Grievance Case Summary - G-370

The Grievor was a member of a municipal police force which was absorbed into the RCMP. At that time, members were given the option of electing to have all or part of their municipal service transferred to the RCMP for the purpose of pension entitlement, known as pension buy-back. The Grievor did not elect to buy-back any pension at that time. Several years later, the Grievor requested that the Force calculate the cost for the buy-back of pensionable service. The amount was not communicated to him until seven months later, by which time the amount of the buy-back had increased.

The Grievor objected to the increased cost resulting from the seven-month delay in providing the buy-back amount. He also complained that he was not made aware that he was required to file an election to stop the accumulation of interest.

The Level I Adjudicator found that the matter was out of time and, therefore, did not address the merits of the grievance.

The Committee found that the law governing the buy-back of pensions was the Royal Canadian Mounted Police Superannuation Act and the associated regulations. Further, the Committee found that this Act was applicable to the RCMP alone.

The Committee concluded that it could not provide findings and recommendations on this grievance because it was not one that was referable to the Committee according to section 36 of the Royal Canadian Mounted Police Regulations.

The Commissioner rendered his decision in this matter, as summarized by his office:

The Commissioner agreed with the Committee that the grievance is not one that is referable under section 36 of the RCMP Regulations, 1988. He directed that the matter be forwarded to the designated Level II adjudicator for a decision.