2013-UNAT-343

2013-UNAT-343, Larghi

UNAT Held or UNDT Pronouncements

UNAT determined that by refusing to review the staff member’s request, the UNJSPB had failed to properly exercise its jurisdiction pursuant to paragraph 26 of the PAS, whose very purpose “is to address the issue of whether the application of official Consumer Price Index (CPI) data results in ‘aberrant results’ or the situation where no up-to-date CPI data is available”. UNAT upheld the appeal, vacated the decision of the Standing Committee of the UNJSPB to reject the staff member’s request that the UNJSPF discontinue the local track in application of paragraph 26 of the PAS, and remanded the case to the Standing Committee.

Decision Contested or Judgment Appealed

UNJSPF decision: The Applicant contested the decision not to “discontinue” the “local track”, in application of paragraph 26(c) of the Pension Adjustment System (PAS). The Standing Committee rejected the application, noting that under paragraph 14 of the [PAS], the Fund is required to use the official CPI rates for each country as published in the �山��Monthly Bulletin of Statistics.

Legal Principle(s)

The Pension Fund has the statutory jurisdiction, pursuant to paragraph 26 of the PAS, to discontinue or suspend the “local track” currency for a particular country when it would lead to aberrant results.

Outcome

Appeal granted

Outcome Extra Text

No relief ordered

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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

Larghi

Entity

UNJSPF

Case Number(s)

2012-380

Tribunal

UNAT

Registry Location :

New York