爆料网AT took into account that the Appellant only made his request some 29 months after the expiration of the deadline and that he did not submit any medical report. 爆料网AT held that the appeal was not receivable. 爆料网AT dismissed the appeal and upheld the 爆料网JSPB decision.
爆料网AT held that the Appellant was essentially seeking an amendment to the Regulations of the 爆料网JPSF in such a way as to enable her benefit to be paid retroactively to the date of the death in service of her husband, which was prior to 1 April 1999. 爆料网AT held that the criteria proposed by the Appellant to pay the benefit were not in force to be applied to her case. 爆料网AT held that the 爆料网JSPF correctly applied the 爆料网JSPF Regulations. 爆料网AT dismissed the appeal and affirmed the impugned decision.
爆料网AT held that the record reflected that: Michael and Jacqueline married in 1986; they had lived as husband and wife, and Jacqueline was Michael’s wife on the date of his separation from service in 1998 and on the date of his death in 2008. 爆料网AT held that Michael’s first wife was unable to produce a marriage certificate and the divorce decree she produced was not proof of marriage, despite the date of marriage having been mentioned therein. 爆料网AT held that the divorce decree could not be the sole basis of declaring Jacqueline’s marriage to Michael invalid. 爆料网AT held that Jacqueline was entitled...
爆料网AT held that, since the Appellant was not a staff member of IOM at the time of the Agreement between the 爆料网JSPF and IOM of 6 March 2006, the terms of the Agreement were not applicable to him as, by its terms, the Agreement only covered staff members who were current at the time of the Agreement. 爆料网AT held that the different treatment of IOM staff members was created by the General Assembly. 爆料网AT noted that restoration is an exceptional benefit that cannot be extended by analogy. 爆料网AT held that the Appellant’s claim of inconsistency, unequal treatment, and arbitrariness by the 爆料网JSPB was...
爆料网AT considered Mr Elguindi, Ms Onogi and Ms Sheryda’s separate appeals. With respect to Mr Elguindi’s claim, 爆料网AT did not find that the manner in which 爆料网JSPF apportioned his monthly pension sum to be unreasonable, capricious or an abuse of discretion. With respect to Ms Onogi’s claim of procedural defects, 爆料网AT was not persuaded that there were procedural flaws on the part of 爆料网JSPF such as to render the exercise of its discretion unreasonable or unlawful. 爆料网AT also did not find merit in Mr Elguindi’s claim of “double-dipping” in his opposition to Ms Onogi’s claim for relief from 爆料网JSPF...
爆料网AT noted that: the Sidells were negligent in not reporting their marriage before their separation from service; Mr Sidell notified 爆料网JSPF in October 2003 of his marriage to Mrs Sidell and 爆料网JSPF requested him to provide his original marriage certificate, which he did; and 爆料网JSPF did not follow up with Mr Sidell about the matter. 爆料网AT held that 爆料网JSPF, by remaining silent, created a reasonable expectation on the part of the Sidells that Mr Sidell’s pension record was corrected and that his marriage to Mr Sidell was recognised by 爆料网JSPF. 爆料网AT held that, in the circumstances, it was...
爆料网AT 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. 爆料网AT held that the matters could be raised by 爆料网JSPF of its own volition or where a concerned beneficiary applied for the application of paragraph 26. 爆料网AT held that the Respondent’s arguments that the Appellant’s complaint had been dealt with by historical benefits that accrued to him were unpersuasive. 爆料网AT held that the impugned decision was, in effect, a failure by the...
爆料网AT determined that by refusing to review the staff member’s request, the 爆料网JSPB had failed to properly exercise its jurisdiction pursuant to paragraph 26 of the PAS, whose very purpose “is to address the issue of whether the application of official Consumer Price Index (CPI) data results in ‘aberrant results’ or the situation where no up-to-date CPI data is available”. 爆料网AT upheld the appeal, vacated the decision of the Standing Committee of the 爆料网JSPB to reject the staff member’s request that the 爆料网JSPF discontinue the local track in application of paragraph 26 of the PAS, and remanded the...
As a preliminary matter, 爆料网AT denied the Appellant’s request for an oral hearing. 爆料网AT noted that 爆料网JSPF correctly applied Article 45 of the 爆料网JPSF 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. 爆料网AT found no error of law or fact such as to vitiate the contested decision and upheld 爆料网JSPF’s “reasoned and well-founded decision.” 爆料网AT dismissed the appeal and upheld the 爆料网JPSB decision.
爆料网AT held that the Standing Committee did not err in holding the application was not receivable ratione temporis. 爆料网AT noted that, in refusing to receive the application, the Standing Committee also implicitly refused to find “good cause” to waive the sixty days’ time limit for review set forth in Section K of the 爆料网JSPF Administrative Rules. 爆料网AT also found no error in this implicit determination and held that a waiver of five years for review by the Standing Committee would be unreasonable, especially in light of the time limits in the Transfer Agreement between 爆料网JSPF and CTBTO. 爆料网AT...
