Pension (437, 438, 439, 458, 484, 962,-666)
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Keywords: Pension
Total judgments found: 120
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Judgment 3359
118th Session, 2014
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants, former judges of the ICC, impugn the implied decision of the Assembly of States Parties not to determine to which Pension Scheme they were subjected.
Judgment keywords
Keywords:
complaint allowed; pension;
Judgment 3300
116th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint filed against the decision not to consider the complainant's disability as resulting from an occupational disease.
Judgment keywords
Reference(s)
Organization rules reference: Articles 89(3), 89(4) and 90(1) of the Service Regulations
Keywords:
complaint dismissed; disability benefit; invalidity; medical board; medical opinion; order; pension; procedural flaw; service-incurred; staff regulations and rules;
Judgment 3213
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to grant her a survivor's pension for her dead husband.
Consideration 7
Extract:
"International organisations have a duty of care towards their employees and must provide clear rules and regulations as well as clarifications of such when requested, but they cannot be solely responsible for every situation stemming from confusion regarding said rules. Employees are also charged with the duty to inform themselves, and to request clarification when necessary so that the system can work efficiently to the best advantage of both the Organisation and the staff members either as a group or individually (see, for example, Judgment 2997, under 6)."
Reference(s)
ILOAT Judgment(s): 2997
Keywords:
duty of care; organisation's duties; pension; pension entitlements; staff member's duties; staff regulations and rules;
Consideration 9
Extract:
"The Tribunal [...] does not have the power to award pensions outside of the Pension Scheme Regulations, nor is it appropriate for the Organisation to award a recurring “gift” under Article 87 of the Service Regulations, mirroring a pension."
Reference(s)
Organization rules reference: Article 87 of the Service Regulations
Keywords:
competence of tribunal; pension; pension entitlements;
Judgment 3153
114th Session, 2013
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant applies for interpretation and execution of Judgment 2861.
Consideration 6
Extract:
"As the complainant was not reinstated, her employment relationship with WMO ended on 3 November 2006 and with her separation from service, her right to participate in the UNJSPF ended (see Judgments 1338, 1797 and 1904). Further, as also stated in Judgment 2621 under 5, 'had it been its intent the Tribunal would have specifically ordered the payment of an amount equivalent to the pension fund contributions that would otherwise have been paid by the [organisation]'."
Reference(s)
ILOAT Judgment(s): 1338, 1797, 1904, 2621, 3061
Keywords:
application for execution; application for interpretation; case law; contribution rate; contributions; judgment of the tribunal; organisation's duties; pension; reinstatement; unjspf;
Judgment keywords
Keywords:
application for execution; application for interpretation; complaint dismissed; contribution rate; contributions; pension; unjspf;
Judgment 3147
113th Session, 2012
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint dismissed; pension; unjspf;
Judgment 3134
113th Session, 2012
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
[T]he loss sustained by the complainant consists of the difference between the payments which the UNJSPF would have made to him when he reached retirement age, if the Provident Scheme had transferred his accumulated entitlements to the Fund, and the benefits which the Fund will actually pay to him at that time. This loss has to be compensated by means of an indemnity corresponding to the capitalised amount of the supplementary pension which the complainant may have secured with an independent provident institution [...].
Keywords:
material damages; pension;
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; pension; transfer of pension rights;
Judgment 3117
113th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; pension; transfer of pension rights;
Judgment 3034
111th Session, 2011
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
Although the Tribunal has already had occasion to state that international organisations must respect their officials’ property rights (see Judgment 2292, under 11), this plea will not succeed in the instant case. The complainants’ pension benefits probably do not equate exactly to the capital of their transferred rights, but this situation, which is inherent in the functioning of every social insurance scheme, is in itself by no means abnormal, provided of course that any losses suffered by the persons concerned remain minimal. There is no evidence to show that the conditions on which the pensionable years credited to the complainants were calculated result in non-compliance with this requirement, even though they are indeed less favourable than those provided for under the previous rules. Moreover, it would in any case be difficult to tax the Agency with thus despoiling its officials, as it must be emphasised that the transfer of pension rights acquired with a national pension scheme is no more than an option available to them, which they are free not to use if they prefer to maintain their pension rights as they stand under their original scheme.
