the Fund, and the Fund shall be held in trust by the Minister.
All benefit payments under Part 3, all benefit payments under the Provincial Court Act except payments referred to in subsection 23(4) of this Act and all returns of contributions that were deductible contributions, as provided for in subsection 147.2(4) of the Income Tax Act (Canada) and in paragraph 8503(4)(a) of the Income Tax Regulations under that Act, and that were paid into the Fund, shall be a charge on and payable out of the Fund.
Expenses that relate to the administration of the provisions of this Act, expenses that relate to the administration of the benefit provisions of the Provincial Court Act other than payment under subsection 23(4) of this Act and expenses that relate to the management and investment of the Fund are a charge on and payable out of the Fund.
All interest arising from the Fund shall be paid into and form part of the Fund. 2000, c.P-21.1, s.4; 2016, c.28, s.83
2000, c.P-21.1, s.5; 2008, c.45, s.28; 2011, c.12, s.1
An active judge shall make contributions in relation to the Plan in an amount established by the regulations, in accordance with and as required by the regulations, until the date on which the total amount of the annual pension that the judge would be entitled to be paid under Part 3 on retirement when combined with the total of the annual supplementary allowances and other annual supplementary payments that the judge would be entitled to be paid under Part 4 on that date equals 65% of his or her average salary.
Despite subsection (1), an active judge who is or becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada) on or after February 18, 2000, shall cease to make contributions as required in subsection (1), and shall not accumulate pensionable service,
(a) on and after February 18, 2000, and any benefit that the judge is entitled to be paid under Part 3 shall begin to be paid not later than that date, if the judge had become the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada) on or before December 31, 1999, or
(b) on and after the day following the last day of the year in which the judge becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada), and any benefit that the judge is entitled to be paid under Part 3 shall begin to be paid not later than that day, if the judge had not become the age prescribed on or before December 31, 1999.
Subject to the Income Tax Regulations under the Income Tax Act (Canada) and subject to the regulations, for the purposes of calculating the amount of a judge’s contributions required to be made under subsection (1), a judge who receives only a portion of the judge’s salary in relation to any pay period shall be deemed to have received the full salary for that pay period.
The maximum period of pensionable service of a judge that may be used for the purposes of calculating a benefit under this Act or the regulations is the period that ends on the date on which the total amount of the annual pension that the judge would be entitled to be paid under Part 3 on retirement when combined with the total of the annual supplementary allowances and other annual supplementary payments that the judge would be entitled to be paid under Part 4 on that date equals 65% of his or her average salary, whether the recipient of the benefit is the judge, the spouse, common-law partner, child or estate of the judge or the legal representative of any of them.
2000, c.P-21.1, s.6; 2016, c.37, s.156; 2019, c.29, s.128
In this section, “surplus” means, in relation to the Fund, an amount of assets in the Fund at a given time that is greater than the total actuarial liability in the Fund at that time, established on a going concern or on a solvency basis, whichever basis provides a greater amount, as determined by the actuary appointed for the Plan by the Minister.
(a) the amount, determined by an actuarial valuation approved by the Chair of the Treasury Board, that is necessary, in addition to the contributions paid by judges, to cover current service cost in relation to benefits payable under Part 3, and
(b) any additional amounts that are required to amortize any unfunded liability in relation to benefits payable under Part 3, in equal annual instalments over a period determined by the Minister, beginning on the date of the actuarial valuation that establishes the unfunded liability.
Amounts referred to in subsection (2) shall not exceed eligible contributions as provided for in subsection 147.2(2) of the Income Tax Act (Canada).
If at any time there is a surplus in the Fund, the Minister may
(a) reduce the amount of any payments or stop making any payments that are required to be made into the Fund under subsection (2), until the time that there is no longer a surplus in the Fund, and
(b) withdraw amounts of money from the Fund, until the time that there is a surplus in the Fund that is not less than 10% of the amount of the going concern liabilities.
If the Plan is wound up and there is a surplus in the Fund at that time, the surplus shall be
(a) distributed first in paying the supplementary allowances, reduced supplementary allowances, other supplementary payments and disability benefits provided for in Part 4, and
(b) after payment under paragraph (a), retained by the Province.
If at any time the amount of money in the Fund is insufficient to make all payments required to be made under Part 3 and all benefit payments under the Provincial Court Act except payments referred to in subsection 23(4) of this Act, the Minister shall, at the request of the Treasury Board, pay out of the Consolidated Fund into the Fund an amount sufficient to enable the payments to be made.
2000, c.P-21.1, s.7; 2008, c.45, s.28
A judge who ceases to hold office and, at that time, is not entitled to be paid any annual pension under this Act and is not entitled to be paid any annuity under the Provincial Court Act shall be paid a sum of money equal to all contributions that the judge may have made under subsection 15(7) of the Provincial Court Act to the fund referred to in that subsection before February 18, 2000, and all contributions that the judge has made in relation to the Plan under subsection 7(1) of this Act, together with interest on the amount contributed by the judge.
