# 2012-095 Pay and Benefits, Pension Benefits, Pension Entitlements

Case Summary

F&R Date: 2012–09–24

The grievor, a former member of the Regular Force (Reg F) who received a return of pension contributions on release, re-enrolled in the Reg F in 1997 following service in the Reserve Force.

The grievor claimed that upon rejoining the Reg F in 1997, he made an election to buy back his former service, but the election was never processed. As redress, the grievor requested that he be permitted to buy back his former service at the non-belated rate as if the 1997 election had been processed at that time.

The issue to be determined by the Board was whether the decision to deny the grievor the opportunity to buy back his prior pensionable service at the non-belated rate (1997) was in accordance with regulations.

The grievor made an election to buy back his former service in June 2006 but was advised that this election could not be processed because the grievor failed to complete a medical examination within 90 days of election as required. The grievor made a subsequent election in 2008, based on advice that he would only be required to have a certain amount deducted from his pay. The election was successful; however, he considered the resultant monthly cost of the election to be too high, placing him in a position of financial hardship. Consequently, the grievor submitted a request to revoke his election, based on his having been provided erroneous information.

The initial authority (IA), the Director General Compensation and Benefits, denied the grievance, acknowledging that the grievor may have been ill-advised, but pointing out that the Canadian Forces Superannuation Regulations (CFSR) do not permit any flexibility in their application. The IA explained that the grievor had only one year from becoming a contributor to complete an election and that, unfortunately, there was no record of any 1997 submission. The IA further explained that the 2006 election was declared void by regulation because the required medical examination was not completed within 90 days. The IA concluded that, without evidence of the grievor’s 1997 election, he was not eligible to elect his prior service based on that year.

The Board agreed with the IA that the belated election dated 11 February 2008 was the only one that applied to the grievor, and found that the decision to not allow the grievor to buy back his prior pensionable service at the non-belated (1997) rate was in accordance with the Canadian Forces Superannuation Act.

The Board observed in the synopsis prepared for the IA that the decision to deny the election at the non-belated rate (1997) could be reversed should the grievor find and provide a copy of the alleged 1997 election. The Board agreed with this approach.

The Board recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2013–07–11

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