2021-UNAT-1144

2021-UNAT-1144, Eric Bertrand Duflos

UNAT Held or UNDT Pronouncements

By including a paragraph about the possibility for a re-entrant to restore his or her prior contributory service under certain conditions in the A/2 form for designation of the recipient of a residual settlement, the Fund discharged its obligation to notify re-entrants such as Mr Duflos. There was no duty on the part of the Pension Fund to provide further information or clarification in that regard in the absence of any request from Mr. Duflos for information or clarification.

Decision Contested or Judgment/Order Appealed

Decision of the Standing Committee of the United Nations Joint Staff Pension Board dated 8 July 2020 to deny Mr. Duflos’ request for restoration of his prior contributory service.

Legal Principle(s)

The language of Article 24 of the UNJSPF Regulations is clear about the one-year time limit from the date of the re-entry into the Pension Fund within which to elect to restore a prior contributory service. There is no discretion to waive this time requirement.

Outcome

Appeal dismissed on merits

Outcome Extra Text

On appeal, UNAT affirmed the decision of the Pension Board.

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full judgment

Applicants/Appellants

Eric Bertrand Duflos

Entity

UNDP

Case Number(s)

2020-1485

Tribunal

UNAT

Registry

New York