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


3 November 2017
We have received several inquiries about the impact of the Phoenix pay system on retroactive pay for members who signed new collective agreements this year.

27 October 2017
After years of advocacy, the Treasury Board has agreed to negotiate the addition of non-oral contraceptives to the Public Service Health Care Plan (PSHCP).

6 October 2017
Radio-Canada and the CBC have reported this week that Phoenix was “doomed from the start.” The reason? The business case prepared in 2009 under the previous government “lacked proper risk analysis and was politically motivated.” In the words of former parliamentary budget officer Kevin Page, “You look at this business case, you can drive trucks through some of the holes under the risk analysis.”

3 October 2017
In light of the Phoenix fiasco and as part of a commitment made to bargaining agents to make it easier for their members to obtain information about their pay, Public Services and Procurement Canada (PSCPC) has just released its Pay Bulletin for September.

2 October 2017
The Institute has just filed two new policy grievances on Phoenix-related issues, accusing the Treasury Board of failing to implement the terms of the AV and SP Group collective agreements within the specified timeframe (120 and 90 days respectively).

29 September 2017
While much has been reported about the impact of the Phoenix pay system on current federal employees, comparatively little has been said about the harm done to retirees.