Annex I: Administrative Rules of the United Nations Joint Staff Pension Fund

Administration Manual

A.1 The Chief Executive Officer of the Fund shall be responsible, under the authority of the Board, for ensuring the observance of the Regulations and these Rules by the member organiza­tions and the participants; the Chief Executive Officer shall be empowered to issue, and revise from time to time as may be necessary, an Administration Manual in which shall be prescribed, to the extent that they are not contained herein, the procedures and forms which shall be used for the administration of the Fund.

Participation

B.1 Each member organization shall, upon fulfillment by a member of its staff or by one of its officials of the conditions of article 21 of the Regulations, register that person’s admission to the Fund as a participant by furnishing to the secretary of the staff pension committee of the organization such information with respect to that person as the secretary may require, including the terms of appointment; the organization shall thereafter notify the secretary of any changes which occur therein.

B.2 The information shall normally include the name of the participant and the date of com­mencement of participation, date of birth, sex and marital status, and, as the case may be, the names and dates of birth of the participant’s spouse, children under the age of 21, and secondary dependants; the organization shall verify, to the extent possible, the accuracy of the information furnished.

B.3 (a) The participant shall be responsible for providing the information in rule B.2 above and for notifying the organization of any changes which occur therein; the participant may be required to submit documentary or other proof of such information to the organization or the secretary of the committee. No change shall be accepted after the date of the participant’s separation in respect of records pertaining to the following: a) the date of birth of a participant or that of each of his or her prospective beneficiaries; or b) the report of his or her prospective beneficiaries.

(b) In accordance with article 25 (e), failure by a member organization to correctly report the personal status of a participant of the Pension Fund prior to his or her separation or death in service that is attributable to the member organization, shall result in additional actuarial costs to the member organization in an amount sufficient to meet the additional obligations to be borne by the Fund arising from such an omission or mistake. In all cases, where there is a retroactive correction to the personal status of a participant after his or her separation from service, the actuarial value of a child’s benefit payable and/or surviving spouse’s benefit will be calculated and the member organization shall be fully liable to compensate the Fund for all of the additional actuarial costs for the Pension Fund benefit that shall be paid to the applicable beneficiary or beneficiaries.

B.4 (a) Information provided by or in respect of a participant or beneficiary under the Regula­tions or these Rules shall not be disclosed without written consent or authorization by the participant or beneficiary concerned, except in response to a court order or a request from a judicial or civil authority in the context of divorce or family maintenance obligations. In such case the Chief Executive Officer shall immediately notify the participant or beneficiary of the order or request. If after 30 days the participant or beneficiary has not acted in response to the court order or request, the Chief Executive Officer may supply the following information:

(i) amount of benefits received and in payment for a beneficiary;

(ii) accrued entitlements for an active participant; and

(iii) address of the beneficiary.

b) The information in (a) above shall be provided by the Chief Executive Officer in a manner that clearly reflects that it is being provided on a voluntary basis and without waiver of the privileges and immunities of the organization with respect to any such order or request from the judicial or civil authorities.

c) Notwithstanding this confidentiality rule, the staff pension committees may, through the secretariat to such committees, provide the UNJSPF member organizations with relevant pension information of a participant or beneficiary that is considered necessary in the administration of staff members and their entitlements in their employing organizations.

B.5 The participant shall, as soon as practicable after the commencement of participation, specify in writing, on a form provided for the purpose by the secretary of the committee, the person whom he or she designates as the beneficiary in the event of a benefit becoming payable under article 38 of the Regulations by reason of the participant’s death in service without a surviving spouse, including a divorced spouse, child, or secondary dependant, entitled to a benefit; any changes thereafter in such designation shall similarly be specified by the participant in writing. A new designation must be completed for each new participation in the Fund.

B.6 (a) A participant who is separated from the service of one member organization and enters the service of another without an interruption in the continuity of employment shall, subject to article 21 of the Regulations, remain a participant in the Fund; where such continuity has been interrupted, participation shall be in accordance with article 21 of the Regulations.

(b) A participant who is separated from the service of a member organization and who again becomes a participant in the Fund in accordance with article 21(a) of the Regulations within 36 months after such separation and without a benefit having been paid shall continue in participation in accordance with article 21(b). In calculating the period between the dates of separation and re‑entry into participation under article 21(a) no recognition shall be given to any intervening non‑contributory service even if subsequently validated under article 23.

MEDICAL EVALUATION

C.1 In accordance with article 41(a) of the Regulations, a medical evaluation shall be carried out of each participant prior to or as early as may be practicable after the commencement of participation.

C.2 The evaluation shall be conducted in such manner as to determine whether or not the participant is medically fit for participation in the Fund and may be waived if the participant has undergone a medical evaluation within twelve months prior to the commencement of participation the results of which are acceptable to the medical officer.

C.3 A participant who refuses to undergo a medical evaluation to determine fitness for employment and fulfils the requirements under article 21(a) of the Regulations, and for whom the findings of an earlier medical evaluation are not accepted, shall not, until completion of five years of contributory service be entitled to a disability benefit under the Regulations, nor shall a widow’s, widower’s or secondary dependent’s benefit be payable.

