CONSIDERATIONS WHICH APPLY TO AN APPLICATION FOR APPOINTMENT

3 . Allowances and benefits

ALLOWANCES

The various allowances described hereafter extend only to actual and reasonable expenses incurred by a judge when performing his or her duties. Except for the removal and the representational allowances, these allowances are not intended to compensate for any additional cost related to such persons as a spouse or a child.

Removal Allowance

Pursuant to the Judges Act, a removal allowance is paid to a person who is appointed a judge and is required to change his or her place of residence to assume judicial functions, and to a judge who is required to change his or her place of residence upon transfer or reassignment.

The major costs which may be reimbursed out of the removal allowance include:

• travelling expenses of the judge and the members of his or her family incurred during the course of looking for a new residence and of moving thereto;

• transportation and storage of household effects;

• costs relating to the sale of the former residence;

• the cost of cancelling any lease on the former residence;

• certain interest charges on the mortgage for the new residence when these are higher than the interest charges on the mortgage for the former residence;

• under prescribed circumstances and for a reasonable period of time, the interest on a short term loan arranged to purchase a new residence pending the sale of the former residence; and

• for a reasonable period of time while the former residence remains on the market, the cost of maintaining the vacated residence, minus any rent received.

Travelling Allowance

Pursuant to the Judges Act, a travelling allowance is payable to a judge who, because of his or her duties, is required to travel outside the immediate vicinity of the place where he or she is by law obliged to reside. The travelling allowance compensates for such costs as transportation, lodging, meals and other actual and reasonable expenses.

Incidental Expenses, Conference, Representational and Northern Allowances

Pursuant to the Judges Act, an allowance for incidental expenditures for each fiscal year is payable to a judge for reasonable incidental expenditures that the fit and proper execution of the office of judge may require.

Judges are reimbursed travelling, registration and other actual and reasonable expenses relating to their attendance at conferences, seminars and meetings with respect to the administration of justice. The attendance of a judge must be approved by his or her Chief Justice. In lieu of attending an approved conference, a judge is entitled to be reimbursed the cost of acquiring written or recorded materials distributed for the purposes of any such meeting, conference or seminar.

A representional allowance is payable to a Chief justice, a puisne judge of the Supreme Court of Canada, the senior judge of the Supreme Court of Yukon, the senior judge of the Supreme Court of the Northwest Territories, the senior judge of the Nunavut Court of Justice, or a judge acting in the place of one of the foregoing, who incurs expenses to meet extra-judicial obligations and responsibilities that devolve on a judge who occupies such a position. This allowance compensates for the expenses actually incurred by the judge or by the judge’s spouse for travelling and other reasonable expenses.

A yearly allowance is payable to each judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice as compensation for the higher cost of living in those three territories.

BENEFITS

Annuities

Judges contribute a percentage of their salary towards their pensions. By virtue of the Judges Act, a judge may retire with a pension equivalent to two thirds of the salary annexed to his or her office

• upon completion of at least 10 years in office and attainment of the age for retirement (75);

• upon completion of at least 15 years in office and a combined age and number of years in office not less than 80;

• upon resignation on grounds of ill health;

• upon completion of at least 15 years in office and where resignation is in the national interest or for the better administration of justice.

A pro-rated annuity is payable to a judge who ceases to hold office by reason of having attained the age of retirement (75), but who has held judicial office for less than ten years. An immediate or deferred pro rated annuity is also payable to a judge who has attained the age of 55 years, has continued in judicial office for at least 10 years, and who elects early retirement.

A judge to whom an annuity has been granted may elect to reduce his or her annuity to allow the payment of an increased annuity to a spouse or common law partner, or the payment of an annuity to a spouse or common law partner who would otherwise not be eligible for one under the Judges Act.

These annuities are indexed.

A judge who is 65 or over but has not reached the age of 70, may apply for and start receiving the Canada Pension Plan retirement pension, even if he or she continues in office. Once a judge starts receiving this pension, he or she is no longer required to make contributions to the Canada Pension Plan. If a judge has made contributions to both the Canada and the Quebec Pension Plans, he or she earns the right to a retirement pension based on total pensionable earnings.

