Pension (437, 438, 439, 458, 484, 962,-666)
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Keywords: Pension
Total judgments found: 120
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Judgment 4676
136th Session, 2023
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges EMBL’s refusal to guarantee that the survivor’s pension to which his wife will be entitled at the time of his death will be at least 35 per cent of his last salary; to award him a children’s allowance for each of his wife’s three children from her previous marriages; and to verify that his current pension was properly calculated.
Judgment keywords
Keywords:
child's benefit; complaint dismissed; pension; survivor's benefit;
Judgment 4563
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to award him an invalidity allowance instead of an invalidity pension.
Consideration 12
Extract:
According to the Tribunal’s case law, a rule which concerns a long-term issue (such as pensions which last the remainder of the employees’ lifetimes) may be modified throughout the years. The changes in circumstances which may require the rule to be amended must be reasonable and the changes have to balance the interests of the employees and the Organisation. The interest of current and future employees who are not currently affected by the rule but shall be in the future is also to be taken into account by the Organisation. The question of the sustainability of pension schemes must be a primary concern to the Organisation and as such may naturally require adjustments to be made to the norm regulating pension schemes over time.
Keywords:
cause of action; general decision; pension;
Judgment 4554
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision deriving from the Administrative Council’s decision CA/D 2/15 to require the recipients of the new retirement pension for health reasons to cease performing gainful activities or employment or to refrain from performing such activities or employment.
Consideration 7
Extract:
[T]he Tribunal [...] notes that, although the file shows that [...] the EPO sent the complainant tables showing the method used to calculate his pension, it cannot be considered, as the Organisation submits, that the complainant’s request for information has thereby become moot, particularly since the tables were not accompanied by any explanations in words and, moreover, they were expressly presented as being only provisional. If the complainant were to continue to wish for additional information concerning the method used to calculate his pension, the Organisation should, under its duty to provide information and its duty of care, endeavour to meet his expectations, provided, at least, that they are formulated with sufficient clarity (see, on this point, Judgment 3963, consideration 2).
Reference(s)
ILOAT Judgment(s): 3963
Keywords:
disclosure of evidence; duty of care; duty to inform; pension;
Judgment 4498
134th Session, 2022
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to reject his claim concerning a surviving spouse’s pension.
Judgment keywords
Keywords:
complaint dismissed; pension; survivor's benefit;
Consideration 10
Extract:
The Tribunal observes that the principle stated in Judgment 3876 is that there is not an acquired right to a surviving spouse’s pension in the event of marriage after retirement, given that the possibility for a spouse whom the official married after her or his retirement to benefit from a surviving spouse’s pension does not fulfil the condition of a fundamental and essential term of employment. This principle is applicable regardless of the amount of the premium. Indeed, if there is no acquired right, the amount of the premium is irrelevant, since it only concerns the purchase of a “new right” under Article II 5.09. Its rate in no case infringes an acquired right, so the criteria adopted to set the premium cannot be challenged with arguments regarding acquired rights.
Reference(s)
ILOAT Judgment(s): 3876
Keywords:
acquired right; pension; spouse; survivor's benefit;
Consideration 23
Extract:
[I]t can be inferred from the Tribunal’s case law (see Judgment 3538, considerations 11 to 15) that, where the impugned decision is based on the opinion of an expert – as it is, in the present case, the Actuary – the complainants cannot merely submit their divergent analysis in order to refute that opinion. They should rather provide “evidence from authorities of equivalent weight”. Only such evidence might potentially be apt to demonstrate the possible flaws in the expert opinion underpinning the impugned decision. In the present case, the complainant’s arguments against the methodology adopted by the Actuary are not supported by any expert opinion of equivalent weight.
Reference(s)
ILOAT Judgment(s): 3538
Keywords:
actuarial valuation; expert inquiry; methodology; pension;
Consideration 13
Extract:
The Tribunal reaffirms that the loss of pension following the payment of the premium is adequately balanced by the benefits that can be acquired with the procurement of a surviving spouse’s pension for a number of years potentially widely exceeding the remaining duration of the retirement pension.
Keywords:
pension; survivor's benefit;
Consideration 27
Extract:
Disparity of treatment is unlawful only where equal situations in fact and in law are treated in a different way. The principle of equality requires that persons in the same position in fact and in law must be treated equally (see Judgment 4423, consideration 15). The Tribunal’s case law states that allegations of discrimination and unequal treatment can lead to redress on condition that they are based on precise and proven facts, that establish that discrimination has occurred in the subject case (see Judgment 4238, consideration 5). Discrimination cannot be established unless it is proven that staff members in identical situations were treated differently (see Judgment 4101, consideration 9).
