Pension (437, 438, 439, 458, 484, 962,-666)
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Keywords: Pension
Total judgments found: 120
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Judgment 863
63rd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 866, consideration 5.
Reference(s)
Organization rules reference: ARTICLE 48 OF THE UNITED NATIONS JOINT STAFF PENSION FUND
ILOAT Judgment(s): 866
Keywords:
competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Article 3.1.1.2 of the ILO Staff Regulations provides for periodic adjustments to pensionable remuneration. The application of this regulation was suspended effective 1 April 1985. The complainants argue that the absence of an adjustment on 1 April 1986 breaches their acquired rights. "The complainants say they cannot put a figure on the loss sustained but they submit a table showing losses that range from 13 to 39 per cent according to grade. The table does not distinguish between loss due to the measures of which the Tribunal was informed in the earlier proceedings - and which it declared lawful - and loss alleged to be due to the failure to revise the scale on 1 April 1986. So in any event the Tribunal cannot but endorse its ruling in Judgment 832 under 16." The complaints are dismissed.
Reference(s)
Organization rules reference: ARTICLE 3.1.1.2 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 832
Keywords:
acquired right; adjustment; amount; breach; date; difference; enforcement; grade; injury; pension; pension entitlements; pensionable remuneration; provision; reckoning; res judicata; staff regulations and rules; subsidiary; suspensive action;
Consideration 8
Extract:
Vide Judgment 866, consideration 5.
Reference(s)
Organization rules reference: ARTICLE 48 OF THE UNITED NATIONS JOINT STAFF PENSION FUND
Keywords:
competence; competence of tribunal; fund regulations; iloat statute; pension; remand; unat;
Judgment 838
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants object to the FAO's adoption of a new scale to determine pensionable remuneration whose effect was to lower their pension entitlements. They submit that the application of certain provisions in the Staff Regulations and Staff Rules is in breach of their acquired rights and the rule against retroactivity. "Their complaints will [...] be receivable only if the application of those Regulations and Rules [causes] them injury. The Tribunal concludes from the material rules that it does not."
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 837
62nd Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 838, summary.
Reference(s)
ILOAT Judgment(s): 838
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 836
62nd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 838, summary.
Reference(s)
ILOAT Judgment(s): 838
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 835
62nd Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 838, summary.
Reference(s)
ILOAT Judgment(s): 838
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 834
62nd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 838, summary.
Reference(s)
ILOAT Judgment(s): 838
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
As a result of the adoption of a new scale of pensionable remuneration, Article 3.1.1 of the ILO Staff Regulations was amended. "The complainants' case does not rest on breach of any term of their contracts or of any provision of the Staff Regulations. What they are saying is that as applied to them Article 3.1.1 of the Regulations impairs their acquired rights. Their complaints will therefore be receivable if the application of 3.1.1 does cause them injury."
Reference(s)
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; cause of action; competence of tribunal; condition; enforcement; general decision; individual decision; injury; pension; pensionable remuneration; provision; receivability of the complaint; scale; staff regulations and rules;
Consideration 15
Extract:
"The reckoning of the pension depends on such factors as the cost of living, currency rates and rates of tax in the country of the pensioner's residence. Those are variables that may preclude the creation of acquired rights. The financial plight of the fund has over the years become alarming."
Keywords:
acquired right; cost-of-living increase; effect; exchange rate; pension; pension entitlements; reckoning; tax; unjspf;
Consideration 16
Extract:
While rejecting the complainants' plea of breach of acquired rights regarding their pensions, the Tribunal holds that "they may ask the ILO to accept restraint in its dealings with staff. An international organisation should refrain from any measure which is not warranted by its normal functioning or the need for competent staff. It is bound by the general principles of law such as equality, good faith and non-retroactivity. It will act from reasonable motives and avoid causing unnecessary or undue injury."
Keywords:
acquired right; decision; grounds; international civil service principles; organisation's duties; pension;
Judgment 742
58th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Where a provision of the Staff Regulations is amended the Tribunal may order the organisation to apply the old text rather than the new one. Likewise, where provisions of the Staff Regulations are replaced by clauses of an international agreement, the Tribunal may order the organisation to apply the former instead of the latter. The Tribunal is therefore competent."
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; pension; provision; staff regulations and rules;
Judgment 741
58th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Vide Judgment 742, consideration 7.
Reference(s)
ILOAT Judgment(s): 742
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; pension; provision; staff regulations and rules;
Judgment 546
50th Session, 1983
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
It was agreed that the complainant's contractual relations would cease. The agreement was closer to dismissal than to resignation, the only two possibilities under the material rules. The organisation has no discretion in the matter and could not decide what it thought was equitable. The complainant is entitled to payment of separation benefit at the prescribed dismissal rate and to interest at 5 per cent from the date on which the complaint was filed and costs.
Keywords:
agreed termination; applicable law; no provision; pension; termination of employment; withdrawal settlement;
Judgment 514
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is unnecessary here to consider to what extent [an administration] directive can confer on the staff member a contractual right capable of being enforced by the Tribunal. Assuming that it can, and that in this case it does, the reasoning in paragraph 7 of Judgment No. 426 would apply to prevent it from being an acquired right." Judgment 426 states that an official is given an acquired right to fundamental benefits only. Reimbursement of tax on lump-sum payments from the pension fund may not be construed as a fundamental benefit.
