2016-��AT-656

��AT Held or ��DT Pronouncements

��AT agreed that Article 24(a) ��JSPF Regulations does not provide a right to restore prior contributory service to participants who, on or after 1 April 2007, had elected to receive a deferred retirement benefit. ��AT held that the Appellant fell into this category. The appeal was dismissed, and the decision of the Standing Committee was affirmed.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision of the Secretary of the World Health Organisation Staff Pension Committee (WHO Staff Pension Committee) to reject his request for the restoration of his prior contributory service with the Fund under Article 24(a) of ��JSPF Regulations. The ��JSPF Standing Committee upheld the decision of the WHO Staff Pension Committee, finding that the Applicant had elected to receive a deferred retirement benefit after 1 April 2007.

Legal Principle(s)

Article 24(a) of the United Nations Joint Staff Pension Fund (��JSPF Regulations) confers the right to restore prior contributory service only to participants who upon separation, on or after 1 April 2007, had elected to receive a withdrawal settlement, or, who before 1 April 2007 had elected under Article 30 of ��JSPF Regulations, or were deemed to have elected under Article 32 of ��JSFP Regulations, to receive a deferred retirement benefit that was not yet in payment at the time of the election to restore.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the ��DT Statute and Article 11(3) of the ��AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/Appellants

Maher

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement