±¬ÁÏÍø

The ±¬ÁÏÍøAT found that Ms. George submitted her request to revert to the US dollar track system on 4 August 2015 and the Administration rejected it on 10 November 2015.Despite that clear communication, the former staff member continued to exchange correspondence with the Administration seeking reconsideration of the decision for almost nine years.She waited until 9 April 2024 before submitting her request for review to the Standing Committee.As it was filed beyond the statutory time limit of ninety days of receipt of notification of the contested decision, the ±¬ÁÏÍøAT held that her request was...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding that the former staff member¡¯s application was not receivable.

Regarding the former staff member¡¯s claims concerning the alleged theft of her wages, the alleged lack of a legal basis for the recovery of her final pay, and the alleged illegal withholding of her final pay, the ±¬ÁÏÍøAT found that these claims were not receivable ratione materiae, because she failed to request management evaluation of the contested decisions within the statutory time limit.In this regard, the ±¬ÁÏÍøAT further held that her ignorance or misunderstanding of the law...

The ±¬ÁÏÍøAT noted that months after the death of the participant in the Fund, the Appellant had produced Pens.A/2 forms purporting to change the designation of the beneficiary of the residual settlement, executed by a thumbprint and not the participant¡¯s signature. The ±¬ÁÏÍøAT also noted the medical evidence of signs of the participant¡¯s dementia.

The ±¬ÁÏÍøAT found that the Appellant had provided no evidence to support the contention that the participant¡¯s mental capacity had improved by the time of thumbprinting the later forms. The ±¬ÁÏÍøAT held that the Fund had not erred when it found those forms...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in concluding that the former staff member¡¯s application was not receivable because most of the contested decisions were either time-barred, res judicata, or did not constitute appealable administrative decisions. The ±¬ÁÏÍøAT found that the Advisory Board on Compensation Claims (ABCC) correctly determined that the claim for compensation under Appendix D remained time-barred under Article 2.1(b) and that the requirements for waiver under Article 2.1(e) were not met, as there was no evidence of incapacity preventing timely filing. The ±¬ÁÏÍøAT further held that...

The ±¬ÁÏÍøAT held that the Fund reasonably chose a 30-year timeframe for its statistical analysis to determine whether there were ¡°aberrant results¡± in terms of pensions received by beneficiaries who had chosen Slovakia as their country of residence. Similarly, the ±¬ÁÏÍøAT held that the conclusions drawn by the Fund from the analysis were properly reached, highlighting that the graph showed a wide disparity between resident beneficiaries who separated from 1993 to 2007 and those who separated afterwards, a disparity solely due to differences in separation dates.

The ±¬ÁÏÍøAT found that the suspension...

The ±¬ÁÏÍøAT noted that in its calculation of the reduction of the beneficiary¡¯s retirement benefit, the Pension Fund had determined the rate of the overall cost-of-living adjustment due to benefits in accordance with the movement in the US consumer price index since the date of the last adjustment to be 6.4 per cent. The ±¬ÁÏÍøAT observed that the Fund had then prorated the overall adjustment rate in proportion to the length of time the beneficiary¡¯s retirement benefit had been in payment and had determined that the inflationary adjustment due to him was 7/12 of 6.4 per cent, equal to 3.7 per cent...

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...

The ±¬ÁÏÍøAT held that the Standing Committee of ±¬ÁÏÍøJSPB had appropriately found Ms. Briel ineligible to receive a widow¡¯s benefit.

The ±¬ÁÏÍøAT found that Ms. Briel should have submitted her appeal to the ±¬ÁÏÍøAT using the prescribed form, accompanied by a brief explaining her grounds for appeal, particularly given that she had received clear instructions from the ±¬ÁÏÍøAT Registry. Nonetheless, the ±¬ÁÏÍøAT reviewed the merits of her appeal.

The ±¬ÁÏÍøAT found that, at the time of the late participant¡¯s death, he had not reported Ms. Briel as his spouse or common-law spouse. Moreover, there was no evidence to...

The ±¬ÁÏÍøAT noted that the applicant had filed the application for revision some three months after she became aware of the decisive facts as identified in the application. The ±¬ÁÏÍøAT held that the application had been filed beyond the 30-day time limit and was, therefore, not receivable.

The ±¬ÁÏÍøAT found that, in any event, one of the documents had not been in existence at the time of the ±¬ÁÏÍøAT Judgment. The ±¬ÁÏÍøAT also noted that the document had not been decisive in reaching a decision in the appeal and, for this reason, the application was an attempt to re-litigate the appeal. The ±¬ÁÏÍøAT concluded...

The ±¬ÁÏÍøAT held that Mr. Kankwenda, a late participant in the ±¬ÁÏÍøJSPF, married another individual, Ms. M.T., in the Democratic Republic of Congo (DRC) in 1971. This fact, which Ms. Isasi herself did not contest, was supported by a marriage certificate and was consistent with the information regarding the dates of birth of Mr. Kankwenda¡¯s children and the identities of their mothers. The ±¬ÁÏÍøAT highlighted that Ms. Isasi admitted that the two marriage certificates she submitted after Mr. Kankwenda¡¯s death, purportedly showing their marriage on 17 January 1971, were falsified, undermining her...