Reference(s)
ILOAT Judgment(s): 2292
Keywords:
pension; property rights;
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; pension;
Judgment 2997
110th Session, 2011
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Request for the transfer of pension contributions paid into national insurance schemes.
"The Tribunal considers that EMBL fulfilled its duty of care towards its staff by hosting several information sessions, publishing circulars and other documents, and by offering staff members several opportunities to meet with pension experts in order to inform themselves with regard to their pension rights. It is the responsibility of the staff to avail themselves of any information provided and to seek out clarification as needed for their particular situation."
Keywords:
duty of care; organisation's duties; pension; pension entitlements; staff member's duties;
Judgment 2877
108th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"In Judgment 2875, [...] which raises the same issue in substance as the present case, the Tribunal held that, to the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]. Although the complainants in this case have not based their arguments on the Pension Scheme Regulations, the rulings in considerations 6 to 10 of that judgment are equally applicable to their complaints."
Reference(s)
ILOAT Judgment(s): 2875
Keywords:
advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;
Judgment 2876
108th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
In their capacity as staff representatives, the complainants challenged the Administrative Council's decision to introduce a new specimen contract for Vice-Presidents without prior consultation with the General Advisory Committee.
"In Judgment 2875, [...] which raises the same issue in substance as the present case, the Tribunal held that, to the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]. Although the complainants in this case have not based their arguments on the Pension Scheme Regulations, the rulings in considerations 6 to 10 of that judgment are equally applicable to their complaints."
Reference(s)
ILOAT Judgment(s): 2875
Keywords:
advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;
Judgment 2875
108th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
In their capacity as members of the General Advisory Committee, the complainants challenged the Administrative Council's decision to introduce a new specimen contract for Vice-Presidents without prior consultation with the General Advisory Committee.
"[T]o the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]."
Reference(s)
Organization rules reference: Article 10(2) Pension Scheme Regulations; Articles 1(5) and 38(3) Service Regulations for Permanent Employees of the European Patent Office
Keywords:
advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;
Judgment 2832
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant seeks to have his retirement pension recalculated on a different basis.
"[T]he Tribunal finds that it has no jurisdiction in any event to award him such redress."
Keywords:
claim; competence of tribunal; pension; reckoning; refusal;
Judgment 2782
106th Session, 2009
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
In order to execute Judgment 2560 the Organisation paid salary arrears not only to the officials who had filed the complaints that led to that judgment, but also to all other members of staff and to all former members of staff in receipt of a retirement pension.
"It is not disputed that only the parties to the proceedings leading to the delivery of Judgment 2560 could seek its enforcement. But this does not mean that that judgment remains without effect for staff members who, although they did not participate in those proceedings, are de facto in a situation identical to that of colleagues who did. It is clear from Judgment 2560 that the Organisation breached the provisions of the Staff Regulations by not taking any measure to adjust salaries and pensions for the period under consideration. Staff members who were not party to the proceedings are entitled, for the same reasons as those stated in the judgment, to receive the salary arrears paid to the staff members who participated in those proceedings, provided that they are in the same situation.
Consequently, in deciding to extend the scope of Judgment 2560 to all serving or retired members of staff, the Organisation [...] perform[ed] a legal obligation."
Reference(s)
ILOAT Judgment(s): 2560
Keywords:
adjustment; breach; complainant; effect; execution of judgment; grounds; limits; organisation's duties; payment; pension; purport; res judicata; retirement; right; salary; same cause of action; staff regulations and rules;
Judgment 2768
106th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The principle of good faith and the concomitant duty of care demand that international organisations treat their staff with due consideration in order to avoid causing them undue injury; an employer must consequently inform employees in advance of any action that may imperil their rights or harm their rightful interests (see Judgment 2116, under 5). This duty of care is greater in a rather opaque or particularly complex legal situation. [...] When the complainant took up employment with the Office it had been possible, for at least a year, to obtain the transfer of pension rights from the USS to the Office's pension scheme. But it is clear from the file that the applicable rules were so complex that a mere perusal of the documentation would not enable employees to understand them fully. Furthermore, the Administration and staff members were still largely unfamiliar with the possibility of transferring pension rights. In the light of these particular circumstances, the Office's duty to inform could not be confined to merely handing the applicable texts to the staff members concerned by a possible transfer. This duty demanded that the Office, having obtained such information as was necessary, should draw to the attention of the staff members concerned the possibility of obtaining a transfer of pension rights and should inform them of the procedure to be followed."
