2017-UNAT-734, Witold
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 benefits and that the Standing Committee has no discretion to grant such a retroactive payment. UNAT held that by requested an increase in his pension benefit or retroactive payment of benefits suspending during his reemployment, the Appellant was effectively seeking an amendment to the UNJSPF Regulations, noting that only the General Assembly can amend the UNJSPF Regulations. UNAT held that there was neither unfairness nor discrimination in the combined application of Article 29(b) or Article 40(a) of the UNJSPF Regulations to the Appellant. UNAT dismissed the appeal and affirmed the decision of the UNJSPF Standing Committee.
Previous UNJSPF decision: The Applicant contested the retirement benefit paid to him upon early retirement. He considered the cumulative effect of the application of Article 29(b) and Article 40(a) of the UNJSPF Regulations to be discriminatory. The UNJSPF Standing Committee affirmed the UNJSPF decision that the Applicant had not been disadvantaged by the application of the UNJSPF Regulations.
Only the General Assembly can amend UNJSPF Regulations.