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CERN Pension Fund (438,-666)

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Keywords: CERN Pension Fund
Total judgments found: 6

  • Judgment 2410


    98th Session, 2005
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[I]t is CERN's Council which decides pension adjustments; and the individual decisions on pension rates have as their sole legal basis the general decisions taken periodically by CERN's Council, the lawfulness of which may indeed be challenged in the context of a complaint directed against such individual decisions (see Judgments 1000, 1451 and 2129). In this case, the complainant's objections concern only the lawfulness of the position advocated by the Governing Board of the Pension Fund, when it considered that it could not give its backing to the extraordinary pension adjustment requested by the [CERN Pensioners' Association, of which the complainant is the President]. Since this refusal to support the latter's request before CERN's competent bodies cannot be considered as a legislative act of general application, any pleas based on its alleged unlawfulness must fail."

    Reference(s)

    Organization rules reference: Article II.1.15 of the Regulations of the CERN's Pension Fund
    ILOAT Judgment(s): 1000, 1451, 2129

    Keywords:

    adjustment; advisory opinion; cern pension fund; decision; executive body; general decision; individual decision; pension; rate; receivability of the complaint;



  • Judgment 2091


    92nd Session, 2002
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 12

    Extract:

    The complainant had an accident while on duty. He signed a settlement agreement with the organisation and the CERN Pension Fund in order to solve the issue of the payment of an incapacity pension by the pension fund. "The ESO submits the complaint is not receivable as it does not allege non-observance of the terms of the complainant's appointment or of the [organisation]'s rules and regulations [...]. The Tribunal considers that since the settlement between the complainant, the [organisation] and the CERN Pension Fund arises out of the complainant's rights under his contract of employment as well as the Staff Rules and Regulations, it has jurisdiction to consider the effect of the trilateral agreement."

    Keywords:

    breach; cern pension fund; competence of tribunal; complainant; complaint; complaint allowed in part; consequence; contract; definition; effect; iloat; incapacity; judicial review; organisation; payment; pension; professional accident; provision; receivability of the complaint; right; service-incurred; staff regulations and rules;



  • Judgment 1901


    88th Session, 2000
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 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:

    case sent back to organisation; cern pension fund; complaint allowed; complaint allowed in part; disability benefit; due process; incapacity; invalidity; medical examination; organisation's duties; pension; pension entitlements; procedure before the tribunal; refusal; service-incurred; termination of employment;



  • Judgment 1665


    83rd Session, 1997
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The complainant argues "that by awarding him the ex gratia benefit [the Governing Board of the CERN Pension Fund] held him to be entitled to a partial incapacity pension. That is not so. The Board had already concluded, since he did not qualify under the Rules, that he was entitled to a pension neither for total nor for partial incapacity. It was prepared to grant him a pension for loss of earning capacity i.e. an 'unsuitability pension'; but, having heard him, it decided as an exceptional measure to grant him instead ex gratia benefits equivalent to the 'partial incapacity pension'. Granting him the equivalent is not the same thing as actually awarding him such a pension."

    Keywords:

    cern pension fund; disability benefit; ex gratia; incapacity; medical fitness;



  • Judgment 1662


    83rd Session, 1997
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "There is no general rule requiring the [CERN Pension] Fund to pay interest on the transfer value [of pension entitlements]. So the Fund was free to rely on the text of its own rules, which do not expressly provide for interest, and on consistent practice."

    Keywords:

    cern pension fund; general principle; interest on damages; lump-sum; pension; pension entitlements; practice; transfer of pension rights; written rule;



  • Judgment 889


    64th Session, 1988
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 5

    Extract:

    "The new text of [Article] II 4.01 [CERN Pension Fund] reads: 'Unsuitability is the reduction, presumed to be permanent or long-term, by at least 1/3 in earning capacity resulting from a deterioration in physical or mental health, which occurred while the person concerned held a contract with one of the participating organizations'. [...] The complainant did not satisfy the conditions in [Article] II 4.01."

    Reference(s)

    Organization rules reference: ARTICLE II 4.01 OF THE CERN PENSION FUND

    Keywords:

    cern pension fund; definition; illness; incapacity; medical fitness; service-incurred;


 
Last updated: 04.06.2020 ^ top