# 2023-086 Pay and Benefits, Post Living Differential, Recovery of Overpayment/Debt Write-Off

Case summary

F&R Date: 2024-12-23

The grievor contested the recovery of the Post Living Differential (PLD) allowance payments, arguing that he had taken all reasonable steps to ensure the accuracy of his pay and allowances on several occasions, but was given assurances by the Military Human Resources Centre (MHRC) every time. The grievor also contended that the MHRC was negligent in administering his and other Canadian Armed Forces (CAF) members' PLD entitlement. The grievor sought the reversal of the PLD recovery action and that clarity be provided regarding the PLD benefits for the area in question.

The Director General Compensation and Benefits, acting as the Initial Authority (IA), found that, since the grievor's residence and place of duty were not co-located, Compensation and Benefits Instructions for the Canadian Forces 205.45(8) applied and as such the lower PLD rate applied. As the lower rate was set at $0, the grievor was not entitled to the PLD payments he had received. The IA further stated that, pursuant to article 203.04, Overpayments, of the Queen's Regulations and Orders for the Canadian Forces, payments made in excess of entitlements must be recovered, despite the grievor's due diligence and the MHRC's misapplication of the PLD directive.

The Committee found that the grievor had been aggrieved by the CAF's decision to make PLD payments to him when he was not entitled to them, and by their failure to properly investigate his inquiries into his entitlement. The Committee recommended that the Final Authority afford the grievor redress by assessing the impact of the recovery on the grievor on an individual basis, and, to the extent that this results in significant financial hardship, prepare a submission for a Treasury Board recommendation to the Governor in Council for remission of the grievor's debt.