194. Notwithstanding section 193, there is an irrefutable presumption that any entry in the Record of Earnings relating to the earnings or to a contribution is accurate, after four years have elapsed from the date on which this entry has been made.
Nevertheless, if, from information furnished after such delay by or obtained from the records of an employer, a worker, or a former spouse within the meaning of section 102.2, it appears that the amount of the unadjusted pensionable earnings shown in the Record of Earnings to the account of a contributor or former spouse is less than the amount that should be so shown therein, the Régie may cause the Record to be rectified accordingly.
Moreover, where the earnings and contributions with respect to which the amount shown to the contributor’s account is increased pursuant to the second paragraph have been incorrectly shown in such Record to the account of another contributor, the Board may cause the Record of Earnings to be rectified by reducing accordingly the amount of the unadjusted pensionable earnings shown to the account of that other contributor.
Similarly, where, following a judgment or an arbitration award declaring that an employee who has been dismissed or suspended by his employer should not have been so dismissed or suspended, such employee receives in the course of one year income that he should have received in the course of a preceding year, the Board may, taking that income into account, rectify the amount of the pensionable salary shown to the account of such employee in the Record of Earnings.
For the purposes of this act, the employee is presumed to have received such pensionable salary in the year in respect of which he was thus registered in the Record of Earnings.
The fourth and fifth paragraphs apply only if the employee, within 365 days from the date of execution of the judgment or arbitration award, pays his contribution for the previous year in question by making for that year the election contemplated in section 55.
1965 (1st sess.), c. 24, s. 202; 1974, c. 16, s. 42; 1979, c. 54, s. 7; 1989, c. 55, s. 40.