Retroactive Policy amendment to SE benefits for OUTCAN postings.

Topic

Retroactive Policy amendment to SE benefits for OUTCAN postings.

Case number

Description

As a result of a policy change to Separation Expense (SE) benefits in 2012, CAF members who return to Canada from an unaccompanied posting outside Canada no longer have an entitlement to receive SE benefits should they request to be placed on imposed restriction (IR) status at their new place of duty in Canada. 

Specifically, Compensation and Benefits Instruction (CBI) 208.997(5)(b) provides that there is no entitlement to SE where “the member moves from a place of duty in Canada to a new place of duty outside Canada, or vice versa”.

CAF authorities have confirmed that the intent of the policy change was to preclude members who have relocated with their dependents (D) and belongings to a place of duty outside Canada from then leaving their (D) outside Canada and requesting IR/SE at their new place of duty back in Canada. 

CAF authorities have acknowledged that an unintended consequence of the policy change has been to disentitle members who were prohibited posted outside Canada from receiving SE benefits upon being posted back to Canada.  Accordingly, the Director Compensation and Benefits Administration has proposed revisions to CBI 208.997 to Treasury Board (TB) for consideration.

The Committee supported the CAF action to seek TB approval for changes to the policy.  In addition, the Committee noted that the SE policy issue first arose over three years ago, in 2012, and that a number of CAF members have since suffered unjust treatment and financial hardship due to this issue. The Committee found therefore that any amendment to CBI 208.997 correcting the matter should also benefit those CAF members who have already been aggrieved.

Recommendation

The Committee recommended that the CAF submissions to TB include a request for the policy amendment to be retroactive in its application.

Final Authority Decision

Pending

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