# 2014-063 - Component Transfer (CT), Pay, Recovery of Overpayment

Case Summary

F&R Date: 2014–10–31

The grievor submitted that her rank and pay increment (PI) were incorrectly awarded upon her component transfer (CT) to the Regular Force (Reg F) and did not reflect her previous reserve service. As redress, the grievor requested that her rate of pay, upon CT to the Reg F, be recalculated as a Corporal (Cpl) PI 3, entitling her to a reimbursement of the entire amount of pay recovered from her. In addition, she requested to be provided with an explanation of her various pay calculations and adjustments.

Based on the grievor's Class “A” and “B” Reserve Force (Res F) service, it was determined that the grievor had completed two years and 128 days of full-time paid service (FTPS), which formed the basis for her Reg F pay. In order to be granted Cpl PI 3, the grievor needed three years of FTPS. Since she did not have the necessary three years of FTPS, her service was consistent with the rank of Private (Pte) PI 3. The IA concluded that the grievor's Reg F pay reflected her previous Res F service and there was no basis to grant redress.

The Committee agreed with the IA that, upon CT, the grievor's correct pay level would be consistent with the rate payable for Pte PI 3. Upon review of the grievor's pay history, the Committee found that it was a complicated pay file requiring changes that included retroactive pay adjustments and readjustments. The Committee determined that while the grievor had initially been granted the correct pay level, it was while attempting to apply the retroactive pay provisions, in Compensation and Benefits Instruction 204.211, that the grievor had erroneously been granted the rate of pay of a Cpl rather than Pte PI 3. It was this error and its correction that resulted in the disputed overpayment recovery from the grievor. The Committee found that recovery of the overpayment was appropriate concluding that despite the mistakes and complicated calculations, the grievor was paid the correct amount, upon transfer into the Reg F, as a Pte PI 3.

The Committee recommended that although the grievor was eventually paid correctly and there were no recommendations required for financial repayments, the grievor had made certain requests relating to documents and explanations which were appropriate.

The Committee recommended that copies of applicable documents and policies relating to the grievor's pay be provided to the grievor to allow her to examine them. The Committee further recommended that the grievor be granted a meeting with a pay expert, familiar with her file, to discuss the documents and explain the various calculations as well as her pay history and answer any questions.

Finally, the Committee recommended that the current practice followed when recovering overpayments from members be reviewed to ensure the affected members could financially afford the amount of the deductions.

CDS Decision Summary

CDS Decision Date: 2015–02–26

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