Judgment No. 180
THE COMPLAINT IS DISMISSED.
No terminal entitlements are payable if the person concerned receives benefits under a permanent pension scheme to which the organisation contributes. "[A] pension must be defined as "permanent" within the meaning of [the applicable] text if its forfeiture depends solely on the free will of the beneficiary. If [...] the complainant [...] forfeits his present right to a pension by engaging in gainful employment, he does so of his own free will, a circumstance which does not affect the permanent character of the pension."
accumulation; terminal entitlements; pension; pension entitlements; forfeiture of benefit; consequence
"The prescribed time limit must be held to have been observed if a complaint [...] has been filed with [the Tribunal] late, but was sent within the period of 90 days to the Administrative Tribunal of the United Nations. This interpretation is justified because of the links between the international organisations, and in particular by the fact that some staff members" fall within the jurisdiction of the latter Tribunal in matters concerning their pension rights.
complaint; receivability of the complaint; exception; new time limit; time bar; remand; iloat; unat