UNJSPF (440, 441, 442, 443, 444, 961, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457,-666)
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Keywords: UNJSPF
Total judgments found: 42
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Judgment 1206
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3 and 5
Extract:
The complainant objects to the period of service taken into account for the reckoning of his pension entitlements. "The Tribunal is not competent to make any ruling on the application of the Fund's Regulations and therefore declines to entertain the complaint."
Keywords:
competence of tribunal; pension; pension entitlements; tribunal; unjspf;
Judgment 1169
73rd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It appears on the evidence that proceedings have begun, but are not yet completed, before the competent bodies of the fund for the possible grant of a disability benefit to the complainant. This Tribunal may not rule on the matter, which is outside its jurisdiction."
Keywords:
competence of tribunal; disability benefit; invalidity; unjspf;
Judgment 1026
69th Session, 1990
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is not this Tribunal but the United Nations Administrative Tribunal that hears disputes over the application of the Fund Regulations."
Keywords:
competence of tribunal; fund regulations; unjspf;
Judgment 990
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The General Assembly of the United Nations brought in a new scale of pensionable remuneration as from 1 January 1985. The scale, provided for in Article 3.1.1 of the Staff Regulations, did not come into force until 1 April 1985. The complainant's pension, however, was reckoned according to the new scale between 1 January and 31 March 1985. The Tribunal holds that "the ILO is undoubtedly bound [...] by the provisions of the Staff Regulations so long as they remain in force and is therefore liable towards the complainant for the breach of them. That its difficulty is due to the stand taken by the fund cannot alter its liability as employer towards its staff."
Reference(s)
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; difference; effective date; fund regulations; liability; organisation; payment; pension; pensionable remuneration; provision; reduction of salary; scale; staff regulations and rules; unjspf;
Consideration 8
Extract:
The Tribunal "may not order any increase in [the complainant's] pension in redress for the breach of the regulations since the body that determines the pension is outside its jurisdiction."
Keywords:
amount; competence; competence of tribunal; flaw; pension; reckoning; unjspf;
Consideration 6
Extract:
"Having put the scale of pensionable remuneration into its own Staff Regulations, the ILO has a duty to ensure the payment of the corresponding benefits. The sole purpose of pensionable remuneration is the reckoning of the pension, and if the pension discounts the scale in the Staff Regulations because the organisation has entrusted the matter to another body, the ILO must make good the loss to its staff, who are entitled to have the regulations applied. Any difference of opinion there may be between the ILO and the fund is of no concern to the staff."
Keywords:
compensation; enforcement; injury; organisation's duties; pension; pensionable remuneration; staff regulations and rules; unjspf;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal may not review the management of the [United Nations Joint Staff Pension] Fund, the sole basis of its competence in this case being the ILO's Staff Regulations."
Keywords:
competence of tribunal; iloat; pension; unjspf;
Judgment 960
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The notice [...] that prompted her internal appeal cannot in itself afford grounds for a complaint to the Tribunal since it merely showed the amount of the benefit she would get according to the option she preferred, and that amount is determined by the United Nations Joint Staff Pension Fund. if, as the ILO maintains, that is how the notice is to be construed, the Tribunal may not review the lawfulness of the decision." However, the complainant takes a different line. The complainant's objections, based on Article 8.2 of the ILO Staff Regulations, concern not the amount of her pension, but the fact that account was taken of the new scale of pensionable remuneration which the Director-General had brought in as from 1 April 1985. Therefore, the Tribunal is competent.
Reference(s)
Organization rules reference: ARTICLE 8.2 OF THE ILO STAFF REGULATIONS
Keywords:
amount; competence; competence of tribunal; decision; pension; pension entitlements; pensionable remuneration; scale; unjspf;
Judgment 900
64th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was employed by the Credit Union and became a staff member of the FAO after the Union became a part of that organization. He seeks to have his prior service with the Credit Union validated under the Pension Fund. The Tribunal holds that in the circumstances of the case "his prior service with the Union would not count except for within-grade increments. The Union was not a member of the United Nations Joint Staff Pension Fund and he had no entitlement to revalidation of his past service with the Union."
Keywords:
fund membership; pension; status of complainant; unjspf; validation of service;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The reckoning of the pension depends on such factors as the cost of living, currency rates and rates of tax in the country of the pensioner's residence. Those are variables that may preclude the creation of acquired rights. The financial plight of the fund has over the years become alarming."
