2014-惇蹋厙AT-465

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

As a preliminary matter, 惇蹋厙AT denied the Appellant＊s request for an oral hearing. 惇蹋厙AT noted that 惇蹋厙JSPF correctly applied Article 45 of the 惇蹋厙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. 惇蹋厙AT found no error of law or fact such as to vitiate the contested decision and upheld 惇蹋厙JSPF＊s ※reasoned and well-founded decision.§ 惇蹋厙AT dismissed the appeal and upheld the 惇蹋厙JPSB decision.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision of the Chief Executive Officer (CEO) of 惇蹋厙JSPF to deduct 50 per cent of his monthly pension benefit for payment directly to his former spouse, in accordance with Article 45 of the 惇蹋厙JSPF Regulations. The Standing Committee (or 惇蹋厙JPSB) affirmed the decision of 惇蹋厙JSPF.

Legal Principle(s)

An appeal before 惇蹋厙AT, submitted against a decision adopted by the Standing Committee of the Pension Board, can only succeed if it is found that the 惇蹋厙JPSF Regulations were not observed.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Gonzalez-Hernandez

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement