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Transfer of pension rights (484,-666)
You searched for:
Keywords: Transfer of pension rights
Total judgments found: 13
Judgment 4592
135th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the calculation of the amounts transferred into the Eurocontrol scheme in respect of his previously-acquired pension rights and seeks compensation for the injury he considers he has suffered as a result of alleged negligence on the part of the Organisation.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; internal appeal; patere legem; transfer of pension rights;
Judgment 4390
131st Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks compensation for alleged delays in the processing of his request to transfer previously acquired pension rights to the EPO’s pension scheme.
Judgment keywords
Keywords:
complaint dismissed; transfer of pension rights;
Judgment 4196
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject as time-barred his application for an inward transfer into the EPO’s pension scheme of pension rights previously accrued under a German pension scheme.
Judgment keywords
Keywords:
complaint dismissed; internal appeal; transfer of pension rights;
Judgment 3407
119th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the implied decision to reject his claim against the new calculation of his pension rights.
Judgment keywords
Keywords:
case sent back to organisation; complaint dismissed; decision quashed; transfer of pension rights;
Judgment 3355
118th Session, 2014
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: After the transfer of his pension rights acquired under a national scheme to the Organisation’s pension scheme, the complainant successfully challenges the refusal to recalculate the number of pensionable years credited to him.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; transfer of pension rights;
Judgment 3134
113th Session, 2012
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; pension; transfer of pension rights;
Judgment 3117
113th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; pension; transfer of pension rights;
Judgment 2768
106th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The principle of good faith and the concomitant duty of care demand that international organisations treat their staff with due consideration in order to avoid causing them undue injury; an employer must consequently inform employees in advance of any action that may imperil their rights or harm their rightful interests (see Judgment 2116, under 5). This duty of care is greater in a rather opaque or particularly complex legal situation. [...] When the complainant took up employment with the Office it had been possible, for at least a year, to obtain the transfer of pension rights from the USS to the Office's pension scheme. But it is clear from the file that the applicable rules were so complex that a mere perusal of the documentation would not enable employees to understand them fully. Furthermore, the Administration and staff members were still largely unfamiliar with the possibility of transferring pension rights. In the light of these particular circumstances, the Office's duty to inform could not be confined to merely handing the applicable texts to the staff members concerned by a possible transfer. This duty demanded that the Office, having obtained such information as was necessary, should draw to the attention of the staff members concerned the possibility of obtaining a transfer of pension rights and should inform them of the procedure to be followed."
Reference(s)
ILOAT Judgment(s): 2116
Keywords:
duty of care; duty to inform; good faith; organisation's duties; participation; pension; pension entitlements; respect for dignity; staff member's interest; staff regulations and rules; transfer of pension rights;
Judgment 2527
101st Session, 2006
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"Article 12(1) of the Pension Regulations allowed the transfer of pension rights acquired by employees under a pension scheme prior to joining the Office only 'provided that that scheme allow[ed] such transfers to be made'. In the present case, it appears from the submissions that the INPS has not yet accepted the transfer to the EPO of pension rights acquired by employees who, like the complainant, were affiliated to the Italian state pension scheme. However regrettable it may be that employees of the Office in the position of the complainant are left at a disadvantage, the Office cannot be blamed for not amending the provisions of Article 12 at the risk of having to bear the costs of the transfer: the consent of the Italian authorities is clearly necessary before any such transfer can take place.
Nevertheless, the Organisation must not have shown negligence or ill will in submitting the problem raised by the complainant to the Italian authorities. It emerges from the submissions, however, that the Italian authorities were approached unsuccessfully in 1992 and 1998 and [again in] 2004 [...]. The Organisation cannot therefore be accused of having 'blocked' the situation and the complainant is not justified in deeming its conduct to be unlawful."
Reference(s)
Organization rules reference: Article 12(1) of the Pension Regulations
Keywords:
amendment to the rules; equal treatment; member state; negligence; organisation's duties; pension; pension entitlements; staff regulations and rules; transfer of pension rights;
Judgment 2204
94th Session, 2003
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The Organisation "expresses doubt as to the locus standi of most of the complainants, who are still far from the age of retirement [...]. In fact, all the complainants, regardless of their age, have an obvious interest in ascertaining as soon as possible the conditions on which the pension rights acquired by virtue of their employment prior to joining [the Organisation] may be transferred to their new pension scheme."
Keywords:
age limit; cause of action; condition; pension; pension entitlements; receivability of the complaint; retirement; transfer of pension rights;
Judgment 1662
83rd Session, 1997
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"There is no general rule requiring the [CERN Pension] Fund to pay interest on the transfer value [of pension entitlements]. So the Fund was free to rely on the text of its own rules, which do not expressly provide for interest, and on consistent practice."
Keywords:
cern pension fund; general principle; interest on damages; lump-sum; pension; pension entitlements; practice; transfer of pension rights; written rule;
Judgment 1032
69th Session, 1990
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant left employment in a private company to join the staff of the EPO and applied for the transfer of his pension rights to the organisation's retirement scheme. The company agreed to refund the contributions he had made but would not transfer the actuarial equivalent of his pension rights. Inasmuch as Article 12(1) of the EPO Pension Scheme Regulations and Implementing Rule 12.1/1(i)(b) only allow the transfer of those rights with the consent of the previous retirement scheme and that in such cases the amount must be certified by that scheme to be the actuarial equivalent of the official's pension rights, the organisation's retirement scheme was not empowered to accede to the complainant's request.
Reference(s)
Organization rules reference: ARTICLE 12(1) OF THE EPO PENSION SCHEME REGULATIONS; RULE 12.1/1(I)(B) OF THE IMPLEMENTING RULES
Keywords:
actuarial equivalent; condition; pension; transfer of pension rights;
Judgment 360
41st Session, 1978
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The application, by analogy, of the rules in force in the bodies of the European Communities "would be warranted only if the [...] rules [of the organisation] overlooked the point in dispute, in other words if they failed to contain a provision which had apparently been left out by omission."
Keywords:
analogy; applicable law; enforcement; exception; law of european communities; no provision; rule of another organisation; transfer of pension rights;
Consideration 4
Extract:
"The complainant alleges that he received a promise from the Director of personnel [...] at the time of his appointment. There is no need to question that official, who has now retired, to establish that no such promise was made." It appears from the complainant's correspondence that he "merely discussed the question of acquisition of pension rights in the hope that the competent bodies would take a decision in his favour. No trace is to be found of any real promise. Had the complainant been given one, he would presumably have produced it."
Keywords:
evidence; lack of evidence; pension; pension entitlements; promise; terms of appointment; transfer of pension rights;
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