# 2015-296 - Education Allowance, Foreign Service Directives (FSD), Military Foreign Service Instruction (MFSI)

Case Summary

F&R Date: 2016–01–28

While serving outside of Canada, the grievor received an education allowance for his dependents' tuition fees. When he decided to take a voluntary release with an effective date mid-way through the school year, he was informed that his entitlement to the education allowance ceased on the last day of the month in which he commenced retirement leave. As tuition fees had been paid in advance for the full school year, the grievor was faced with a recovery of tuition fees for the final semester.

The grievor argued that in accordance with Foreign Service Directive (FSD) 34.1.6, he was entitled to an education allowance for his dependents' tuition fees for the whole academic year, regardless of the fact that he retired part way through. Additionally, he submitted that recovery of tuition fees from his severance pay was incorrect and unjust and he sought to have the recovery cease.

The Initial Authority determined that in accordance with Military Foreign Service Instruction (MFSI) 10.2.07, all allowances and benefits payable to the grievor had to cease on the last day of the month in which he commenced his retirement leave. Any allowances paid after that date were subject to recovery, as well.

The Committee concluded that neither FSD 34 nor the MFSI supported the grievor's contention. On that basis, the Committee found that reassessment of the claims and recovery of the education allowance for the third term, when the grievor was no longer serving and no longer incurring eligible expenses, was not unreasonable.

As such, the Committee recommended that the grievance be denied.

FA Decision Summary

The FA agreed with the Committee's findings and recommendations. The FA found that, in accordance with Military Foreign Service Instruction 10.2.07, the grievor's entitlement to the education allowance ceased at the end of the grievor's retirement month, and accordingly, the recovery of the education allowance for the third term had been appropriate. The FA denied the grievance.