Pension (437, 438, 439, 458, 484, 962,-666)
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Keywords: Pension
Total judgments found: 120
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Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant contends that he is the victim of discriminatory treatment concerning his pension. But he receives a compensatory allowance to make good the reduction in salary. Even if the officials of the former organisation fare less well in one respect than other officials of the second organisation, they fare better in another. "Hence, insofar as it exists, the discriminatory treatment which the complainant alleges should be regarded as compensated."
Keywords:
compensatory allowance; compensatory measure; equal treatment; pension;
Judgment 366
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Someone who offers his services to an organisation may [...] be expected to give decisive importance to the provisions on his pension rights. any curtailment should therefore be regarded as affecting an acquired right."
Keywords:
acquired right; pension; pension entitlements; reduction of salary;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Vide Judgment 366, consideration 10.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
acquired right; pension; pension entitlements; reduction of salary;
Judgment 364
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"It is of course open to argument whether there is any duty upon the organization to give correct information in matters relating to a staff member's rights in the fund, and if so, whether the information given is correct or not. [...] But this is an issue [...] on which the Director-General has never [decided]. [...] It was one which called for a new decision." Insofar as it concerns this information, the complaint is receivable.
Keywords:
duty to inform; participation; pension; right; unjspf;
Judgment 360
41st Session, 1978
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant alleges that he received a promise from the Director of personnel [...] at the time of his appointment. There is no need to question that official, who has now retired, to establish that no such promise was made." It appears from the complainant's correspondence that he "merely discussed the question of acquisition of pension rights in the hope that the competent bodies would take a decision in his favour. No trace is to be found of any real promise. Had the complainant been given one, he would presumably have produced it."
Keywords:
evidence; lack of evidence; pension; pension entitlements; promise; terms of appointment; transfer of pension rights;
Judgment 358
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Although the Director is empowered to extend a staff member's appointment to the age of 65, he is in no case bound to do so. He may exercise that authority to allow an exception only in the interests of the [organisation], not in the exclusive interests of the staff member. In deciding on the complainant's case he would have to bear in mind the possibility that the complainant might obtain a pension, but that was only one fact to be taken into account among others."
Keywords:
age limit; contract; contributory service; discretion; extension beyond retirement age; organisation's interest; pension; retirement; staff member's interest;
Judgment 285
37th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"If, as the Tribunal believes, it is intended by [the material provision] that a pensioner should be paid in the currency of the country in which he "declares his home to be", the article should say so expressly. [...] It may well be considered desirable that he should have an option to change his country of residence and consequently the currency in which his pension is paid; if this is what is intended, the article should be limited to that."
Keywords:
currency of payment; interpretation; pension; residence; staff regulations and rules;
Considerations 5-6
Extract:
The complainant cannot be given the benefit of both the weighing factor and the present favourable rate of exchange. The organisation itself misunderstood the combined effect of the applicable provisions. Although the Tribunal criticises the imprecision of these texts, it rejects the complaint, which requests the maintenance of the old [mistaken] calculation that would have given the complainant a much more highly valued pension in local currency.
Keywords:
adjustment; currency of payment; exchange rate; pension;
Consideration 6
Extract:
"The Tribunal observes that for some years the organisation itself misunderstood the combined effect of [the] articles [in question]. This is not surprising since the relationship between them is obscure; if they are left as they are, others besides the complainant are likely to be misled."
Keywords:
currency of payment; difference; interpretation; pension; provision; staff regulations and rules;
Judgment 278
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The complaints are seeking to have quashed decisions whereby the Administrative Council [...] refused to revise the application to them of the staff pension scheme [...]. Thus what are being impugned are individual decisions, even though they are based entirely on a decision of a general character affecting all staff members."
Keywords:
adjustment; application for quashing; competence of tribunal; decision; executive body; general decision; individual decision; pension; pension adjustment system; receivability of the complaint; refusal;
Judgment 277
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The statement merely says that the Council has adopted a series of proposals the purpose of which is to bring the salary scales and related benefits in line with those applicable in the European Communities. "That is a mere statement of intent which did not imply any firm undertaking by the Institute and which consequently did not create rights upon which the staff may rely. Hence the complainant cannot rely upon that statement to support his claim to entitlement under the provisions applicable to the staff of the European Communities."
