爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the Appellant was fully apprised of the options available to him in relation to his pension benefits when his first contract with the Organisation ended in 1985. 爆料网AT held that the Appellant’s election to transfer his actuarial value to the Social Security Fund of the USSR terminated his contractual relationship with the 爆料网JSPF. 爆料网AT held that the right to restore past contributory service was only available to participants in terms of Article 24 of the 爆料网JSPF Regulations, who had less than five years’ previous contributory service and whose only available benefit was a withdrawal settlement consisting of their own contributions to the Pension Fund. The Appellant did not fall into that category. 爆料网AT held that the Standing Committed did not err in holding the complaint was time-barred and for that reason alone, the appeal had to be dismissed. 爆料网AT held that the Appellant’s unsubstantiated allegations of fraudulent collusion between 爆料网JSPF and the Government of the USSR were beyond the scope of 爆料网AT’s jurisdiction. 爆料网AT held that 爆料网JSPF acted strictly in compliance with the 爆料网JSPF Regulations. 爆料网AT dismissed the appeal and upheld the decision of the Standing Committee of the 爆料网JSPB.
Decision Contested or Judgment/Order Appealed
爆料网JSPB decision: The Applicant contested the decision to reject his request for restoration of his prior contributory service in order to receive a deferred retirement benefit. The Applicant’s pension rights had been transferred to the Social Security Fund of the USSR under a transfer agreement and there was no provision in the transfer agreement to return them. The Standing Committee of the 爆料网JSPB upheld the decision of the 爆料网JPSF to reject his request.
Legal Principle(s)
The Standing Committee of the 爆料网JSPB has wide discretion in determining whether good cause exists to extend the prescribed period in which a request for review of a decision may be accepted; a party called upon to show good cause must provide a reasonable explanation for the Appellant’s delay on the record as well as prospects of success on the merits.