# 2021-292 Pay and Benefits, Post Living Differential, Delimitations of post living differential regions, Recovery of Overpayment

Case summary

F&R Date: 2022-12-22

The grievor challenged the decision by the Canadian Armed Forces (CAF) to recover a post living differential (PLD) overpayment received over a number of years, despite the verifications made to confirm that his file was in order. The grievor questioned the confusion and the validity of information shared concerning the geographical area of the Greater Montréal area, insisting that administrative personnel had been negligent by failing to carry out their duties correctly. According to the grievor, administrative personnel belatedly realized the mistake in the interpretation of the policy, which caused harm to a number of members posted to that area. 

The Director General Compensation and Benefits, in its capacity as the initial authority (IA), found that the grievor had been treated appropriately and according to the applicable policies. The IA explained that, according to paragraph 205.45(8) of the Compensation and Benefits Instructions, the grievor was entitled to the lower PLD rate between that established for his primary residence and the one for his place of duty, i.e. $0. The IA added that the grievor was required to repay the PLD received even if he had demonstrated diligence by questioning his eligibility. 

The Committee determined that through no fault of his own, the grievor received a PLD allowance to which he was not entitled for more than four years. In addition, the Committee determined that the CAF's negligence  had harmed the grievor and that he had been aggrieved by the allowance overpayment over a number of years as well as the decision to recover the amounts paid out.