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Contributions (444,-666)

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Keywords: Contributions
Total judgments found: 21

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  • Judgment 3628


    121st Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges a decision of the Administrative Council relating to employees’ contribution to sickness insurance.

    Judgment keywords

    Keywords:

    complaint dismissed; contributions; health insurance; insurance; summary procedure;



  • Judgment 3627


    121st Session, 2016
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the calculation of her health insurance contributions, as well as the amount of her disability pension.

    Judgment keywords

    Keywords:

    complaint dismissed; contributions; disability benefit; health insurance; insurance; summary procedure;



  • Judgment 3540


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the Administrative Council's decision which replaced the invalidity pension by the invalidity allowance.

    Judgment keywords

    Keywords:

    allowance; complaint allowed; contributions; disability benefit; joinder;



  • Judgment 3538


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge their April 2007 payslip showing an increase in their pension contributions.

    Judgment keywords

    Keywords:

    complaint allowed; contributions; increase; joinder; pension;



  • Judgment 3153


    114th Session, 2013
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant applies for interpretation and execution of Judgment 2861.

    Consideration 6

    Extract:

    "As the complainant was not reinstated, her employment relationship with WMO ended on 3 November 2006 and with her separation from service, her right to participate in the UNJSPF ended (see Judgments 1338, 1797 and 1904). Further, as also stated in Judgment 2621 under 5, 'had it been its intent the Tribunal would have specifically ordered the payment of an amount equivalent to the pension fund contributions that would otherwise have been paid by the [organisation]'."

    Reference(s)

    ILOAT Judgment(s): 1338, 1797, 1904, 2621, 3061

    Keywords:

    application for execution; application for interpretation; case law; contributions; judgment of the tribunal; organisation's duties; pension; reinstatement; unjspf;

    Judgment keywords

    Keywords:

    application for execution; application for interpretation; complaint dismissed; contributions; pension; unjspf;



  • Judgment 1904


    88th Session, 2000
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    When the Tribunal gives an organisation the choice to either reinstate a complainant or pay damages, and the organisation chooses to pay damages, it does not have to pay the contributions of the pension fund or the staff health insurance.

    Keywords:

    allowance; contributions; health insurance; illness; insurance; judgment of the tribunal; material damages; pension; reconstruction of career; reinstatement; unjspf;



  • Judgment 1797


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12-13

    Extract:

    "The Organization pleads that it is under no duty to pay contributions for [the complainant] to the Pension Fund or to the staff health insurance plan and would have had such duty only if he had been reinstated [...]. The Tribunal ruled on a similar issue in Judgment 1338 [...], in which it held that its award [...] of damages equivalent to 'the amount of the salary, allowances and other entitlements [the complainant] would have received' had not required reinstatement in the Pension Fund or health insurance."

    Reference(s)

    ILOAT Judgment(s): 1338

    Keywords:

    allowance; application for execution; case law; contributions; enforcement; health insurance; insurance; judgment of the tribunal; organisation's duties; reinstatement; salary; social benefits; unjspf;



  • Judgment 1519


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The International Civil Service Commission was not "bound to recommend that [the organization] fall in line with the practice of outside employers [...] In respect of compulsory insurance premiums and the refund of expenses incurred [the organization's] scheme of staff health insurance and the [national] social security system [...] are not closely comparable; indeed they are quite different. [...] The Commission abided by the applicable methodology - for all its flaws on that count - and [the organization] made no mistake of fact or of law."

    Keywords:

    contributions; flemming principle; general service category; health insurance; icsc decision; inquiry; insurance; investigation; salary; social benefits; terms of appointment;



  • Judgment 1392


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 34

    Extract:

    Whereas the right to a pension "is no doubt inviolable, a pension contribution is by its very nature subject to variation [...]. Far from infringing any acquired right a rise in contribution that is warranted for sound actuarial reasons [...] actually affords the best safeguard against the threat that lack of foresight may pose to the future value of pension benefits."

    Keywords:

    acquired right; actuarial valuation; contributions; increase; pension;

    Consideration 36

    Extract:

    The complainant objects to the actuarial method which the organisation used in a study of the pension fund's foreseeable costs. "Like any public authority, the EPO enjoys a presumption in its favour - especially when it is taking technical measures and it has done thorough preparatory work - that its choice of actuarial method is the most suitable and the fairest. [...] It is of course open to a staff member under a system of administrative law to challenge the organisation's choice, but he must be able to adduce evidence to show why the chosen method, when compared with others, may suffer from technical flaws that should have disqualified it."

    Keywords:

    actuarial valuation; burden of proof; contributions; discretion; evidence; increase; judicial review; mistake of fact; organisation; pension; reckoning; right of appeal;



  • Judgment 1241


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    The complainants object to the way of reckoning their premiums "the change the complainants object to is part of wider reforms the WHO made to put the scheme on a sounder financial footing over the long term. The Organization is right to pursue that aim by all suitable means at its disposal, and they include measures to ensure that, in keeping with the notion of mutual aid, everyone bears a fair share of costs."

    Keywords:

    amendment to the rules; budgetary reasons; contributions; illness; insurance; scale; social solidarity; written rule;

    Consideration 24

    Extract:

    The complainants object to the way of reckoning their premiums under the organization's health insurance scheme in accordance with an amendment to its rules. They allege breach of acquired rights. "The organization has not discriminated against them: far from it. Its purpose was to remove an unfair advantage the rules used to confer on them. Such corrective action may not be treated as breach of acquired rights even if the advantage was enjoyed for a long time."

