51ÁÔÆæ

UNAT held that the Appellant was fully apprised of the options available to him in relation to his pension benefits when his first contract with the Organisation ended in 1985. UNAT held that the Appellant¡¯s election to transfer his actuarial value to the Social Security Fund of the USSR terminated his contractual relationship with the UNJSPF. UNAT held that the right to restore past contributory service was only available to participants in terms of Article 24 of the UNJSPF Regulations, who had less than five years¡¯ previous contributory service and whose only available benefit was a...

On receivability, UNAT held that the appeal was receivable insofar as it related to the UNJSPF decision to deduct child support from the Appellant¡¯s pension in accordance with Article 45 of the UNJSPF Regulations. As to the appeal related to repayment of a sum paid directly to the Appellant¡¯s estranged spouse as child¡¯s benefit under Article 36 of the UNJSPF Regulations, UNAT held that this aspect was not receivable for failure to challenge in a timely manner the decision and that his claim regarding due process with respect to direct payments under Article 36 had no merit. On the merits of...

UNAT considered the appeal. UNAT noted that the relationship between a pension fund and its members and beneficiaries is determined principally by the Regulations of the Fund and that there is no other explicit contractual basis obliging the Fund to assume duties beyond those expressly provided for in the Regulations and Administrative Rules. However, UNAT emphasized the importance of contracts being executed in good faith. UNAT found that the Fund breached its duty of good faith because the correspondence between the Appellant and the Fund indicated that she needed assistance and further...

UNAT held, considering that the Appellant had elected to take a deferred retirement benefit after 1 April 2007 and not taken a withdrawal settlement, that the Fund had no discretion to make an exception under Article 24(a) of UNJSPF Regulations. Regarding the submission that the Fund was in breach of a duty of good faith by not adequately informing the Appellant of the amendment and its implications, UNAT held that it cannot be expected of the Fund to provide information in relation to every conceivable contingency or possibility that might or might not eventuate in the future. UNAT further...

UNAT considered an appeal by the Secretary-General. On receivability, UNAT opined that it doubted whether the application was receivable, but due to some uncertainties and because the matter was of general interest, it would decide the case on the merits. On the merits, UNAT held that UNDT erred in law in finding that Ms Haq and Ms Kane had a fundamental right to be fully and accurately informed about their pension entitlements at the time of their appointments. UNAT held that UNDT erred in law in failing to consider that Staff Regulation 4. 1 does not oblige the Secretary-General to transmit...

UNAT found that at the time of his separation from service, the former staff member was not married to his husband; their same-sex relationship did not enjoy similar status to marriage under the law of the US; the Regulations did not afford retrospective recognition of their marriage in 2018; and the Regulations specifically regulated the situation of the former staff member by providing for an annuity under Article 35ter. Therefore, UNAT concluded that under the express terms of Articles 34 and 35, the former staff member¡¯s spouse was not entitled to a survivor¡¯s benefit. Nonetheless, UNAT...

UNAT considered Article 34 of the UNJSPF Regulations which provides that a widow¡¯s benefit will be payable to the surviving spouse of a participant who was entitled to a retirement benefit at the date of his death if she was married to the deceased at the date of his separation from service and remained married to him until his death. In accordance with general principles of private international law, the validity of a marriage must be assessed and determined in accordance with the law of the place where the marriage was celebrated, being the law of the Philippines. The Supreme Court of the...

UNAT held that the Appellant did not contest the decision to separate her from the Organisation, thus the SAB was not seized with her separation and her appeal on that issue was not receivable. UNAT held that the Appellant¡¯s claims for compensation for pain, suffering, and medical expenses were beyond the scope of the case and therefore not receivable. UNAT held that the IMO Secretary-General¡¯s decision to place the Appellant on sick leave was based on sound medical evidence which was not rebutted at the time and that there was no basis to set aside that decision. UNAT held there was no basis...

UNAT held that the Appellant had failed to follow the procedural requirements for an appeal. UNAT noted that the Appellant contested a decision of the Pension Board, which had not been subject to review or appeal, neither by the Staff Pension Committee nor by the Standing Committee, acting on behalf of the Pension Board. UNAT held that it was not allowed to intervene in matters that had not previously been subject to internal reassessment by the Pension Fund. UNAT dismissed the appeal as not receivable.

UNAT noted that the deceased staff member, Mr Pise, could have been under no illusion when he signed the payment instruction forms that he had opted to receive, in addition to a deferred pension, his own contributions plus interest as an immediate withdrawal benefit rather than a prospective survivor¡¯s benefit. UNAT noted that he was informed of that interpretation twice subsequent to his separation and did not challenge those determinations. UNAT held that there was no doubt that Mr Pise received the benefits payable to him in terms of the Fund¡¯s Regulations and there was no basis thereunder...