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The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s claim regarding the calculation of Provident Fund benefits was unfounded because the Agency correctly applied the governing legal framework. The ±¬ÁÏÍøAT found that, under Area Staff Rule 106.1(16)(D)(ii), the last published special interest rate applies up to and including the month immediately preceding payment. Since the payment was made in August 2022, the Agency properly applied PF Secretariat Circular PFS/08/2022, which declared a negative special interest rate of -15.18% for January¨CJune...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s claim regarding the calculation of Provident Fund benefits was unfounded because the Agency correctly applied the governing legal framework. The ±¬ÁÏÍøAT found that, under Area Staff Rule 106.1(16)(D)(ii), the last published special interest rate applies up to and including the month immediately preceding payment. Since the payment was made in August 2022, the Agency properly applied PF Secretariat Circular PFS/08/2022, which declared a negative special interest rate of -15.18% for January¨CJune...

The Appeals Tribunal analyzed the text of Appendix D, from the 1966 version, and concluded that: (a) widows are eligible to receive compensation at a rate of two-fifths of a deceased staff member¡¯s annual salary; (b) if the deceased staff member is survived by more than one widow, the compensation shall be split evenly between the widows; (c) all pension benefits paid through the staff member¡¯s ±¬ÁÏÍøJSPF entitlement shall be deducted from the compensation paid under Appendix D; and the deduction shall not reduce the amount of Appendix D compensation otherwise payable to less than 10 per cent of...

Decisions of ±¬ÁÏÍøSPC fall under the jurisdiction of the United Nations Appeals Tribunal under art. 2.9 of its Statute. Accordingly, the Dispute Tribunal has no jurisdiction to undertake a judicial review of the contested decision.

The ±¬ÁÏÍøAT considered an appeal by the Commissioner-General.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT erred in its determination.

The ±¬ÁÏÍøAT was of the view that in accordance with the Area Staff Rules, which provided for the application of the last published interest rate up to and including the month immediately preceding payment to the calculation of a staff member¡¯s Provident Fund benefits. Given that the staff member made his request on 23 December 2020, the applicable legal instrument in the present case was PFS/19/2020 issued on 12 December 2020, and not PFS/20/2020 issued on 13 January 2021 as...

±¬ÁÏÍøAT noted that the Appellants did not refer to any article of the Regulations that provides that the full retirement benefit may be restored after a participant opts to commute a portion of the retirement benefit into a lump sum. ±¬ÁÏÍøAT held that the Appellants were bound by their decision to accept one-third of their pension as a lump sum and a reduced pension. ±¬ÁÏÍøAT held that the Appellant¡¯s decision could not simply be reversed. ±¬ÁÏÍøAT rejected the argument that the Appellants had been discriminated against and that their basic fundamental rights concerning equity, fairness, and justice under...

±¬ÁÏÍøAT held that the Appellant was essentially seeking an amendment to the Regulations of the ±¬ÁÏÍøJPSF in such a way as to enable her benefit to be paid retroactively to the date of the death in service of her husband, which was prior to 1 April 1999. ±¬ÁÏÍøAT held that the criteria proposed by the Appellant to pay the benefit were not in force to be applied to her case. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøJSPF correctly applied the ±¬ÁÏÍøJSPF Regulations. ±¬ÁÏÍøAT dismissed the appeal and affirmed the impugned decision.

±¬ÁÏÍøAT held that the record reflected that: Michael and Jacqueline married in 1986; they had lived as husband and wife, and Jacqueline was Michael¡¯s wife on the date of his separation from service in 1998 and on the date of his death in 2008. ±¬ÁÏÍøAT held that Michael¡¯s first wife was unable to produce a marriage certificate and the divorce decree she produced was not proof of marriage, despite the date of marriage having been mentioned therein. ±¬ÁÏÍøAT held that the divorce decree could not be the sole basis of declaring Jacqueline¡¯s marriage to Michael invalid. ±¬ÁÏÍøAT held that Jacqueline was entitled...

±¬ÁÏÍøAT held that, since the Appellant was not a staff member of IOM at the time of the Agreement between the ±¬ÁÏÍøJSPF and IOM of 6 March 2006, the terms of the Agreement were not applicable to him as, by its terms, the Agreement only covered staff members who were current at the time of the Agreement. ±¬ÁÏÍøAT held that the different treatment of IOM staff members was created by the General Assembly. ±¬ÁÏÍøAT noted that restoration is an exceptional benefit that cannot be extended by analogy. ±¬ÁÏÍøAT held that the Appellant¡¯s claim of inconsistency, unequal treatment, and arbitrariness by the ±¬ÁÏÍøJSPB was...

±¬ÁÏÍøAT noted that: the Sidells were negligent in not reporting their marriage before their separation from service; Mr Sidell notified ±¬ÁÏÍøJSPF in October 2003 of his marriage to Mrs Sidell and ±¬ÁÏÍøJSPF requested him to provide his original marriage certificate, which he did; and ±¬ÁÏÍøJSPF did not follow up with Mr Sidell about the matter. ±¬ÁÏÍøAT held that ±¬ÁÏÍøJSPF, by remaining silent, created a reasonable expectation on the part of the Sidells that Mr Sidell¡¯s pension record was corrected and that his marriage to Mr Sidell was recognised by ±¬ÁÏÍøJSPF. ±¬ÁÏÍøAT held that, in the circumstances, it was...