If a judge dies and, at the date of death, would not have been entitled to be paid any annual pension under this Act and would not have been entitled to be paid any annuity under the Provincial Court Act, the sum of money referred to in subsection (1) shall be paid
(a) to the judge’s surviving spouse if he or she can be found and would have been entitled to the surviving spouse’s pension under section 11, or to a surviving spouse’s annuity under the Provincial Court Act, had the judge been entitled to be paid an annual pension under this Act or an annuity under the Provincial Court Act on the date of death,
(b) if no person can be paid under paragraph (a), to the judge’s surviving common-law partner if he or she can be found and would have been entitled to the surviving common-law partner’s pension under section 11, or to a surviving common-law partner’s annuity under the Provincial Court Act, had the judge been entitled to be paid an annual pension under this Act or an annuity under the Provincial Court Act on the date of death,
An annual pension calculated in accordance with subsection (2) shall be paid to a judge who
(a) on the date of the judge’s retirement, has at least two years of pensionable service and is at least 60 years of age, or
(b) when a benefit is to begin to be paid to the judge under subsection 7(2), has at least two years of pensionable service.
The amount of an annual pension to be paid to a judge under subsection (1) shall be 2% of the product of the number of the judge’s years of pensionable service, including parts of a year, and the judge’s average salary during those years.
2000, c.P-21.1, s.9; 2008, c.45, s.28
Subject to subsections (8) to (12) and 28(5) and (8) and section 30, the surviving spouse or surviving common-law partner of a judge is immediately entitled, on the judge’s death, to be paid a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, calculated in accordance with subsection (3), (4), (5), (6) or (7), as the case may be, if the judge, at that time
(a) was an active judge who had at least two years of pensionable service and was under 65 years of age,
(b) was being paid a disability benefit,
(c) was an active judge who had at least two years of pensionable service and was at least 65 years of age, but was not yet being paid an annual pension,
(d) had elected an entitlement to, but was not yet being paid, a deferred pension, or
(e) was being paid an annual pension.
The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(a) shall be 50% of the annual pension that would have been payable to the judge if the judge had continued in service as a judge to the age of 65, calculated using the judge’s average salary as of the date of the judge’s death.
The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(b) shall be 50% of the annual pension that would have been payable to the judge if the judge had continued to be paid a disability benefit to the age of 65.
The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(c) shall be 50% of the annual pension that would have been payable to the judge if the judge had retired on the date of the judge’s death.
The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(d) shall be 50% of the deferred pension that would have been payable to the judge under subsection 17(2) when payment of the deferred pension would have begun to be paid, including any annual adjustment as provided for under section 27 between the date on which the judge began retirement and the date of the judge’s death.
Subject to section 13, the amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(e) shall be 50% of the annual pension being paid to the judge on the date of the judge’s death.
Despite anything else in this Act, if a judge who is being paid an annual pension dies, no person is entitled to be paid a surviving spouse’s pension unless the person was the spouse of the judge on the date when the annual pension began to be paid to the judge.
Despite anything else in this Act, if a judge who is being paid an annual pension dies, no person is entitled to be paid a surviving common-law partner’s pension unless the person was the common-law partner of the judge on the date when the annual pension began to be paid to the judge and on the date of the judge’s death.
(a) the surviving spouse was married to the judge
(i) on the date of the judge’s death, or
(ii) in a case described in subsection (8), on the date when an annual pension began to be paid to the judge, and
(b) the marriage of the surviving spouse and the judge was not a void or voidable marriage.
The spouse or common-law partner of a judge may enter into a written agreement with the judge that waives his or her entitlement to a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be.
A surviving spouse is not entitled to a surviving spouse’s pension and a surviving common-law partner is not entitled to a surviving common-law partner’s pension if there is
(a) a valid written agreement referred to in subsection (11), or
(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.
2000, c.P-21.1, s.10; 2008, c.45, s.28
Subject to subsection 13(9), if a judge described in subsection 11(1) does not leave a surviving spouse or surviving common-law partner or if a surviving spouse’s pension or surviving common-law partner’s pension is not payable or ceases to be payable under this Act, a dependent children’s pension equal to the surviving spouse’s pension or surviving common-law partner’s pension that was being or could have been paid under section 11 shall be paid in equal shares to the judge’s dependent children.
A dependent children’s pension shall be paid to the person having custody and control of the child but, if there is no such person, it shall be paid to the child or to another person designated by the Minister.
A dependent children’s pension ceases to be payable
(a) in the case of a child described in paragraph (a) of the definition “dependent child”, when the child becomes 19 years of age,
(b) in the case of a child described in paragraph (b) of the definition “dependent child”, when the child becomes 25 years of age or ceases to be in full-time attendance at an educational institution, whichever occurs first, or
2000, c.P-21.1, s.11; 2008, c.45, s.28
If a judge has a spouse or common-law partner at the time when payments of an annual pension under section 10 or subsection 15(1) are to begin to be made to the judge, or at the time when a notice of election is delivered to the Minister as provided for in subsection 16(5) or 17(6), the judge may at that time elect to be paid an annual pension, in accordance with subsection (10), in an amount that is less than the amount payable to the judge, in which case the amount of any annual pension payable to the judge’s surviving spouse or surviving common-law partner, as the case may be, shall be increased in accordance with subsections (2) and (3).
A judge electing a reduced pension under subsection (1) may elect an increased surviving spouse’s pension or an increased surviving common-law partner’s pension in an amount that is 60%, 66.67%, 75% or 100% of the amount of the reduced annual pension that the judge elects to be paid.
