| Citation: |
Schenkman v. Canada (Attorney General), 2010 FC 527, [2010] 3 F.C.R. D-8 |
T-1650-07 |
Public Service
Pensions
Judicial review of decision by Superannuation Pension Transition and Client Services of Public Works and Government Services Canada, requesting recovery of overpayment made to applicant—Applicant receiving pension benefits after termination of employment in 1999—Reinstated retroactively in 2002, receiving pensionable salary between 1999–2002—Assertion that pension benefits made during period in question not made in error narrow interpretation of Public Service Superannuation Regulations, SOR/93-450, s. 6—Public Service Superannuation Act, R.S.C., 1985, c. P-36, s. 29 clearly prohibiting receiving both pension benefit, pensionable salary for same period—Narrow reading of s. 6 as suggested by applicant frustrating that purpose—Benefits should have been terminated after applicant re-employed, thus payments made in error—No matter if no mistake made at that time—“In error” having broader meaning than “by mistake”—Application dismissed.
Schenkman v. Canada (Attorney General) (T-1650-07, 2010 FC 527, O’Keefe J., judgment dated May 13, 2010, 20 pp.)