# 2022-185 Careers, Canadian Forces Superannuation Act (CFSA), Pension Benefits, Pension Entitlements, Reserve Force

Case summary

F&R Date: 2024-03-13

The grievor, a Reserve Force member, argued that she had been discriminated against for taking the extended parental leave benefit introduced by the federal government in 2017. The grievor stated that the classification of this leave as Exemption from Duty and Training (ED&T) meant the time did not count towards her days of paid Canadian Forces (CF) service for the purpose pension plan calculations, an implication she argued impacted her eligibility date for the Regular Force Pension Plan. She further indicated that the Canadian Armed Forces (CAF) failed to communicate the impacts of the extended parental leave on her pension.

The Initial Authority did not render a decision within the timeframe established by paragraph 7.15(2) of the Queen's Regulations and Orders for the Canadian Forces (QR&O); the grievor subsequently requested that the grievance be forwarded to the Final Authority (FA).

The Committee found that the grievor's extended parental leave was erroneously classified as ED&T and should be corrected to reflect Leave Without Pay (LWOP) for personal reasons for parental purposes under paragraph 16.25(c) of the QR&O.

The Committee employed a stopwatch analogy to explain key differences under the pension regime. The first stopwatch, the “pensionable service” count, starts when a member enrols in the CAF and their period of potential pensionable service begins. It is considered potential pensionable service because unless they meet the relevant conditions, their time enrolled may not all count towards the calculation of their pension entitlement. This stopwatch runs continuously while they remain enrolled and stops when they are released, or after 35 years of pensionable service.

The second stopwatch, the “CF service” count, also starts when a member enrols, but it stops running during periods when no pay is earned. Although the member is still enrolled while on LWOP, they are not accumulating days of CF service. Some periods of LWOP, however, can be deemed to be CF service if members choose to pay into the pension fund for the periods in question, such as standard maternity and parental leave under articles 16.26 and 16.27 of the QR&O. However, the Committee found that the grievor's extended parental leave, or LWOP for personal reasons for parental purposes under paragraph 16.25(c) of the QR&O, did not count as “CF service” pursuant to the Canadian Forces Superannuation Act and the Reserve Force Pension Plan Regulations.

Regarding the grievor's claim of discrimination, the Committee found that the grievor was not discriminated against because LWOP for personal reasons for parental purposes is not counted as “CF service” for any CAF member, male or female, Regular Force or Reserve Force; therefore, the Committee concluded that the grievor was not treated differently from any other member.

The Committee also observed that, under the Public Service pension plan, Public Service employees are permitted to take extended parental leave and pay the corresponding pension contributions. The Committee noted that, as CAF benefits are sometimes benchmarked against those of the Public Service, the CAF may want to seek a similar benefit for CAF members.

The Committee recommended that the FA direct the correction of the grievor's leave record to ensure her period of extended parental leave was categorized as LWOP for personal reasons for parental purposes under paragraph 16.25(c) of the QR&O rather than as ED&T.