Pension (see also, UNJSPF)

UNAT held that the Standing Committee correctly determined that the applicable rules provide that the pension participant is required to inform UNJPSF in writing of the benefit election made and of any commutation elected and that there was no provision for third party advisement. UNAT held that the Standing Committee’s reliance on Article 30(b) of the UNJSPF Regulations as a rationale for its finding that a deferred retirement benefit became payable to Ms. Assebe upon her separation from service was flawed on the basis that she did not elect for a deferred retirement benefit. UNAT held that...

UNAT held that there was nothing arbitrary about the impugned decision of the Chief Executive Officer (CEO), UNJSPF, as it was based on reports by the Executive Board of the International Monetary Fund between July 2011 and February 2013. UNAT held that good reason had been established for the CEO to decide on 31 July 2011 as the proper date for the suspension of the two-track system in Argentina, notwithstanding that there were previous statements regarding the reliability of the consumer price index (CPI) data in Argentina. UNAT held that it was satisfied that such a decision was a proper...

UNAT considered appeals by both Mr Aliko and the Secretary-General. UNAT held that UNDT correctly concluded that Mr Aliko’s application contesting the decision refusing his request to change nationality for UN purposes was time-barred. UNAT held that UNDT did not err in rejecting as not receivable Mr Aliko’s claims against the decisions on his ineligibility for education grant and on education grant recovery. UNAT held that it was lawful for the Administration to use Mr Aliko’s pending entitlements to recover part of his indebtedness to the Organisation. UNAT held that UNDT erred in concluding...

UNAT held that, in protesting against the non-inclusion of his Transitional Personal Allowance in his retirement benefit, the Appellant had failed to appreciate the distinction between an allowance and base salary. UNAT held that UNRWA DT correctly found that under the applicable Staff Rules, the Appellant’s retirement benefit did not include the Transitional Personal Allowance. UNAT found no error in the UNRWA DT’s finding that the Appellant had not submitted a timely request for decision review with respect to his allegation of impropriety of his transfer and that therefore that claim was...

UNAT rejected the Appellant’s motion for leave to file additional pleadings on the basis that the Appellant had not demonstrated any exceptional circumstances. UNAT decided to strike out the Appellant’s additional submission and not to take it into consideration. UNAT found no fault in the UNJSPF Standing Committee’s decision which was in full accord with the UNJSPF Regulations. UNAT held that the Appellant was neither entitled to an increase in his pension benefit nor to a retroactive payment for the period of his reemployment as there is no legal basis for retroactive payment of these...

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 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 rejected the UNRWA Commissioner-General's submission that the appeal was defective because it failed to identify any of the grounds of appeal prescribed by Article 2(1) of the UNAT Statute. UNAT held that the Appellant’s ground of appeal was without merit. UNAT held that the Commissioner-General was obliged to calculate the Appellant’s retirement benefits in accordance with the new Staff Rule and did so correctly. UNAT held that UNRWA DT did not commit any error of fact and law in arriving at its decision. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

Staff members with permanent appointments are afforded additional protections, particularly when nearing retirement age. Administration’s obligation to protect the position of a permanent staff member includes, at least, an enquiry and the taking of reasonable steps to ascertain if there were any suitable positions available for the staff member. The staff member is required to cooperate in this search but the responsibility for protecting the position of the permanent employee is primarily with the employer.The universal obligation of both employee and employer to act in good faith towards...