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UNAT dismissed the appeal and affirmed the UNJSPB decision.

UNAT recalled that at the time of Mr. Arigon’s entry into participation in 2002, Article 24 did not allow him the option to restore his prior contributory service because that option was limited to participants whose previous period of contributory service was less than five years and who had received a withdrawal settlement; neither of which applied to him. When the 2007 amendment to Article 24 was introduced, he had a one-year window, from 1 April 2007 to 1 April 2008, during which he could elect to restore his prior period of...

UNAT affirmed the UNJSPB’s decision denying the staff member’s request for restoration of her first participation period. UNAT found that the amended Article 24 of the UNJSPF’s Regulations only allowed for restoration of a participant’s most recent period of contributory service and that the staff member had requested restoration of a participation period which was not the most recent one.

UNAT confirmed the UNJSPB’s interpretation of Article 24 of the Regulations to the effect that the 2007 amendment to Article 24 of the UNJSPF Regulations only applies to staff members who prior to 2007 had been ineligible to restore previous contributory service. UNAT held, therefore, that the amended Article 24 did not apply to the staff member as he had been eligible to restore previous contributory service but had failed to do so in a timely manner.

UNAT held that, since the Appellant was not a staff member of IOM at the time of the Agreement between the UNJSPF and IOM of 6 March 2006, the terms of the Agreement were not applicable to him as, by its terms, the Agreement only covered staff members who were current at the time of the Agreement. UNAT held that the different treatment of IOM staff members was created by the General Assembly. UNAT noted that restoration is an exceptional benefit that cannot be extended by analogy. UNAT held that the Appellant’s claim of inconsistency, unequal treatment, and arbitrariness by the UNJSPB was...

UNAT held that the Appellant was fully apprised of the options available to him in relation to his pension benefits when his first contract with the Organisation ended in 1985. UNAT held that the Appellant’s election to transfer his actuarial value to the Social Security Fund of the USSR terminated his contractual relationship with the UNJSPF. UNAT held that the right to restore past contributory service was only available to participants in terms of Article 24 of the UNJSPF Regulations, who had less than five years’ previous contributory service and whose only available benefit was a...

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.