Survivor's benefit (483,-666)

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Keywords: Survivor's benefit
Total judgments found: 6

• Judgment 4676

  
  136th Session, 2023
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges EMBL’s refusal to guarantee that the survivor’s pension to which his wife will be entitled at the time of his death will be at least 35 per cent of his last salary; to award him a children’s allowance for each of his wife’s three children from her previous marriages; and to verify that his current pension was properly calculated.

  Judgment keywords

  Keywords:

  child's benefit; complaint dismissed; pension; survivor's benefit;
  

  Consideration 5

  Extract:

  With respect to the […] claim for relief concerning a “guarantee of survivor[’s] pension for [his] wife”, Ms H.-R., the complainant misunderstands and misconceives the role of the Tribunal. This might be thought to be a request to now declare the rights of his spouse. But according to established case law, it is not for the Tribunal to make declarations of the nature sought (see, for example, Judgment 4602, consideration 5), nor to provide complainants with guarantees such as the one claimed here.
  Furthermore, given that the complainant is still alive, the relief sought in this regard is premature. As correctly indicated by EMBL, the amount of any entitlement to the survivor’s pension in case of the complainant’s death has not been decided and cannot be decided at this juncture. A definite amount will only be set when the date of a potential entitlement of the complainant’s survivor is known. Before then, there is simply no decision that has an effect on the complainant’s rights and obligations or on the rights and obligations of anyone holding or deriving rights through him under Article II, paragraph 6(b), of the Statute of the Tribunal (see, for example, Judgment 1203, consideration 2).

  Reference(s)

  ILOAT Judgment(s): 1203, 4602
  

  Keywords:

  competence of tribunal; survivor's benefit;
  

  
  
  

• 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.

  Judgment keywords

  Keywords:

  complaint dismissed; pension; 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;
  

  Consideration 13

  Extract:

  The Tribunal reaffirms that the loss of pension following the payment of the premium is adequately balanced by the benefits that can be acquired with the procurement of a surviving spouse’s pension for a number of years potentially widely exceeding the remaining duration of the retirement pension.

  Keywords:

  pension; survivor's benefit;
  

  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;
  

  
  
  

• Judgment 3876

  
  124th Session, 2017
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant requests the payment, after his death, of a pension for a surviving spouse to his wife and of an orphan’s pension to two children of whom he claims to be the biological father. He also claims allowances for dependent children.

  Consideration 7

  Extract:

  Regarding the claim relating to the payment of a surviving spouse’s pension, the Tribunal notes that under Article II 5.08 of the Rules of the CERN Pension Fund, “a marriage to a beneficiary of a retirement pension taking place on or after 1 August 2006 shall not give rise to entitlement to a surviving spouse’s pension”. It follows from this provision that the complainant’s marriage on 24 October 2011 did not confer any entitlement to a surviving spouse’s pension.
  The complainant contends that this provision, which was adopted in December 2005, does not apply to him as it would breach his acquired rights. The Tribunal draws attention to the fact that international organisations’ staff members do not have any right to have all the conditions of employment or retirement laid down in the provisions of the staff rules and regulations in force at the time of their recruitment applied to them throughout their career and retirement. Most of those conditions can be altered during or after an employment relationship as a result of amendments to those provisions.
  Of course the position is different if, having regard to the nature and importance of the provision in question, the complainant has an acquired right to its continued application. However, according to the case law established for example in Judgment 61, clarified in Judgment 832 and confirmed in Judgment 986, the amendment of a provision governing an official’s situation to her or his detriment constitutes a breach of an acquired right only when such an amendment adversely affects the balance of contractual obligations, or alters fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced her or him to stay on. In order for there to be a breach of an acquired right, the amendment to the applicable text must therefore relate to a fundamental and essential term of employment within the meaning of Judgment 832 (in this connection see also Judgments 2089, 2682, 2986 or 3135).
  The possibility for a spouse whom the official has married after his retirement to benefit from a surviving spouse’s pension cannot be viewed as fulfilling that condition, and it is clear that the amendment in this regard did not adversely affect the balance of contractual relations. Nor did it alter fundamental terms of employment in consideration of which the complainant accepted an appointment with the Organization in 1962, or which subsequently induced him to pursue his career there.
  It follows from the foregoing that this claim must be dismissed, without there being any need to rule on the merits of the objection to receivability raised by CERN on this point.

  Reference(s)

  ILOAT Judgment(s): 61, 832, 986, 2089, 2682, 2986, 3135
  

  Keywords:

  acquired right; survivor's benefit;
  

  
  
  

• 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.

  Judgment keywords

  Keywords:

  complaint dismissed; successor; survivor's benefit;
  

  
  
  

• 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 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;