Reference(s)
ILOAT Judgment(s): 426
Keywords:
acquired right; administrative instruction; contract; lump-sum; pension; refund; tax;
Judgment 473
47th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The request to repay pension contributions, made on the basis of a new national law, "runs counter to the express provisions of the Staff Regulations. To qualify under the provisions relating to the repayment of contributions, the transfer must be made when the official becomes established". The complaint is time-barred. Municipal law "cannot in itself give rise to rights enforceable against an international organisation nor retroactively lay obligations on it."
Keywords:
applicable law; domestic law; pension; pension entitlements; request by a party; staff regulations and rules; validation of service;
Judgment 470
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
The applicable provision "does not state that the official whose post has been abolished shall be entitled to full compensation for the prejudice he has suffered. Instead it contains a schedule setting out the lump sums to be paid in compensation scaled according to years of service." As to the loss of pension rights, the material provision "does not grant the official who has lost his post any compensation over and above that which is prescribed in the schedule".
Reference(s)
Organization rules reference: ARTICLE 1050.4 F THE PAHO STAFF RULES
Keywords:
abolition of post; material damages; pension; pension entitlements; reduction of salary; scale;
Judgment 454
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The question is whether a citizen of the United States who has been employed by an international organisation and who on retirement has elected to take part of the pension due to him in the form of a lump sum is entitled to be reimbursed by the organisation for the tax levied by the government of the United States on the lump-sum payment. He is not so entitled; see Judgment No. 426.
Reference(s)
ILOAT Judgment(s): 426
Keywords:
commutation; lump-sum; pension; refund; tax;
Judgment 445
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was first employed under various contracts with the organization before becoming an official. His several periods of service were made pensionable with the exception of a few months spent working as a consultant. In accordance with the Staff Rules, consultants who are appointed for periods not greater than eleven months are barred from participating in the Pension Fund. Up to 1972, periods of consultancy service could not be validated for Pension Fund purposes. The complainant's services as a consultant may not be counted as pensionable.
Keywords:
contract; external collaborator; pension; successive contracts; titularization; validation of service;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"When [the complainants] joined the staff they naturally took a keen interest in pension matters such as the amount of their contributions and of the pension itself, and perhaps they did acquire a right from the rules on such matters. But the rate of contribution by the [organisation] was a matter of lesser importance to them: its effect on their position was not direct enough for any acquired right to arise."
Keywords:
acquired right; contributions; organisation; pension; pension entitlements; terms of appointment; unjspf;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(B)
Extract:
The complainant's appointment was not renewed, that decision being contrary to the organization's interests. The Tribunal awards compensation in full based on the amount he would have earned through regular contract renewal. "The complainant asks also 'that the wrongful suspension from duty should not affect his pension rights.' The Tribunal is not competent to make an order in that form, but the complainant may claim compensation for loss or diminution of pension rights as for loss of salary and emoluments."
Keywords:
bias; competence of tribunal; contract; fixed-term; injury; material damages; non-renewal of contract; pension; pension entitlements; suspension;
Judgment 426
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The pension is not of course subject to a staff assessment(*), neither is it under the Convention [on the privileges and immunities of specialised agencies] exempted from national taxes."
(*) which is deducted from pay in lieu of tax
Keywords:
pension; staff assessment; tax;
Consideration 9
Extract:
The complainant claims reimbursement of the tax payable on a lump-sum payment from the pension fund. He relies on the principle of equality of treatment with two officials who had opted for a repayment of their own contributions and to whom the organisation reimbursed taxation payable in respect of those contributions. "The Tribunal considers that there is a categorical distinction between persons who elect to take a repayment of contributions and those who elect to take a lump-sum payment in part commutation of a pension; and that the principle of equality does not require the two categories to be treated in the same way."
Keywords:
commutation; contributions; equal treatment; lump-sum; pension; refund; tax;
Judgment 417
44th Session, 1980
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The Tribunal believes that the complainant was expressly excluded, by his contract of employment, from participation in the Pension Fund. An alteration in the contract could be made only by mutual consent. The Tribunal treats a letter addressed to the complainant as "an offer, which the organization was rightly confident would be accepted to remove the exclusion clause".
Keywords:
amendment to the rules; contract; offer; organisation; participation excluded; pension; unjspf;
Consideration 12
Extract:
The complainant received a form, summarising for the needs of the organisation the elements of his contract. The heading "Pensions" was marked "Not applicable". The complainant fulfilled the required conditions for participation in the fund; the Tribunal therefore considers that the expression in question could be justified only if participation was excluded by the contract. The existing contract was silent about pension rights. The expression is "only making explicit what is implied in the contract already executed."
Keywords:
contract; participation excluded; pension; unjspf;
Consideration 12
Extract:
A new provision as well as an [indirect] amendment to his contract allowed the participation of the complainant in a pension fund. He may not validate prior service because his earlier participation was specifically excluded under the terms of his contract of employment, such a situation having been provided for by the material provisions.
Keywords:
amendment to the rules; contract; participation; participation excluded; pension; unjspf; validation of service;
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