# 2013-026 Careers, Compulsory Retirement Age (CRA), Terms of Service

Case Summary

F&R Date: 2013–05–15

The grievor accepted a Special Requirements Commissioning Plan (SRCP) offer which terminated at compulsory retirement age (CRA) 55. Four years later, the grievor sought to change his CRA from 55 to 60, anticipating that he would receive new terms of service.

The Director of Senior Appointments (DSA) denied the grievor's request on the basis that his occupation was at the preferred manning level and there was no service requirement to extend the grievor.

The grievor complained that he was misled and not informed that the option to serve until CRA 60 would not be automatic, and that there was no information on the Director Military Careers Administration website to that effect. The Initial Authority (IA), the Director General Military Careers, explained that the SRCP is a short term program offered to members within a few years of CRA, and that extensions to the terms of service are by exception only and based on a service need. The IA noted that DSA had determined, upon further review, that there was a service need to retain the grievor for an additional 18 months beyond his original CRA 55 date and the IA approved that offer but denied the remainder of the redress sought.

The Board found that the grievor was not misled and that, as a long-serving member, the grievor ought to have known the purpose of the SRCP program and that it was his responsibility to familiarize himself with the program prior to accepting the offer.

The Board referred to Canadian Forces Administration Order 11-14 and to the Assistant Deputy Minister Human Resources Military Instruction (ADM HR-MIL) 05/05, the New Canadian Forces Regular Force Terms of Service, as the policy governing the SRCP. The ADM HR MIL Instruction 05/05 provides the following direction regarding re-engagement: “members may be re-engaged only if there is a service requirement…”.

The Board noted that the policies do not bar SRCP members from being re-engaged to CRA 60; they simply require that the member fill a service need when being re-engaged. In this instance, there was no service need beyond the 18 months already offered by DSA.

The Board recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2014–02–07

The Final Authority agreed with the Committee's findings and recommendations and denied redress.