# 2022-283 Pay and Benefits, Incentive Pay Category

Case summary

F&R Date: 2024-06-24

The grievor, a former member of the Reserve Force, objected to the reduction of his Incentive Pay Category (IPC) three years after he re-enrolled in the Canadian Armed Forces (CAF). The grievor argued that the Prior Learning Assessment and Recognition did not recognize any of his previous CAF experience and qualifications. Furthermore, the grievor argued that the pay recovery was not conducted per policy as it began before he was officially notified and resulted in all pay being withheld. As redress, the grievor sought the reestablishment of a higher IPC level and reimbursement of any amount unjustly recovered.

The Initial Authority (IA) explained that, after a review of the evidence, a clerical input error occurred while recording the grievor's rank and IPC on re-enrolment. The clerical error resulted in an overpayment which needed to be recovered once it was discovered. The IA concluded that the grievor had not been aggrieved. Nevertheless, the IA found the administration of the overpayment recovery did not conform with policy and, as redress, offered the grievor the opportunity to provide an overpayment recovery plan.

The Committee noted that the grievor was a former non-commissioned officer with a break in service of 24 years re-enrolling as an officer. As such, he was not eligible to the protection of pay and IPC levels. Based on the grievor's prior military education and training as well as qualifications and experience acquired during his break in service, the Committee found that in consideration of the Job Based Specification for the occupation in question, the grievor should have been enroled as a Naval Cadet with simultaneous promotion to the ranks of Acting Sub-Lieutenant and Sub-Lieutenant, and paid at the IPC Basic level.

The Committee also found that the overpayment recovery was not conducted in accordance with Military Pay Administration Instruction 8-1, Prevention and Detection of Overpayments – Recoveries from Pay and Extension Requests. However, the amount owed had been repaid in full before the Committee completed its review. Consequently, the Committee found that the grievor was aggrieved by the assignment of the wrong IPC level on re-enrolment and the administration of the overpayment recovery that eventually followed and recommended that the Final Authority afford redress by acknowledging the CAF's errors.

FA decision summary

The Deputy Director, Canadian Forces Grievance Authority, acting as the Final Authority, agreed with the Committee's findings and the recommendation to acknowledge that there had been errors in the administration of the grievor's reenrollment.