Judgment No. 479
1. THE DIRECTOR-GENERAL IS ORDERED:
(A) TO GIVE EFFECT TO THE DECISION IMPUGNED OF 10 AUGUST 1979 AS IF THE WORDS "LESS DEDUCTION OF THE PENSION PAID BY THE UNIVERSITY RETIRING FUND" WERE OMITTED;
(B) TO PAY TO THE COMPLAINANT ALL THE DEDUCTIONS MADE BY VIRTUE OF THESE WORDS WITH INTEREST AT THE RATE OF 2 PER CENT;
(C) TO MAKE A NEW DETERMINATION OF THE AMOUNT OF THE INVALIDITY PENSION;
(D) TO PAY TO THE COMPLAINANT THREE THOUSAND POUNDS IN RESPECT OF COSTS.
2. ALL THE OTHER CLAIMS OF THE COMPLAINANT ARE DISMISSED.
The complainant draws an invalidity pension for an illness contracted when on a mission as a consultant. The rules provide for a bigger pension if a dependant's allowance had been payable. "A dependant's allowance would not have been payable to the complainant. His contract did not provide for one in addition to his salary or fee. [A] staff rule [...] excludes from the staff members entitled to a dependant's allowance short-term staff and consultants." The claim for an increase was rightly rejected.
external collaborator; contract; short-term; allowance; dependant; illness; service-incurred; disability benefit
Under the rules reasonable medical expenses should be reimbursed. The complainant asks the Tribunal to declare that he is entitled to reimbursement of expenses as long as his condition requires. No formal declaration is required. "If the complainant presents his claims as they arise and they are within the rule, there is no reason to suppose that they will not be met."
period; invalidity; medical expenses; health insurance
While the complainant's degree of invalidity was assessed by doctors at 80 per cent, he in fact suffered the total loss of his earning capacity. "It is for the Director-General [...] as provided [under the rules] to assess the degree [of invalidity] on the basis of the medical evidence and as applied to the complainant's normal occupation. The Tribunal considers that the only conclusion on the facts of this case is that the complainant was totally unable to carry on his normal occupation or any equivalent occupation. Accordingly the degree of incapacity should be assessed at 100 per cent."
medical records; incapacity; invalidity; rate; discretion; executive head
"The fundamental principle of the scheme [...] is that it is not a contract of indemnity but a contract to pay a fixed or calculated sum in certain contingencies. This principle is not affected by the adaptation of the scheme to short-term or temporary employment nor by the fact that in the latter case the earnings are not actual but assumed from an actual amount"
amount; incapacity; invalidity; medical expenses; health insurance
"By the inclusion of the word 'function' ['organe' in the French version] in the [material provision] it is obviously intended that the loss of the use of a limb or member shall be treated in the same way as the actual loss. Whether it means more than this is open to question. Unless it does, it will not apply to persons like the complainant who are incapacitated by disease." The organization chose to apply another provision by analogy.
staff regulations and rules; interpretation; provision; illness; service-incurred; incapacity; invalidity
The complainant became disabled following a disease contracted during a one-month mission. The complainant receives an invalidity pension. His incapacity was assessed by the Tribunal at 100 per cent. The amount of the pension must be redetermined. The deductions made of a university retirement pension were unwarranted they must be reimbursed, with the amounts being indexed against inflation and with interest [2 per cent]; costs.
amount; reckoning; illness; service-incurred; disability benefit; incapacity; invalidity; rate; refund
Interest at the market rate "is composed in part of a sum considered to be sufficient to protect the lender against inflation and in part of interest in the old sense, that is the payment made for the use of stable money."
interest on damages; definition