# 2018-059 Pay and Benefits, Cadet Organizations Administration and Training Service, Canadian Forces Severance Pay, Reserve Force Retirement Gratuity

Case summary

F&R Date: 2019-03-28

The grievor, a member of the Cadet Organizations Administration and Training Service, argued that when the Compensation and Benefits Instruction (CBI) 204.54 was replaced with CBI 204.40 in 2012, a vital deeming provision for the Primary Reserve (P Res) service was not retained in the new CBI policy. As such, eligible members who released before 1 March 2012 received the Reserve Force Retirement Gratuity (RFRG), while those who released after that date, lost the eligibility they had held for many years prior. The grievor became aware of the matter while undergoing his own release proceedings. As redress, he requested that the Chief of Defence Staff (CDS) deem him to have served in the P Res for the purpose of the Canadian Forces Severance Pay in recognition of his accrued RFRG benefit, as per the original policy.

The Initial Authority, the Director General Compensation and Benefits, denied redress finding that the grievor had been treated in accordance with the Treasury Board (TB) approved instructions.

The Committee found that the grievor no longer had any entitlement to receive the benefit under the wording of the current policy. Referring to previous findings and recommendations made by the Committee on this same issue, the Committee noted that a systemic recommendation was previously made to the CDS recommending that the Chief of Military Personnel be directed to quickly develop a solution in conjunction with the TB. Given the passage of several years since this issue was raised to the attention of the CDS, the Committee urged the CDS to personally intervene to secure a fair outcome for the grievor and for the other Canadian Armed Forces members who have been waiting to receive their severance benefits since as far back as 2012.

The Committee recommended that the grievor be granted redress via the speedy implementation of the Committee's systemic recommendation made to the CDS in July 2014.