# 2014-053 - Canadian Forces Superannuation Act (CFSA) , Class B Reserve Service, Class C Reserve Service, Reserve Force

Case Summary

F&R Date: 2014–05–30

Following administrative changes to the employment of Canadian Armed Forces (CAF) annuitants performing continuous full-time reserve service, the grievor requested that he be “grandfathered” under the terms of his transfer for the entire period he will remain in the CAF as a reservist. Effectively, he sought to continue collecting his retirement benefits while pursuing his full-time reserve service, a practice that was permitted at the time of his transfer.

The Committee had to determine whether the changes to the guidelines regulating to the employment of CAF annuitants on continuous full-time reserve had unduly compromised the grievor's rights.

The Initial Authority denied the grievance indicating that the Canadian Forces Superannuation Act had always specified that CAF pensioners could not serve more than one year in continuous full-time Reserve service without becoming contributors again. He explained that the CAF, in order to meet an operational requirement, had allowed for an exception to this rule by imposing an annual break in service of 35 days, thus encouraging retired Regular Force members to perform continuous full-time service in the Reserve Force. Nevertheless, he explained that the current operational requirements no longer justified such practices and that the CAF could eliminate them.

Noting that the amended policy did not contain a specific “grandfather clause”, the Committee examined the concept of vested rights. After stressing the temporary nature of reserve service and reviewing the relevant regulatory clauses, notably the clause allowing the reservist, on 30-day notice, to end any period of Class B or C reserve service, the Committee concluded that the grievor did not acquired an indefinite right based on the practices in effect at the time of his transfer.

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

CDS Decision Summary

CDS Decision Date: 2014–11–18

The FA agreed with the Committee's findings and recommendation that the grievance be denied.