Public Service Superannuation Regulations

6 (1) Where an amount has been paid in error under the Act to any person on account of any annuity or annual allowance, the Minister shall forthwith demand payment from that person of an amount equal to the amount paid in error.

(2) A person from whom payment of an amount has been demanded by the Minister pursuant to subsection (1) shall, within 30 days from the day on which the demand is made

• (a) pay that amount to the Minister in one lump sum, or

• (b) arrange to pay the amount to the Minister in monthly instalments to be deducted from his annuity or annual allowance for the lesser of

  • (i) the life of that person, or

  • (ii) the period required to pay the amount in monthly instalments equal to 10 per cent of the gross monthly amount of any annuity or annual allowance payable to that person under the Act,

as that person may elect, calculated as of the date of his election, in accordance with Canadian Life Table No. 2 (1941), Males or Females, as the case may be.

(3) Where a person referred to in subsection (2) does not elect within 30 days from the day on which the demand for payment is made, he shall be deemed to have chosen the method of payment specified in paragraph (b) of that subsection.

(4) Any person in respect of whom deductions are made under this section may, at any time

• (a) pay the amount then owing in one lump sum; or

• (b) arrange to pay the amount then owing

  • (i) by larger monthly instalments on a basis similar to that described in paragraph (2)(b), or

  • (ii) by a lump sum payment and monthly instalments on a basis similar to that described in paragraph (2)(b) and payable within the same or a lesser period than that originally used.

(5) Where, pursuant to this section, deductions are to be made from the gross monthly amount of an annuity or annual allowance, the first deduction therefrom shall be made in the month following the month in which the 30-day period prescribed in subsection (2) expires, and succeeding deductions shall be made monthly thereafter in equal amounts during the life of the person to whom the annuity or annual allowance is payable or until the amount demanded by the Minister pursuant to subsection (1) has been paid, except with respect to the last instalment which may be less in amount than the preceding instalments.

(6) Notwithstanding subsection (2), where the monthly deductions referred to therein would, in the opinion of the Minister, cause financial hardship to the person to whom the annuity or annual allowance is payable, the Minister may direct that lesser monthly deductions be made but such deductions shall not in any case be less than five per cent of the gross monthly amount of annuity or annual allowance, or $1, whichever is the greater.

(7) Notwithstanding subsection (5), where the Minister directs, pursuant to subsection (6), that lesser monthly deductions be made, such deductions shall be continued until the amount then owing is paid in full and if the person in respect of whom the deductions are made dies before the amount is paid in full, the balance remaining unpaid shall, if the Minister so directs, be recovered from any further benefits payable under the Act in respect of that person.

(8) The provisions of subsections 5(9) and (10) apply to this section.