爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Appellant’s appeal and affirmed the decisions of 爆料网JSPB Standing Committee. 爆料网AT found that the Appellant’s first ground of appeal had no merit, noting that the Appellant had prior notice of her separation and could have exercised her right to restore her participation prior to the time of her separation in accordance with Section F. 1 of the Pension Fund’s Administrative Rules, which she failed to do. 爆料网AT held that 爆料网JSPF Standing Committee had no discretion to make an exception in this case and the Standing Committee’s decision not to restore the Appellant’s prior contributory service with the Food and Agriculture Organisation did not violate her rights. 爆料网AT also dismissed the Appellant’s second ground of appeal, noting that any challenge that may lawfully be raised by her against her medical clearance was not within the 爆料网JSPF Standing Committee's jurisdiction to consider since the review before the Pension Board did not involve a disability claim. 爆料网AT accordingly dismissed the appeal in its entirety.
Decision Contested or Judgment/Order Appealed
The Applicant requested the World Health Organisation Staff Pension Committee (WHO/SPC) to consider her case for restoration under Section K. 5 of the 爆料网JSPF Administrative Rules, including review by a Medical Board under Section K. 7. WHO/SPC denied her application and the Applicant appealed that decision to the Standing Committee of the 爆料网JSPB, which upheld the decision not to restore her prior contributory service, as her request was time-barred. The Applicant’s request for convening a Medical Board was also rejected on the grounds that "her case did not concern a disability case".
Legal Principle(s)
Restoration of prior contributory service upon reentering the Pension Fund is not automatic. If a participant re-entering the Fund elects to have his or her prior contributory service restored, he or she must give notice in writing no later than one year after the recommencement of participation. Where there is a separation within less than one year after the recommencement of participation then the notice must be given before the date of the separation. The period which can be restored is only the most recent prior to his or her re-entry. Where the outcome of a review turns in whole or in part on the medical conclusions on which the disputed decision was based, the staff pension committee, or the Standing Committee as the case may be, shall obtain the advice of a medical board on the correctness or otherwise of such conclusions before proceeding with the review.
Outcome
Outcome Extra Text
No relief ordered; No relief ordered.