# 2022-203 Pay and Benefits, Pension entitlements

Case summary

F&R Date: 2022-11-16

The grievor disputed the decision denying the request to continue contributing to their Canadian Armed Forces (CAF) pension after having accrued 35 years of pensionable service time.

The Director General Compensation and Benefits, acting as the Initial Authority (IA), rejected the grievance, noting that the grievance pertained to an issue under the Canadian Forces Superannuation Act (CFSA), which did not fall under the National Defence Act. As such, the IA refused to consider the grievance application under the CAF grievance system.

The Committee found that the CFSA only permits a maximum of 35 years of pensionable service, which the grievor had accrued. As such, the grievor's request to continue contributing to their pension was not possible under the Act. The Committee noted that the CAF had no discretion in the matter as the CFSA was legislation enacted by Parliament and only subject to change at the will of Parliament. 

The Committee recommended that the Final Authority (FA) not afford redress. However, the Committee did encourage the FA to consider pursuing changes to the wording of the CFSA to make it fairer for all CAF members.