爆料网AT Held or 爆料网DT Pronouncements
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 was satisfied that 爆料网JSPF, in exercising its discretion as to how to apportion Mr Elguindi’s monthly pension, correctly determined that it had to take into consideration the needs of Ms Onogi, Ms Sheryda, the minor children of Ms Sheryda and Mr Elguindi, and the needs of Mr Elguindi himself. 爆料网AT held there was no reason to vary or set aside the decision of Uto exercise its discretion in apportioning Ms Onogi 19 per cent, Ms Sheryda 10. 5 per cent and her two minor children 19 per cent of Mr Elguindi’s monthly pension benefit. 爆料网AT dismissed the appeals and upheld the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
Mr Elguindi, Ms Onogi, Ms Sheryda contested amounts awarded by the United Nations Joint Staff Pension Board (爆料网JSPB). The Standing Committee of the 爆料网JSPB upheld the decision of the 爆料网JSPF. The Standing Committee expressed the view that the 爆料网JSPF was not responsible for resolving private legal disputes and that the total amounts that could be reasonably deducted under Article 45 of the 爆料网JSPF Regulations should not exceed 50 per cent of a staff member’s monthly pension benefit.
Legal Principle(s)
爆料网JSPF may, to satisfy a legal obligation on the part of a participant or former participant arising from a marital or parental relationship and evidenced by an order of a court or by a settlement agreement incorporated into a divorce or other court order, remit a portion of a benefit payable by 爆料网JSPF to such participant for life to one or more former spouses and/or a current spouse from whom the participant or former participant is living apart. Such payment shall not convey to any person a benefit entitlement from the 爆料网JSPF or provide any rights under the 爆料网JSPF Regulations to such person or increase the total benefits otherwise payable by 爆料网JPSF.