R-9 - Act respecting the Québec Pension Plan

Section 59.2 Disposition versions

2021-06-02

59.2. For the purposes of this Act, an amount deducted by an employer under section 59 for a particular year after the year 2015 in respect of an excess payment that was paid by the employer to an employee—as a result of an administrative, clerical or system error—as remuneration in respect of pensionable employment is deemed, to the extent provided for in the second paragraph, not to have been deducted if

(a)  before the end of the third year that follows the year in which the amount was deducted,

i.  the employer elects to have this section apply in respect of the amount, and

ii.  the employee has repaid, or made an arrangement to repay, the employer;

(b)  before making the election referred to in subparagraph i of subparagraph a, the employer has not filed an information return correcting for the excess payment; and

(c)  any additional conditions determined by the Minister are met.

The amount that is deemed under the first paragraph not to have been deducted is the lesser of the amount that was deducted by the employer under section 59 for the particular year in respect of the excess payment and the amount by which the aggregate of all amounts each of which is an amount that was deducted by the employer under that section as the employee’s contributions for the particular year exceeds the aggregate of all amounts each of which is an amount that would have been so deducted by the employer as such contributions for the particular year had the employer not made the excess payment.

2021, c. 14, s. 218.