Canada Pension Plan

Marginal note:Refund of overpayment in accordance with agreement

• 39 (1) Notwithstanding anything in this Act, where an overpayment has been made by an employee on account of the employee’s contribution for a year under this Act, the Minister may, in accordance with any agreement that may be entered into by him with the approval of the Governor in Council with the appropriate authority of a province having the administration of the provincial pension plan referred to in subsection 8(2), if application in writing is made to the Minister by the employee not later than four years after the end of the year, refund to the employee the whole amount of the excess referred to in that subsection, in which case the whole of that amount shall be deemed to be an overpayment made by the employee on account of his contribution for that year under this Act.

• Marginal note:Saving

  (2) Where in accordance with any agreement entered into under subsection (1) the appropriate authority of a province has refunded to an employee the whole amount of the excess referred to in subsection 8(2) with respect to that employee, the whole of that amount shall be deemed to be an overpayment made by the employee on account of his contribution for that year under the provincial pension plan referred to in that subsection.

• Marginal note:Provision for making of financial adjustments

  (3) Any agreement entered into under subsection (1) may provide therein for the making of any financial adjustments required to be made by reason of any payments made to employees in accordance with that agreement and for the crediting or charging of the amount of those adjustments to the Canada Pension Plan Account.