2024-Ģ��ƵAT-1480

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Ģ��ƵAT held that the Standing Committee of Ģ��ƵJSPB had appropriately found Ms. Briel ineligible to receive a widow��s benefit.

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

The Ģ��ƵAT 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 suggest that the late participant��s failure to report resulted from a lack of support of the Human Resources department.

The Ģ��ƵAT dismissed the appeal and affirmed the decision of the Standing Committee of the Ģ��ƵJSPB.

Decision Contested or Judgment/Order Appealed

The late participant��s ��life partner��, Ms. Briel, contested the Ģ��ƵJSPF��s decision deeming her ineligible for a widow��s benefit under Article 34 of the Regulations, Rules, and Pension Adjustment System of the Ģ��ƵJSPF (Regulations).

The Standing Committee of the Ģ��ƵJSPB upheld the Ģ��ƵJSPF��s decision, concluding that Ms. Briel did not qualify for widow��s benefits.

Ms. Briel appealed.

Legal Principle(s)

The Ģ��ƵAT is not only competent but also required to consider whether it holds the necessary jurisdiction to determine a matter before it, even on its own motion.

It is for the appellant to satisfy the Ģ��ƵAT that their appeal complies with the Ģ��ƵAT Rules of Procedure, including submission on the prescribed form and a brief outlining pleas and explanatory statements.

To qualify for a widow��s benefit, the individual must be recorded as married to the late participant in the Ģ��ƵJSPF��s records at the time of separation or death. Staff are responsible for reporting changes to their personal status, and the Ģ��ƵJSPF recognizes only the information in its records. Exceptionally, the Ģ��ƵJSPF may accept a different status, such as a registered partnership, if it aligns with the Regulations and has been formally established, but only after the employer refuses to record or report their status change.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/Appellants

Mirjam Briel

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement