Pension entitlements (459, 460, 461, 462, 463, 464, 465, 466, 467, 653, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 481, 482, 483,-666)

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Keywords: Pension entitlements
Total judgments found: 56

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• Judgment 2204

  
  94th Session, 2003
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The Organisation "expresses doubt as to the locus standi of most of the complainants, who are still far from the age of retirement [...]. In fact, all the complainants, regardless of their age, have an obvious interest in ascertaining as soon as possible the conditions on which the pension rights acquired by virtue of their employment prior to joining [the Organisation] may be transferred to their new pension scheme."

  Keywords:

  age limit; cause of action; condition; pension; pension entitlements; receivability of the complaint; retirement; transfer of pension rights;
  

  
  
  

• Judgment 2146

  
  93rd Session, 2002
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 23

  Extract:

  The Invalidity Committee was constituted of two doctors respectively appointed by the organization and the complainant and of a third member chosen by mutual agreement between the first two doctors. The doctor appointed by the complainant resigned. He appointed another but challenges the fact that the third member was not rechosen. "It is clear [...] that if a member is replaced, the appointment should be by the same person or persons who originally appointed the member who has left. The complainant is wrong to liken the Invalidity Committee to an arbitral body that must always have representation from each side and must always be presided by someone chosen by the parties' representatives. The Invalidity Committee is a statutory body and once regularly constituted, it has the powers vested in it by the rules. The appointments to it do not become invalid simply by reason of the departure of a member."

  Keywords:

  composition of the internal appeals body; consequence; disability benefit; invalidity; medical board; pension entitlements; resignation;
  

  
  
  

• Judgment 2145

  
  93rd Session, 2002
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 5 to 8

  Extract:

  "In the Organisation's view, since the payments it was making to the complainant were entirely voluntary, a matter of grace and favour on its part, it was quite at liberty to suspend such payments when the complainant failed to fulfil her obligation to submit to the [...] medical examination [required by the Invalidity Committee]. [It] is wrong. The Invalidity Committee's report [...] was categorical in stating that the complainant must be regarded as not fit for work. That means that she was unable to perform her duties and at a minimum she was entitled to receive the emoluments provided for in Article 62(7) unless and until the Invalidity Committee made a further finding putting an end to her sick leave, extending it, or placing her on permanent disability. But, without the authorisation of the Invalidity Committee, the [Organisation] had no right by its own unilateral action to suspend the payments to which she was entitled by law. [...] There can be no doubt that the [complainant] has a clear obligation to assist the Invalidity Committee and to present herself as and when reasonably required to do so for examination or treatment. If she fails to do so, that might constitute grounds for the Invalidity Committee to declare her sick leave at an end or it might form the basis of disciplinary action. [However, the Organisation] cannot take the law into its own hands without regard for the complainant's rights or its own obligations under the Service Regulations. [...] The highhanded actions of the [Organisation] in cutting the complainant's payments are both unjustified and illegal. The impugned decision must be rescinded."

  Reference(s)

  Organization rules reference: ARTICLE 62 (7) OF THE SERVICE REGULATIONS
  
  

  Keywords:

  disability benefit; disciplinary procedure; incapacity; invalidity; medical board; medical examination; medical fitness; organisation's duties; payment; pension entitlements; refusal; right; sick leave; staff member's duties; staff regulations and rules;
  

  
  
  

• Judgment 2103

  
  92nd Session, 2002
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 7 and 10

  Extract:

  "An organisation may try by all legal means to recover any money a staff member may owe it when he or she leaves service. But that does not entitle it to suspend or block consideration of the staff member's pension entitlements. [...] However, [the organization] was right to defer consideration of the complainant's entitlement to a repatriation allowance."

  Keywords:

  debt; organisation's duties; pension; pension entitlements; repatriation allowance; separation from service; terminal entitlements;
  

  
  
  

• Judgment 1955

  
  89th Session, 2000
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  According to Annex IV, Article 27, first paragraph, of the General Conditions of Employment governing servants at Eurocontrol, the divorced wife of a servant or former servant of Eurocontrol can only claim a survivor's pension if, at the date of former husband's death, she can justify her entitlement to receive monthly maintenance payments. In the present case, the complainant agreed to a lump-sum payment from her former husband in full and final settlement of his obligation to pay maintenance. Therefore, she cannot claim a survivor's pension.

