Judgment No. 1901
Decision
1. THE DECISION OF 30 SEPTEMBER 1998 OF THE CHAIRMAN OF THE GOVERNING BOARD OF THE CERN PENSION FUND IS SET ASIDE IN SO FAR AS IT REFUSES TO CONSIDER THE COMPLAINANT'S ENTITLEMENT TO A PENSION FOR UNSUITABILITY.
2. THE CASE IS SENT BACK TO THE CERN PENSION FUND FOR IT TO CONSIDER THE COMPLAINANT'S ENTITLEMENT TO A PENSION FOR UNSUITABILITY IN ACCORDANCE WITH CONSIDERATION 9.
3. THE OTHER CLAIMS ARE DISMISSED.
Considerations 8-9
Extract:
The organization refused the complainant both an unsuitability and an invalidity pension. It explains that it couldn't arrange for a final medical examination at the time of the complainant's dismissal because he was in prison. "The Tribunal cannot accept that argument. Under Article R II 4.18 of the Staff Regulations, a medical examination is compulsory when a contract is terminated, for whatever reason. In view of the particular circumstances of the case, [the organization] should have been at particular pains to comply with that rule. In the absence of such an examination the pension fund should have determined whether, upon termination of service, the complainant was to be treated as unfit for work because of a deterioration in his physical or mental health which occurred while he was employed by [the organization]. The administrator of the Pension Fund was, therefore, wrong [...] when he refused to consider the complainant's entitlement to a pension for unsuitability." The case was sent back to the Pension Fund.
Reference(s)
Organization rules reference: ARTICLE R II 4.18 OF THE STAFF REGULATIONS OF CERN
Keywords
procedure before the tribunal; due process; organisation's duties; termination of employment; medical examination; service-incurred; pension; cern pension fund; pension entitlements; disability benefit; incapacity; invalidity; refusal
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