# 2012-023 Pay and Benefits, Intended Place of Residence (IPR)

Case Summary

F&R Date: 2012–04–20

The grievor retired from the Canadian Forces (CF) as a Regular Force (Reg F) member in 2003 after serving in for more than 30 years. He then transferred to the Reserve Force (Res F) where he was subsequently employed on periods of Class “A” and “B” Reserve Service until his retirement from the CF in 2011.

Prior to his retirement, the grievor was informed that the election period of his intended place of residence (IPR) benefit had been extended by his 2,534 days of Class “B” Reserve Service as annotated in his Member’s Personnel Record Resume (MPRR).

The grievor was not satisfied and submitted a grievance claiming that he should be entitled to have his IPR election extended by a full three years following his 2011 retirement. He argued that the mandatory 35-day break, during which he could not be employed in the Res F, in his case totaling 248 days, should also be considered Class “B” service and included in the calculation for the extension to his IPR election period. He based his argument on the fact that he served multi-year consecutive periods of service, and that paragraph 2.9 of the Canadian Forces Military Personnel Instructions (CF Mil Pers Instr) 20/04 (p.31) provides that members serving on back to back consecutive periods of Class “B” or/and Class “C” Reserve Service are not considered to have a break in periods of service.

The Director General Compensation and Benefits, the initial authority (IA) in this matter, denied the grievance stating that paragraph 2.13 of the CF Mil Pers Instr 20/04 makes a distinction between periods of service, breaks in service and breaks in paid service by stating that each period of 330 days within the multi-year periods of service must be administered separately to ensure adherence to the breaks in service for Reg F annuitants.

The IA concluded that in addition to the initial three-year election period upon his release from the Reg F, the grievor had served 2,534 days of Class “B” Reserve Service which entitled him to extend his election period by the same amount of days served.

The Board found that the Addendum A-4, Move to Intended Place of Residence on Release, of the Canadian Forces Integrated Relocation Program 2003, the applicable policy in this case, expressively stated that any periods of Class B or C service shall extend the IPR election period by the corresponding number of days of that service. Since the mandatory 35-day break in service could not be deemed to be days of service, they could not be counted towards extending the IPR election.

The Board concluded that the grievor was treated in accordance with the applicable policies.

The Board recommended that the Chief of the Defence Staff deny the grievance.

CDS Decision Summary

CDS Decision Date: 2012–10–22

The CDS agreed with the Board's finding and recommendation that the grievance be denied.