# 2024-259 Pay and Benefits, Canadian Forces Superannuation Act, Ministerial Discretion Under Section 92 of the CF Superannuation Act

Case summary

F&R Date: 2026-01-05

The grievor took issue with Director Pensions and Social Programs (DPSP) delays in requesting the inclusion of the Canadian Forces Superannuation Act (CFSA) in His Majesty's Revenue and Customs Qualified/Recognised Overseas Pension Schemes (QROPS) list. He explained that even after the CFSA had been added to the QROPS list, there was no way for him to transfer his pension from the United Kingdom (UK) to the CFSA. The grievor stated that the delays caused signification impacts on his earnings and career potential and that he was forced to transfer to the Reserve Force (Res F) and accept a reduction in rank while he was waiting for clarification. As redress, the grievor requested to re-enrol in the Regular Force at Major Pay Increment 10 in addition to compensation for the loss of earnings during the time he was in the Res F. 

The Director General Compensation and Benefits, acting as the Initial Authority (IA), determined that the grievance subject was not a grievable matter in accordance with article 7.01 of the Queen's Regulations and Orders for the Canadian Armed Forces. The IA explained that the CFSA provides a mechanism to address pension concerns with the Minister of National Defence rather than being address in the grievance process. The grievance was rejected and later denied as the IA found that the grievor had been treated in accordance with policy. 

The Committee found that the grievor had not been denied to the right to buy back his UK service and his inability to transfer the funds to do so was entirely outside the purview of the Government of Canada. The Committee also found that while it is not the responsibility of the Canadian Armed Forces (CAF) to facilitate pension transfers for CAF members, DPSP did work to coordinate with counterparts in the UK to have the CFSA added to the QROPS list. Regarding the grievor's decision to transfer to the Res F and accept a reduction in rank, the Committee found that it was a personal decision, not relevant to the pension issues. As such, the Committee found the grievor had not been aggrieved and recommended that the Final Authority not grant redress.