Judgment No. 285
Decision
THE COMPLAINT IS DISMISSED.
Considerations 5-6
Extract:
The complainant cannot be given the benefit of both the weighing factor and the present favourable rate of exchange. The organisation itself misunderstood the combined effect of the applicable provisions. Although the Tribunal criticises the imprecision of these texts, it rejects the complaint, which requests the maintenance of the old [mistaken] calculation that would have given the complainant a much more highly valued pension in local currency.
Keywords
currency of payment; exchange rate; adjustment; pension
Consideration 6
Extract:
"The Tribunal observes that for some years the organisation itself misunderstood the combined effect of [the] articles [in question]. This is not surprising since the relationship between them is obscure; if they are left as they are, others besides the complainant are likely to be misled."
Keywords
staff regulations and rules; interpretation; provision; currency of payment; pension; difference
Consideration 6
Extract:
"If, as the Tribunal believes, it is intended by [the material provision] that a pensioner should be paid in the currency of the country in which he "declares his home to be", the article should say so expressly. [...] It may well be considered desirable that he should have an option to change his country of residence and consequently the currency in which his pension is paid; if this is what is intended, the article should be limited to that."
Keywords
staff regulations and rules; interpretation; residence; currency of payment; pension
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