2022-UNAT-1198

2022-UNAT-1198, Mehmet Selman Ergüden

UNAT Held or UNDT Pronouncements

UNAT held that Mr. Ergüden’s decision when he elected to be on the local-currency track was irreversible unless the pre-conditions as set out in Paragraph 31(b) and 38(e) of the PAS were met. UNAT held that Mr. Ergüden did not meet those pre-conditions and that, as the decision of the Standing Committee was in observance of these provisions, there was no basis to grant Mr. Ergüden the right to revert to the USD track. UNAT held that there was no proper basis to compel the Chief Executive of Pension Administration to suspend Turkey from the two-track system. UNAT dismissed the appeal and affirmed the decision of the Standing Committee.

Decision Contested or Judgment Appealed

Mr. Ergüden contested the decision of the Standing Committee of the United Nations Joint Staff Pension Board rejecting his request to change his pension payment from the local-currency track to the USD track on the grounds that he did not fulfil the requirements of Paragraphs 31 and 38 of the Pension Adjustment System (PAS).

Legal Principle(s)

It is not the role of judges to set the levels of benefits on the basis of their financial acumen or their own perceptions of equity.

Outcome

Dismissed on merits

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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

Mehmet Selman Ergüden

Entity

UNJSPB

Case Number(s)

2021-1557

Tribunal

UNAT

Registry Location :

New York