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The Ä¢¹½ÊÓƵAT noted that months after the death of the participant in the Fund, the Appellant had produced Pens.A/2 forms purporting to change the designation of the beneficiary of the residual settlement, executed by a thumbprint and not the participant¡¯s signature. The Ä¢¹½ÊÓƵAT also noted the medical evidence of signs of the participant¡¯s dementia.

The Ä¢¹½ÊÓƵAT found that the Appellant had provided no evidence to support the contention that the participant¡¯s mental capacity had improved by the time of thumbprinting the later forms. The Ä¢¹½ÊÓƵAT held that the Fund had not erred when it found those forms...

The Ä¢¹½ÊÓƵAT held that the Fund reasonably chose a 30-year timeframe for its statistical analysis to determine whether there were ¡°aberrant results¡± in terms of pensions received by beneficiaries who had chosen Slovakia as their country of residence. Similarly, the Ä¢¹½ÊÓƵAT held that the conclusions drawn by the Fund from the analysis were properly reached, highlighting that the graph showed a wide disparity between resident beneficiaries who separated from 1993 to 2007 and those who separated afterwards, a disparity solely due to differences in separation dates.

The Ä¢¹½ÊÓƵAT found that the suspension...

The Ä¢¹½ÊÓƵAT noted that in its calculation of the reduction of the beneficiary¡¯s retirement benefit, the Pension Fund had determined the rate of the overall cost-of-living adjustment due to benefits in accordance with the movement in the US consumer price index since the date of the last adjustment to be 6.4 per cent. The Ä¢¹½ÊÓƵAT observed that the Fund had then prorated the overall adjustment rate in proportion to the length of time the beneficiary¡¯s retirement benefit had been in payment and had determined that the inflationary adjustment due to him was 7/12 of 6.4 per cent, equal to 3.7 per cent...

interpreting medical reports to determine the cause and extent of medical disabilities is the essence of forensic medicine and the result is clearly a medical determination.

this argument seeks to have the Tribunal second-guess the Administration¡¯s finding that the X-ray camera did not fall on the Applicant¡¯s knee in 2017. That is beyond the purview of this Tribunal. In conducting a judicial review of an administrative decision, the Tribunal must defer to the Administration¡¯s factual findings and may not substitute its own decision for that of the Administration. Moreover, it is clear from...

The Ä¢¹½ÊÓƵAT held that the Standing Committee of Ä¢¹½ÊÓƵJSPB had appropriately found Ms. Briel ineligible to receive a widow¡¯s benefit.

The Ä¢¹½ÊÓƵAT found that Ms. Briel should have submitted her appeal to the Ä¢¹½ÊÓƵAT using the prescribed form, accompanied by a brief explaining her grounds for appeal, particularly given that she had received clear instructions from the Ä¢¹½ÊÓƵAT Registry. Nonetheless, the Ä¢¹½ÊÓƵAT reviewed the merits of her appeal.

The Ä¢¹½ÊÓƵAT found that, at the time of the late participant¡¯s death, he had not reported Ms. Briel as his spouse or common-law spouse. Moreover, there was no evidence to...

The Ä¢¹½ÊÓƵAT noted that the applicant had filed the application for revision some three months after she became aware of the decisive facts as identified in the application. The Ä¢¹½ÊÓƵAT held that the application had been filed beyond the 30-day time limit and was, therefore, not receivable.

The Ä¢¹½ÊÓƵAT found that, in any event, one of the documents had not been in existence at the time of the Ä¢¹½ÊÓƵAT Judgment. The Ä¢¹½ÊÓƵAT also noted that the document had not been decisive in reaching a decision in the appeal and, for this reason, the application was an attempt to re-litigate the appeal. The Ä¢¹½ÊÓƵAT concluded...

The Tribunal concluded that the Applicant was entitled to full compensation as provided for under Appendix D, with no deductions. The Tribunal also observed that the Applicant was entitled to receive interests for the delayed payment.

In view of the foregoing, the Tribunal:

a. Granted the application and rescinded the contested decision;

b. Directed the Respondent to pay to the Applicant the compensation under Appendix D with no deduction for pension benefits paid to third parties; and

c. Directed the Respondent to pay to the Applicant for the delayed payment of said compensation the...

The Ä¢¹½ÊÓƵAT held that Mr. Kankwenda, a late participant in the Ä¢¹½ÊÓƵJSPF, married another individual, Ms. M.T., in the Democratic Republic of Congo (DRC) in 1971. This fact, which Ms. Isasi herself did not contest, was supported by a marriage certificate and was consistent with the information regarding the dates of birth of Mr. Kankwenda¡¯s children and the identities of their mothers. The Ä¢¹½ÊÓƵAT highlighted that Ms. Isasi admitted that the two marriage certificates she submitted after Mr. Kankwenda¡¯s death, purportedly showing their marriage on 17 January 1971, were falsified, undermining her...

The Ä¢¹½ÊÓƵAT noted the staff member had not requested a review of the decision by the United Nations Staff Pension Committee or filed an appeal to the Standing Committee, but rather had filed a request for management evaluation and then had applied to the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT found that, as such, he had not followed proper procedure. The Ä¢¹½ÊÓƵAT held that there was no authority for receiving an application by the Dispute Tribunal with regards to a pension decision. The Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT had not erred when it held that it did not have jurisdiction to undertake a judicial review of the contested...

The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not erred in fact when it had not considered separation on retirement, mentioned in the separation notice, to be the reason for the contested decision; the mention of retirement had no import on the staff member¡¯s separation. The Ä¢¹½ÊÓƵAT was of the view that the letter informing her of the expiry of her fixed-term appointment was in line with the abolition of the post she encumbered.

The Ä¢¹½ÊÓƵAT noted that judicial review in the context of suspension of action is different from the review conducted by the Tribunal...