爆料网AT Held or 爆料网DT Pronouncements
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 Standing Committee to exercise its jurisdiction to consider the Appellant’s appeal of the CEO’s decision. 爆料网AT held that, in declining to render a decision in the erroneous belief that the very existence of official CPI figures for Argentina precluded them from doing so, the Standing Committee erred in law and fact with regard to the powers vested in 爆料网JPSF under paragraph 26 of the PAS. On alleged errors in procedure, 爆料网AT held that the Appellant did not experience any inordinate delay in the hearing of his appeal and 爆料网AT was not convinced that the Standing Committee meeting annually at the same time as the Board was in any way an abuse of discretion or dereliction of delegated authority. 爆料网AT held that the Appellant did not establish that the decision by 爆料网JPSF not to convene a special meeting to hear his appeal was the result of any legal error or abuse of authority; rather, such a decision was consistent with the practice of the Standing Committee. 爆料网AT held that there were no grounds for granting the orders sought by the Appellant preventing the Standing Committee from regularly scheduling meetings when the full Board is in session or from scheduling fixed meeting times. 爆料网AT set aside the decision of the Standing Committee and remanded the case back to the Standing Committee for reconsideration.
Decision Contested or Judgment/Order Appealed
Mr Pio appealed the decision not to suspend the local currency track in application of paragraph 26 of the 爆料网JSPF Pension Adjustment System (PAS) for Argentina, requesting 爆料网JSPF to pay his pension benefit on the US dollar track. The Standing Committee of the 爆料网JSPB upheld the decision of the CEO, 爆料网JSPF, and rejected the appeal, noting that under paragraph 14 of the 爆料网JSPF PAS, the Fund is required to use the official consumer price index (CPI) rates for each country as published in the 爆料网 Monthly Bulletin of Statistics. Argentina having produced such rates, and the Bulletin having published them, the Standing Committee concluded that, therefore, there was no basis to suspend the application of the local currency track in accordance with paragraph 26 of the PAS.
Legal Principle(s)
All proceedings which culminate in appealable decisions must be conducted in a reviewable manner, by observing the principles of natural justice; the affected party must get a proper hearing, and the order detailing a decision must contain sound reason which can be judicially scrutinised upon appeal.
Outcome
Outcome Extra Text
No relief ordered; No relief ordered