# 2015-128 - Canadian Forces Superannuation Act (CFSA) , Pension Benefits

Case Summary

F&R Date: 2015–09–15

The grievor transferred from the Regular Force (Reg F) to the Reserve Force (Res F) with an annuity. With the CAF Pension Modernization coming into effect in 2007, and the establishment of a Reserve Force Pension Plan (RFPP), the grievor elected to surrender his annuity and became a contributor to the RFPP.

Subsequently, the grievor was advised of his eligibility to elect to buy back his previous Res F service and to make a Top-Up election. He was provided with a year to make his decision or three years from the coming into force date of the RFPP, which was then extended to a fourth year.

The four-year deadline passed without the grievor having made an election. His contention was that because he had submitted an earlier grievance about the fairness of the buyback policy, he should be granted an extension to the deadline to make his election.

The Director Canadian Forces Pension Services found that after the four-year deadline for making an election had passed, the grievor was no longer eligible to elect to buy back his previous service.

The Committee found that the grievor had been informed on six occasions of the deadline for making his election, but that he failed to exercise his right to do so in a timely manner. The Committee also found that grieving the fairness of the buyback policy could not be used by the grievor as a reason for not making an election, or as an excuse to not comply with the policy in place at the time. Having been given four years in which to make his election, the Committee found that there were no grounds for the grievor to be granted an extension and therefore recommended that the grievance be denied.

FA Decision Summary

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