Keywords:
acquired right; cost-of-living increase; effect; exchange rate; pension; pension entitlements; reckoning; tax; unjspf;
Judgment 445
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant maintains that the fact of his having begun the probationary period at the beginning of his consultancy contract conferred on him the right to participation in the pension fund. But the probationary period and pensionable service do not necessarily coincide. The complainant was treated as a probationer from the material date because a provision of the Staff Rules stipulated that service prior to appointment could be credited towards completion of probation. The provision does not rule out application of the rule disqualifying a consultant for participation in the fund.
Keywords:
contract; external collaborator; participation; period; probationary period; right; unjspf; validation of service;
Consideration 2
Extract:
The complainant maintains that his provisional acceptance of employment as a consultant was based on statements by three officials who acknowledged is right to participate in the Pension Fund from that time. There is no evidence of such statements. "The complainant has all the less reason to object to the absence of proof because at the material time the statements were made, it was open to him to ask the three officials to confirm in writing what they had said."
Keywords:
lack of evidence; participation; promise; unjspf; validation of service;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"When [the complainants] joined the staff they naturally took a keen interest in pension matters such as the amount of their contributions and of the pension itself, and perhaps they did acquire a right from the rules on such matters. But the rate of contribution by the [organisation] was a matter of lesser importance to them: its effect on their position was not direct enough for any acquired right to arise."
Keywords:
acquired right; contributions; organisation; pension; pension entitlements; terms of appointment; unjspf;
Judgment 417
44th Session, 1980
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
"It is unnecessary to consider whether and to what extent, if at all, the Director-General could be made responsible for the acts or omissions of the Staff Pension Committee. What is quite clear is that he can have only a limited responsibility in its decisions."
Keywords:
decision; executive head; liability; staff pension committee; unjspf;
Consideration 19
Extract:
The Tribunal believes that the complainant was expressly excluded, by his contract of employment, from participation in the Pension Fund. An alteration in the contract could be made only by mutual consent. The Tribunal treats a letter addressed to the complainant as "an offer, which the organization was rightly confident would be accepted to remove the exclusion clause".
Keywords:
amendment to the rules; contract; offer; organisation; participation excluded; pension; unjspf;
Consideration 12
Extract:
The complainant received a form, summarising for the needs of the organisation the elements of his contract. The heading "Pensions" was marked "Not applicable". The complainant fulfilled the required conditions for participation in the fund; the Tribunal therefore considers that the expression in question could be justified only if participation was excluded by the contract. The existing contract was silent about pension rights. The expression is "only making explicit what is implied in the contract already executed."
Keywords:
contract; participation excluded; pension; unjspf;
Consideration 12
Extract:
A new provision as well as an [indirect] amendment to his contract allowed the participation of the complainant in a pension fund. He may not validate prior service because his earlier participation was specifically excluded under the terms of his contract of employment, such a situation having been provided for by the material provisions.
Keywords:
amendment to the rules; contract; participation; participation excluded; pension; unjspf; validation of service;
Judgment 364
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"It is of course open to argument whether there is any duty upon the organization to give correct information in matters relating to a staff member's rights in the fund, and if so, whether the information given is correct or not. [...] But this is an issue [...] on which the Director-General has never [decided]. [...] It was one which called for a new decision." Insofar as it concerns this information, the complaint is receivable.
Keywords:
duty to inform; participation; pension; right; unjspf;
Judgment 246
33rd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The organization "is not bound to grant appointments in such terms as to confer on staff members maximum benefit from the fund. On the contrary, although it is of course required to take account of the legitimate interests of staff members on recruitment, in doing so it cannot overlook its own interests."
Keywords:
contract; fixed-term; forfeiture of benefit; organisation's duties; organisation's interest; participation; pension; staff member's interest; terms of appointment; unjspf;
Considerations 1-2
Extract:
The competence of the Tribunal "does not extend to disputes between an international official and the organs of the [United Nations Joint Staff Pension] Fund."
Keywords:
competence of tribunal; complaint; pension; unjspf;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
[T]he refusal of the complainant's request to extend his contract "deprives him of his pension entitlements. It therefore has substantial effects on the financial interests of a staff member whose services were consistently regarded by [the organisation] as satisfactory."
