爆料网AT Held or 爆料网DT Pronouncements
爆料网AT dismissed the appeal and affirmed the 爆料网JSPB decision.
爆料网AT recalled that at the time of Mr. Arigon’s entry into participation in 2002, Article 24 did not allow him the option to restore his prior contributory service because that option was limited to participants whose previous period of contributory service was less than five years and who had received a withdrawal settlement; neither of which applied to him. When the 2007 amendment to Article 24 was introduced, he had a one-year window, from 1 April 2007 to 1 April 2008, during which he could elect to restore his prior period of contributory service. 爆料网AT concluded that Mr. Arigon missed the deadline by several years, and having not made a request to restore his prior contributory service by the 1 April 2008 deadline, he was now ineligible to do so. 爆料网AT found that the 爆料网JSPF had no discretion to award a benefit contrary to the explicit terms of its Regulations at the expense of all participants.
爆料网AT then turned to consider whether Mr. Arigon was entitled to any other relief on the basis that the 爆料网JSPF did not discharge its duty of care or good faith by not adequately informing Mr. Arigon of the 2007 amendment. 爆料网AT found that while the duty of good faith made it incumbent on the 爆料网JSPF to respond appropriately to requests for information, Mr. Arigon did not raise any pertinent enquiry during the window period in which he was entitled to restore his prior contributory service. 爆料网AT concluded that since he raised the matter for the first time seven or more years after the close of the window period, any argument that the 爆料网JSPF did not adequately respond to a pertinent enquiry about benefit choices was not sustainable.
爆料网AT was satisfied that the 爆料网JSPF took reasonable general steps to inform participants as widely as possible of the changes. In advance of the amendments to Article 24(a) being approved, it openly publicized, in its annual letters, that the 爆料网JSPB was considering the issue. Once the amendments to Article 24(a) were approved, the 爆料网JSPF posted the amended Regulations on its website, highlighted the changes in its 2007 annual letter; and it posted a dedicated link on its website, which clearly set out the changes to Article 24(a) and the relevant deadline. The information was easily accessible on the website.
Decision Contested or Judgment/Order Appealed
The 爆料网JSPB Standing Committee upheld the decision to deny Mr. Arigon's request to restore his prior period of contributory service on the ground that he had made the request after the expiry of the applicable deadline under Article 24(a) of the 爆料网JSPF Regulations.
Mr. Arigon appealed.
Legal Principle(s)
There is no provision in the Regulations that requires the 爆料网JSPF to inform participants of any changes or amendments to the Regulations personally. However, the implied duty of good faith requires that the 爆料网JSPF should properly disclose and communicate information that affects the entitlement of participants. The nature and extent of that duty is context specific and thus will depend on the circumstances.
Where a participant must exercise a choice between alternative benefits or courses of conduct, the 爆料网JSPF has a duty in response to a pertinent enquiry to inform the participant properly of all the alternatives in a clear and understandable way as to allow for a proper opportunity for making an informed choice. The duty of good faith makes it incumbent on the 爆料网JSPF to respond appropriately to requests for information.
Normally, the duty to disclose relevant generic information to members and beneficiaries will be fulfilled if it is communicated by reasonably available means.
Ignorance of the law is no excuse and participants of the 爆料网JSPF are required to know the rules that apply to them. The duty of good faith makes it incumbent on the 爆料网JSPF to respond appropriately to requests for information. However, the onus is on the participant to acquaint him/herself with his or her benefit entitlements under the rules and to seek information from the 爆料网JSPF if he or she is unsure of how to interpret the Regulations. There is no duty on the 爆料网JSPF to keep each and every member abreast of changes that may or may not affect him or her.