The situation of the beneficiaries of the Fund who get married, or remarried, after retirement, is not equivalent to the situation of beneficiaries who get married before retirement. Similarly, the situation of a person who marries a retired beneficiary of the Fund is not equivalent to the situation of a person who married a member of the Fund before their retirement.
Reference(s)
ILOAT Judgment(s): 4101, 4238, 4423
Keywords:
discrimination; equal treatment; pension;
Consideration 16
Extract:
[I]t must be taken into account that a calculation methodology of premiums in a pension scheme is a technical matter, subject to change, that cannot be dealt with once and forever in a law; it is therefore lawful that the Rules do not directly provide for a methodology, but refer to administrative bodies responsible for adopting the methodology.
Keywords:
methodology; pension;
Consideration 5
Extract:
[T]he possibility for a spouse whom the official has married after her or his retirement to benefit from a surviving spouse’s pension cannot be viewed as a fundamental and essential term of employment within the meaning of Judgment 832.
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; pension; spouse; survivor's benefit;
Judgment 4422
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants are former permanent employees of the European Patent Office who challenge their January 2014 and subsequent payslips showing an increase in their pension contributions.
Consideration 8
Extract:
Regarding the complainants’ subsidiary requests to order that decision CA/D 10/13 be no longer applied and that the EPO be ordered to apply the previous wording of the Pension Scheme Regulations, the effect of the Tribunal’s case law is that, if it is found that general decision CA/D 10/13 and the individual implementing decisions deducting the new pension contribution rate from the complainants’ relevant payslips are unlawful, the Tribunal can set aside the individual decisions and may grant consequential relief (see, for example, Judgment 2793, consideration 13, and the case law cited therein). However, if they are found to be lawful, it is not the Tribunal’s role to order that decision CA/D 10/13 be no longer applied and that the EPO be ordered to apply the previous wording of the Pension Scheme Regulations that governed their pension contribution rate (see Judgment 3538, consideration 5).
Reference(s)
ILOAT Judgment(s): 2793, 3538
Keywords:
general decision; pension; relief claimed;
Judgment keywords
Keywords:
complaint dismissed; pension;
Considerations 14-15
Extract:
In considerations 14 and 15 of Judgment 3538, the Tribunal stated that a decision to increase the pension contribution rate may be challenged if a complainant provides evidence from an expert in the field of actuarial studies to demonstrate flaws in the methodology used in the actuarial study and that, in any event, even if a complainant provides such expert evidence it would not necessarily follow that the decision of the Administrative Council or the implementation decision to deduct the higher pension contribution rate from a complainant’s payslip would be unlawful. This, as the Tribunal stated in Judgment 3538, consideration 15, is because “[t]he power clearly vested in the Administrative Council to alter the pension scheme can be exercised lawfully if it represents a bona fide attempt to secure the pension scheme into the future [...] based on what appears to be reasoned actuarial advice”.
Acknowledging the requirement that they had to provide evidence from an expert to demonstrate flaws in the methodology used in the actuarial study, the complainants state that they delivered “a full mathematical proof” in the internal appeal procedures, which is still valid, casting doubt upon the Actuarial Advisory Group’s recommendations. However, they state that they did not file their calculations in the Tribunal proceedings because they would be ignored. Critically, they have not provided evidence from an expert to demonstrate flaws in the methodology used in the underlying actuarial study. Their arguments in the present proceedings that the actuaries fully relied upon the materials provided by one party to the proceedings (the EPO) and that the Actuarial Advisory Group had to accept all the boundary conditions imposed by the EPO, such as a politically pre-determined interest rate and politically pre-determined size of the Reserve Fund for Pensions and Social Security, which results in staff members paying pension contribution rates that are too high, do not obviate their need to provide expert evidence of the nature the Tribunal outlined in Judgment 3538.
Reference(s)
ILOAT Judgment(s): 3538
Keywords:
actuarial valuation; expert inquiry; pension;
Judgment 4280
130th Session, 2020
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to grant him a retirement pension.
Judgment keywords
Keywords:
complaint dismissed; pension;
Judgment 4278
130th Session, 2020
International Bureau of Weights and Measures
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint, who is in receipt of a retirement pension since October 2006, challenges two decisions of the International Committee for Weights and Measures, and impugns his “pay slip” for January 2018.
Judgment keywords
Keywords:
complaint dismissed; pension;
Judgment 4277
130th Session, 2020
International Bureau of Weights and Measures
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who has been receiving a retirement pension since 1 December 2017, impugns her “pay slip” for January 2018.
