# 2017-131 Medical and Dental Care, Dental Services, Reserve Force

Case summary

F&R Date: 2018-11-15

The grievor's three-year period of Class “B” Reserve Service was terminated nine months prematurely by the Commanding Officer due to her ongoing illness and absences from work. The grievor had been in the middle of a complicated dental treatment when her Class “B” service was terminated and she was placed on Reserve Force Compensation (RFC). Her dental treatment ceased immediately. The grievor complained that she was treated unfairly as a result of her illness.

The Initial Authority (IA), the Director General Compensation and Benefits, denied redress, finding that the grievor terminated her Class “B” service and was then in receipt of RFC. The IA noted that, on RFC, the grievor was no longer actively serving and therefore was not entitled to any further dental treatment or pay increments.

The Committee found that the grievor had not asked to have her Class “B” service terminated early. Rather, her unit terminated her service early, thereby ending her eligibility for further pay increments and dental treatment to complete her complicated dental procedure.

The Committee examined the relevant Canadian Armed Forces (CAF) policy governing the administration of reservists, the Canadian Forces Military Personnel Instruction 20/04, and noted that Section 4.14 of that policy provides a non-exhaustive list of circumstances under which the CAF may terminate or cease reserve service. None of those circumstances refer to a medical inability to perform the required duties resulting from illness or injury. The Committee further noted that the administration of reservists who become ill or injured is guided by the provisions of the Queen's Regulations and Orders for the Canadian Forces for medical and dental services and by the Compensation and Benefits Instruction (CBI) 210.72 for financial administration.

The Committee observed that CBI 210.72 does not provide direction on the cessation of reserve service due to illness or injury. Rather, it states that a member is entitled to RFC compensation if the injury, disease or illness continues beyond the period of service during which it occurred. In other words, the CBI implies that the grievor's period of service should have continued as planned until its scheduled end date or until she was medically released. The Committee found that the grievor's period of service should not have been terminated prematurely solely because she was ill.

The Committee also found that, although the grievor received the RFC benefit in lieu of her Class “B” salary, the early cessation of her Class “B” service was unfair because it triggered negative consequences for which the grievor was not compensated, including loss of eligibility for certain CAF medical and dental benefits, loss of further pay increments and pensionable service and loss of future leave credits.

The Committee recommended that the Final Authority (FA) grant redress by restoring the remainder of her period of service, by directing an audit to adjust her affected benefits, and by reimbursing her for the costs of dental treatments she was forced to undertake prior to the original expiration date of her period of service. The Committee also made a Systemic Recommendation regarding “Cessation of Reserve Service due to Illness or Injury”.

FA decision summary

The grievor withdrew the grievance.