# 2011-021 - Circumstances Governed by More than One Policy, Debt write-off, Incentive Pay Category (IPC), Pay and...

Case Summary

F&R Date: 2011–05–02

The grievor, a reservist promoted to Major (Maj), continued to provide Class B reserve service as Captain (Capt) for over ten years. When the grievor was finally able to wear his substantive rank of Maj, his seniority at that rank was determined based on his original promotion date; the same was true of his Incentive Pay Category (IPC), which was calculated taking into account his years of service in the rank of Capt. A little later, it was determined that the grievor’s IPC was incorrect and that he should reimburse an amount in excess of $30,000.

The grievor disputed this decision, stating that he had asked to have his pay adjusted several times and that repaying such an amount was a financial burden on him and his family. The grievor asked that the amount of the overpayment be permanently written off. The initial authority denied the grievance stating that there was no authority within the Canadian Forces that could grant the grievor his request for debt write-off.

The Board examined the validity of the calculation of the IPC for Maj attributed to the grievor and found that the grievor could have worked at his substantive rank of Maj effective 1 Apr 93, the effective date of NDHQ Instruction ADM (per) 2/93 because it contained new provisions allowing a member to be over-ranked in a position.

The Board recommended that the Chief of the Defence Staff order the recalculation of the grievor’s IPC taking into account that the grievor could have worked at his substantive rank of Maj as of 1 Apr 93.

This calculation will make it possible for the authorities having jurisdiction to determine whether the grievor received an overpayment or whether the CF owes him an amount of money. All overpayments have to be repaid by the grievor, where applicable.

CDS Decision Summary

CDS Decision Date: 2012–03–12

The CDS did not agree with the Board’s recommendation that the grievance be upheld. According to the CDS, although Instruction 2/93 may have allowed the grievor to be over-ranked for a period of time, this was not what happened here and, in any case, the grievor would not have been able to retain his rank of Major in Captain positions without interruption. The grievor made a personal choice to work for several years in another rank. Awarding the difference in pay between this rank and Major would be unfair for other members holding the rank of Major. The CDS also determined that the grievor’s debt could not be written off, since TB has stated that debt write-off does not apply to CF members.

The CDS did not agree with the systemic recommendation regarding errors in the pay of service personnel employed in an “over-ranked” position in the Reserve, since he disagrees with the Board’s interpretation of the current regulations.