2015-Ģ��ƵAT-608

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that the Standing Committee correctly determined that the applicable rules provide that the pension participant is required to inform Ģ��ƵJPSF in writing of the benefit election made and of any commutation elected and that there was no provision for third party advisement. Ģ��ƵAT held that the Standing Committee��s reliance on Article 30(b) of the Ģ��ƵJSPF Regulations as a rationale for its finding that a deferred retirement benefit became payable to Ms. Assebe upon her separation from service was flawed on the basis that she did not elect for a deferred retirement benefit. Ģ��ƵAT held that the election provided for by Article 30(b) had no logical or causative connection to the primary election to receive a benefit under Article 29. Ģ��ƵAT held that the Standing Committee erred in relying on the provisions of Article 30 when it affirmed the decision of the Ģ��ƵJSPF CEO to deny Mr. Teklu��s request relating to Article 29 of the Ģ��ƵJSPF Regulations. Ģ��ƵAT held that Ģ��ƵJSPF could not retroactively seek to justify the contested decision on the basis of Article 32(b). Ģ��ƵAT held that the Ģ��ƵJPSF Regulations and Rules did not provide for the situation which presented itself in the case, namely a pension participant who, within two days of being separated from service and who was not of normal retirement age, passed away without having had the opportunity, by reason of her illness, to exercise her right of election pursuant to Article 27 of the Ģ��ƵJSPF Regulations. Ģ��ƵAT held that the argument that Ms. Assebe could have exercised the necessary election prior to being separated from service could not be dispositive of the appeal. Ģ��ƵAT held that the decision of the Standing Committee, relying on the provisions of Article 30(b) to deny the request for an early retirement benefit, could not be regarded as having been arrived at on a rational or sound basis and that it followed that the matter must be remanded. Ģ��ƵAT held that Mr. Teklu��s due process rights had not been violated. Ģ��ƵAT granted the appeal in part. NAT set aside the decision of the Standing Committee and remanded the case to the Standing Committee for due consideration of the matter of Ms. Assebe��s retirement benefits.

Decision Contested or Judgment/Order Appealed

On behalf of his deceased wife, Mr. Teklu contested the decision of the Standing Committee of the Ģ��ƵJSPB to uphold the decision to deny his request for the early retirement benefit, noting that the Ģ��ƵJSPF Regulations did not provide for a third-party election of benefit on behalf of a former participant posthumously.

Legal Principle(s)

The absence of a specific rule in the Ģ��ƵJPSF Regulations addressing the circumstances which presented before the Standing Committee does not entitle the Standing Committee to arbitrarily pluck a provision from the Ģ��ƵJSPF Regulations as a substitute for the lacunae.

Outcome

Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Teklu

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement