Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
Ä¢¹½ÊÓƵAT considered Mr Elguindi, Ms Onogi and Ms Sheryda¡¯s separate appeals. With respect to Mr Elguindi¡¯s claim, Ä¢¹½ÊÓƵAT did not find that the manner in which Ä¢¹½ÊÓƵJSPF apportioned his monthly pension sum to be unreasonable, capricious or an abuse of discretion. With respect to Ms Onogi¡¯s claim of procedural defects, Ä¢¹½ÊÓƵAT was not persuaded that there were procedural flaws on the part of Ä¢¹½ÊÓƵJSPF such as to render the exercise of its discretion unreasonable or unlawful. Ä¢¹½ÊÓƵAT also did not find merit in Mr Elguindi¡¯s claim of ¡°double-dipping¡± in his opposition to Ms Onogi¡¯s claim for relief from Ä¢¹½ÊÓƵJSPF. Ä¢¹½ÊÓƵAT was satisfied that Ä¢¹½ÊÓƵJSPF, in exercising its discretion as to how to apportion Mr Elguindi¡¯s monthly pension, correctly determined that it had to take into consideration the needs of Ms Onogi, Ms Sheryda, the minor children of Ms Sheryda and Mr Elguindi, and the needs of Mr Elguindi himself. Ä¢¹½ÊÓƵAT held there was no reason to vary or set aside the decision of Uto exercise its discretion in apportioning Ms Onogi 19 per cent, Ms Sheryda 10. 5 per cent and her two minor children 19 per cent of Mr Elguindi¡¯s monthly pension benefit. Ä¢¹½ÊÓƵAT dismissed the appeals and upheld the Ä¢¹½ÊÓƵDT judgment.
Decision Contested or Judgment/Order Appealed
Mr Elguindi, Ms Onogi, Ms Sheryda contested amounts awarded by the United Nations Joint Staff Pension Board (Ä¢¹½ÊÓƵJSPB). The Standing Committee of the Ä¢¹½ÊÓƵJSPB upheld the decision of the Ä¢¹½ÊÓƵJSPF. The Standing Committee expressed the view that the Ä¢¹½ÊÓƵJSPF was not responsible for resolving private legal disputes and that the total amounts that could be reasonably deducted under Article 45 of the Ä¢¹½ÊÓƵJSPF Regulations should not exceed 50 per cent of a staff member¡¯s monthly pension benefit.
Legal Principle(s)
Ä¢¹½ÊÓƵJSPF may, to satisfy a legal obligation on the part of a participant or former participant arising from a marital or parental relationship and evidenced by an order of a court or by a settlement agreement incorporated into a divorce or other court order, remit a portion of a benefit payable by Ä¢¹½ÊÓƵJSPF to such participant for life to one or more former spouses and/or a current spouse from whom the participant or former participant is living apart. Such payment shall not convey to any person a benefit entitlement from the Ä¢¹½ÊÓƵJSPF or provide any rights under the Ä¢¹½ÊÓƵJSPF Regulations to such person or increase the total benefits otherwise payable by Ä¢¹½ÊÓƵJPSF.