# 2016-156 - Release

Case Summary

F&R Date: 2016–12–07

The grievor grieved the item of his release from the Canadian Armed Forces (CAF) pursuant to Article 15.01 of the Queen's Regulations and Orders for the Canadian Forces.

Upon retirement from the Regular Force (Reg F), the grievor accepted a Class B Reserve Force (Res F) position for a period of one year. Recent amendments to the Canadian Forces Superannuation Act only authorized Reg F annuitants to work up to 330 days in a one-year period of full-time Class B service or be deemed re-enrolled as a pension contributor after one year. The grievor opted to release from the Res F after 330 days in order to continue receiving his pension and was released under item 4(c) (Voluntary - On Request - Other Causes). He argued that item 5(c) (Completed Service for Which Required), was the appropriate release item because he did not voluntarily release but was administratively forced to do so. As redress, the grievor requested that his release item be changed from 4(c) to 5(c).

The Initial Authority denied redress, finding that the grievor voluntarily chose to release from the Res F after 330 days.

The Committee found that it was unreasonable for the CAF to consider the grievor's preference that he not be deemed re-enrolled in the CAF pension plan as a request for release and concluded that he did not voluntarily release from the CAF after 330 days of service.

The Committee recommended that the grievor's release item be changed from 4(c) to item 5(c).

FA Decision Summary

The CDS agreed with the Committee's findings and recommendation that the grievor's release item be amended to 5(c). He agreed with the Committee that there was no evidence that the grievor had voluntarily sought his release; rather it was the policy change that prevented him from completing the original terms of service.