Keywords:
binding character; enforcement; executive body; law of european communities; pension; proposal; right; rule of another organisation; salary; statement of intent;
Judgment 257
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"After the complainant's promotion the changes which occurred in salary scales and adjustments in the general service category were more beneficial to the staff than those which occurred in the professional category. [...] The consequence is that her annual pension is now [...] less than it would have been if she had not accepted promotion." The complainant ought not to have to suffer from her promotion.
Keywords:
amendment to the rules; consequence; general service category; pension; professional category; promotion; reduction of salary; salary; scale;
Consideration 5
Extract:
The material rule "leaves the solution to special arrangements to be made for maintaining the pensionable remuneration at its previous level [when promotion results in a reduction]. If the word 'on' is construed as meaning 'on or after' and the phrase 'at its previous level' is construed as meaning 'at the level at which it would otherwise have been', the word 'maintaining' can be given its full effect [...] Having regard to the manifest object of the rule, the Tribunal does not consider that this reading of it puts a strain upon the language which it cannot bear."
Keywords:
compensatory measure; consequence; interpretation; pension; pensionable remuneration; promotion; provision; reduction of salary; staff regulations and rules;
Judgment 246
33rd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The organization "is not bound to grant appointments in such terms as to confer on staff members maximum benefit from the fund. On the contrary, although it is of course required to take account of the legitimate interests of staff members on recruitment, in doing so it cannot overlook its own interests."
Keywords:
contract; fixed-term; forfeiture of benefit; organisation's duties; organisation's interest; participation; pension; staff member's interest; terms of appointment; unjspf;
Considerations 1-2
Extract:
The competence of the Tribunal "does not extend to disputes between an international official and the organs of the [United Nations Joint Staff Pension] Fund."
Keywords:
competence of tribunal; complaint; pension; unjspf;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
[T]he refusal of the complainant's request to extend his contract "deprives him of his pension entitlements. It therefore has substantial effects on the financial interests of a staff member whose services were consistently regarded by [the organisation] as satisfactory."
Keywords:
consequence; contract; extension of contract; fixed-term; non-renewal of contract; organisation's duties; participation; pension; refusal; unjspf;
Consideration 5
Extract:
"[B]y causing the complainant serious loss which was not justified by the need to safeguard any interest of the [organisation] the Director-General drew from the dossier conclusions which are clearly mistaken."
Keywords:
contract; fixed-term; forfeiture of benefit; injury; mistaken conclusion; non-renewal of contract; organisation's interest; pension; pension entitlements;
Judgment 230
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he complainant was deprived of full participation both by his own negligence and by an omission on the part of the organization. It is therefore proper to meet the complainant's claims in part by ordering the organization to pay the complainant from the date of his retirement half the amount of the pension to which he would have been entitled as a full participant in the Joint Staff Pension Fund."
Keywords:
complainant; forfeiture of benefit; negligence; organisation; organisation's duties; participation; pension; unjspf;
Judgment 180
27th Session, 1971
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
No terminal entitlements are payable if the person concerned receives benefits under a permanent pension scheme to which the organisation contributes. "[A] pension must be defined as "permanent" within the meaning of [the applicable] text if its forfeiture depends solely on the free will of the beneficiary. If [...] the complainant [...] forfeits his present right to a pension by engaging in gainful employment, he does so of his own free will, a circumstance which does not affect the permanent character of the pension."
Keywords:
accumulation; consequence; forfeiture of benefit; pension; pension entitlements; terminal entitlements;
Judgment 173
26th Session, 1971
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[A]n organization may not submit a complaint to the Tribunal nor [...] claims for the modification of the impugned decision to the prejudice of the complainant." It may simply propose that the original complaint be dismissed in whole or in part. "Consequently, the organization's claims in the present case are irreceivable to the extent that they relate to the reduction of the complainant's pension."
Reference(s)
ILOAT Judgment(s): 141
Keywords:
claim; counterclaim; impugned decision; locus standi; pension; reply;
Judgment 119
19th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
In accordance with a decision taken by the FAO Conference, the Tribunal is competent to hear complaints from staff members of the organization alleging non-observance of their terms and conditions of employment, "with the exception of complaints concerning the benefits of the [...] Joint Staff Pension Fund. It follows that in the present case the Tribunal is not competent to rule on the complaint insofar as it relates to the payment of such benefits."
