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The UNAT held that the Fund reasonably chose a 30-year timeframe for its statistical analysis to determine whether there were “aberrant results” in terms of pensions received by beneficiaries who had chosen Slovakia as their country of residence. Similarly, the UNAT held that the conclusions drawn by the Fund from the analysis were properly reached, highlighting that the graph showed a wide disparity between resident beneficiaries who separated from 1993 to 2007 and those who separated afterwards, a disparity solely due to differences in separation dates.

The UNAT found that the suspension...

The UNAT noted that in its calculation of the reduction of the beneficiary’s retirement benefit, the Pension Fund had determined the rate of the overall cost-of-living adjustment due to benefits in accordance with the movement in the US consumer price index since the date of the last adjustment to be 6.4 per cent. The UNAT observed that the Fund had then prorated the overall adjustment rate in proportion to the length of time the beneficiary’s retirement benefit had been in payment and had determined that the inflationary adjustment due to him was 7/12 of 6.4 per cent, equal to 3.7 per cent...

UNAT held that Mr. Ergüden’s decision when he elected to be on the local-currency track was irreversible unless the pre-conditions as set out in Paragraph 31(b) and 38(e) of the PAS were met. UNAT held that Mr. Ergüden did not meet those pre-conditions and that, as the decision of the Standing Committee was in observance of these provisions, there was no basis to grant Mr. Ergüden the right to revert to the USD track. UNAT held that there was no proper basis to compel the Chief Executive of Pension Administration to suspend Turkey from the two-track system. UNAT dismissed the appeal and...

UNAT held that there was no merit to the Respondent’s argument that the existence of official CPI data for Argentina of itself rendered the Standing Committee impotent as far as a consideration of the Appellant’s request. UNAT held that the matters could be raised by UNJSPF of its own volition or where a concerned beneficiary applied for the application of paragraph 26. UNAT held that the Respondent’s arguments that the Appellant’s complaint had been dealt with by historical benefits that accrued to him were unpersuasive. UNAT held that the impugned decision was, in effect, a failure by the...

UNAT held that there was nothing arbitrary about the impugned decision of the Chief Executive Officer (CEO), UNJSPF, as it was based on reports by the Executive Board of the International Monetary Fund between July 2011 and February 2013. UNAT held that good reason had been established for the CEO to decide on 31 July 2011 as the proper date for the suspension of the two-track system in Argentina, notwithstanding that there were previous statements regarding the reliability of the consumer price index (CPI) data in Argentina. UNAT held that it was satisfied that such a decision was a proper...