#2018-076 Pay and Benefits, Maternity and Parental Allowance, Recovery of Overpayment  

Case Summary

F&R Date: 2019–03–20

The grievor, a reservist, contends that he was poorly advised regarding his entitlement to parental allowance (PATA) top up benefits following the birth of his child. As redress, the grievor requested a review of the decision denying his PATA benefits, and that he be permitted to retain the PATA benefits issued to him in error.

The Initial Authority (IA), the Acting Director General Compensation and Benefits, denied redress, explaining how the grievor failed to meet the eligibility requirements. The IA acknowledged the grievor’s claim that he would have delayed his parental leave had he known he required 600 hours or more of Canadian Armed Forces (CAF) service within the past year in order to qualify, but he explained that he had to determine the grievor’s case based on events as they have occurred. Finally, the IA stated that it was regrettable that the advice provided to the grievor was incorrect. However, the IA noted that the grievor received PATA benefits in error and that the overpayment had to be recovered in accordance with policy.

The Committee first found that the grievor had only accumulated 543 of the necessary 600 or more hours of insurable CAF employment required during the 52-week qualifying period in order to meet the eligibility criteria for the PATA top up. The Committee then found that the grievor would not have qualified to receive any PATA top up payments even had he met the 600-hour requirement because his calculated average weekly CAF earnings were lower than the Employment Insurance payments he received. Finally, the Committee concluded that recovery of the overpayment was justified in the grievor’s circumstances and recommended that redress not be granted. 

FA Decision Summary

FA Decision Pending