UNAT held that the Applicant was not entitled to a widow’s benefit under Article 34 of the UNJPSF Regulations as she married Mr Williams, her deceased husband, after his separation from service. UNAT noted that, under Article 35ter of the UNJSPF Regulations, the survivor’s benefit had to be purchased by a retiree who marries after separation from service as an annuity within a prescribed one-year deadline after the date of the marriage. UNAT noted that Mr Williams had elected not to do so. UNAT held that there was no obligation for UNJSPF to inform Mr Williams of the option. UNAT held that...
Article 35ter
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United Nations Joint Staff Pension Fund (UNJSPF)
Marital/parental legal obligations (spousal/child support)
Survivor’s benefits
Discrimination and other improper motives
Sexual orientation
United Nations Joint Staff Pension Fund (UNJSPF)
Survivor’s benefits
UNAT found that at the time of his separation from service, the former staff member was not married to his husband; their same-sex relationship did not enjoy similar status to marriage under the law of the US; the Regulations did not afford retrospective recognition of their marriage in 2018; and the Regulations specifically regulated the situation of the former staff member by providing for an annuity under Article 35ter. Therefore, UNAT concluded that under the express terms of Articles 34 and 35, the former staff member’s spouse was not entitled to a survivor’s benefit. Nonetheless, UNAT...