Survivor’s Benefits

Gratuity

When a judge dies while in office, a lump sum gratuity equal to one-sixth of the judge’s annual salary is payable immediately to his or her survivor (spouse or common law partner) or estate.

Annuities

Pursuant to the Judges Act, an annuity equal to one-third of the judge’s salary, or one-half of the annuity granted to the judge under the Judges Act, is paid to his or her survivor. In the latter case, the judge may elect to have this annuity increased from one-half to 60% or 75%, through an offsetting reduction in the annuity granted to the judge. A survivor who married the judge or became a common-law partner after he or she ceased to hold office is not eligible for an annuity, unless the judge had previously elected for a reduced annuity as referred to above.

An annuity equal to one-fifth of the annuity granted to the survivor is granted to each natural, adopted or stepchild of a judge. If there is no survivor each child is granted two-fifths of the annuity that would have been granted to the survivor. To receive an annuity, a child must be less than 18 years of age, or between 18 and 25 years of age and a full-time student substantially without interruption since he or she reached 18 or the judge died, whichever occurred later.

These annuities are indexed.

Insurance

Disability Insurance

Disability insurance as such is not required, since the judge’s income is protected against the risk of disability either by obtaining a leave of absence with full salary or by resigning on grounds of ill health with full pension.

Health Insurance

a) Provincial Health Insurance

Judges and their dependants are entitled to hospital accommodation, in-hospital and other services, depending on their province of residence.

b) Public Service Health Care Plan

This plan paid by the federal government covers a wide range of health costs not covered by provincial health plans for the benefit of judges and their dependants. Coverage is also available to retired judges on an optional basis.

c) Public Service Dental Care Plan

Judges and their dependants are covered by the government paid dental care plan. Coverage is also available to retired judges on an optional basis.

Basic and Supplementary Life Insurance - Accidental Death and Dismemberment Insurance - Dependants’ Insurance - Post Retirement Life Insurance - Living Benefit

The following benefits under the Public Service Management Insurance Plan (Judges Plan) are available to judges appointed after 31 July 2001:

a) Basic Life Insurance. This is compulsory for judges appointed after 31 July 2001, and provides life insurance equal to twice the adjusted annual salary. Coverage is at the government’s expense

b) Accidental Death and Dismemberment Insurance (AD & D). The principal sum of AD & D insurance is $250,000. A schedule sets out the benefits payable to the judge or beneficiary following a loss resulting from an accident and in addition to any life insurance payable. The premium is government paid for judges who opt for this coverage.

c) Dependants’ Insurance. This consists of life insurance and AD & D insurance for the judge’s dependants - spouse or common-law partner, and unmarried children over 14 days but not yet 21 years old (25 for full time students) who are not employed on a full time basis. The premium is also government paid for judges who opt for this coverage.

d) Supplementary Life Insurance. Judges can apply for supplementary life insurance equal to their adjusted salary, which brings the total amount of life insurance to three times adjusted salary while under the age of 61. The amount of supplementary life insurance decreases after age 60. Evidence of insurability satisfactory to the insurer is required for the additional insurance, and judges are responsible for the premiums.

e) Post Retirement Life Insurance. This is available to judges entitled to government - paid basic life insurance on their last day in office and who are entitled to receive an immediate continuing pension under the Judges Act. The insurance is equal to the adjusted final salary in the first year of retirement, decreasing to 25% of adjusted salary in the fourth year and thereafter. The government pays the premium for those entitled to this coverage.

f) Living Benefit. This provides the life insured who has a terminal condition with a portion of the life insurance benefit which would be payable to the beneficiary upon the insured’s death. This portion of the life insurance benefit is deducted from the amount payable to the beneficiary.

As well, the benefits of the Government Employees Compensation Act apply to a judge who is caused personal injury by an accident arising out of and in the course of his or her judicial duties.

Compensation, within the meaning of the same Act, is payable to the dependants of a judge whose death results from an accident arising out of or in the performance of judicial duties; this benefit is equivalent to the level of benefit available to the dependants of the most senior category of public servants. Compensation at this same level is also payable to the survivors of a judge whose death results from an act of violence unlawfully committed by another person while the judge is performing judicial duties.

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