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2010-UNAT-023

2010-UNAT-023, Nock

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Full judgment

UNAT Held or UNDT Pronouncements

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.

Decision Contested or Judgment/Order Appealed

The staff member (who re-entered the UNJSPF for the third time) requested the restoration of her first participation period. The UNJSPF Secretariat informed her that her request would not be granted since her first participation period was not her “most recent period of contributory service”.

Legal Principle(s)

Amended Article 24 of the UNJSPF Regulations provides for a participant’s option to restore his/ her prior contributory service. However, it only allows for restoration of most recent period of contributory service.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief was 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.

Applicants/Appellants
Nock
Entity
WHO
Case Number(s)
2010-028
Tribunal
UNAT
Registry
New York
Date of Judgement
President Judge
Judge Simón
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
United Nations Joint Staff Pension Fund (UNJSPF)
Validation of prior service
Applicable Law
UNJSPF Regulations