¹ú²úAV

UNAT dismissed the appeal and affirmed the UNJSPB decision.

UNAT recalled that at the time of Mr. Arigon’s entry into participation in 2002, Article 24 did not allow him the option to restore his prior contributory service because that option was limited to participants whose previous period of contributory service was less than five years and who had received a withdrawal settlement; neither of which applied to him. When the 2007 amendment to Article 24 was introduced, he had a one-year window, from 1 April 2007 to 1 April 2008, during which he could elect to restore his prior period of...

The former staff member appealed and UNAT considered whether he could compel UNICEF to pay to the Fund its contribution without making the corresponding contribution himself. UNAT found that, as the former staff member’s secondment was with the World Bank, he should have availed himself of the provisions of Article 13 of the UNJSPF Regulations relating to the transfer of pension rights and he failed to do so. Under these circumstances, UNAT noted that if the former staff member made his own contribution to the Fund, UNICEF would have been duty-bound to make its corresponding contribution...

UNAT considered the Appellant’s appeal and affirmed the decisions of UNJSPB Standing Committee. UNAT found that the Appellant’s first ground of appeal had no merit, noting that the Appellant had prior notice of her separation and could have exercised her right to restore her participation prior to the time of her separation in accordance with Section F. 1 of the Pension Fund’s Administrative Rules, which she failed to do. UNAT held that UNJSPF Standing Committee had no discretion to make an exception in this case and the Standing Committee’s decision not to restore the Appellant’s prior...

UNAT held that, since the Appellant was not a staff member of IOM at the time of the Agreement between the UNJSPF and IOM of 6 March 2006, the terms of the Agreement were not applicable to him as, by its terms, the Agreement only covered staff members who were current at the time of the Agreement. UNAT held that the different treatment of IOM staff members was created by the General Assembly. UNAT noted that restoration is an exceptional benefit that cannot be extended by analogy. UNAT held that the Appellant’s claim of inconsistency, unequal treatment, and arbitrariness by the UNJSPB was...

UNAT agreed that Article 24(a) UNJSPF Regulations does not provide a right to restore prior contributory service to participants who, on or after 1 April 2007, had elected to receive a deferred retirement benefit. UNAT held that the Appellant fell into this category. The appeal was dismissed, and the decision of the Standing Committee was affirmed.

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 held that the Appellant did not fall within the exceptional category of participants who exercised their election for a deferred retirement benefit before 1 April 1997 and were therefore entitled to restore their prior contributory service, as the Appellant exercised her election in September 2009. UNAT held that the Appellant was not entitled to restore her prior contributory service. UNAT held that the Appellant’s complaint that she did not have access to the UNJSPF Regulations was unconvincing, given, inter alia, the availability of the UNJSPF Regulations and Rules on the website. UNAT...