Keywords:
competence of tribunal; payment; pension; pension entitlements; unjspf;
Judgment 81
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The aim of the complaint is to contest, not that the regulations in force at the time of the death were correctly applied, but the validity of the bases on which the amount of the widow's pension was calculated resulting from the application of the new pension arrangement. In the opinion of the complainant, the new arrangement adversely affected the balance of contracted obligations of her husband and infringed the essential terms in consideration of which he had accepted appointment. The validity of the applicable statutory provisions is thus questioned as regards terms of appointment and the legality of the decision which made these provisions applicable in his particular case.
Keywords:
acquired right; amendment to the rules; amount; pension; pension entitlements; staff regulations and rules; successor; survivor's benefit; terms of appointment;
Consideration 5
Extract:
"Although it is true that the right to recovery of payments made by mistake is generally recognised and may, in consequence, be assimilated to a statutory right, [the official] would not have been in a position to claim the reimbursement of the payments he had made, with full knowledge of the facts, into the [...] funds, by virtue of a decision which had been rendered final as far as he was concerned. Neither has the complainant any right to do so."
Keywords:
contributions; pension; recovery of overpayment; refund; right; unjspf;
Judgment 80
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Far from citing any non-compliance with the texts in force on the date when her pension became payable, "the complainant asserts that the impugned decision is illegal in that it makes her subject to a system which alters the balance of contractual obligations with respect to her and infringes the conditions which induced her to accept service with [the organisation]". She therefore challenges the validity of the applicable regulations with respect to the conditions of her appointment and the legality of the decision by virtue of which these decisions were made applicable to her individually.
Keywords:
acquired right; amendment to the rules; pension; pension entitlements; provision; staff regulations and rules; terms of appointment;
Consideration 5
Extract:
Decisions of a general nature "could be contested before the Tribunal only within the period of 90 days specified in Article VII, paragraph 2, of the Statute of the Tribunal [...]. The said decisions were not contested within the required time; they became final so far as the complainant is concerned and irrevocably modified, prior to the date on which her pension rights were settled, both the terms of her contract of appointment and the regulations applicable in her case."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
amendment to the rules; complaint; general decision; pension; pension entitlements; provision; receivability of the complaint; staff regulations and rules; time bar; time limit;
Consideration 1
Extract:
The Staff Regulations of the organisation and the regulations for its staff superannuation and benevolent funds expressly recognise the Tribunal's competence. "Since the present complaint emanates from a former official of [the organisation] and concerns the settlement of her pension rights, the Tribunal is competent to hear it."
Keywords:
competence of tribunal; locus standi; pension; pension entitlements; receivability of the complaint; retirement; status of complainant;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
"While the adoption of the new pension scheme seriously impaired the complainant's rights, it is impossible to assess the full extent of the impairment at this stage. In particular the Tribunal does not know at what age the complainant will retire and what provisions will then be in force. Therefore the Tribunal cannot now order the [organisation] to pay compensation to the complainant or to guarantee him a particular benefit." However, it recognises the complainant's right to receive those benefits to which he would have been entitled under the old pension scheme and the right if need be to apply once more to the Tribunal.
Keywords:
acquired right; amendment to the rules; amount; consequence; injury; pension; provision; staff regulations and rules;
Consideration 14
Extract:
The organisation altered the pensions scheme, family allowances and termination benefits in case of abolition of post. While it "was, in principle, empowered to do so, it falls to be considered whether it thereby altered the balance of contractual obligations or infringed the essential terms of appointment in consideration of which the complainant [...] agreed to accept service with [the organisation]."
Keywords:
abolition of post; acquired right; amendment to the rules; consequence; contract; family allowance; judicial review; pension; terminal entitlements; terms of appointment;
Judgment 2
1st Session, 1947
Pensions fund (League of Nations)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant seeks repayment of the sums deducted from his salary after the maximum amount of pension had fallen due to him. "[W]hen he continued actively to perform his duties, while being already entitled to the maximum amount of retirement pension [...], he expressed no protest or reservation concerning the deductions[.] [T]hese deductions are [...] explained by the fact that we have here mutual insurance the purpose of which is to assure to the whole staff pension rights considered to be satisfactory[.] [T]herefore the members necessarily agree to abandon the additional sums paid in by some in order to benefit others, all this within the clearly stated limits of the statutory regulations of the Pensions Fund".
Keywords:
contributions; pension; refund; unjspf;
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