5. Any person who has received or is receiving a severance allowance or payment from the public sector as defined in Schedule III and who receives a salary as a member of the Tribunal during the period corresponding to that allowance or payment must refund the part of the allowance or payment covering the period for which the person receives a salary, or must cease to receive it during that period.
Despite the foregoing, where the salary received as a member of the Tribunal is lower than the salary received previously, the person must refund the allowance or payment only up to the amount of the new salary, or the person may continue to receive the part of the allowance or payment that exceeds the new salary.
The period covered by the severance allowance or payment corresponds to the period that would have been covered by the same amount if the person had received it as salary in the person’s previous function, employment or position.
704-2016O.C. 704-2016, s. 5.