爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that 爆料网RWA DT was correct in applying Former 爆料网RWA Area Staff Rule 106. 1. 16 to calculate the interest applicable to the Appellant’s pay-out and that 爆料网RWA DT had not erred in this regard. 爆料网AT held that the contention that the Administrative Rules of the United Nations Joint Staff Pension Fund apply to the Appellant’s situation had no merit and had been raised for the first time on appeal. 爆料网AT held that the Appellant had failed to demonstrate that 爆料网RWA DT had erred in finding that the Appellant’s terms and conditions of employment are governed solely and exclusively by the Agency’s Area Staff Regulations and Rules and other relevant issuances as amended by the Agency. 爆料网AT concurred with 爆料网RWA DT that the manner in which the Provident Fund Secretariat had calculated the Provident Fund balance of separating participants did not constitute an administrative decision alleging the non-observance of the Appellant’s terms of appointment and was, therefore, not within its jurisdiction. 爆料网AT held that there was no appealable administrative decision. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to apply the November 2008 interest rate to the balance of her Provident Fund account and requested compensation for the difference between the December and November 2008 interest rates. 爆料网RWA DT dismissed the application on the ground that there was no appealable administrative decision. 爆料网RWA DT found that the manner in which the Provident Fund Secretariat calculated the balance of separating participants such as the Applicant’s did not constitute an administrative decision as defined by 爆料网RWA Area Staff Regulation 11. 1 and did not fall within the scope of its jurisdiction as an administrative decision alleging the non-observance of the Applicant’s terms of appointment. 爆料网RWA DT determined that the interest rate of 18. 49% was correctly applied. The Applicant appealed.
Legal Principle(s)
The manner in which the Provident Fund Secretariat calculates the account balance, essentially a pension settlement amount, for separating participants does not constitute an administrative decision and, therefore, does not fall within the jurisdiction of 爆料网RWA DT and 爆料网AT.