# 2023-014 Careers, Canadian Forces Superannuation Act, Pension Benefits, Pension Entitlements, Reserve Force

Case summary

F&R Date: 2025-05-21

The grievor argued that the Government of Canada Pension Centre's interpretation of the Canadian Forces Superannuation Act (CFSA) resulted in discrimination against part-time Canadian Armed Forces (CAF) members. Specifically, the grievor grieved that the Pension Centre's decision to terminate his participation in Part 1 of the CFSA after having accrued 35 years of pensionable service was unfair because days paid as a part-time Reserve Force (Res F) member were counted as a full year of pensionable service.  

The Director General Compensation and Benefits, acting as the Initial Authority (IA), rejected the grievance, noting that the grievance pertained to an issue under the CFSA, which did not fall under the National Defence Act. As such, the IA refused to consider the grievance application under the CAF grievance system.

The Committee found that the CFSA only permits a maximum of 35 years of pensionable service which the grievor had accrued.  As such, the grievor's request to continue contributing to their pension was not possible.  The Committee noted that the CAF had no discretion in the matter as the CFSA was legislation enacted by Parliament and only subject to change at the will of Parliament. 

The Committee found that the grievor was not discriminated against as a Res F member, as this was not prohibited ground of discrimination set out by the Canadian Humann Rights Act. Consequently, any differences between the calculations of pensionable time under the CFSA based on serving full or part-time in the CAF is not discriminatory.

The Committee recommended that the Final Authority (FA) not afford redress. However, the Committee did encourage the FA to consider pursuing changes to the wording of the CFSA to make it more fair for all CAF members.