# 2019-088 Pay and Benefits, Release - Benefits

Case summary

F&R Date: 2020-06-25

The grievor argued that upon his voluntary release from the Regular Force (Reg F) and transfer to the Reserve Force (Res F), he was entitled to relocation benefits in accordance with Compensation and Benefits Instruction for the Canadian Forces (CBI) Chapter 208, section 9, due to his entitlement to a deferred annuity under the Canadian Forces Superannuation Act (CFSA).

The Initial Authority (IA) found that the provisions of the Canadian Forces Integrated Relocation Program (CFIRP) Directive governed the grievor's entitlements to relocation benefits. The IA noted that CFIRP Directive, article 14.2.03, indicates that a releasing Reg F member must complete 20 years of continuous service in order to receive relocation benefits.

The Committee noted that CBI 208.971(2)(v) causes some confusion because it does not state whether being entitled to a “deferred annuity” under the CFSA constitutes being entitled to an “annuity” for the purposes of the CBI. However, the Committee found that the CFIRP Directive ultimately governs the grievor's relocation. The Committee noted that Chapter 14 of the CFIRP Directive outlines relocation benefits applicable to members transferring from Reg F to the Res F, and that this Chapter specifies that members who release under Item 4(c) must complete 20 years of continuous Reg F service in order to be eligible. Therefore, the Committee found that the grievor was not eligible for relocation benefits.