  Reference(s)

  Organization rules reference: ANNEX IV, ARTICLE 27 OF THE EUROCONTROL GENERAL CONDITIONS OF EMPLOYMENT
  
  

  Keywords:

  condition; lump-sum; pension; pension entitlements; staff regulations and rules; survivor's benefit;
  

  
  
  

• Judgment 1901

  
  88th Session, 2000
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 8-9

  Extract:

  The organization refused the complainant both an unsuitability and an invalidity pension. It explains that it couldn't arrange for a final medical examination at the time of the complainant's dismissal because he was in prison. "The Tribunal cannot accept that argument. Under Article R II 4.18 of the Staff Regulations, a medical examination is compulsory when a contract is terminated, for whatever reason. In view of the particular circumstances of the case, [the organization] should have been at particular pains to comply with that rule. In the absence of such an examination the pension fund should have determined whether, upon termination of service, the complainant was to be treated as unfit for work because of a deterioration in his physical or mental health which occurred while he was employed by [the organization]. The administrator of the Pension Fund was, therefore, wrong [...] when he refused to consider the complainant's entitlement to a pension for unsuitability." The case was sent back to the Pension Fund.

  Reference(s)

  Organization rules reference: ARTICLE R II 4.18 OF THE STAFF REGULATIONS OF CERN
  
  

  Keywords:

  cern pension fund; disability benefit; due process; incapacity; invalidity; medical examination; organisation's duties; pension; pension entitlements; procedure before the tribunal; refusal; service-incurred; termination of employment;
  

  
  
  

• Judgment 1662

  
  83rd Session, 1997
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 20

  Extract:

  "There is no general rule requiring the [CERN Pension] Fund to pay interest on the transfer value [of pension entitlements]. So the Fund was free to rely on the text of its own rules, which do not expressly provide for interest, and on consistent practice."

  Keywords:

  cern pension fund; general principle; interest on damages; lump-sum; pension; pension entitlements; practice; transfer of pension rights; written rule;
  

  
  
  

• Judgment 1456

  
  79th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 26

  Extract:

  "By taking the German administration's figures the organisation endorsed them and subsumed them in its own decision. The figures thus become inseparable from the decision for the purpose of any litigation [...]; the EPO may not properly refer the complainants to the national administration; and that administration may not properly intervene in the organisation's decision."

  Keywords:

  decision; domestic law; organisation; pension adjustment system; pension entitlements;
  

  Consideration 25

  Extract:

  "No doubt national institutions that run pension schemes are better able to evaluate entitlements that may have accrued to the employee under one or more national schemes before recruitment [...]". No doubt the national institution has the last word on the figure to be used. But the organisation remains "free by virtue of its administrative and financial autonomy to discard any figure that the institution has worked out on some basis that offends against the prescriptions of the international regulations. It is free, too, to ask the institution to work out a new figure in the event of disagreement."

  Keywords:

  domestic law; independence; international civil service principles; organisation; pension; pension adjustment system; pension entitlements;
  

  
  
  

• Judgment 1298

  
  75th Session, 1993
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  In view of the complainant's "length of service, loss of pension entitlements if he is not reinstated and the difficulty he would no doubt face in finding other employment at his age, the Tribunal holds that it should order him reinstatement since it would not be fair just to award him financial compensation."

  Keywords:

  equity; pension entitlements; reinstatement; seniority;
  

  
  
  

• Judgment 1232

  
  74th Session, 1993
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The complainant, a civil servant of the organization who had been sentenced in his country of origin, was released from prison but was not allowed to leave the country. Under duress he wrote a letter applying for early retirement which was forwarded to the organization by his government. The organization accepted the request and rejected the complainant's internal appeal against that decision. The Tribunal quashes the decision. "The organization must reinstate [the complainant] and restore pension and sickness insurance entitlements for himself and his dependants. It shall pay him damages reckoned according to the amount of the salary and allowances he would have been entitled to".

