Judgment No. 1665
Decision
The complaint is dismissed.
Consideration 17
Extract:
The complainant argues "that by awarding him the ex gratia benefit [the Governing Board of the CERN Pension Fund] held him to be entitled to a partial incapacity pension. That is not so. The Board had already concluded, since he did not qualify under the Rules, that he was entitled to a pension neither for total nor for partial incapacity. It was prepared to grant him a pension for loss of earning capacity i.e. an 'unsuitability pension'; but, having heard him, it decided as an exceptional measure to grant him instead ex gratia benefits equivalent to the 'partial incapacity pension'. Granting him the equivalent is not the same thing as actually awarding him such a pension."
Keywords
cern pension fund; disability benefit; incapacity; medical fitness; ex gratia
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