2024-UNAT-1480, Mirjam Briel
The UNAT held that the Standing Committee of UNJSPB had appropriately found Ms. Briel ineligible to receive a widow鈥檚 benefit.
The UNAT found that Ms. Briel should have submitted her appeal to the UNAT using the prescribed form, accompanied by a brief explaining her grounds for appeal, particularly given that she had received clear instructions from the UNAT Registry. Nonetheless, the UNAT reviewed the merits of her appeal.
The UNAT found that, at the time of the late participant鈥檚 death, he had not reported Ms. Briel as his spouse or common-law spouse. Moreover, there was no evidence to suggest that the late participant鈥檚 failure to report resulted from a lack of support of the Human Resources department.
The UNAT dismissed the appeal and affirmed the decision of the Standing Committee of the UNJSPB.
The late participant鈥檚 鈥渓ife partner鈥�, Ms. Briel, contested the UNJSPF鈥檚 decision deeming her ineligible for a widow鈥檚 benefit under Article 34 of the Regulations, Rules, and Pension Adjustment System of the UNJSPF (Regulations).
The Standing Committee of the UNJSPB upheld the UNJSPF鈥檚 decision, concluding that Ms. Briel did not qualify for widow鈥檚 benefits.
Ms. Briel appealed.
It is for the appellant to satisfy the UNAT that their appeal complies with the UNAT Rules of Procedure, including submission on the prescribed form and a brief outlining pleas and explanatory statements.
To qualify for a widow鈥檚 benefit, the individual must be recorded as married to the late participant in the UNJSPF鈥檚 records at the time of separation or death. Staff are responsible for reporting changes to their personal status, and the UNJSPF recognizes only the information in its records. Exceptionally, the UNJSPF may accept a different status, such as a registered partnership, if it aligns with the Regulations and has been formally established, but only after the employer refuses to record or report their status change.