    Keywords:

    acquired right; amendment to the rules; budgetary reasons; contributions; equal treatment; health insurance; illness; insurance; social solidarity; written rule;



  • Judgment 1211


    74th Session, 1993
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2-3

    Extract:

    The material question is whether a staff member who is entitled to payment of a pension at the maximum rate must go on contributing to the scheme. "The organisation is right in holding that there is no exception to the rule about monthly deduction."

    Keywords:

    contributions; pension; retirement; seniority; staff member's duties;



  • Judgment 1125


    71st Session, 1991
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Where the Rule [viz. Article 25 of the 1956 Staff Rules] is silent the competent authority - here the Administrative Committee - does have discretion to set the amount of the contribution to be paid from the date of retirement. But its decision will not be immune to review by the Tribunal, which will interfere if it finds some mistake of fact or of law [etc.]". The decision to do away with the material benefit is in breach of Article 25 and cannot stand.

    Reference(s)

    Organization rules reference: ARTICLE 25 OF THE 1956 STAFF RULES

    Keywords:

    amount; breach; contributions; discontinuance; discretion; judicial review; no provision; organisation; provision; staff regulations and rules;



  • Judgment 1110


    71st Session, 1991
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    In Judgment 996 the Tribunal set aside the decision to dismiss the complainant and ordered his reinstatement "with full arrears of salary and allowances". In execution of that judgment the ESO reinstated him as a member of its health insurance scheme as from the date of dismissal and deducted the corresponding premiums from his pay. The complainant's objections to the deductions are mistaken. The intention of Judgment 996 was, as far as possible, to put the complainant in the same position as if he had not been dismissed. The Tribunal is satisfied that in respect of health insurance the organisation has complied with the letter and the spirit of the judgment.

    Reference(s)

    ILOAT Judgment(s): 996

    Keywords:

    application for interpretation; consequence; contributions; deduction; health insurance; insurance; interpretation; judgment of the tribunal; medical expenses; payment; reinstatement; salary;



  • Judgment 1062


    70th Session, 1991
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Article 38(3) of the EPO Service Regulations says that the General Advisory Committee, a joint body comprising staff and management representatives, shall be responsible for giving a "reasoned opinion" - except in cases of obvious urgency - on any proposal which concerns the whole or part of the staff. The aim of the provision is to encourage proper consultation between the two sides and that means giving the Committee enough information. At issue is the decision to raise from 1 January 1988 the staff's contributions to the organisation's collective insurance against the risks of death and invalidity. But the Committee did not have the information on which to base "a reasoned opinion" until its meeting of 24 and 25 November. The Tribunal will therefore quash the EPO's decision to increase his contributions for the period from 1 January to 25 November 1988.

    Reference(s)

    Organization rules reference: ARTICLE 38.3 OF THE EPO SERVICE REGULATIONS

    Keywords:

    advisory body; advisory opinion; consultation; contributions; increase; insurance; organisation's duties;



  • Judgment 944


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant and her husband are employees of the EPO. In view of the fact that between them they pay a double premium, she is seeking the refund at 100 per cent of their medical expenses, and not 80 per cent as stipulated in the insurance policy. In keeping with the organisation's view, the Tribunal holds that under the material rules of the organisation, "each staff member pays contributions that depend on the amount of salary, yet is entitled to the same benefits, whatever the degree of individual risk or family situation may be. Status as an official will always prevail over status as the member of an official's family, and the right to refund derives solely from the former, not from any marital connection there may be with another official."

    Keywords:

    consequence; contributions; family relationship; health insurance; medical expenses; official; rate; refund; right;



  • Judgment 507


    48th Session, 1982
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The relief sought by the complainants is an order or declaration that the organisation is liable to contribute to the [social security] scheme in respect of the [gratifications] paid to the complainants. It is unusual for the Tribunal to give relief in this form, especially where third parties such as the [national] authorities are involved. The normal method of relief would be an order against the organisation that it should compensate the complainants for the loss they have sustained." [here: the difference between contributions from the organisation and contributions from the complainants]

    Keywords:

    competence of tribunal; contributions; injury; insurance; organisation's duties;



  • Judgment 496


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The Staff Rules give effect to the principle of freedom of association by providing inter alia "that staff associations shall have the right to request their membership for [...] financial contributions; and that the [organization] may give financial assistance to any such association in the furtherance of activities beneficial to the staff provided that the membership of the association also contributes substantially to such activity."

    Keywords:

    contributions; facilities; freedom of association; staff union;



  • 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 426


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant claims reimbursement of the tax payable on a lump-sum payment from the pension fund. He relies on the principle of equality of treatment with two officials who had opted for a repayment of their own contributions and to whom the organisation reimbursed taxation payable in respect of those contributions. "The Tribunal considers that there is a categorical distinction between persons who elect to take a repayment of contributions and those who elect to take a lump-sum payment in part commutation of a pension; and that the principle of equality does not require the two categories to be treated in the same way."

    Keywords:

    commutation; contributions; equal treatment; lump-sum; pension; refund; tax;



  • Judgment 81


    14th Session, 1965
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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:

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

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Last updated: 23.09.2021 ^ top