Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT held that the Appellant was fully apprised of the options available to him in relation to his pension benefits when his first contract with the Organisation ended in 1985. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s election to transfer his actuarial value to the Social Security Fund of the USSR terminated his contractual relationship with the Ä¢¹½ÊÓƵJSPF. Ä¢¹½ÊÓƵAT held that the right to restore past contributory service was only available to participants in terms of Article 24 of the Ä¢¹½ÊÓƵJSPF Regulations, who had less than five years¡¯ previous contributory service and whose only available benefit was a...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that the relationship between a pension fund and its members and beneficiaries is determined principally by the Regulations of the Fund and that there is no other explicit contractual basis obliging the Fund to assume duties beyond those expressly provided for in the Regulations and Administrative Rules. However, Ä¢¹½ÊÓƵAT emphasized the importance of contracts being executed in good faith. Ä¢¹½ÊÓƵAT found that the Fund breached its duty of good faith because the correspondence between the Appellant and the Fund indicated that she needed assistance and further...

Ä¢¹½ÊÓƵAT held, considering that the Appellant had elected to take a deferred retirement benefit after 1 April 2007 and not taken a withdrawal settlement, that the Fund had no discretion to make an exception under Article 24(a) of Ä¢¹½ÊÓƵJSPF Regulations. Regarding the submission that the Fund was in breach of a duty of good faith by not adequately informing the Appellant of the amendment and its implications, Ä¢¹½ÊÓƵAT held that it cannot be expected of the Fund to provide information in relation to every conceivable contingency or possibility that might or might not eventuate in the future. Ä¢¹½ÊÓƵAT further...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal, requesting compensation for moral damages, compensation for costs for legal representation, and request for interest. Ä¢¹½ÊÓƵAT referred to Article 9(1)(b) of the Ä¢¹½ÊÓƵAT Statute, which states that compensation may only be awarded for harm suffered that is supported by evidence. Ä¢¹½ÊÓƵAT agreed with the ICJ Registrar that the ICJ was not responsible for the delays, but rather demonstrated good faith in bringing about an arrangement favourable to the Appellant. Ä¢¹½ÊÓƵAT accordingly rejected the Appellant¡¯s request for compensation. Ä¢¹½ÊÓƵAT also referred to Article 9(2) of...

Ä¢¹½ÊÓƵAT held that the case was distinguishable from Finniss (judgment No. 2014-Ä¢¹½ÊÓƵAT-397) since there was no allegation of bias, discrimination, or any other kind of deteriorated or privileged relationship between the involved candidate and the Deputy CEO. Ä¢¹½ÊÓƵAT disagreed with Ä¢¹½ÊÓƵDT¡¯s holding that the Deputy CEO should not have acted as a voting member of the assessment panel. Ä¢¹½ÊÓƵAT held that in order to exclude the Deputy CEO¡¯s involvement in the selection exercise, there must be reasonable grounds and/or evidence of extraneous or improper motives, of which there was none (except unsubstantiated and...

Ä¢¹½ÊÓƵAT found that at the time of his separation from service, the former staff member was not married to his husband; their same-sex relationship did not enjoy similar status to marriage under the law of the US; the Regulations did not afford retrospective recognition of their marriage in 2018; and the Regulations specifically regulated the situation of the former staff member by providing for an annuity under Article 35ter. Therefore, Ä¢¹½ÊÓƵAT concluded that under the express terms of Articles 34 and 35, the former staff member¡¯s spouse was not entitled to a survivor¡¯s benefit. Nonetheless, Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered Article 34 of the Ä¢¹½ÊÓƵJSPF Regulations which provides that a widow¡¯s benefit will be payable to the surviving spouse of a participant who was entitled to a retirement benefit at the date of his death if she was married to the deceased at the date of his separation from service and remained married to him until his death. In accordance with general principles of private international law, the validity of a marriage must be assessed and determined in accordance with the law of the place where the marriage was celebrated, being the law of the Philippines. The Supreme Court of the...

Ms Rockcliffe filed an application for execution of Ä¢¹½ÊÓƵAT judgment No. 2017-Ä¢¹½ÊÓƵAT-807. Ä¢¹½ÊÓƵAT held that the crux of the matter for determination was whether Ms Rockcliffe¡¯s appointment to and her removal from, the Budget Working Group (BWG) in 2018 fell within the scope of Ä¢¹½ÊÓƵAT¡¯s order in the judgment. Ä¢¹½ÊÓƵAT held that, although Ä¢¹½ÊÓƵAT had not explicitly addressed the issue of conflict of interest in its judgment, it impliedly rejected it by means of applying the law in force at the time. Ä¢¹½ÊÓƵAT held that it was egregious that Ä¢¹½ÊÓƵJSPF re-submitted that the previous decision not to give Ms Rockcliffe...

Ä¢¹½ÊÓƵAT noted that the deceased staff member, Mr Pise, could have been under no illusion when he signed the payment instruction forms that he had opted to receive, in addition to a deferred pension, his own contributions plus interest as an immediate withdrawal benefit rather than a prospective survivor¡¯s benefit. Ä¢¹½ÊÓƵAT noted that he was informed of that interpretation twice subsequent to his separation and did not challenge those determinations. Ä¢¹½ÊÓƵAT held that there was no doubt that Mr Pise received the benefits payable to him in terms of the Fund¡¯s Regulations and there was no basis thereunder...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵJSPF¡¯s contention that Ms. Larriera had known since 2003 that she was not recognized as a widow by Ä¢¹½ÊÓƵJSPF, interpreted as having the meaning that she should have timely filed her request for review and subsequently her appeal to Ä¢¹½ÊÓƵAT at that time, was without merit. In the absence of an explicit decision by the Administration denying her the entitlement, Ä¢¹½ÊÓƵAT held that Ms Larriera could not and ought not to be expected to presume that such a decision was taken. Ä¢¹½ÊÓƵAT held that Ms. Larriera¡¯s request for review was receivable ratione materiae and that Ms. Larriera¡¯s appeal was...