# 2022-237 Pay and Benefits, Post Living Differential, Transitional Post Living Differential

Case summary

F&R Date: 2023-11-28

The grievor argued that upon being posted to Ottawa on in October 2007, he should have been entitled to Post Living Differential (PLD) until 31 March 2008, to the Transitional PLD (TPLD) Group B from 1 April 2008 to 17 July 2017, and to the TPLD Group A from 18 July 2017 onwards in accordance with the version of the Compensation and Benefits Instructions for the Canadian Forces (CBI) 205.45 in effect when he was posted to Ottawa.

The Initial Authority (IA) denied the grievance stating that on 7 July 2007, the PLD rate for Ottawa was reduced to $ 0 and because the grievor was posted to Ottawa after that date, he was not entitled. The IA also indicated that the TPLD was introduced as a transitional benefit for members whose principal residence was located in a TPLD area, which is based on an entitlement to PLD as well as the applicable time period and group to which a member was assigned. As such, the IA determined that the grievor was not eligible for this benefit either.

The Committee noted that paragraph 205.45(4) of the CBI stipulates that a member of the Regular Force whose principal residence is located within a PLD area is entitled to the PLD rate for that location. The Committee found that the grievor's principal residence was established in Ottawa in January 2008 when the grievor, his dependants and his household goods and effects were occupying the residence. According to the Table to CBI 205.45, the PLD rate for Ottawa when the grievor established his principal residence, was $ 0. As the PLD rate for Ottawa was $ 0, the Committee determined that the grievor was not entitled to PLD in accordance with paragraph 205.45(9) of the CBI. Further, as the Committee established that the grievor was not entitled to PLD, as per subparagraph 205.452(3)(a) of the CBI, the grievor was also not entitled to TPLD.