Common use of Regular Benefit Overpayments Clause in Contracts

Regular Benefit Overpayments. (a) If the company or the Board shall determine that any Regular Benefit(s) paid under the Plan should not have been paid or should have been paid in a lesser amount (as the result of a subsequent disqualification of Employment Insurance Benefits or otherwise), written notice thereof shall be mailed to the Employee receiving such Regular Benefit(s) and he/she shall return the amount of overpayment to the Trustee; provided, however, that no such repayment shall be required if the cumulative overpayment is $3.00 or less, or if notice has not been given within one hundred and twenty (120) days from the date the overpayment was established or created, except that no such limitation shall be applicable in cases of fraud or willful misrepresentation. (b) If the Employee shall fail to return such amount of overpayment promptly, the Trustee shall arrange to reimburse the Fund for the amount of overpayment by making a deduction from any future Regular Benefits (not to exceed $30.00 from any one Regular Benefit except in cases of fraud or willful misrepresentation) otherwise payable to such Employee or by requesting the company to make a deduction from monies payable by the company (including, without limitation, Automatic Short Week Benefits and Separation Payments) to such Employee (not to exceed $75.00 from any one pay cheque except in cases of fraud or willful misrepresentation) or both. The company is authorized to make such deduction from the Employee's compensation and to pay the amount deducted to the Trustee.

Regular Benefit Overpayments. (a) If the company Company or the Board shall determine determines that any Regular Benefit(s) paid under the Plan should not have been paid or should have been paid in a lesser amount (as the result of a subsequent disqualification of Employment Insurance Benefits or otherwise)amount, written notice thereof shall be mailed to the Employee receiving such the Regular Benefit(s) and he/she ), who shall return the amount of overpayment to the Trustee; provided, however, however that no such repayment shall be required if the cumulative overpayment is $3.00 or less, or if notice has not been given within one hundred and twenty (120) 120 days from the date the overpayment was established or created, except that no such time limitation shall be applicable in cases of fraud or willful misrepresentation. (b) If the Employee shall fail to return such amount of overpayment promptly, the Trustee shall arrange to reimburse the Fund for the amount of overpayment by making a deduction from any future Regular Benefits (not to exceed $30.00 30 from any one 1 Regular Benefit except in cases case of fraud or willful misrepresentation) otherwise payable to such Employee Employee, or by requesting the company Company to make a deduction from monies future Regular Benefits or compensation payable by the company (including, without limitation, Automatic Short Week Benefits and Separation Payments) Company to such the Employee (not to exceed $75.00 75 from any one 1 pay cheque in the case of an Hourly Employee and $100 in the case of a Salaried Employee except in cases of fraud or willful misrepresentation) or both. The company Company is authorized to make such deduction from the Employee's compensation and to pay the amount deducted to the Trustee.

Regular Benefit Overpayments. (a) If the company Company or the Board shall determine that any Regular Benefit(s) paid under the Plan should not have been paid or should have been paid in a lesser amount (as the result of a subsequent disqualification of Employment Insurance Benefits or otherwise), written notice thereof shall be mailed to the Employee receiving such Regular Benefit(s) and he/she shall return the amount of overpayment to the Trustee; provided, however, that no such repayment shall be required if the cumulative overpayment is $3.00 or less, or if notice has not been given within one hundred and twenty (120) days from the date the overpayment was established or created, except that no such limitation shall be applicable in cases of fraud or willful misrepresentation. (b) If the Employee shall fail to return such amount of overpayment promptly, the Trustee shall arrange to reimburse the Fund for the amount of overpayment by making a deduction from any future Regular Benefits (not to exceed $30.00 from any one Regular Benefit except in cases of fraud or willful misrepresentation) otherwise payable to such Employee or by requesting the company Company to make a deduction from monies payable by the company Company (including, without limitation, Automatic Short Week Benefits and Separation Payments) to such Employee (not to exceed $75.00 from any one pay cheque except in cases of fraud or willful misrepresentation) or both. The company Company is authorized to make such deduction from the Employee's compensation and to pay the amount deducted to the Trustee.