The amount of the reduced annual pension of a judge and of the increased annual pension of the judge’s surviving spouse or surviving common-law partner, as the case may be, in total shall be the actuarial equivalent of the total amount of the annual pensions that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made.
A judge making an election to be paid a reduced annual pension under this section may, at that same time, also elect to have guaranteed payments made in accordance with subsections (5) to (9) to his or her surviving spouse or surviving common-law partner, as the case may be, and his or her estate during a period of five, ten or 15 years after the payments of the reduced pension are to begin to be made to the judge, as selected by the judge.
If a judge makes an election under subsection (4), the amount of the reduced annual pension of the judge, of the increased annual pension of the judge’s surviving spouse or surviving common-law partner, as the case may be, 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 annual pensions that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made.
If a judge elects to be paid a reduced annual pension under subsection (4) and dies during the guarantee period of five, ten or 15 years selected by the judge, his or her surviving spouse or surviving common-law partner who would be entitled to receive a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, under section 11 is entitled to receive, instead of that surviving spouse’s pension or surviving common-law partner’s pension, an annual pension
(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 lifetime of the spouse or common-law partner, as the case may be, in the increased amount determined in accordance with subsection (5).
If a judge elects to be paid a reduced annual pension under subsection (4) and both the judge and his or her spouse or common-law partner 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 annual pension payments that the judge or, if his or her spouse or common-law partner survives the judge, his or her spouse or common-law partner would have been paid during the remainder of the selected guarantee period if the judge and his or her spouse or common-law partner had not died during that period.
Notice of any election under this section
(a) shall be made in writing, shall indicate the amount of the judge’s reduced annual pension and of the increased surviving spouse’s pension or the increased surviving common-law partner’s pension, as the case may be, and shall be signed by the judge,
(d) is irrevocable.
A judge who elects to be paid a reduced annual pension under this section is not entitled to re-elect to be paid a different reduced annual pension or an unreduced annual pension at another time.
2000, c.P-21.1, s.12; 2008, c.45, s.28
A judge who, at the time when payments of an annual pension under section 10 or subsection 15(1) are to begin to be paid to the judge, or at the time when a notice of election is delivered to the Minister as provided for in subsection 16(5) or 17(6), has no spouse or common-law partner and no dependent child may at that time elect to be paid a lifetime annual pension, in accordance with subsection (5), in an amount that is less than the amount payable to the judge under section 10 or subsection 15(1), 16(1) or 17(2), in which case a payment under subsection (2) shall be guaranteed to the judge’s estate during a period of five, ten or 15 years after the payments of the reduced pension are to begin to be made to the judge, as selected by the judge.
If a judge elects to be paid a reduced annual pension under this section and dies before the expiry of the guarantee period of five, ten or 15 years 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 annual pension payments that would have been paid to the judge during the remainder of the selected guarantee period if the judge had not died during that period.
The amount of a reduced annual pension to be paid to a judge making an election under this section and of the payment to the judge’s estate in total shall be the actuarial equivalent of the total amount of the payments that would have been made to the judge during the judge’s lifetime if the election had not been made.
If a judge elects to be paid a reduced annual pension under this section and dies after the end of the guarantee period of five, ten or 15 years selected by the judge, no payment shall be made to the judge’s estate under subsection (2).
Notice of an election under subsection (1)
(a) shall be made in writing, shall indicate the amount of the judge’s reduced annual pension and the period during which payment to the judge’s estate is guaranteed, and shall be signed by the judge,
(d) is irrevocable.
A judge who elects to be paid a reduced annual pension under this section is not entitled to re-elect to be paid a different reduced annual pension or an unreduced annual pension at another time.
(a) begin retirement,
(b) cease to be paid the disability benefit, and
(c) be paid an annual disability pension in the amount of 2% of the product of the number of years of pensionable service, including parts of a year, that the judge would have had, if he or she had continued in service as a judge until becoming 65 years of age, and the judge’s average salary during the judge’s years of pensionable service.
For the purposes of a calculation under paragraph (1)(c), the judge’s average salary shall be adjusted in accordance with section 27, with the necessary modifications, from the date when the judge ceased to perform the duties of the position or office of judge as a result of becoming disabled, until the date when the judge became 65 years of age, inclusive, using the indexes and multipliers that would have been used to adjust a benefit during the years in question.
Despite anything else in this Act except subsection (4), a disability pension under this section is payable instead of any other annual pension and an inactive judge who is paid a disability pension is not entitled to be paid any other annual pension at another time.
2000, c.P-21.1, s.14
Subject to section 30, a judge who has at least two years of pensionable service and ceases to be an active judge before he or she becomes 60 years of age may elect to retire and be paid an annual pension, in accordance with subsection (2), beginning on the date of retirement, in which case the judge’s annual pension shall be the amount that would have been payable to the judge under section 10 if the annual pension had not begun until the judge became 60 years of age, reduced by three-twelfths of 1% for each calendar month from the calendar month following the calendar month in which the judge actually began retirement, to and including the calendar month before the calendar month in which the judge would become 60 years of age.
Notice of an election under subsection (1)
(a) shall be made in writing, shall indicate the date on which the judge intends to retire and shall be signed by the judge,
(d) is irrevocable.
A notice of election that is made under this section by a judge who ceases to be an active judge because he or she has been removed from office as a judge shall be delivered to the Minister not more than 60 days after all opportunities for appeal of the removal from office have been exhausted.