Judgment keywords
Keywords:
complaint dismissed; pension;
Consideration 20
Extract:
As the Tribunal recalled in Judgment 3538 (under 15), the power clearly vested in the competent authority to alter the pension scheme can be exercised lawfully if it represents a bona fide attempt to secure the pension scheme into the future and is based on what appears to be properly reasoned actuarial advice.
Reference(s)
ILOAT Judgment(s): 3538
Keywords:
actuary; good faith; pension; sustainability;
Consideration 21
Extract:
[T]he complainant submits that the freezing of the pension point breaches the principle of equality by creating inequality between retired and serving staff members. Reference must be made to the Tribunal’s consistent precedent that the principle of equal treatment requires, on the one hand, that officials in identical or similar situations be subject to the same rules and, on the other, that officials in dissimilar situations be governed by different rules defined so as to take account of this dissimilarity (see, for example Judgments 1990, under 7, 2194, under 6(a), 2313, under 5, or 3029, under 14, 3787, under 3, and 3900, under 12). Retired staff members are not in the same position as serving staff members, and the difference in their treatment relates to this difference in situation. The Tribunal is therefore satisfied that the principle of equality has not been breached here.
Reference(s)
ILOAT Judgment(s): 1990, 2194, 2313, 3029, 3787, 3900
Keywords:
equal treatment; pension; unequal treatment;
Consideration 16
Extract:
With regard to the decisions concerning pensions, the Tribunal points out that the staff members of international organisations are not entitled to have all the conditions of employment or retirement laid down in the provisions of the staff rules and regulations in force at the time of their recruitment applied to them throughout their career and retirement. Most of those conditions can be altered during or after an employment relationship as a result of amendments to those provisions (see Judgment 3876, consideration 7).
Of course, the position is different if, having regard to the nature and importance of the provision in question, a complainant has an acquired right to its continued application. However, according to the case law established in Judgment 61, clarified in Judgment 832 and confirmed in Judgment 986, the amendment of a provision governing an official’s situation to her or his detriment constitutes a breach of an acquired right only when such an amendment adversely affects the balance of contractual obligations, or alters fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced her or him to stay on. In order for there to be a breach of an acquired right, the amendment to the applicable text must therefore relate to a fundamental and essential term of employment within the meaning of Judgment 832 (in this connection see also Judgments 2089, 2682, 2986 or 3135).
Reference(s)
ILOAT Judgment(s): 2089, 2682, 2986, 3135, 3876
Keywords:
acquired right; pension;
Considerations 17-18
Extract:
The complainant alleges a breach of the principle, upheld in the Tribunal’s case law, that the methodology chosen by an organisation to set salary adjustments for its staff must ensure “stable, foreseeable and clearly understood” results. That principle applies both to the remuneration of international civil servants and their retirement pensions (see Judgments 1821, under 7, and the judgments cited therein, and 2793, under 20). In support of this plea, she submits that there were four successive reforms in a period of only eight years, that the Organisation exercises its discretion without adequate safeguards and that the actuarial report contains blatant errors.
As the Tribunal recalled in Judgment 4134 (under 26), the requirement that the results must be stable, foreseeable and clearly understood or transparent does not mean a salary regime is fixed once and for all and is incapable of change (see Judgment 1912, under 14), or that this requirement excludes reasonable variations in the results yielded (see Judgment 3676, under 6). Moreover “a methodology cannot be applied without a degree of flexibility and without leaving some room for interpretation by the competent authority, which [is] entitled to take into account the imbalances generated by past applications of the adopted methodology in order to try to attenuate the effects thereof” (see Judgment 2420, under 15).
Reference(s)
ILOAT Judgment(s): 1821, 1912, 2420, 2793, 3676, 4134
Keywords:
methodology; pension; salary;
Judgment 4059
127th Session, 2019
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to affiliate her to the United Nations Joint Staff Pension Fund.
Judgment keywords
Keywords:
complaint dismissed; pension; unjspf;
Judgment 4057
127th Session, 2019
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reduce her pension on the basis of a reduction of the consumer price index.
Judgment keywords
Keywords:
complaint dismissed; pension; pension adjustment system;
Consideration 3
Extract:
A consumer price index is typically a measure of movements from time to time in the prices of a basket of goods or services, usually relative to a base point established some time earlier. While often, historically, those movements have been upwards (that is, increasing relative to the base point), the very nature of the index will mean there will be downward movements at times of deflation when the price of the basket of goods and services tends towards the base point. The language of Article 32(b), and in particular the word “adjusted”, makes clear that the retirement benefits will be adjusted upwards or downwards (and potentially remain constant) depending on the movement in the Swiss consumer price index.
