PUBLIC SERVICE
Pensions
Judicial review of pension administrator’s decision shift, weekend premiums payable under collective agreement to radio operators employed by Canadian Coast Guard not part of “salary” as defined in Public Service Superannuation Act, R.S.C., 1985, c. P-36, s. 3(1) so as to be included in calculation of five-year average annual salary prior to retirement on which superannuation benefits based—Legislative history of definition of “salary” (basic pay for performance of regular duties) examined—Application dismissed—Pension administrator applied well-established administrative test that pensionable salary must relate to performance of regular duties, not to what time duties performed—Parliament’s intention post-Gruber v. The Queen, [1975] F.C. 578 (T.D.) clear: other forms of compensation part of salary only if included in “basic pay” by regulation.
National Automobile, Aerospace, Transportation and General Workers’ Union of Canada v. Canada (Attorney General) (T-931-03, 2007 FC 449, Lemieux J., judgment dated 30/4/07, 44 pp.)