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.
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;
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;
