# 2022-343 Careers, COVID-19

Case summary

F&R Date: 2025-01-20

The grievor disputed the 2017 conversion of his terms of service (TOS). He stated that he only became aware of the pension consequences of the conversion of his TOS from an Intermediate Engagement of 20 years (IE20) to an Indefinite Period of Service following the decision to release him, for non-compliance with the Canadian Armed Forces (CAF) COVID-19 vaccination policy, approximately 100 days short of completing the required 9,131 days (25 years) of pensionable paid service for an immediate annuity. As redress, the grievor requested an extension to his release date or a retroactive change of his TOS to allow for the entitlement to an immediate annuity pursuant to the Canadian Forces Superannuation Act (CFSA).

The Initial Authority (IA) rejected the grievance on the grounds that it was submitted beyond the three-month time limit, stating that the date at which the grievor accepted his TOS conversion was when he ought to have reasonably known of the error which he is grieving. The IA further stated that it was the grievor's responsibility to be informed of the implications on his pension entitlements before he signed his new TOS.

The Committee sought additional input from Director Military Careers Administration (DMCA) regarding their decision to deny the grievor an extension to his release date. DMCA cited the Chief of Defence Staff Directive 002 on the CAF COVID-19 vaccination policy and other provisions to explain that it is policy to assign a release date no later than 30 days following a compulsory release decision.

The Committee found that the grievor's TOS were properly administered at the time of the offer and that the CAF had provided ample information to allow CAF members to understand that conversion of their TOS post an IE20 affected pension entitlements and where to obtain pension information before accepting an offer. The Committee noted that the grievor did not meet the conditions for immediate annuity pursuant to the CFSA due to having been released short of the required 9,131 days of pensionable service. The Committee further found that the CAF COVID-19 vaccination policy was unconstitutional and the grievor's release was unjust. Finally, the Committee found that DMCA's denial of an extension to the grievor's release date was unreasonable.

The Committee recommended that the Final Authority afford redress by facilitating the grievor's reenrollment, if suitable and willing, and considered financial compensation.