2000, c.P-21.1, s.15
Subject to section 30, a judge who has at least two years of pensionable service and ceases to be an active judge before becoming 60 years of age may elect to retire and be paid a deferred pension beginning when the judge becomes 60 years of age.
The amount of a deferred pension shall be 2% of the product of the number of the judge’s years of pensionable service, including parts of a year, and the judge’s average salary during those years.
Notice of an election under subsection (1)
(a) shall be made in writing, shall indicate the date on which the judge intends to retire and shall be signed by the judge,
(b) subject to subsection (4), shall be delivered to the Minister not earlier than 60 days and not later than ten days before the date on which the judge’s retirement begins,
A notice of election that is made under this section by a judge who ceases to be an active judge because he or she has been removed from office as a judge shall be delivered to the Minister not more than 60 days after all opportunities for appeal of the removal from office have been exhausted.
A judge who has elected an entitlement to be paid a deferred pension may, at the time when payments of the deferred pension are to begin to be paid, make an election under section 13 or 14 by delivering to the Minister a notice of election under and in accordance with subsection 13(10) or 14(5), as the case may be.
A judge who has elected an entitlement to be paid a deferred pension may, before the deferred pension begins to be paid, change the election and elect to be paid an annual pension under subsection 16(1), but payments of the annual pension elected under that subsection shall not be made retroactively.
(a) to a judge appointed on or after June 19, 1969, the judge’s surviving spouse, surviving common-law partner, dependent child and estate and the legal representative of any of them, if the judge has not filed a certificate of a qualified medical practitioner in accordance with New Brunswick Regulation 84-104 under the Provincial Court Act, certifying that the judge is physically able to carry out the normal functions of the judge’s office, and
(b) to a surviving spouse of a judge who dies within two years after the date of the marriage if the Minister is not satisfied that the judge on the date of the marriage was in a condition of health that would justify him or her in expecting to survive for at least two years.
Despite anything else in this Part, the total amount of any annual benefit payable in any year to a person under this Part shall not exceed an amount allowable under section 8503 of the Income Tax Regulations under the Income Tax Act (Canada), or any other amount that is established as the defined benefit limit under that Act instead, for the calendar year in which payment of the benefit begins. 2000, c.P-21.1, s.17
2000, c.P-21.1, s.18; 2003, c.18, s.13; 2011, c.12, s.1
A judge who becomes and is inactive and is entitled to be paid an annual pension is entitled, on the date when payment of the annual pension begins, to be paid an annual supplementary allowance in an amount equal to 0.75% of the product of the number of the judge’s years of pensionable service, including parts of a year, and the judge’s average salary during those years.
On and after April 1, 2010, with respect to the judge’s years of pensionable service, including parts of a year, accumulated on and after that date, the percentage referred to in subsection (1) shall be read as 1%.
A judge who has elected supernumerary status under section 4.21 of the Provincial Court Act and who remains in office after December 31 of the year in which he or she becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada) is also entitled to be paid the supplementary allowance described in subsection (1).
Despite anything else in Part 3 or in this Part, the total amount of the annual pension that a judge is entitled to be paid under Part 3 on the date of the judge’s retirement, when combined with the total of the annual supplementary allowances and other annual supplementary payments that the judge is entitled to be paid on that date under this Part, shall not exceed 65% of the judge’s average salary.
Subject to section 15 and to subsections (2) and (3), a judge who has at least two years of pensionable service and, as the result of becoming disabled, ceases to be an active judge and to perform the duties of the position or office of judge, shall, during the period when the judge is disabled, be paid an annual disability benefit in the amount of 60% of the salary being paid to the judge on the date on which the judge becomes entitled to be paid the benefit under subsection (2).
Subject to section 30, a judge is not entitled to be paid a disability benefit and no disability benefit shall be paid to a judge until all of the sick leave that the judge has accumulated, earned or been granted under section 16 of New Brunswick Regulation 84-104 under the Provincial Court Act has been taken by the judge.
An inactive judge who is being paid a disability benefit and who again becomes an active judge and ceases to be paid the disability benefit before beginning to be paid a disability pension is entitled to be paid an annual pension under other sections of this Act, if otherwise qualified to be paid the other annual pension.
Despite the definition “pensionable service” and any other provision of this Act, but subject to subsections 7(2) and (4), if an active judge referred to in subsection (4) becomes entitled to be paid an annual pension, other than a disability pension, under any section of this Act, the period during which the judge was inactive and receiving a disability benefit shall be included in determining the length of the judge’s pensionable service for the purpose of calculating the amount of the annual pension that the judge is entitled to be paid.
An inactive judge who is being paid a disability benefit is not required to make contributions in relation to the Plan under subsection 7(1). 2000, c.P-21.1, s.20
2000, c.P-21.1, s.21; 2008, c.45, s.28
Supplementary allowances and reduced supplementary allowances, including any payments to the spouses, common-law partners, children or estates of judges or any legal representative made because of the operation of section 25, and all returns of contributions that were not deductible contributions, as provided for in subsection 147.2(4) of the Income Tax Act (Canada) and in paragraph 8503(4)(a) of the Income Tax Regulations under that Act, and that were paid into the Consolidated Fund, shall be paid out of the Consolidated Fund.
