Ottawa, November 8, 2005—Military Ombudsman Yves Côté has determined
that WWII veteran Clifton Wenzel was unfairly denied a pension. Mr. Wenzel was
first denied his pension more that 40 years ago, in 1961. Since then, Mr.
Wenzel’s attempts to get his pension have been repeatedly denied. In a report
released today, Mr. Côté called upon the Department of National Defence/Canadian
Forces to acknowledge the mistakes that were made, and to set things right by
compensating the WWII veteran.
Squadron Leader (retired) Clifton Wenzel CD, now 83, lives in Brampton,
Ontario. He is an RCAF veteran who was awarded both the Distinguished Flying
Cross and the Air Force Cross. With over 20 years of military service behind
him, he has been fighting for more than 44 years to obtain the annuity he feels
he was wrongfully denied. “In investigating his case, I have come to one clear
conclusion,” said Mr. Côté, “the system failed Clifton Wenzel.”
“It is now time, in this the Year of the Veteran, to set things right for him
and to address his case in an open, caring and generous way,” Mr. Côté said. “I
am therefore urging the Department to repair with dignity and honour the damages
suffered by Mr. Wenzel, and to acknowledge the injustice done to him. He should
be compensated in such a way as to put him in the same financial situation he
would be in today, had he been granted the reduced pension in 1961.”
Mr. Wenzel’s case is an exceptional one. In May 2005, the Minister of National
Defence, the Honourable Bill Graham, referred Mr. Wenzel’s case to the Office of
the Ombudsman. The investigation has revealed that his chances of receiving a
pension were seriously compromised from the start; significant weaknesses were
found in the process that led to the refusal of Mr. Wenzel’s pension.
First, much of the information in Mr. Wenzel’s files was incomplete and
inaccurate. Those who took part in the process failed to ensure that relevant
and critical information that should have been in his file was in fact included.
“For example,” Mr. Côté noted, “there was an error in the calculation of his
pensionable service that gave the impression he had served less than 20 years.
The correct calculation would have put him in the 20-year plus category and our
research revealed that this could have greatly enhanced his chance of getting a
reduced pension.”
In addition, some of the missing information concerned the “public interest”
test set out in the applicable legislation. At the discretion of the
authorities, Mr. Wenzel could have been awarded a pension if a case had been
made that his retirement was “in the public interest”. He was kept in the dark
about the manner in which the legislation was applied and interpreted. This
greatly weakened his case and, as a result, he was turned down for a pension.
The withholding of such crucial information was unfair to Mr. Wenzel.
Mr. Côté is asking that his recommendations be acted upon with utmost urgency.
The backgrounder and the entire report are posted online at
www.ombudsman.forces.gc.ca.
For more information:
Bronwyn Cruden
Acting Communications Project Manager
Office of the Ombudsman, DND/CF
Tel: (613) 995-2386
E-mail: cruden.bf@forces.gc.ca.
Backgrounder
For the Sake of Fairness
The Ombudsman’s Office investigates complaints and serves as a neutral
third party on matters related to the Department of National Defence and the
Canadian Forces (DND/CF). Its role is to help individuals access existing
channels of assistance or redress when they have a complaint or concern. The
Ombudsman may also investigate and report publicly on matters affecting the
welfare of members and employees of DND/CF and others falling within his
mandate. The ultimate goal is to contribute to substantial and long-lasting
improvements to the overall quality of life of military members and their
families.
In 1961, Squadron Leader (Retired) Clifton Wenzel, CD, was 39 years of age
– five years under the mandatory retirement age for an officer of his rank.
With over 20 years of military service, and a recipient of the Distinguished
Flying Cross and the Air Force Cross, he wanted to pursue a civilian career to
better financially provide for his family and plan for the education of his
two young children. He asked for a reduced pension upon retirement. He was
told that he was not eligible, and received a return of his superannuation
contributions (less than $5,000).
Mr. Wenzel asked for his case to be reviewed a number of times over four
decades. However, nothing changed. In January 2003, he filed an application in
the Federal Court of Canada – Trial Division. The Court dismissed the
application on the grounds that the application was “out of time”.
The original decision not to award Mr. Wenzel a reduced pension, and
subsequent confirmations of that decision, were based on the fact that his
retirement was deemed not to be “in the public interest”.
The “public interest” proviso, in effect at the time under the Canadian
Forces Superannuation Act (CFSA) stated that an officer who retired before
the compulsory retirement age, with 10 years of Regular Force service but
fewer than 25, was entitled only to a return of his contributions to the
superannuation plan. However, at the discretion of the authorities at the
time, he could be awarded a reduced pension if a case could be made that his
retirement was “in the public interest”. The test of “public interest”
is a pivotal issue in the Ombudsman’s examination of Mr. Wenzel’s case.
The CFSA did not define “in the public interest”. DND developed a
Policy Guide to assist with the interpretation of “in the public
interest” and to deal with other matters. The Guide stated that before an
annuity would be recommended, a member’s retirement had to be “for the
purpose of taking up civilian employment of public importance.” This
criterion is examined in the Ombudsman’s report.