Keywords:
consequence; contract; extension of contract; fixed-term; non-renewal of contract; organisation's duties; participation; pension; refusal; unjspf;
Judgment 230
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"When the complainant was reappointed [...] the officials of the organization did not realise that they were depriving him of the chance of becoming a full participant in the Joint Staff Pension Fund. In all likelihood, had they realised the consequences of their decision, they would have extended the period of the contract [...] without regard to the date of expiry of the project and so enabled the complainant to become a full participant."
Keywords:
contract; contributory service; extension of contract; fixed-term; forfeiture of benefit; negligence; non-renewal of contract; participation; unjspf;
Considerations
Extract:
"In the circumstances of the case under consideration, the omission to take account of the complainant's situation in respect of membership of the pension fund constituted a fact which must be described as essential."
Keywords:
disregard of essential fact; organisation's duties; participation; unjspf;
Considerations
Extract:
"[T]he complainant was deprived of full participation both by his own negligence and by an omission on the part of the organization. It is therefore proper to meet the complainant's claims in part by ordering the organization to pay the complainant from the date of his retirement half the amount of the pension to which he would have been entitled as a full participant in the Joint Staff Pension Fund."
Keywords:
complainant; forfeiture of benefit; negligence; organisation; organisation's duties; participation; pension; unjspf;
Judgment 165
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
When first appointed in March 1952, the complainant was not enrolled in the United Nations Joint Staff Pension Fund. Although this decision was not at the time notified, it was confirmed and notified by the letter of January 1957 which informed the complainant that he would become a member of the pension fund from the following month. The date of receipt of that letter was the date at which the statutory period began to run for the lodging of an appeal. Filed in November 1968, the appeal was time-barred and the dismissing of the appeal was not tainted with illegality.
Keywords:
date of notification; decision; forfeiture of benefit; internal appeal; participation; receivability of the complaint; start of time limit; time bar; time limit; unjspf;
Judgment 164
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
When first appointed in May 1951, the complainant was not enrolled in the United Nations Joint Staff Pension Fund. Although this decision was not at the time notified, it was confirmed and notified by the letter of January 1957 which informed the complainant that he would become a member of the pension fund from the following month. The date of receipt of that letter was the date at which the statutory period began to run for the lodging of an appeal. Filed in November 1968, the appeal was time-barred and the dismissing of the appeal was not tainted with illegality.
Keywords:
date of notification; decision; forfeiture of benefit; internal appeal; participation; receivability of the complaint; start of time limit; time bar; time limit; unjspf;
Judgment 148
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant suffers from total incapacity for work. He asks the Tribunal to recommend to the Joint Staff Pension Fund to pay him a permanent pension. "The Tribunal is not competent to deal with the above claim, since the United Nations Administrative Tribunal is the competent body to hear disputes relating to benefits payable by the United Nations Joint Staff Pension Fund."
Keywords:
competence of tribunal; complainant; disability benefit; remand; request by a party; unat; unjspf;
Judgment 119
19th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
In accordance with a decision taken by the FAO Conference, the Tribunal is competent to hear complaints from staff members of the organization alleging non-observance of their terms and conditions of employment, "with the exception of complaints concerning the benefits of the [...] Joint Staff Pension Fund. It follows that in the present case the Tribunal is not competent to rule on the complaint insofar as it relates to the payment of such benefits."
Keywords:
competence of tribunal; payment; pension; pension entitlements; unjspf;
Judgment 83
14th Session, 1965
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
It follows from Article XII of the Statute of the Tribunal "that the possibility of submitting the question of the validity of the decision given by the Tribunal to the International Court of Justice is exclusively vested in the governing body of [the Organisation] or the administrative board of the pensions fund, as is borne out by the court itself (advisory opinion dated 23 October 1956, ICJ reports, 1956, page 77 and pages 84-85). Such a possibility is open in the sole interest of the organisation [...]. Moreover, the exercise of this right must inevitably lead the governing body to take a stand on the validity of judgments rendered by the Administrative Tribunal."
Reference(s)
ILOAT reference: ARTICLE XII OF THE STATUTE
Keywords:
advisory opinion of icj; competence; executive body; icj; organisation's interest; request by a party; unjspf;
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