# 2013-042 Releases, Pension Benefits, Pension Entitlements, Release - Medical, Reserve Force

Case Summary

F&R Date: 2013–06–28

The grievor sought a delay of her medical release date in order to accumulate sufficient Reserve Service to be eligible as a participant under Part I of the Canadian Forces Superannuation Act (CFSA). The grievor argued that she had not yet received the information she had requested on her pensionable service at the time of her Administrative Review – Medical Employment Limitations (hereinafter the “Review”) and that the Review had been rushed through, denying her sufficient time to make an informed decision regarding her preferred release date.

The Initial Authority, the Director General Military Careers, denied the grievance explaining that the grievor's release date could not be extended without contravening the release regulations and noting that the grievor had already been retained for 18 months; substantially longer than the six months provided for in article 15.05 of the Queen's Regulations and Orders for the Canadian Forces (QR&O).

The Committee agreed with the Initial Authority that an extended release date would contravene the regulations and found that the Release Authority's decision not to extend the grievor's release date was reasonable and in accordance with policy.

Regarding the delay in providing the grievor's elective and pensionable service dates, the Committee noted that even if the information had been received by the grievor prior to her Review decision, in accordance with QR&O articles 15.05 and 15.06 the proper release date would still have been well short of the date required for her to become eligible to be a participant under Part I of the CFSA and, consequently, to an immediate annuity on medical release.

Lastly, the Committee reviewed the conduct of the Review, noting that the grievor did not request additional time to provide a response, and concluded that the expeditious handling of the Review was not in any way unfair or unreasonable.

The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2013–11–25

The CDS agreed with the Committee's findings and recommendation that the grievance be denied.