Author Topic: Military pay while under civilian imprisonment  (Read 930 times)

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Offline MedCorps

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Military pay while under civilian imprisonment
« on: December 18, 2016, 20:40:50 »
Hello all...

I cannot seems to put my finger on the reference and was hoping some admin ninja might be able to point me in the right direction.

Situation: A CAF Regular Force member receives the punishment of civilian imprisonment by a civilian court.

Question: What is the status of his/her pay?  Does the person go LWOP? Does the person still collect full pay, although not employable by Her Majesty, due to imprisonment? I cannot seem to find the reference (although I know one exists).  Looked at the QR&O, DAODs, leave manual and CBIs.  Maybe it is in the RMS clerks bible (forget the name of that publication) or somethings.

Any direction from the collective army.ca masses is welcome.

As a side note, this is academic only... I do not have a mate sitting in civilian cells who called me with this one call looking for advice.  ;D

Thanks.

MC

Offline PuckChaser

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Re: Military pay while under civilian imprisonment
« Reply #1 on: December 18, 2016, 20:52:53 »
http://www.forces.gc.ca/en/about-policies-standards-queens-regulations-orders-vol-03/ch-208.page

Quote
208.04 - ADVANCES OF PAY AND ALLOWANCES WHEN FORFEITURE OR DEDUCTION IMPOSED

(1) Within the limitations prescribed in this article and notwithstanding that his pay account may be placed in debt thereby, an officer or non-commissioned member may be paid an advance of pay and allowances during any period that:

    he is subject to a forfeiture, except in respect of a period of absence without leave or of desertion; or
    he is in civil custody awaiting trial; or
    as a result of an alleged offence, he is in hospital awaiting trial by a service tribunal or a civil tribunal for that offence; or
    a deduction imposed on his pay and allowances is being recovered at a rate that would restrict the issue of pay and allowances to a rate less than the appropriate rate prescribed in paragraph (2) of this article.

(2) During any period prescribed in paragraph (1) of this article:

    in the case of an officer, advances shall, with the approval of the commanding officer, be paid
        to the officer, at a rate not exceeding $10 a month for personal requirements, and
        to the mess of the officer, on his behalf, in the amount of any mess account incurred by him during that period but not exceeding $15 a month; or
    in the case of a non-commissioned member, advances shall be paid to the non-commissioned member at the rate of $1 a day for personal requirements.

(1 October 1977)

(3) Prior to committal to a Service Detention Barracks and with prior approval of the commanding officer, an advance of unearned pay may be made to a non-commissioned member who does not have sufficient personal funds or earned pay, for the purchase of clothing, equipment and miscellaneous requirements in an amount not exceeding the cost of the clothing, equipment and miscellaneous requirements.

(4) Any payment made under paragraphs (2) or (3) of this article shall be charged to the pay account of the officer or non-commissioned member concerned and shall not be regarded as a remission of any portion of the forfeiture or deduction.

(T) [T.B. 782197 effective 27 May 1982 – (3) and (4)]

208.09 - DEBIT AND CREDIT BALANCES - RECOVERED ABSENTEES

When an officer or non-commissioned member, who has been absent without authority for a continuous period of more than 14 days, is recovered:

    any debit balance incurred on or prior to his absence shall be charged against his pay account; and
    any credit balance remaining after settlement of any claims due to the public may, on the authority of the Chief of the Defence Staff, be paid to him.

208.10 - PAYMENT OF COST OF MAINTENANCE - PERSONNEL COMMITTED TO CIVIL GAOLS

(1) When an officer or non-commissioned member is sentenced to imprisonment for an offence under the National Defence Act and is committed to civil gaol, the Chief of the Defence Staff may authorize the payment of accounts for the maintenance of that officer or non-commissioned member while in civil gaol at such rates as he may deem reasonable.

(2) Payments under paragraph (1) of this article shall be in addition to the payment of the proper fees of sheriffs and other peace officers in respect of an officer or non-commissioned member so sentenced.

Quote
208.30 - FORFEITURES - OFFICERS AND NON-COMMISSIONED MEMBERS

(1) Subject to paragraph (2), one day's forfeiture shall be imposed upon an officer or non-commissioned member for each day the member is:

    absent without leave when the member has been found guilty of that offence;
    absent as a deserter when the member has been found guilty of desertion;
    undergoing a punishment of imprisonment imposed by:
        a service tribunal, or
        a civil tribunal;
    in civil custody awaiting trial by a civil tribunal if the civil tribunal subsequently finds the member guilty of an offence; or
    in hospital awaiting trial by a service tribunal or a civil tribunal if:
        the tribunal subsequently finds the member guilty of an offence,
        in the opinion of the medical officer attending the member, the period of hospitalization is a direct result of the commission of the offence of which the member was convicted, and
        the officer commanding the command or formation concurs with the opinion of the medical officer.

(2) An officer or non-commissioned member is not subject to a forfeiture for any period the member is in civil custody while on leave with pay and allowances.

(3) Where a punishment of detention is imposed by a service tribunal on a non-commissioned member above the rank of private, a forfeiture shall be imposed, for the duration of the period during which the member is undergoing the punishment of detention, that is equal to the difference between:

    the pay and allowances for a private, pay level 1, pay increment 3, as set out in CBI 204.30 (Pay – Non-commissioned Members) or CBI 204.53 (Pay – Non-commissioned Members – Reserve Force), as applicable; and
    the pay and allowances the member would otherwise have been entitled to, had the member not been sentenced to detention.

Google :ninja:
« Last Edit: December 18, 2016, 20:55:25 by PuckChaser »