  Keywords:

  allowance; consequence; health insurance; illness; insurance; judgment of the tribunal; pension entitlements; reckoning; reconstruction of career; salary;
  

  
  
  

• Judgment 1206

  
  74th Session, 1993
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 3 and 5

  Extract:

  The complainant objects to the period of service taken into account for the reckoning of his pension entitlements. "The Tribunal is not competent to make any ruling on the application of the Fund's Regulations and therefore declines to entertain the complaint."

  Keywords:

  competence of tribunal; pension; pension entitlements; tribunal; unjspf;
  

  
  
  

• Judgment 1053

  
  69th Session, 1990
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7, Summary

  Extract:

  When the complainants retired in 1988 they chose to take partial lump-sum payment of their pensions in the belief that United States taxes levied on those amounts would be reimbursed in keeping with a practice that remained in force until 1989. But they were denied reimbursement. As the complainants all believed the practice to be applicable when they made their choice, both the principle of non-retroactivity and that of good faith apply.

  Keywords:

  amendment to the rules; date; good faith; lump-sum; non-retroactivity; pension; pension entitlements; practice; refund; retirement; tax;
  

  
  
  

• Judgment 1034

  
  69th Session, 1990
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The pension rights of an employee in the United Nations family of institutions are governed by the Regulations of the United Nations Joint Staff Pension Fund and are determined by the kind of contract he holds. The complainant was employed for a certain time under special service agreements which do not entitle him to membership in the Fund.

  Keywords:

  contract; external collaborator; fund regulations; participation excluded; pension; pension entitlements;
  

  
  
  

• Judgment 961

  
  66th Session, 1989
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4, Summary

  Extract:

  The Permanent Commission of Eurocontrol took a decision of policy to bring about a differential of up to 5 per cent between staff pensions in the European Communities and pensions in Eurocontrol. The complainants are challenging a general decision, not individual decisions. Not one of the complainants has retired. "Since the amount of the complainants' pension contributions is not under challenge, all that is material in this case is the amount each complainant will get when he retires. The Tribunal will not make a general ruling, being competent only to entertain individual and actual disputes, and it therefore declares the complaints irreceivable."

  Keywords:

  cause of action; competence of tribunal; general decision; individual decision; legislative body; pension; pension entitlements; receivability of the complaint; reduction of salary;
  

  
  
  

• Judgment 960

  
  66th Session, 1989
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The purpose of the present complaint is the same as the purpose of the complaints which lead to Judgment 832. The rationale of that judgment and the ruling hold good. The Tribunal declares that "the ILO acted lawfully in adopting the new scale as from 1 April 1985, its decision was not in breach of any promise and did not have retroactive effect, and although it did cause the complainant financial injury the reasons were objective and the extent of the injury admissible."

  Reference(s)

  ILOAT Judgment(s): 832
  

  Keywords:

  acquired right; amendment to the rules; non-retroactivity; pension; pension entitlements; pensionable remuneration; reduction of salary; scale;
  

  Consideration 3

  Extract:

  "The notice [...] that prompted her internal appeal cannot in itself afford grounds for a complaint to the Tribunal since it merely showed the amount of the benefit she would get according to the option she preferred, and that amount is determined by the United Nations Joint Staff Pension Fund. if, as the ILO maintains, that is how the notice is to be construed, the Tribunal may not review the lawfulness of the decision." However, the complainant takes a different line. The complainant's objections, based on Article 8.2 of the ILO Staff Regulations, concern not the amount of her pension, but the fact that account was taken of the new scale of pensionable remuneration which the Director-General had brought in as from 1 April 1985. Therefore, the Tribunal is competent.

  Reference(s)

  Organization rules reference: ARTICLE 8.2 OF THE ILO STAFF REGULATIONS
  
  

  Keywords:

  amount; competence; competence of tribunal; decision; pension; pension entitlements; pensionable remuneration; scale; unjspf;
  

  
  
  

• Judgment 902

  
  64th Session, 1988
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 25

  Extract:

  The Permanent Commission of the Organisation took a decision bringing in a 5 per cent differential between pensions in Eurocontrol and pensions in the European Community. "Since the Commission is not the appointing authority its decisions are not subject to appeal".

  Keywords:

  competence of tribunal; complaint; condition; decision; decision-maker; legislative body; pension; pension entitlements; receivability of the complaint; reduction of salary;
  

  
  
  

• 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;
  

  
  
  

• 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;
  

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