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Ä¢¹½ÊÓƵAT held that there was no merit to the Respondent¡¯s argument that the existence of official CPI data for Argentina of itself rendered the Standing Committee impotent as far as a consideration of the Appellant¡¯s request. Ä¢¹½ÊÓƵAT held that the matters could be raised by Ä¢¹½ÊÓƵJSPF of its own volition or where a concerned beneficiary applied for the application of paragraph 26. Ä¢¹½ÊÓƵAT held that the Respondent¡¯s arguments that the Appellant¡¯s complaint had been dealt with by historical benefits that accrued to him were unpersuasive. Ä¢¹½ÊÓƵAT held that the impugned decision was, in effect, a failure by the...

Ä¢¹½ÊÓƵAT held that the staff member¡¯s retirement benefit from the Ä¢¹½ÊÓƵJSPF including the monthly periodic pension benefit was not subject to taxation and/or payment of statutory deductions and that therefore, any challenge with respect to the application and meaning of the words ¡°gross¡± and ¡°net¡± was merely semantic. Ä¢¹½ÊÓƵAT held that the ASHI premium was a voluntary payment that was deducted by the Ä¢¹½ÊÓƵJSPF at the behest of a beneficiary and therefore could not be treated as or deemed to be a statutory deduction. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT held that the Standing Committee correctly determined that the applicable rules provide that the pension participant is required to inform Ä¢¹½ÊÓƵJPSF in writing of the benefit election made and of any commutation elected and that there was no provision for third party advisement. Ä¢¹½ÊÓƵAT held that the Standing Committee¡¯s reliance on Article 30(b) of the Ä¢¹½ÊÓƵJSPF 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. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT held that there was nothing arbitrary about the impugned decision of the Chief Executive Officer (CEO), Ä¢¹½ÊÓƵJSPF, as it was based on reports by the Executive Board of the International Monetary Fund between July 2011 and February 2013. Ä¢¹½ÊÓƵAT held that good reason had been established for the CEO to decide on 31 July 2011 as the proper date for the suspension of the two-track system in Argentina, notwithstanding that there were previous statements regarding the reliability of the consumer price index (CPI) data in Argentina. Ä¢¹½ÊÓƵAT held that it was satisfied that such a decision was a proper...

Ä¢¹½ÊÓƵAT considered appeals by both Mr Aliko and the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that Mr Aliko¡¯s application contesting the decision refusing his request to change nationality for Ä¢¹½ÊÓƵ purposes was time-barred. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in rejecting as not receivable Mr Aliko¡¯s claims against the decisions on his ineligibility for education grant and on education grant recovery. Ä¢¹½ÊÓƵAT held that it was lawful for the Administration to use Mr Aliko¡¯s pending entitlements to recover part of his indebtedness to the Organisation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding...

Ä¢¹½ÊÓƵAT held that, in protesting against the non-inclusion of his Transitional Personal Allowance in his retirement benefit, the Appellant had failed to appreciate the distinction between an allowance and base salary. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly found that under the applicable Staff Rules, the Appellant¡¯s retirement benefit did not include the Transitional Personal Allowance. Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵRWA DT¡¯s finding that the Appellant had not submitted a timely request for decision review with respect to his allegation of impropriety of his transfer and that therefore that claim was...

Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s motion for leave to file additional pleadings on the basis that the Appellant had not demonstrated any exceptional circumstances. Ä¢¹½ÊÓƵAT decided to strike out the Appellant¡¯s additional submission and not to take it into consideration. Ä¢¹½ÊÓƵAT found no fault in the Ä¢¹½ÊÓƵJSPF Standing Committee¡¯s decision which was in full accord with the Ä¢¹½ÊÓƵJSPF Regulations. Ä¢¹½ÊÓƵAT held that the Appellant was neither entitled to an increase in his pension benefit nor to a retroactive payment for the period of his reemployment as there is no legal basis for retroactive payment of these...

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...

On receivability, Ä¢¹½ÊÓƵAT held that the appeal was receivable insofar as it related to the Ä¢¹½ÊÓƵJSPF decision to deduct child support from the Appellant¡¯s pension in accordance with Article 45 of the Ä¢¹½ÊÓƵJSPF Regulations. As to the appeal related to repayment of a sum paid directly to the Appellant¡¯s estranged spouse as child¡¯s benefit under Article 36 of the Ä¢¹½ÊÓƵJSPF Regulations, Ä¢¹½ÊÓƵAT held that this aspect was not receivable for failure to challenge in a timely manner the decision and that his claim regarding due process with respect to direct payments under Article 36 had no merit. On the merits of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. On receivability, Ä¢¹½ÊÓƵAT opined that it doubted whether the application was receivable, but due to some uncertainties and because the matter was of general interest, it would decide the case on the merits. On the merits, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in finding that Ms Haq and Ms Kane had a fundamental right to be fully and accurately informed about their pension entitlements at the time of their appointments. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in failing to consider that Staff Regulation 4. 1 does not oblige the Secretary-General to transmit...