# 2016-112 - Class B Reserve Service

Case Summary

F&R Date: 2016–08–11

The grievor released from the Regular Force after a number of years and was collecting an annuity. He then began serving on various periods of class A, B and C reserve service. He was offered a two-year class B position. However, he would have fallen under option 2 of the annuitant employment policy found in Canadian Forces Military Personnel Instruction (CF Mil Pers Instr) 20/04, which would have stopped his annuity and required him to re-contribute to the pension plan. The grievor declined the offer. He was then offered a three-month class B position which would have conformed to option 1 of CF Mil Pers Instr 20/04, and not stopped his annuity. However, the approving authority refused to consider the grievor for the Canadian Forces Tasks Plans and Operation position unless he stopped his annuity and became a contributor to the pension plan. The grievor contended that, since he had just completed a break of more than 35 days, he was eligible to be employed in the three-month position under option 1 as he had done so on many occasions. He requested that he be compensated for the three-month class B position, minus any class A service earnings during that time.

The initial authority (IA) denied the grievance. According to the IA's calculations, had the grievor been selected for the three-month position, his number of days of service would have imposed the conditions of option 2 on the grievor's employment. He found that this decision was reasonable and justified in the circumstances.

The Committee noted that the only limitation on employing the grievor was a matter of simple calculation based on CF Mil Pers Instr 20/04, which provides for a maximum of 330 days of class B reserve service within any 365-day period. The Committee reviewed the grievor's member's personnel record resume which showed that the grievor had not worked on class B reserve service for over 35 days immediately before the three-month position was to begin. The Committee found that the grievor was eligible under option 1 for that position. In addition, the Committee stated that since the grievor had been the chosen candidate for the two-year position, it was reasonable to conclude that he would have been the candidate chosen for the three-month position.

While the Committee found that the grievor had been aggrieved by a decision made by the CAF, the Committee could not recommend that he be compensated as requested since a military member cannot be paid for services not rendered. The Committee recommended that the CDS acknowledge that the grievor was indeed eligible under option 1 for the three-month position and should have been the selected candidate.

FA Decision Summary

The FA agreed with the Committee's finding and recommendation to acknowledge that the grievor was erroneously barred from the 90-day Res Svc tasking. The FA agreed with the Committee's recommendation that the Commander in question be copied on this letter in order to alert his staff on the accurate interpretation to be given to the VCDS management framework for annuitants and the CF Mil Pers Instr 20/04 policy.