2014-Ģ��ƵAT-465

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

As a preliminary matter, Ģ��ƵAT denied the Appellant��s request for an oral hearing. Ģ��ƵAT noted that Ģ��ƵJSPF correctly applied Article 45 of the Ģ��ƵJPSF Regulations and relied on an internationally binding judgment about spousal and child support, issued by an Austrian court, which was not contradicted by the divorce decree issued by a Portuguese court. Ģ��ƵAT found no error of law or fact such as to vitiate the contested decision and upheld Ģ��ƵJSPF��s ��reasoned and well-founded decision.�� Ģ��ƵAT dismissed the appeal and upheld the Ģ��ƵJPSB decision.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision of the Chief Executive Officer (CEO) of Ģ��ƵJSPF to deduct 50 per cent of his monthly pension benefit for payment directly to his former spouse, in accordance with Article 45 of the Ģ��ƵJSPF Regulations. The Standing Committee (or Ģ��ƵJPSB) affirmed the decision of Ģ��ƵJSPF.

Legal Principle(s)

An appeal before Ģ��ƵAT, submitted against a decision adopted by the Standing Committee of the Pension Board, can only succeed if it is found that the Ģ��ƵJPSF Regulations were not observed.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered

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Applicants/Appellants

Gonzalez-Hernandez

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement