爆料网AT Held or 爆料网DT Pronouncements
爆料网AT noted that the deceased staff member, Mr Pise, could have been under no illusion when he signed the payment instruction forms that he had opted to receive, in addition to a deferred pension, his own contributions plus interest as an immediate withdrawal benefit rather than a prospective survivor’s benefit. 爆料网AT noted that he was informed of that interpretation twice subsequent to his separation and did not challenge those determinations. 爆料网AT held that there was no doubt that Mr Pise received the benefits payable to him in terms of the Fund’s Regulations and there was no basis thereunder to afford Mrs Pise a survivor’s benefit. 爆料网AT held that the Fund discharged its duty to inform Mr Pise of the implications of his choice at the time of his separation in its use of plain language in the payment instruction form, which unambiguously elucidated the available options. 爆料网AT held that there was no basis for Mrs Pise’s claim for moral damages or costs. 爆料网AT dismissed the appeal and affirmed the decision of the Standing Committee.
Decision Contested or Judgment/Order Appealed
The Applicant, Mrs Pise, contested the decision to deny her a widow’s benefit following the death of her husband. Her request was denied on the basis that her husband had elected to take a reduced deferred retirement benefit with a lump sum, under which the 爆料网JSPF Regulations in effect at the time of his separation had precluded payment of a survivor’s benefit.
Legal Principle(s)
Once rights have been vested, they are not altered by subsequent amendments to 爆料网JSPF Regulations. No 爆料网JSPF provision shall be construed as applying retroactively prior to the date of its entry into force unless expressly stated therein or specified by the 爆料网 General Assembly. 爆料网JSPF has no discretion to vary benefits on a discretionary basis. There is nothing that permits restricting the general provision that a widow’s benefit would not be payable where there has been commutation only if it was of the full value of the benefit.
Outcome
Outcome Extra Text
No relief ordered; No relief ordered.