Reference(s)
ILOAT Judgment(s): 2116
Keywords:
duty of care; duty to inform; good faith; organisation's duties; participation; pension; pension entitlements; respect for dignity; staff member's interest; staff regulations and rules; transfer of pension rights;
Judgment 2721
105th Session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The Tribunal again emphasises that it is essential that both salaries and pensions be paid punctually and in full, if only on account of the precise commitments which beneficiaries may have to honour on a daily basis (see Judgment 2381, under 3)."
Reference(s)
ILOAT Judgment(s): 2381
Keywords:
application for execution; organisation's duties; payment; pension; salary;
Judgment 2633
103rd Session, 2007
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Where a decision to introduce a new pension scheme is taken on grounds of financial necessity, such as the need to address the rising cost of pensions, the Tribunal cannot consider it to be invalid merely because it leads to a situation that is less favourable to employees."
Keywords:
amendment to the rules; budgetary reasons; decision; decision quashed; grounds; increase; injury; judicial review; official; organisation's interest; pension; pension adjustment system;
Judgment 2632
103rd Session, 2007
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"[T]he complainants assert that their acquired rights were breached because the Agency abandoned a practice, applied to them from 1 January to 30 June 2005, involving the application to pensions of the same weightings as were applied to the remuneration of serving officials. But a practice of salary and pension adjustment, even where repeated, does not bind the Organisation that adopted it, which is at liberty to abandon it provided that it does so lawfully (see in this connection Judgment 2089). As for acquired rights, they could not be held to have been breached unless the contested reform impaired a fundamental and essential term of the complainants' conditions of appointment, which include the right to a pension (see aforementioned Judgment 2089 and the case law cited therein). This is clearly not the case here."
Reference(s)
ILOAT Judgment(s): 2089
Keywords:
acquired right; adjustment; amendment to the rules; breach; condition; cost-of-living weighting; discretion; enforcement; formal requirements; injury; organisation's duties; pension; pension adjustment system; pension entitlements; practice; salary; terms of appointment;
Judgment 2615
102nd Session, 2007
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Of course the Tribunal realises that this decision imposes a particular sacrifice on the beneficiaries of a retirement
pension. But in view of the short-term nature of this sacrifice, its relatively limited scope, a reference rate of inflation of 1.7 per cent and the fact that it forms part of a package of measures, the Tribunal cannot hold that in adopting such a measure the CERN Council abused the discretion it must be allowed in deciding whether to adjust pensions in the light of the financial capacity of the Pension Fund over which it exercises supreme authority.
Keywords:
discretion; pension; pension adjustment system;
Judgment 2527
101st Session, 2006
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"Article 12(1) of the Pension Regulations allowed the transfer of pension rights acquired by employees under a pension scheme prior to joining the Office only 'provided that that scheme allow[ed] such transfers to be made'. In the present case, it appears from the submissions that the INPS has not yet accepted the transfer to the EPO of pension rights acquired by employees who, like the complainant, were affiliated to the Italian state pension scheme. However regrettable it may be that employees of the Office in the position of the complainant are left at a disadvantage, the Office cannot be blamed for not amending the provisions of Article 12 at the risk of having to bear the costs of the transfer: the consent of the Italian authorities is clearly necessary before any such transfer can take place.
Nevertheless, the Organisation must not have shown negligence or ill will in submitting the problem raised by the complainant to the Italian authorities. It emerges from the submissions, however, that the Italian authorities were approached unsuccessfully in 1992 and 1998 and [again in] 2004 [...]. The Organisation cannot therefore be accused of having 'blocked' the situation and the complainant is not justified in deeming its conduct to be unlawful."
Reference(s)
Organization rules reference: Article 12(1) of the Pension Regulations
Keywords:
amendment to the rules; equal treatment; member state; negligence; organisation's duties; pension; pension entitlements; staff regulations and rules; transfer of pension rights;
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