If full payment of a benefit cannot be made under Part 3 because of the application of a provision of the Income Tax Act (Canada) or the Income Tax Regulations under that Act, the portion that cannot be paid shall be paid as a supplementary payment out of the Consolidated Fund, beginning on the date when the judge both becomes inactive and begins to be paid the benefit, and continuing while the judge both remains inactive and is being paid the benefit.
Disability benefits shall be paid out of the Consolidated Fund.
If full payment of an annuity under section 15 of the Provincial Court Act or a return of contributions under section 17.11 of that Act cannot be made under the Provincial Court Act because of the application of a provision of the Income Tax Act (Canada) or the Income Tax Regulations under that Act, the portion that cannot be paid shall be paid out of the Consolidated Fund.
2000, c.P-21.1, s.22; 2003, c.18, s.13
Despite anything else in this Act, if an active judge, as required under subsection 7(2), has been paid any portion of an annual pension to which the judge is entitled under Part 3 while remaining active, the judge and any other persons who would, but for the operation of this subsection, be entitled under this Part to be paid any supplementary allowance or any other supplementary payment beginning when the judge becomes inactive or dies, are not entitled to be paid the supplementary allowance or other supplementary payment
(a) if the judge becomes inactive before dying, until the total amount of the supplementary allowances and any other supplementary payments that the judge, other persons or both would have been entitled to be paid under this Part, but for the operation of this subsection, is equal to the total amount of the annual pension paid to the judge before the judge became inactive, or
(b) if the judge dies before becoming inactive, until the total amount of the supplementary allowances and any other supplementary payments that the other persons would have been entitled to be paid under this Part, but for the operation of this subsection, is equal to the total amount of the annual pension paid to the judge before the judge died.
This section does not apply to an active judge who has elected supernumerary status under section 4.21 of the Provincial Court Act if that election takes effect before the payment of any annual pension referred to in subsection (1) occurs.
If the election of supernumerary status takes effect after the payment of any annual pension referred to in subsection (1) has occurred, this section only applies in relation to the payments of annual pension that occur before the election takes effect.
Except as otherwise provided in this Part, supplementary allowances, reduced supplementary allowances and other supplementary payments under this Part shall be paid at the same time, to the same judges, to their same spouses, common-law partners, children and estates and to the legal representatives of any of them, in the same circumstances and manner and under the same terms and conditions as the corresponding annual pensions, surviving spouse’s pensions, surviving common-law partner’s pensions, dependent children’s pensions and other benefits are or would be payable under Part 3, and the provisions of Part 3 apply, with the necessary modifications, in relation to the payment of those supplementary allowances, reduced supplementary allowances and other supplementary payments. 2000, c.P-21.1, s.23; 2008, c.45, s.28
Section 39 and any regulations made under section 39 apply with the necessary modifications to supplementary allowances, reduced supplementary allowances, other supplementary payments and disability benefits paid to judges, the spouses, common-law partners, children and estates of judges and the legal representatives of any of them, as the case may be, under this Part. 2000, c.P-21.1, s.24; 2008, c.45, s.28
2000, c.P-21.1, s.25
The following definitions apply in this section.
“benefit index” means, for each year, the average of the Consumer Price Index for the 12-month period ending June 30 in the year preceding that year, unless the average is less than 1.01 times the benefit index for the preceding year, in which case the benefit index for the year means the benefit index for the preceding year.(indice de prestation)
“Consumer Price Index” means the Consumer Price Index for Canada published under the authority of the Statistics Act (Canada).(indice des prix à la consommation)
The amount of any benefit payment made under this Act shall be adjusted as of the first day of each year, beginning on January 1, 2000, by multiplying the amount of the benefit payable for the previous year by the ratio that the benefit index for that year bears to the benefit index for the previous year, or 1.05, whichever is the lesser.
Despite subsection (2), if the first adjustment under that subsection results in an increase in the amount of a benefit payment, the amount of that increase shall be reduced by multiplying it by a fraction having a denominator of 12 and a numerator equal to the number of months, in the year preceding the year in which the first adjustment is made, that follow the month in which the judge to whom the benefit payment relates, as the case may be,
(a) became disabled and entitled to be paid a disability benefit,
(b) ceased to hold office,
(c) died, or
(d) becomes or would have become 65 years of age when subsection 15(1) applies.
2000, c.P-21.1, s.26; 2008, c.45, s.28
In this section,“benefit” means an annual pension, a return of contributions or any supplementary allowance or supplementary payment under Part 4, but does not include a surviving spouse’s pension, a surviving common-law partner’s pension or a disability benefit payable to the judge whose benefit is to be divided under this section, or a payment referred to in subsection 23(4).
Despite anything else in this Act except subsections (9) and 40(15), if a competent tribunal makes a decree, order or judgment in relation to the division on marriage breakdown of a benefit that a judge is or may be entitled to under this Act, the commuted value of the benefit shall be determined in accordance with the regulations as of the date of marriage breakdown and shall be divided in accordance with the decree, order or judgment of the tribunal.
Despite anything else in this Act except subsections (9) and 40(15), if a competent tribunal makes a decree, order or judgment in relation to the division on the breakdown of a common-law partnership of a benefit that a judge is or may be entitled to under this Act, the commuted value of the benefit shall be determined in accordance with the regulations as of the date of the breakdown of the common-law partnership and shall be divided in accordance with the decree, order or judgment of the tribunal.
