# 2022-305 Pay and Benefits, Acting While So Employed, Class C Reserve Service, Overpayment, Recovery of Overpayment

Case summary

F&R Date: 2024-05-24

The grievor contested an overpayment recovery resulting from rank changes during a Class “C” period of service and the way in which the recovery was conducted. The grievor was promoted to Acting Lacking Corporal (Cpl) before beginning a period of Class “C” service. After signing a subsequent Statement of Understanding to extend the Class “C” period of service, the grievor was notified that there was an issue with the grievor's rank and there would be an overpayment recovery. The grievor alleged that the proper recovery procedure detailed in Military Pay Administrative Instructions (MPAI) 8-1, Prevention and Detection of Overpayments – Recoveries from Pay and Extension Requests Notification, was not followed. As redress, the grievor requested to be paid at the rank of Cpl for the entirety of the Class “C” period of service and to have an external audit conducted on the grievor's pay account.

The Director General Compensation and Benefits, acting as Initial Authority (IA), found that, pursuant to article 5.11 of Canadian Forces Military Personnel Instructions (CF Mil Pers Instr) 20/04, Administrative Policy of Class A, Class B and Class C Reserve Service, and the Compensation and Benefit Instructions for the Canadian Forces (CBI) 204.015(3), the grievor was entitled to be paid at the Cpl rank for the first 60 days and the grievor's substantive rank of Private thereafter. The IA agreed that the overpayment recovery protocol as set out in MPAI 8-1 was not followed. Additionally, a detailed review of the grievor's pay file concluded that the grievor was paid in accordance with applicable policy.

The Committee found that, according to CF Mil Pers Instr 20/04 and CBI 204.015(3), an overpayment did occur. However, pursuant to the Queen's Regulations and Orders for the Canadian Forces 11.02 and Canadian Forces General Messages 040/20, Acting While So Employed Rank Policy for Lieutenant Colonel/Commander and Below, the Committee also found that the grievor's circumstances met the conditions for Acting While So Employed (AWSE). The Committee further found the way in which the overpayment was recovered was not in accordance with MPAI 8-1. As such, the Committee recommended that the Final Authority afford the grievor redress by exercising discretionary authority to grant the grievor AWSE Cpl for the entirety of the Class “C” service.

FA decision summary

The Deputy Director, Canadian Forces Grievance Authority, acting as the Final Authority, agreed with the Committee's findings and recommendation and directed that the grievor be granted acting rank for the period.