Death benefit
Compensation for injury, illness or death attributable to service (Appendix D to Staff Rules)
Personal (ratione personae)
United Nations Joint Staff Pension Fund (UNJSPF)
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Jurisdiction / receivability (UNDT or first instance)
Ms. Larriera filed an appeal.
UNAT first examined whether Ms. Larriera was entitled to file a claim under Appendix D. UNAT found that – unlike the Pension case - for the purpose of the Staff Regulations and Rules, the law of Brazil, Mr. M’s national state, was to be the law determining his marital or domestic partnership status as at the date of his death for Appendix D purposes. That status, as determined subsequently by a Brazilian court of competent jurisdiction, was that Mr. M and Ms. Larriera were, as at the date of his death (and despite his still extant French marriage to Ms. M) in...