(a) to a division of any other benefit of the judge,
(b) to a surviving spouse’s pension or surviving common-law partner’s pension under section 11 with respect to the judge, or any other benefit or amount payable to the spouse or common-law partner under this Act by virtue of being the spouse or common-law partner of the judge, or
(c) in relation to the Plan under this Act.
Despite anything else in this Act except subsections (9) and 40(15), if a written agreement in settlement of rights arising as a consequence of marriage breakdown is entered into on or after February 18, 2000, and provides for the division on marriage breakdown of a benefit that a judge is or may be entitled to under this Act, the commuted value of the benefit shall be determined as of the date of the marriage breakdown in accordance with the regulations and shall be divided in accordance with the written agreement.
Despite anything else in this Act except subsections (9) and 40(15), if a written agreement in settlement of rights arising as a consequence of the breakdown of a common-law partnership is entered into on or after February 18, 2000, and provides for the division on the breakdown of the common-law partnership of a benefit that a judge is or may be entitled to under this Act, the commuted value of the benefit shall be determined as of the date of the breakdown of the common-law partnership in accordance with the regulations and shall be divided in accordance with the written agreement.
If the Minister establishes or approves a method for determining the commuted value of a benefit that is different from the method established under the regulations, the value determined by the method established or approved by the Minister shall prevail.
Despite anything else in this section, a division of a benefit under this section shall not result in a reduction of the commuted value of the benefit of a judge by more than 50%.
A division of a benefit under this section applies only in relation to a benefit accrued between the date of marriage and the date of marriage breakdown or between the date of common-law partnership and the date of the breakdown of the common-law partnership, as the case may be.
A division of a benefit under this section is limited by any restrictions under this Act in relation to the payment of money out of the Fund or the Consolidated Fund under this Act.
If a benefit, other than a return of contributions, becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and shall continue, unless otherwise provided for in this Act, during the lifetime of the recipient, until the end of the month in which he or she dies and any amount of the monthly instalment in arrears that remains unpaid on the date of his or her death shall be paid 2000, c.P-21.1, s.28; 2008, c.45, s.28
(a) if the recipient was a judge, to the recipient’s surviving spouse if he or she can be found and is entitled to the surviving spouse’s pension under section 11,
2000, c.P-21.1, s.29; 2003, c.18, s.13; 2013, c.44, s.38
The following definitions apply in this section.
“Public Service” means the departments, boards, commissions, corporations, agencies and educational institutions whose employees are members of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions.(services publics)
Subject to subsection 7(2), a judge’s entitlement to be paid a benefit is suspended while the judge
(a) is employed in full-time employment in the Public Service,
(b) is not employed in full-time employment in the Public Service, but is required to participate in a pension plan sponsored by the Province in respect of the person’s employment,
(c) has resumed service as an active judge, other than as a person selected to act as and exercise the powers of a judge under subsection 7.1(2) of the Provincial Court Act,
(d) is a judge who is subject to the Judges Act (Canada),
(e) is a senator of Canada,
(f) is a member of the Legislative Assembly of New Brunswick,
(g) is a member of the House of Commons of Canada,
(h) is the Lieutenant-Governor of New Brunswick,
(i) is the Governor General of Canada, or
(j) holds any other office, position or employment prescribed by regulation for the purposes of this section.
If a recipient of a benefit is unable to manage his or her own affairs for any reason, the Minister may designate a proper person to receive payment on the recipient’s behalf of any amount that is payable to him or her under this Act. 2000, c.P-21.1, s.30
No right of a person under Part 3 or Part 4 is capable of being assigned, charged, anticipated, given as security or surrendered and, for the purposes of this section, 2000, c.P-21.1, s.31; 2008, c.45, s.28
(a) an assignment does not include
(i) an assignment under a decree, order or judgment of a competent tribunal or a written agreement in settlement of rights arising as a consequence of the breakdown of a marriage between a judge and his or her spouse or former spouse or the breakdown of a common-law partnership between a judge and his or her common-law partner or former common-law partner, or
(ii) an assignment by the legal representative of a deceased judge on the distribution of the judge’s estate, and
(b) a surrender does not include a reduction in benefits to avoid the revocation of the registration under the Income Tax Act (Canada) of the pension plan provided for in Part 3.
No provision of this Act that prevents a judge who has elected or is being paid a particular type of benefit from being paid any other particular type of benefit shall be construed so as to prevent the judge from being paid a surviving spouse’s pension or a surviving common-law partner’s pension or any other benefit or amount payable to the judge by virtue of being the surviving spouse or surviving common-law partner of another judge. 2000, c.P-21.1, s.32; 2008, c.45, s.28
2000, c.P-21.1, s.35; 2016, c.37, s.156; 2019, c.29, s.128
Any notice or other document to be served by the Minister on a person under this Act or the regulations may be served by personal service or by being deposited in the mail in an envelope with postage prepaid, addressed to the person at the person’s address as shown by the records of the Minister.
A notice or other document referred to in subsection (1) shall be deemed to be served five days after the deposit of the notice or other document in the mail.
Proof of service in either manner provided for in subsection (1) may be made by a certificate or an affidavit purporting to be signed by any employee of the Department of Finance and Treasury Board, naming the person on whom service was made and specifying the time, place and manner of the service.
