Grievance Case Summary - G-545

The Grievor was a member of a municipal police force that was absorbed into the RCMP in 1998. At that time, the Grievor was given the option of buying back all or any portion of his municipal police service pension, and transferring it to the RCMP pension. The RCMP advised the Grievor in writing that the cost of buying back his pension would be a substantial amount. The Grievor did not elect to buy back pension at that time.

In 2008, the Grievor received pension-related information from the RCMP. According to the Grievor, the information revealed that the 1998 cost of buying back his pension was actually significantly less than the cost originally quoted. The Grievor objected to the Force providing him with the incorrect cost in 1998.

In 2010, the Respondent requested a ruling from the Level I Adjudicator solely on the preliminary issue of whether the Grievor presented the grievance at Level I within the statutory time limit. In 2011, the Level I Adjudicator ruled that the grievance was not presented in time, and was thus statute-barred. The Grievor presented the grievance at Level II. The file was referred to the ERC, and was received in 2012.

Referability

The grievance is not referable to the ERC.

The types of grievances that may be referred to the ERC are limited to those set out in section 36 of the RCMP Regulations. Subsections 36(b) to (e) refer to specific issues which do not arise in this grievance. Accordingly, pursuant to subsection 36(a), the grievance is only referable to the ERC if it relates to "the Force's interpretation and application of government policies that apply to government departments and that have been made to apply to members".

Buy-back of the Grievor's municipal police pension is governed by the Royal Canadian Mounted Police Superannuation Act (RCMPSA) and the associated regulations. As such, the grievance involves the interpretation and application of the RCMPSA. The RCMPSA is not a government policy that applies to government departments in general; it only applies to members of the RCMP. Thus, the grievance is not referable.

The grievance is not referable to the ERC. As a result, the ERC does not have the legal authority to review the grievance or to make any findings or recommendations.

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

The Commissioner agreed with the ERC that the subject matter of this particular grievance was not one which met the criteria set out in section 36 of the Royal Canadian Mounted Police Regulations, 1988, and therefore was not a matter which should be referred to the ERC, nor one which must be adjudicated by the Commissioner at Level II, as stipulated in subsections 5(2) and 33(4) of the Royal Canadian Mounted Police Act. As such, the Commissioner referred the grievance to a designated Level II Adjudicator so that a decision could be made forthwith.