Clause 9

When the Board is satisfied that any amount has been paid to the Fund by error in respect of any employee either wholly or partly in excess of the amount that was due to be paid, the Board may subject to the provisions of subsection (2) of this section refund the amount so paid in excess to the person by whom it was made:Provided that if the excess payment was in the opinion of the Board made by error occasioned by negligence on the part of the person by whom it was made or if the refund such excess payment is not claimed within three years of the date on which it was made or if the member in respect of whom it was made has withdrawn it, such excess payment shall not be refunded but shall be deemed to have been properly made as an excess contribution under subsection (3) of section 7 of this Ordinance for the employee in respect of whom it was made:Provided further that if any amount is due to the Fund from the person to whom refund of the amount paid in excess would otherwise be made the Board may retain the whole or any part of such excess payment and set it off against such amount as is due.(2) No refund shall be made and no amount shall be set off under this section except with the consent of the Board who may require the person by whom the excess payment was made to make a written application for refund and to furnish such information as the Board may require to determine the amount of the excess payment and the circumstances in which it ocurred.(3) If any contribution or excess amount or part thereof paid in error is refunded to any person after it has been in the Fund throughout the whole of any year, the Board may at its discretion credit to the amount repaid interest at two and one-half per centum in respect of any such year.”.