C.4 A participant whose entitlements are restricted under rule C.3 above shall, upon undergoing the medical evaluation provided for in rules C.1 and C.2 above, be accorded his or her full entitlements.

Contributions and interest

D.1 Contributions as specified in column B in article 25(a) of the Regulations shall be deducted monthly by the member organization from the salary and emoluments of each of its participants in pay status and remitted in dollars to the Fund; however, to the extent required for the payment of benefits in local currencies, the Chief Executive Officer may accept that a member organization remit its monthly contributions in a specific local currency rather than in dollars (applying the United Nations operational rate of exchange in effect when the organization’s contribution is remitted). The contributions of a participant in partial pay status shall be on the basis of his or her full pensionable remuneration.

D.2 Contributions for the purpose of validation, restoration, or the accrual of contributory service during leave without pay shall be made in dollars in accordance with sections E, F and G below.

D.3 (a) Interest shall accrue each year or part of a year on a participant’s contributions to the Fund; interest shall not, however, accrue in any year on contributions made during that year.

(b) For the purpose of accrual of interest under article 25(b), (c), (d) or (e), article 31 and article 38(c) of the Regulations, the interest shall be calculated to the end of each financial year and compounded annually at that date.

(c) In the calculation of interest, periods of less than one calendar month shall, if they amount to fifteen days or more, be treated as one month, and if they amount to less than fifteen days, be disregarded.

(d) For the purpose of calculating monthly installments, including interest, for the amortization of amounts due under article 25(d), the interest shall be compounded annually.

D.4 Remittance of the contributions under article 25 shall be made monthly and received by the Fund not later than on the second working day of the following month.

D.5 The Fund shall be compensated for any loss resulting from delays in receipt of the contributions under D.4 above.

D.6 The financial year of the Fund shall be the period 1 January to 31 December inclusive.

Validation of non‑contributory service

E.1 A participant who elects to validate non‑contributory service under article 23(a) of the Regulations shall give notice in writing of such election to the secretary of the staff pension committee of the member organization by which he or she is employed, not later than one year after the commencement of participation and in any case prior to the date of separation if earlier. The participant shall state in such notice the total period or periods of service which to his or her knowledge are open to validation.

E.2 (a) The secretary of the committee, if satisfied that the conditions of article 23(a) have been fulfilled, shall notify the participant in writing of the contributions which would have been payable by the participant had the service been contributory, with interest to the date of the notice of election.

(b) The contribution of the member organization shall be twice the amount under (a) above.

E.3 The participant shall remit the amount due under E.2 above in a lump sum to the member organization within ninety days of the date of the notification, or prior to the date of separation if earlier, failing which the right to validate shall be deemed to be cancelled.

E.4 (a) A beneficiary who elects to validate on behalf of a deceased participant under article 23(b) of the Regulations shall give notice in the manner and within the period specified in rule E.1 above; such beneficiary shall be notified of the amount due in accordance with rule E.2 and shall remit such amount in a lump sum to the member organization within ninety days of the date of notification.

(b) In the event that a participant dies after having elected to validate under E.1 above, but before the amount due has been remitted under rule E.3, a beneficiary empowered to make an election on behalf of the participant under article 23(b) shall be entitled, upon notice in writing to the secretary of the committee prior to payment of the benefit, to make such remittance in a lump sum within ninety days of the date of notification to such beneficiary by the secretary of the amount due.

(c) Failure by a beneficiary to comply with the provisions of (a) or (b) above shall be deemed to cancel his or her rights under article 23(b).

E.5 A former participant who, during a period of participation, does not validate the non‑contributory service then open to validation shall not, by virtue of a new period of participation, be entitled to validate such service.

Restoration of prior contributory service

F.1 A participant who elects to restore prior contributory service as a former participant under article 24(a) of the Regulations shall give notice in writing of such election to the secretary of the staff pension committee of the member organization by which he or she is employed not later than one year after the re‑commencement of participation and in any case prior to the date of separation if earlier.

F.2 (a) The secretary of the committee, if satisfied that the conditions of article 24(a) have been fulfilled, shall ascertain from the Chief Executive Officer the periods of prior contribu­tory service of the participant, together with the amount of the lump-sum payment received by the participant in respect of the previous participation and the interest thereon to the date of the notice of election, and shall notify the participant in writing of the total amount due.

(b) The amount due from the member organization shall be the amount of the refund, if any, received by it under article 26 of the Regulations in force on 31 December 1982 with interest as in (a) above.

F.3 The participant shall make, or commence, payment of the amount within ninety days of the date of the notification by the secretary under rule F.2 above, either

(a) In full in a lump sum; or

(b) In equal monthly installments, with interest, over a period no longer than half the length of the prior contributory service elected to be restored, provided that the total amount due shall be payable prior to the date of the participant’s separation.

