# 2022-236 Careers, Canadian Forces Superannuation Act (CFSA), Pension Benefits

Case summary

F&R Date: 2023-12-19

The grievor argued that the Canadian Forces Superannuation Act (CFSA) is flawed in how it treats members of the Reserve Force (Res F). He argued that due to the 35-year limit, it is essentially impossible for Res F members to attain the full 70% annuity as the first few years of a Res F member's career will always include part-time service since members only become eligible for full-time service opportunities once they are trained. The grievor indicated had he been allowed to continue contributing to his pension, he would have been able to accrue the necessary pensionable service for a 70% annuity prior to reaching the compulsory retirement age. The grievor added that an exception is already recognized by the CFSA for members of the Regular Force where time spent on Leave Without Pay (LWOP) immediately upon enrolment until the start of training, does not count toward pensionable service. He suggested that a solution for Res F members could be that days between periods of Class “A” service could be viewed as time on LWOP and not counted toward pensionable service. As redress, the grievor requested an exemption to the CFSA, or a legislative amendment, to allow him to continue contributing to his pension until reaching 35 years of accrued fulltime pensionable service.

The Director General Compensation and Benefits acting as the Initial Authority, rejected the grievance stating that, pursuant to section 93 of the CFSA, there was a specific mechanism for the grievor's requested redress from the Minister of National Defence, and therefore that the issue could not be handled within the Canadian Armed Forces (CAF) grievance system.

The Committee noted that superannuation entitlements are governed by the CFSA, a piece of legislation enacted by Parliament and subject to change over time. The Committee found that the CFSA only permits a maximum of 35 years of pensionable service and the grievor's pension administration was properly transitioned when he reached that 35-year pensionable limit. The Committee did however observe that wording of the CFSA can lead to possible unintended consequences for certain CAF members, especially those in the Res F who can reach 35 years of pensionable service before having reached 35 years of fulltime paid service due to the nature of Res F service. The Committee observed that it is in the best interests of the CAF and their members, to support the development of an equitable solution to this issue. This will be important for attraction and retention of members who have attained their peak experience and service.

The Committee found that the grievor was treated in accordance with the CFSA and therefore recommended the Final Authority deny the grievor redress.