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Contents
Retirement Eligibility | Canada Pension Plan Benefits | Survivor Benefits | Disability Benefits | Contributions | Cost of Living Adjustment
Public Service Superannuation Act
Members of the Public Service Superannuation Plan (PSSP), including Provincial and Family Court Judges, may qualify for pension benefits under the Public Service Superannuation Act when one of the following criteria is met.
Eligibility
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at least 50 years of age, with age plus years of service equalling at least 80;
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at least 60 years of age, with 2 or more years of service;
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at least 55 years of age, with 2 or more years of service (this is a reduced pension).
Calculation of Benefit1
2% X Highest 5 Years Average Salary X Years of Pensionable Service
Note
At age 65 the pension benefit is recalculated as a result of integration with the Canada Pension Plan (CPP).
Lump sum payments such as retroactive compensation can artificially inflate pension estimates if they have not been correctly reported to us. It is possible that your actual pension benefits may be lower and you should take this into consideration.
Provincial and Family Court Judges' Supplementary Pension Rules
A Judge qualifies for a Judge’s pension under the Provincial Court Act when one of the following criteria is met. If neither of the criteria are met, the pension benefit and eligibility would be determined under the normal provisions of the Public Service Superannuation Act (above).
Eligibility for an Unreduced Pension
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at least 65 years of age with at least 5 years of service as a Judge;
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at least 60 years of age with at least 20 years of service as a Judge.
Calculation of Benefit1
3.5% X Highest 3 Years Average Salary X Years of Service as a Judge (to a maximum of 20 years)
Notes
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At age 65 the pension benefit is recalculated as a result of integration with the Canada Pension Plan (CPP).
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Employment status at the time of retirement must be such that the Judge is retiring from a Judge’s position.
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A Judge’s total pension will be the greater of the benefit payable under the Public Service Superannuation Act and the benefit payable under the Provincial Court Act.
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If applicable, the Province’s Consolidated Fund will pay the difference between the pension payable under the Provincial Court Act and that payable under the Public Service Superannuation Act.
Lump sum payments such as retroactive compensation can artificially inflate pension estimates if they have not been correctly reported to us. It is possible that your actual pension benefits may be lower and you should take this into consideration.
Additional Options
There is an additional option available for Judges appointed prior to April 1, 2002. A Judge may qualify for an alternative pension under Section 23 of the Provincial Court Act.
Eligibility
At least 65 years of age with at least 5 years of service as a Judge.
Calculation of Benefit1
7% X Highest 3 Years Average “Authorized” Salary X Years of Service as a Judge (to a maximum of 10 years)
Notes
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This pension is not reduced at age 65, i.e. it is in addition to the benefit payable under the Canada Pension Plan (CPP).
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Employment status at the time of retirement must be such that the Judge is retiring from a Judge’s position.
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A Judge’s total pension will be the greater of the benefit payable under the Public Service Superannuation Act and the benefit payable under the Provincial Court Act.
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The Province’s Consolidated Fund will pay the difference, if applicable, between the pension payable under the Provincial Court Act and that payable under the Public Service Superannuation Act.
Lump sum payments such as retroactive compensation can artificially inflate pension estimates if they have not been correctly reported to us. It is possible that your actual pension benefits may be lower and you should take this into consideration.
Canada Pension Plan (CPP) benefits may be drawn at age 65 or taken as early as age 60. If CPP benefits are drawn early, a reduced amount is calculated by the Canada Pension Plan. For information on CPP benefits please contact the Canada Pension Plan at 1-800-277-9914.
The pension payable under the Public Service Superannuation Act or the Provincial Court Act is not affected by the date the Judge elects to start drawing CPP benefits.
Surviving Spouse
If you are a sitting Judge with at least 5 years of service and you pass away, your surviving spouse would be entitled to receive 100% of the pension benefit that you would have been entitled to receive if you were eligible to retire. This benefit is guaranteed to be paid for a period of 5 years. After the end of the 5-year guarantee period, your spouse would receive 66 2/3% of the your pension benefit, payable for life.
If you die within 5 years after retiring, your surviving spouse would receive 100% of the your pension benefit for the rest of the 5-year guarantee period, at the end of which your spouse would receive 66 2/3% for life. If you die after the 5-year guarantee period, your surviving spouse would be entitled to receive 66 2/3% of your pension benefit, payable for life.
Surviving Children
Surviving children up to 18 years of age (or 25, if in continuous full-time attendance at an educational institution) are eligible to receive 10% of a your pension benefit. If there are more than 3 eligible children, 33 1/3% of your pension benefit is divided equally among them. Note that during the 5-year guarantee period, children’s benefits are deducted from the 100% benefit paid to a surviving spouse. If there is no surviving spouse, eligible surviving children would be entitled to share the 66 2/3% spouse’s benefit.
Surviving Dependants
A dependant is defined as a person who is related to the Plan member who is dependent on the Plan member by reason of physical or mental infirmity. If there is no surviving spouse or child but there is an eligible dependant(s), the dependant(s) would be entitled to receive the survivor benefit that would have been payable to the spouse, divided on an equal basis.
No Surviving Spouse, Children or Dependants
If you die in service and are not survived by a spouse, child, or eligible dependant, a refund of your pension contributions plus interest will be paid to the designated beneficiary or estate. If you do not have eligible survivors, and you retire and then die before receiving pension payments at least equal to your pension contributions plus interest, a refund of the difference will be paid to your designated beneficiary or estate.
Judges with between 5 and 10 years of service as a Judge who become disabled, or Judges with at least 10 years of service as a Judge who resign and whose resignation is deemed to be in the public interest or conducive to the better administration of justice, are entitled to receive a Judge’s pension calculated at the 7% accrual rate, to a maximum of 10 years. (If the Judge was appointed on or after April 1, 2002, the Judge’s pension will be calculated at the 3.5% accrual rate, to a maximum of 20 years.)
Alternatively, as a member of the Public Service Superannuation Plan, a Judge who becomes disabled is entitled to receive Long-Term Disability equal to 65% of their pre-disability salary. For information regarding Long-Term Disability benefits please contact:
NS Public Service LTD Plan Trust Fund
Halifax Professional Centre
5991 Spring Garden Road, Suite 901
Halifax, NS B3H 1Y6
Tel: 902-461-0421
Toll free: 1-877-461-0421
Fax: 902-466-3406
Email enquiries: comments@nsps-ltd.com
Cost of Living Adjustment (Indexing)
The cost-of-living adjustment effective January 1, 2024 is 3.31%.