A document that purports to be a certificate or affidavit of an employee of the Department of Finance and Treasury Board to the effect that the service was made in the manner provided for in subsection (1)
(a) shall be admissible in evidence without proof of the signature, and
(b) is, in the absence of evidence to the contrary, proof that the person named in the certificate or affidavit was served with the notice or document referred to in the certificate or affidavit.
In any proceeding relating to a benefit under this Act, when proof of service is made as provided for in subsection (3), the burden of proving that a person is not the person named or referred to in the certificate or affidavit shall be on the person so alleging.
The Minister shall administer this Act and may designate persons to act on the Minister’s behalf. 2000, c.P-21.1, s.33
The Minister of Finance and Treasury Board is the plan governor. 2006, c.17, s.1; 2016, c.37, s.156; 2019, c.29, s.128
Each year the Minister shall lay before the Legislative Assembly a report on the administration of this Act during the preceding fiscal year that shall include 2000, c.P-21.1, s.34
(a) a statement showing the number of persons being paid benefits under Part 3 and the amounts paid into and out of the Fund during that fiscal year, and
(b) a statement showing the number of persons being paid supplementary allowances, reduced supplementary allowances, other supplementary payments and disability benefits under Part 4 and the amount paid into and out of the Consolidated Fund in relation to those allowances, other payments and benefits during that fiscal year.
2000, c.P-21.1, s.36; 2008, c.45, s.28
The Lieutenant-Governor in Council may make regulations
(a) establishing an interest rate or interest rates for the various purposes of this Act and the regulations, or adopting for any of those purposes an interest rate or interest rates established under another Act of the Province;
(b) respecting the funds and the accounts into which contributions or payments of judges, the Minister and other persons are to be made;
(c) respecting requirements in relation to contributions or payments, the amounts of contributions or payments, the portion of contributions or payments to be paid into and out of funds and accounts, and the manner of payment into and out of funds and accounts, for the various purposes of this Act and the regulations;
(d) respecting the nature of the evidence required to establish proof of age, death, spousal status or parentage for the purposes of this Act and the regulations, the time within which that evidence is to be provided and the consequences of any failure to provide that evidence within that time;
(e) respecting the determination of the commuted value of a benefit for the purposes of section 28;
(f) respecting the circumstances and manner in which the portion of the benefit to which a spouse or common-law partner of a judge is entitled under section 28 may be dealt with, including, but not limited to, the types of instruments to which the portion may be transferred and the types of instruments that may be purchased with the portion;
(g) respecting the revaluation of benefits for the purposes of section 28;
(h) defining “pensionable service” for the purposes of section 28 or the regulations;
(i) respecting any other matter relating to a benefit to be divided on the breakdown of a marriage or common-law partnership;
(j) prescribing any office, position or employment for the purposes of section 31;
(k) respecting forms for the purposes of this Act and the regulations;
(l) defining any word or expression used but not defined in this Act;
(m) prescribing anything required by this Act to be prescribed;
(n) generally for the better administration of this Act.
A regulation under subsection (1) may be made retroactive to April 1, 1998, or to any date after April 1, 1998.
2000, c.P-21.1, s.37; 2003, c.18, s.13; 2008, c.45, s.28; 2011, c.12, s.1
In this section, “benefit” , when used with reference to the Provincial Court Act, means a benefit as defined in that Act.(prestation)
The provisions of the Provincial Court Act relating to benefits do not apply to a judge appointed as a judge on or after February 18, 2000, and the judge, the spouse, common-law partner, child or estate of the judge or the legal representative of any of them, shall not be paid any benefit under that Act.
Subject to subsections (8), (13), (15) and (16), a judge appointed as a judge on or before February 18, 2000, the spouse, common-law partner, child or estate of the judge or the legal representative of any of them, as the case may be, may elect to be paid the benefits to which any of them are entitled under the Provincial Court Act, or to be paid the benefits to which any of them are entitled under this Act, on the occurrence of any one of the following events:
(a) the judge retires and is entitled to be paid an annuity under the Provincial Court Act or an annual pension under this Act, immediately on retirement;
(b) the judge has been removed from office as a judge and all opportunities for appeal of the removal from office have been exhausted, or the judge dies or resigns;
(c) the judge becomes disabled;
(d) the judge asks to retire and be paid a deferred pension;
(e) the judge, spouse, common-law partner, child, estate or legal representative, as the case may be, becomes entitled to a return of contributions, with or without interest; or
(f) the judge, spouse, common-law partner, child, estate or legal representative, as the case may be, becomes entitled to be paid any other benefit under the Provincial Court Act or this Act, whether immediately or at a future date.
A judge to whom subsection (3) applies may, if he or she has elected supernumerary status under section 4.21 of the Provincial Court Act and proposes to remain in office after December 31 of the year in which he or she becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada), elect to be paid the benefits to which he or she is entitled under the Provincial Court Act rather than the benefits to which he or she is entitled under this Act.
An election under subsection (4) shall be made by delivering to the Minister a notice of election, which
(a) shall be in writing,
(b) shall be signed by the judge,
(c) shall be delivered to the Minister no later than September 30 of the year in which the judge becomes the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada), and
(d) is irrevocable.
