Salary overpayments caused by Phoenix: the government finally takes a step in the right direction

Fellow members,

The federal government has just announced that it is proposing new measures to help correct the wide-ranging issue of employees having to repay the gross instead of the net amount of a salary overpayment caused by system, administrative or clerical errors. This is particularly significant for PIPSC members: tens of thousands of you have experienced this problem first-hand thanks to the calamitous Phoenix system.

This is a significant move on the government’s part, and a direct result of the persistent pressure applied by bargaining agents, including PIPSC, over the past two years. It proves that the government is willing to listen to us, and that by working together, we can realize victories for our members and for all Canadians.

Current legislation requires employees who have been overpaid in the previous year to reimburse their employer the gross amount of the overpayment.  They must then seek reimbursement from the Canada Revenue Agency (CRA) for the excess income tax, Canada Pension Plan (CPP) contributions and Employment Insurance (EI) premiums that were deducted when the overpayment was made.  This is patently unfair and places an undue financial burden on affected employees.

Following a period of public consultation (in which the Institute will participate) in the weeks ahead, the government plans to introduce draft legislation that would correct this situation by allowing employees to repay only the net amount of the overpayment.  The CRA would be tasked with directly refunding the employer the tax, CPP and EI that had been withheld – thereby relieving employees of this problem. Quebec has announced that it will align itself with these legislative changes.

We will keep you updated on the progress of these important legislative changes in the weeks ahead.

Members who require assistance with pay issues should contact our specialists at https://www.pipsc.ca/news-issues/phoenix-pay-system/phoenix-help-form.

Better Together!

Debi Daviau,
President


24 April 2018
Like all Canadians, members of the Institute are shocked by the senseless deaths and horrific injuries that occurred yesterday afternoon in Toronto. Our thoughts are with the victims and their families.

6 April 2018
Last week I had the opportunity to meet with the National Capital Region Liberal Caucus. I was grateful for the warm reception I received and know that many of the Members of Parliament rearranged their schedules to be able to attend. I used this opportunity to raise PIPSC’s continued concerns with the disastrous Phoenix pay system.

14 March 2018
Following tremendous pressure on the part of public service bargaining agents, the government has finally introduced some much-needed flexibility in the recovery of overpayments caused by Phoenix.

28 February 2018
I am pleased to report that yesterday’s federal Budget committed $16M towards the building of an alternative pay system to replace the disastrous Phoenix.

27 February 2018
With “tax season” fast approaching, the government has recently updated the information available online regarding three types of financial claims linked to the Phoenix pay system: requesting an advance for government benefits; reimbursement for tax advice; and claims for out-of-pocket expenses.

20 February 2018
Last week I was invited to meet with the Cabinet level working group on the Phoenix pay system to discuss potential solutions. I last met with the Cabinet committee in June 2017 and since then we have sadly seen little to no progress – in fact the problems continue to mount.