Grant McLean, a senior manager with the provincial government and a former Mayor of the City of Airdrie is frustrated at the discrepancy in how the government treats its employees how MLAs treat themselves. Two and a half years ago MLAs voted themselves a liberal severance package. McLean is bitter that a provincial government error cost him nearly fifteen years on his pension. He is frustrated at the government’s denial and stalling tactics being used in the hope that he will go away.
Back in 1982 Grant McLean was an officer in Canada’s Regular Force with over 14 years service. He has served abroad on both NATO and United Nations peacekeeping duties. He could have continued his career for another two decades with reasonable prospects for promotion.
Instead, McLean decided to apply for employment with the Government of Alberta in the provincial correctional system. After a couple of interviews he was offered a job as a Deputy Director at Spy Hill Jail, also known as the Calgary Correctional Centre.
With over 14 years service in Canada’s military, McLean had accumulated a considerable pension interest. During his interviews for the prison job he enquired whether he could transfer his military pension rights over to the provincial plan.
The province’s letter offering McLean employment assured McLean he could transfer his pension over. McLean quit the army to take up the provincial job.
Whoops! After McLean had left his military career and went to the provincial pension people he was told no can do. It turned out that contrary to what McLean had been assured in writing, there was no arrangement between the Province of Alberta and Canada’s Department of National Defence for transferring pensions.
This left McLean without pension build up for a decade and a half of his life, making for a considerably reduced pension when he retires. And all because he relied on an incorrect assurance in writing by the provincial government’s employment officer that his pension would be transferable.
The goof occurred even though provincial personnel departments had directives and mechanisms in place to avoid such mix-ups. McLean has been fighting since 1982 to get the provincial government to right this wrong and credit him for his earlier pensionable service without success. The provincial government refused to budge. McLean even heard that one bureaucrat said, “So we made a mistake, let him sue us.”
Finally, in 1999, McLean did just that and initiated legal action against the government. The lawsuit has been slowly wending its way through the legal system and has yet to go before a judge. For the government’s battery of lawyers, McLean’s claim represents just another case. For McLean it’s his quality of life for his retirement years.
Court actions are costly and time consuming. McLean’s case clogs an already overloaded court system while costing Alberta taxpayers money to defend an unjust refusal. Why can the government not accept the consequences of the erroneous advice it gave Grant McLean over two decades back? Why can the government not admit its error and allow him to put his military pension credits into the provincial plan?
Where do Alberta’s incumbent and aspiring MLA’s stand on the government’s tight fisted stance towards McLean? After all, didn’t they vote in favour of generous severance package for themselves just a year or so ago? Shouldn’t some of this generous spirit be bestowed upon McLean? He isn’t, after all, asking for a handout, merely to be allowed to transfer pension rights he had already earned, and which the provincial government assured him that he could transfer when they offered him a job.
McLean is sensitive to the issue of politicians cushioning their departure from politics. He has previously been involved in the political process at municipal, provincial and federal levels. From 1986 to 1992 he was Mayor of the City of Airdrie, being elected by acclamation for his second term.
In some cases, government lawyers will vigorously defend a legal matter for fear of encouraging a fold of similar claims. McLean’s case appears to be a peculiar one so why is the government dragging its feet here?
McLean’s health has deteriorated in the past year and a group of friends have now taken up his cause. Tomorrow, a number of them will be picketing on his behalf at the Alberta Legislature. Given an opportunity, the Friends of Grant McLean will ask MLA’s where they stand on McLean’s issue. For some of them, it should make for some fancy footwork in a game of political dodgeball that has frustrated and embittered McLean.
Sunday, September 30, 2007
Should this be happening?
Employees at Morinville’s Provincial Building seemed amused to see a pig, a judge and a convict carrying signs and pacing outside their offices last Thursday.The eye-catching trio was protesting the treatment of a retired Canadian soldier by the Alberta Government.
Grant McLean was a captain in the Canadian military when he was offered a job as a manager at the Calgary Correctional Centre, also known as the Spy Hill Jail. Before making the move, McLean asked his potential employer, the Alberta Solicitor General’s office, if he could transfer his military pension contributions into the provincial government’s plan.
“They gave me the letter and I took them at their word,” said McLean, explaining that he left the military after 14 1/2 years of service only to find out the pension couldn’t be transferred after all.That was in 1982.
McLean said he’s been fighting the system ever since, because provincial government departments keep passing the file off to other departments. ‘It’s not our area’ and ‘I don’t have the authority to deal with this, it’s somebody else’ are some of the excuses McLean said he’s been given.“I took it to the pension appeal board and ‘no, its not within our jurisdiction’” he quoted them as saying. “We just keep waltzing around the Maypole.”
The St. Albert resident – who has also been an aide-de-campe to Alberta’s Lieutenant Governor and mayor of the City of Airdrie – said it was not his intention to end up fighting his battle in court.
