# 2024-260 Pay and Benefits, Canadian Forces Superannuation Act, Ministerial Discretion Under Section 92 of the CF Superannuation Act

Case summary

F&R Date: 2025-11-12

The grievor, having completed 35 years of service in the Reserve Force (Res F) and having completed several periods of Class “A,” “B,” and “C” Reserve Service, disputes the fact that she had reached the maximum pensionable service time, as she would not be able to contribute further to her Canadian Forces Superannuation Act (CFSA) Part 1 pension. The grievor maintains that the interpretation of the 35-year pensionable service applied to Res F members is discriminatory and submits that she is disadvantaged by the inability to grow her pension benefit as it is calculated based on 35 calendar years versus being able to continue accumulating Canadian Armed Forces service time to a maximum 35-year pension. As redress, the grievor seeks to be allowed to pay pension contributions to accrue pensionable service beyond 35 calendar years.

The Director General Compensation and Benefits, acting as the Initial Authority, rejected the grievance arguing that grievance does not comply with the regulations as stipulated in article 7.01 of the Queen's Regulations and Orders as the CFSA has a mechanism in place to address the grievor's pension concerns.

The Committee noted that the Federal Court confirmed the legal interpretation that the maximum 35 years of pensionable service refers to elapsed time and not to paid days. Consequently, the grievor's desired interpretation of the CFSA and its regulations is not possible and it would require a legislative amendment. Consequently, the Committee recommended that the Final Authority deny the grievance.