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The Ä¢¹½ÊÓƵAT found that Ms. George submitted her request to revert to the US dollar track system on 4 August 2015 and the Administration rejected it on 10 November 2015.Despite that clear communication, the former staff member continued to exchange correspondence with the Administration seeking reconsideration of the decision for almost nine years.She waited until 9 April 2024 before submitting her request for review to the Standing Committee.As it was filed beyond the statutory time limit of ninety days of receipt of notification of the contested decision, the Ä¢¹½ÊÓƵAT held that her request was...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that the former staff member¡¯s application was not receivable.

Regarding the former staff member¡¯s claims concerning the alleged theft of her wages, the alleged lack of a legal basis for the recovery of her final pay, and the alleged illegal withholding of her final pay, the Ä¢¹½ÊÓƵAT found that these claims were not receivable ratione materiae, because she failed to request management evaluation of the contested decisions within the statutory time limit.In this regard, the Ä¢¹½ÊÓƵAT further held that her ignorance or misunderstanding of the law...

The Ä¢¹½ÊÓƵAT noted that months after the death of the participant in the Fund, the Appellant had produced Pens.A/2 forms purporting to change the designation of the beneficiary of the residual settlement, executed by a thumbprint and not the participant¡¯s signature. The Ä¢¹½ÊÓƵAT also noted the medical evidence of signs of the participant¡¯s dementia.

The Ä¢¹½ÊÓƵAT found that the Appellant had provided no evidence to support the contention that the participant¡¯s mental capacity had improved by the time of thumbprinting the later forms. The Ä¢¹½ÊÓƵAT held that the Fund had not erred when it found those forms...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the former staff member¡¯s application was not receivable because most of the contested decisions were either time-barred, res judicata, or did not constitute appealable administrative decisions. The Ä¢¹½ÊÓƵAT found that the Advisory Board on Compensation Claims (ABCC) correctly determined that the claim for compensation under Appendix D remained time-barred under Article 2.1(b) and that the requirements for waiver under Article 2.1(e) were not met, as there was no evidence of incapacity preventing timely filing. The Ä¢¹½ÊÓƵAT further held that...

The Ä¢¹½ÊÓƵAT held that the Fund reasonably chose a 30-year timeframe for its statistical analysis to determine whether there were ¡°aberrant results¡± in terms of pensions received by beneficiaries who had chosen Slovakia as their country of residence. Similarly, the Ä¢¹½ÊÓƵAT held that the conclusions drawn by the Fund from the analysis were properly reached, highlighting that the graph showed a wide disparity between resident beneficiaries who separated from 1993 to 2007 and those who separated afterwards, a disparity solely due to differences in separation dates.

The Ä¢¹½ÊÓƵAT found that the suspension...

The Ä¢¹½ÊÓƵAT noted that in its calculation of the reduction of the beneficiary¡¯s retirement benefit, the Pension Fund had determined the rate of the overall cost-of-living adjustment due to benefits in accordance with the movement in the US consumer price index since the date of the last adjustment to be 6.4 per cent. The Ä¢¹½ÊÓƵAT observed that the Fund had then prorated the overall adjustment rate in proportion to the length of time the beneficiary¡¯s retirement benefit had been in payment and had determined that the inflationary adjustment due to him was 7/12 of 6.4 per cent, equal to 3.7 per cent...

The Appeals Tribunal analyzed the text of Appendix D, from the 1966 version, and concluded that: (a) widows are eligible to receive compensation at a rate of two-fifths of a deceased staff member¡¯s annual salary; (b) if the deceased staff member is survived by more than one widow, the compensation shall be split evenly between the widows; (c) all pension benefits paid through the staff member¡¯s Ä¢¹½ÊÓƵJSPF entitlement shall be deducted from the compensation paid under Appendix D; and the deduction shall not reduce the amount of Appendix D compensation otherwise payable to less than 10 per cent of...

The Ä¢¹½ÊÓƵAT held that the Standing Committee of Ä¢¹½ÊÓƵJSPB had appropriately found Ms. Briel ineligible to receive a widow¡¯s benefit.

The Ä¢¹½ÊÓƵAT found that Ms. Briel should have submitted her appeal to the Ä¢¹½ÊÓƵAT using the prescribed form, accompanied by a brief explaining her grounds for appeal, particularly given that she had received clear instructions from the Ä¢¹½ÊÓƵAT Registry. Nonetheless, the Ä¢¹½ÊÓƵAT reviewed the merits of her appeal.

The Ä¢¹½ÊÓƵAT 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...

The Ä¢¹½ÊÓƵAT noted that the applicant had filed the application for revision some three months after she became aware of the decisive facts as identified in the application. The Ä¢¹½ÊÓƵAT held that the application had been filed beyond the 30-day time limit and was, therefore, not receivable.

The Ä¢¹½ÊÓƵAT found that, in any event, one of the documents had not been in existence at the time of the Ä¢¹½ÊÓƵAT Judgment. The Ä¢¹½ÊÓƵAT also noted that the document had not been decisive in reaching a decision in the appeal and, for this reason, the application was an attempt to re-litigate the appeal. The Ä¢¹½ÊÓƵAT concluded...

The Ä¢¹½ÊÓƵAT held that Mr. Kankwenda, a late participant in the Ä¢¹½ÊÓƵJSPF, married another individual, Ms. M.T., in the Democratic Republic of Congo (DRC) in 1971. This fact, which Ms. Isasi herself did not contest, was supported by a marriage certificate and was consistent with the information regarding the dates of birth of Mr. Kankwenda¡¯s children and the identities of their mothers. The Ä¢¹½ÊÓƵAT highlighted that Ms. Isasi admitted that the two marriage certificates she submitted after Mr. Kankwenda¡¯s death, purportedly showing their marriage on 17 January 1971, were falsified, undermining her...