“I tried every means possible to resolve this thing out of court. I don’t believe in taking people to court and I don’t think I should have to take my employer to court,” he said.McLean said to add insult to injury, the province denied they had offered to transfer his pension in the first place.“There’s documented evidence now on file that a number of steps were supposed to have been followed and they weren’t,” he said.“The province didn’t cough any of those up, I dug them all out of the provincial archives. That’s not right.
The people who were in charge of the personnel office should have produced those relevant documents but they didn’t.”A group of McLean’s friends have created a website to help publicize his fight with the province over his pension.A letter posted at www.friendsofgrant.com appears to be an offer of employment that does indeed state that McLean could transfer his pension.
“Your Federal Government pension contributions are transferable to the Alberta Government Management Pension Plan,” says the letter. “You may apply to have your pension contributions transferred once you commence employment with us.”
The personnel manager who hired McLean later testified at a discovery hearing that she was new to her job, didn’t receive the proper training, and was unfamiliar with the pension fund’s regulations.
The case continues to languish in the court system. “I don’t have a judge, I don’t have a court room, I don’t have a court date,” said McLean, during his protest in Morinville.McLean said he and his friends have been taking their costumed protest to MLAs’ offices around the province to draw attention to the case.
“I’d like people to see exactly what the government is like when it’s at work,” he said.“I spent a good number of years of my life serving this province and this country and the people in it and I’m astounded that they can try to rationalize a situation like this – that it should be seen or heard by a judge.”
Five years after filing a lawsuit against the provincial government over the matter, McLean is still waiting for a court date.“We’ve had the pre-trial conferences with the judge, the examinations for discovery have been complete for three years so I don’t think it’s that far away,” he said. “But that being said we’ve got a backlog of cases in the courts that are very lengthy.”
In the end, McLean wonders why the case has to go to court at all.“I’ve been involved in government and politics and when something is done wrong you just make it right,” he said.
© 2007 Morinville Mirror
Grant McLean was a captain in the Canadian military when he was offered a job as a manager at the Calgary Correctional Centre, also known as the Spy Hill Jail. Before making the move, McLean asked his potential employer, the Alberta Solicitor General’s office, if he could transfer his military pension contributions into the provincial government’s plan.
“They gave me the letter and I took them at their word,” said McLean, explaining that he left the military after 14 1/2 years of service only to find out the pension couldn’t be transferred after all.That was in 1982.
McLean said he’s been fighting the system ever since, because provincial government departments keep passing the file off to other departments. ‘It’s not our area’ and ‘I don’t have the authority to deal with this, it’s somebody else’ are some of the excuses McLean said he’s been given.“I took it to the pension appeal board and ‘no, its not within our jurisdiction’” he quoted them as saying. “We just keep waltzing around the Maypole.”
The St. Albert resident – who has also been an aide-de-campe to Alberta’s Lieutenant Governor and mayor of the City of Airdrie – said it was not his intention to end up fighting his battle in court.
“I tried every means possible to resolve this thing out of court. I don’t believe in taking people to court and I don’t think I should have to take my employer to court,” he said.McLean said to add insult to injury, the province denied they had offered to transfer his pension in the first place.“There’s documented evidence now on file that a number of steps were supposed to have been followed and they weren’t,” he said.“The province didn’t cough any of those up, I dug them all out of the provincial archives. That’s not right.
The people who were in charge of the personnel office should have produced those relevant documents but they didn’t.”A group of McLean’s friends have created a website to help publicize his fight with the province over his pension.A letter posted at www.friendsofgrant.com appears to be an offer of employment that does indeed state that McLean could transfer his pension.
“Your Federal Government pension contributions are transferable to the Alberta Government Management Pension Plan,” says the letter. “You may apply to have your pension contributions transferred once you commence employment with us.”
The personnel manager who hired McLean later testified at a discovery hearing that she was new to her job, didn’t receive the proper training, and was unfamiliar with the pension fund’s regulations.
The case continues to languish in the court system. “I don’t have a judge, I don’t have a court room, I don’t have a court date,” said McLean, during his protest in Morinville.McLean said he and his friends have been taking their costumed protest to MLAs’ offices around the province to draw attention to the case.
“I’d like people to see exactly what the government is like when it’s at work,” he said.“I spent a good number of years of my life serving this province and this country and the people in it and I’m astounded that they can try to rationalize a situation like this – that it should be seen or heard by a judge.”
Five years after filing a lawsuit against the provincial government over the matter, McLean is still waiting for a court date.“We’ve had the pre-trial conferences with the judge, the examinations for discovery have been complete for three years so I don’t think it’s that far away,” he said. “But that being said we’ve got a backlog of cases in the courts that are very lengthy.”
In the end, McLean wonders why the case has to go to court at all.“I’ve been involved in government and politics and when something is done wrong you just make it right,” he said.
© 2007 Morinville Mirror
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