Keywords:
consumer price index; cost-of-living increase; pension; pension adjustment system;
Consideration 5
Extract:
The Tribunal has, in its case law, spoken of pensions being “deferred pay” and stated that because “pensions are subject to the same basic rules as pay, a method establishing the terms of adjusting the pensions paid to the retirees of an organisation is to be considered as being governed by the same requirements” (see Judgment 2793, consideration 20). This was a reference to the need that any methodology adopted to determine staff members’ salary adjustments must result in stable, foreseeable and clearly understood results. [...] The principles governing the adjustments to salary also include the Noblemaire principle which, additionally, applies to pension benefits (see Judgment 986, consideration 7).
Reference(s)
ILOAT Judgment(s): 986, 2793
Keywords:
noblemaire principle; pension; pension adjustment system; pension entitlements; salary;
Consideration 6
Extract:
The Tribunal’s case law does not establish a principle that there can never be a downward adjustment of pensions (that there can be such downward adjustments is apparently accepted by the complainant in her rejoinder) and indeed there is a theme in the case law that it is entirely appropriate to have, in the rules governing pension funds, a provision to preserve the purchasing power of the pension, to protect staff members from “the adverse repercussions of a rise in the cost of living on their purchasing power and hence in theory to maintain the standard of living their pension initially secured for them” (see Judgment 2615, consideration 6). As a matter of logic and fairness, this approach would justify a reduction in pensions in the face of falling costs of living.
Reference(s)
ILOAT Judgment(s): 2615
Keywords:
adjustment; pension; pension adjustment system; pension entitlements;
Consideration 7
Extract:
Moreover a salary, at base, is to reward specified work. A pension, at base, is to provide an income stream to a pensioner to maintain a particular standard of living during retirement.
Keywords:
pension; salary;
Judgment 4037
126th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of her temporary appointment.
Consideration 11
Extract:
The Tribunal observes that, in this case, the complainant objects to the fact that the Organization did not allow her to reach the five years of contributions that would have entitled her to draw a retirement pension from the UNJSPF. However, as the Tribunal has already stated, an international organisation’s duty of care towards its officials does not compel it to extend an official’s appointment for the sole purpose of enabling her or him to draw a pension from the UNJSPF (see, for a comparable case, Judgment 3874, under 14).
Reference(s)
ILOAT Judgment(s): 3874
Keywords:
duty of care; pension; unjspf;
Judgment 3876
124th Session, 2017
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant requests the payment, after his death, of a pension for a surviving spouse to his wife and of an orphan’s pension to two children of whom he claims to be the biological father. He also claims allowances for dependent children.
Judgment keywords
Keywords:
acquired right; complaint dismissed; pension;
Judgment 3874
124th Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims that he has been deprived of his pension rights.
Consideration 10
Extract:
[The complainant's] argument that it was in the Organization’s interests to extend his appointment and allow his pension rights to become vested rather than to appoint another staff member to replace him is untenable. As pointed out in the Organization’s submissions, [the Organization] would incur an indirect cost by extending his appointment, so not only would the extension of his appointment not be in the interests of the Organization, but it could reasonably be against its interests.
Keywords:
pension;
Judgment keywords
Keywords:
complaint dismissed; pension; unjspf;
Judgment 3859
124th Session, 2017
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decision adopted by the ICC Assembly of States Parties, reaffirming its earlier decision that the amended Pension Scheme Regulations apply to them.
Judgment keywords
Keywords:
complaint allowed; decision quashed; pension;
Judgment 3676
122nd Session, 2016
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests a modification in the exchange rate averaging methodology for the calculation of his pension contributions.
Judgment keywords
Keywords:
complaint dismissed; exchange rate; pension;
Judgment 3571
121st Session, 2016
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges Eurocontrol’s refusal to convert his limited-term appointment into an appointment for an undetermined period and the reduction of the basis for calculating his contributions to the Pension Scheme to reflect his actual working time.
Judgment keywords
Keywords:
complaint allowed; conversion of contract; decision quashed; pension;
Judgment 3538
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge their April 2007 payslip showing an increase in their pension contributions.
Judgment keywords
Keywords:
complaint allowed; contribution rate; contributions; increase; joinder; pension;
Judgment 3428
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants unsuccessfully challenge decisions that were not followed by individual implementing decisions.
Judgment keywords
Keywords:
complaint dismissed; pension; receivability of the complaint;
Judgment 3427
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants unsuccessfully challenge a series of decisions concerning pension issues, those being decisions of general application.
Judgment keywords
Keywords:
complaint dismissed; pension;
Judgment 3426
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenged decisions relating to tax adjustment for EPO pensioners, but the Tribunal found that those decisions had not caused them any injury.
Judgment keywords
Keywords:
cause of action; complaint dismissed; pension;
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