Article 13

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The former staff member appealed and UNAT considered whether he could compel UNICEF to pay to the Fund its contribution without making the corresponding contribution himself. UNAT found that, as the former staff member’s secondment was with the World Bank, he should have availed himself of the provisions of Article 13 of the UNJSPF Regulations relating to the transfer of pension rights and he failed to do so. Under these circumstances, UNAT noted that if the former staff member made his own contribution to the Fund, UNICEF would have been duty-bound to make its corresponding contribution...

UNAT held that the Standing Committee did not err in holding the application was not receivable ratione temporis. UNAT noted that, in refusing to receive the application, the Standing Committee also implicitly refused to find “good cause” to waive the sixty days’ time limit for review set forth in Section K of the UNJSPF Administrative Rules. UNAT also found no error in this implicit determination and held that a waiver of five years for review by the Standing Committee would be unreasonable, especially in light of the time limits in the Transfer Agreement between UNJSPF and CTBTO. UNAT...