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Judgment No. 81

Decision

THE COMPLAINT IS DISMISSED.

Consideration 3

Extract:

As for the complainant's rights under Article II, paragraph 6(b), of the Statute of the Tribunal, the provision "establishes a close link between the rights of the deceased official and the persons which it is designed to cover. However, such persons could not claim a right under a contractual or a statutory clause which the official was not entitled to invoke. Moreover, neither are they entitled to contest the validity of clauses which the official was called upon to respect."

Reference(s)

ILOAT reference: ARTICLE II, PARAGRAPH 6(B), OF THE STATUTE

Keywords

locus standi; complainant; successor; limits; right

Consideration 4

Extract:

"The complainant is attempting to deduce rights from clauses to which her husband could not have had recourse [...] the decisions relating to the application of the new pensions scheme were not contested by [the person concerned] within the period of 90 days prescribed by Article VII, paragraph 2, of the Statute of the Tribunal, and these decisions, which thus became final in regard to [the person concerned], had the effect of irrevocably altering, before the date of his death, both the terms of his contract of appointment and the provisions of the regulations applicable in his case" - the person concerned could not, immediately before his death, have invoked in his favour the regulations in question. Nor is the complainant entitled to do so now.

Reference(s)

ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE

Keywords

complaint; successor; receivability of the complaint; time limit; time bar; enforcement

Consideration 2

Extract:

The aim of the complaint is to contest, not that the regulations in force at the time of the death were correctly applied, but the validity of the bases on which the amount of the widow's pension was calculated resulting from the application of the new pension arrangement. In the opinion of the complainant, the new arrangement adversely affected the balance of contracted obligations of her husband and infringed the essential terms in consideration of which he had accepted appointment. The validity of the applicable statutory provisions is thus questioned as regards terms of appointment and the legality of the decision which made these provisions applicable in his particular case.

Keywords

successor; amount; acquired right; staff regulations and rules; amendment to the rules; terms of appointment; pension; pension entitlements; survivor's benefit

Consideration 5

Extract:

"Although it is true that the right to recovery of payments made by mistake is generally recognised and may, in consequence, be assimilated to a statutory right, [the official] would not have been in a position to claim the reimbursement of the payments he had made, with full knowledge of the facts, into the [...] funds, by virtue of a decision which had been rendered final as far as he was concerned. Neither has the complainant any right to do so."

Keywords

recovery of overpayment; pension; unjspf; contributions; refund; right



 
Last updated: 17.08.2020 ^ top