Subject to paragraph (15)(c), if a judge, the spouse, common-law partner, child or estate of a judge or the legal representative of any of them, as the case may be, is paid or elects to be paid any benefit under the Provincial Court Act, none of them may be paid or elect to be paid any benefit under this Act, and if a judge, the spouse, common-law partner, child or estate of a judge or the legal representative of any of them, as the case may be, is paid or elects to be paid any benefit under this Act, none of them may be paid or elect to be paid any benefit under the Provincial Court Act.
A judge who has ceased to make contributions to the Fund as provided for under subsection 7(1) or (2) or who has made an election under subsection 13(1) or (4), 14(1), 16(1) or 17(1) shall be deemed to have made an election to be paid benefits only under this Act and that election to be paid benefits only under this Act is irrevocable.
(a) the Minister shall determine whether the judge, spouse, common-law partner, child, estate or legal representative, as the case may be, would be paid a more favourable benefit under the Provincial Court Act or under this Act as the result of the occurrence of the event and shall, without delay, serve the judge, spouse, common-law partner, child, estate or legal representative, as the case may be, with a written notice describing the benefit payable under each of the two Acts and designating which benefit is, in the opinion of the Minister, more favourable and under which Act it would be paid, and
(b) the judge, spouse, common-law partner, child, estate or legal representative, as the case may be, shall be paid that more favourable benefit and shall be deemed to have elected to be paid it under the designated Act, unless an election is made in accordance with subsection (10) to be paid a benefit under the other Act.
Subject to subsections (8), (15) and (16), a judge, spouse, common-law partner, child, estate or legal representative, as the case may be, who wishes to elect payment of a benefit under an Act different from the Act designated by the Minister in the notice served under subsection (9) shall make an election of the benefit under the other Act by delivering to the Minister a notice of election, which
(a) shall be made in writing, shall describe the nature of the benefit elected and shall indicate the Act under which the benefit is paid,
(b) shall be signed by the judge, spouse, common-law partner, child or legal representative, as the case may be, and
(c) shall be delivered to the Minister not more than 30 days after the judge, spouse, common-law partner, child or legal representative is served with the Minister’s notice.
The Minister may, in circumstances considered appropriate by the Minister, extend the deadline referred to in paragraph (10)(c).
A notice of election under subsection (10)
(a) is not effective unless it is delivered to the Minister before the 30-day deadline or the extended deadline, as the case may be, is past, and
(b) is irrevocable.
Subject to subsection (14) and paragraph (15)(c), nothing in this section shall be construed so as to
(a) permit or entitle a judge who has not retired on or before February 18, 2000, the spouse, common-law partner, child or estate of such a judge or the legal representative of any of them, to be compensated as though the judge had retired on or before that date, or to be paid a benefit referred to in subsection 7(2) in relation to any time before February 18, 2000, or
(b) permit, or entitle any person to, the election of a benefit, a determination of the commuted value of a benefit, the determination of the portion of the commuted value of a benefit to be divided, the revaluation of a benefit, the reduction of the spouse’s portion or common-law partner’s portion or the conduct of any other matter in relation to the division of a benefit on the breakdown of a marriage or common-law partnership, under this Act instead of under the Provincial Court Act, if any of those matters are dealt with in a decree, order, judgment or written agreement issued, given or made before February 18, 2000.
A judge to whom paragraph 7(2)(a) applies shall be paid an amount equal to the amount of the benefit, with interest, that would have been paid to the judge under Part 3 in the period between April 1, 1998, and February 18, 2000, inclusive, if paragraph 7(2)(a) had come into force and this Act had received Royal Assent on April 1, 1998, and section 24 applies with the necessary modifications to the payment.
If the commuted value of a benefit of a judge is to be divided on the breakdown of a marriage or common-law partnership in accordance with the Provincial Court Act or this Act, as designated in a decree, order, judgment or written agreement
(a) subject to paragraph (13)(b), the determination of the commuted value of the benefit, the determination of the portion of the commuted value of the benefit to be divided, the revaluation of the judge’s benefit, the reduction of the spouse’s portion or common-law partner’s portion and all other matters in relation to the division shall be conducted in accordance with the designated Act,
(b) subject to paragraph (13)(b), that division shall be deemed to be an irrevocable election of the designated Act for those purposes, and
(c) the division under the designated Act shall not be deemed to be an election by the judge or any other person of an entitlement to payment at a later date of a benefit under that Act, unless the election is made or deemed to be made independently of the decree, order, judgment or written agreement.
Despite subsection (15), the revaluation of the judge’s portion of an annual pension on the breakdown of his or her marriage or common-law partnership in accordance with the designated Act shall apply and be irrevocable, whether the judge at a later date or independently elects an entitlement to be paid the annual pension under the designated Act or the other Act.
If, between April 1, 1998, and February 18, 2000, inclusive, a judge would have been entitled under subsection 7(1) or (2), if that subsection had been in effect on April 1, 1998, to cease making contributions in relation to the Plan under this Act, a sum of money equal to all contributions that the judge may have made under subsection 15(7) of the Provincial Court Act, as that subsection existed before February 18, 2000, to the fund referred to in that subsection between the date when that entitlement to cease contributing would have occurred and February 18, 2000, shall be returned to the judge, together with interest on the amount contributed by the judge, and subsections 9(2) and (3) apply with the necessary modifications to the return of contributions. 2000, c.P-21.1, s.38