# 2022-201 Careers, Pension Entitlements

Case summary

F&R Date: 2023-09-13

The grievor challenged the decision refusing to credit her reserve force service under Part I.1 of the Canadian Forces Superannuation Act (CFSA), rather than Part 1 – Superannuation, and explained that she had suffered harm as a result of the concurrent accrual of both pension plans. She added that, since her years of service in each of the pension funds have been combined and added together to calculate her pensionable service, the period during which she can accrue service before reaching the 35-year maximum is considerably shorter and the value of her pension is considerably affected.

The Initial Authority rejected the grievance, explaining that, under section 93 of the CFSA, the mechanism for reconsidering pension issues consists in writing to the Minister.

The Committee found that, as of March 1, 2007, the grievor satisfied the criteria established by the Canadian Forces pension plan, and she therefore became a contributor to the Canadian Forces pension fund. Had she been a contributor to the Public Service of Canada's pension fund before March 1, 2007, she would have become a contributor to the Canadian Forces pension fund only after ceasing to contribute to the public service pension fund. The Committee also found that the regulations do not provide for the possibility of ceasing contributions to the Canadian Forces pension fund for a person who later contributes to the Public Service of Canada's pension fund. The Committee concluded by pointing out that preventing members from contributing to their pension was an incentive for them to leave the Canadian Armed Forces (CAF) and find another job where they would be allowed to continue to accrue money for their retirement and that it would be in the CAF's interest to take steps to find a fair solution to the problem. The Committee recommended that the Final Authority deny redress to the grievor.