# 2012-128 Pay and Benefits, Entitlement to Rations and Quarters (R&Q) at Public Expense , Post Living Differential (PLD), Separation Expense (SE)

Case Summary

F&R Date: 2013–01–25

The grievor was denied post living differential and other benefits during his first four postings after enrollment; the first three of which he was on training with a prohibited move, and the fourth being his first posting as a trained officer and with a restricted move. A Canadian Forces review of the grievor's benefits led to the decision that he was not entitled to post living differential and separation expense, resulting in recovery action being initiated. The grievor argued that he was entitled to both benefits from 2007 to 2012 and requested reimbursement of monies recovered to date.

The issue before the Board was to determine whether the grievor was entitled to post living differential and separation expense benefits at each of these postings.

The Director General Compensation Benefits, as the initial authority, partially upheld the grievance by granting post living differential benefits for his first three postings.

Based on the fact that the grievor was precluded from moving his dependant, household goods and effects until his fourth posting, the Board concluded that the grievor was entitled to post living differential during his first three postings. As for his fourth posting, the Board found that it was the grievor's personal choice not to move them to his new place of duty and as a result concluded that the grievor was not entitled to post living differential.

The Board also examined the grievor's entitlement to separation expense benefits and found that he was entitled to separation expense benefits during his first posting. For each subsequent posting, as his dependant remained at the grievor's place of enrollment throughout, the Board concluded that they could not be deemed to "normally reside" together and that consequently he was not entitled to separation expense benefits.

Finally, the Board examined the grievor's entitlement to rations and quarters at public expense. Given that the grievor was prohibited from reuniting with his dependant, household goods and effects during his first three postings, the Board concluded that he was entitled to rations and quarters at public expense during these three periods. As for his fourth posting, given that it was the grievor's decision not to reunite with his dependant, household goods and effects, the Board concluded that he was not entitled to rations and quarters at public expense.

The Board therefore recommended to the Chief of the Defence Staff that he partially uphold the grievance, indicating that the grievor should be reimbursed for post living differential for his first three postings; separation expense and rations and quarters for his first posting, only rations and quarters for his second and third posting, and none of the aforementioned benefits for his fourth posting.

CDS Decision Summary

CDS Decision Date: 2014–03–19

The CDS did not agree with the Committee's findings and recommendations. He found that the grievor's move to his fourth posting had in fact been restricted and therefore, in his view, the grievor, who had maintained a principal residence in his place of enrollment, was entitled to PLD for that posting as well as the first three. With respect to IR/SE, the CDS did not agree that a member must be reunited with his or her dependents to be entitled to a subsequent period of SE. The CDS stated that he found nothing in the CBI that would limit the SE eligibility to the length of a posting or that would prohibit successive periods of IR/SE. The CDS found that the grievor's spouse would have normally lived with the grievor had he not been posted for military reasons. The CDS granted full redress.