F.4 (a) Payment shall be made, in accordance with the method selected by the participant under rule F.3 above, by remittance to the organization within the time‑limits applicable.

(b) In the event of default in the payment of a lump sum or the first payment of an installment, the right of the participant to restoration shall be deemed to be cancelled; in the event of default thereafter, the participant shall be given notice in writing by the secretary of the committee to effect payment within ninety days, failing which the right to restoration shall similarly be deemed to be cancelled.

(c) A participant whose right to restoration is cancelled shall be refunded forthwith the payments already made, with accrued interest, and shall forfeit any further right to such restoration.

F.5 A beneficiary who elects to restore on behalf of a deceased participant under article 24(c) of the Regulations, or to make or complete the remittances due by a participant who had so elected prior to his or her death, shall be bound, mutatis mutandis, by the provisions of rule E.4 above.

F.6 To the extent required for benefit calculation purposes, the notional pensionable remuneration for the entire disability benefit period recognized as contributory service pursuant to article 24 (b) of the Regulations shall be deemed to be the same as that on the day immediately preceding the commencement date of the disability benefit.

Leave without pay

G.1 A participant who wishes contributory service to accrue in terms of article 22(b) of the Regulations in respect of leave without pay shall make arrangements with the member organization by which he or she is employed for the full contributions to be remitted to the Fund concurrently with such leave in the same manner as contributions due in respect of a participant in pay status.

G.2 A participant to whom the provisions of article 25(b)(ii) apply shall remit to the organization the amounts due in respect of a period of leave without pay prior to the date of separation and, in any case, not later than within one year after the resumption of pay status.

G.3 At participant’s request, notification of the amount due under rule G.2 above shall be provided by the secretary of the staff pension committee of the organization from which he or she was granted leave without pay.

G.4 The provisions of section G of the Administrative Rules in force on 31 December 1982 shall continue to apply to leave without pay which commenced prior to 1 January 1983.

G.5 However, participants whose leave without pay commenced prior to 1 January 1983 may, at their option, pay contributions concurrently for the unexpired portion of such leave remaining after 1 January 1983.

G.6 Participants who avail themselves of the option under rule G.5 above may, at the same time, choose to pay the amounts due for the prior period of leave without pay.

G.7 Extensions of leave without pay which commenced prior to 1 January 1983 granted after 1 January 1983 shall be treated in accordance with the provisions applicable to leave without pay commencing after that date.

Determinations of incapacity and inability to engage in gainful employment

General

H.1 (a) The determination of incapacity for the purpose of disability benefits under article 33(a) and (b) of the Regulations and of children’s and secondary dependants’ benefits under article 36(b) and (c) shall, by virtue of powers hereby delegated in accordance with article 4(c), be made in each case by the staff pension committee of the organization by which the participant is employed, subject to the provision that, failing unanimity, a determination with respect to a disability benefit shall be referred to the Standing Committee for decision.

(b) For entitlement to a disability benefit, the incapacity for further service must be found to exist or to have existed on the participant’s date of separation.

H.2 In each case in which a staff pension committee has determined that a participant or a child is incapacitated, or in which a determination with respect to a disability benefit has been referred to the Standing Committee for decision, the medical officer of the organization shall transmit a report on the medical aspects of the case to the Medical Consultant, who shall in turn report thereon as may be required by the Secretary of the Board.

Disability benefits (article 33)

H.3 A request for a determination by the staff pension committee under article 33(a) of the Regulations shall be made by the organization:

(a) Whenever during, or on the expiry of, the appointment of a participant there is reason to believe that he or she may be incapacitated within the meaning of article 33(a); or

(b) Whenever a participant is placed, or is proposed to be placed, on leave without pay for reasons of health; or

(c) Whenever the appointment of a participant is terminated, or is proposed to be terminated, for reasons of health.

H.4 A determination under article 33(a) shall be made by the staff pension committee at the request of a participant:

(a) Whenever the organization has not acted in accordance with rule H.3 above; or

(b) Whenever a participant alleges that on the date of separation he or she was incapaci­tated within the meaning of article 33(a).

H.5 (a) The request shall be in writing, addressed to the secretary of the committee, and in the case of a participant shall be made not later than four months after the date of separation or commencement of leave without pay, unless in the opinion of the committee there are exceptional circumstances justifying submission of the request at a later date.

(b) The request shall state the material facts on which the organization or the participant relies and the conclusions which are deduced therefrom, and shall be accompanied where practicable by a report from the medical officer of the organization, or a medical practitioner retained by the participant, as the case may be.

(c) The organization or the participant submitting the request, may be required by the committee to provide further evidence or information thereon prior to a determination being reached.

H.6 (a) A determination that a participant is incapacitated within the meaning of article 33(a) shall be reviewed by the committee from time to time for the purpose of establishing the participant’s continued eligibility for a disability benefit, in accordance with article 33(b) until the participant reaches an age seven years less than that when he or she would have been entitled to receive a normal retirement benefit, except in cases where the normal retirement age is 60, in which case the period shall be five years less than the normal retirement age.

(b) The date for each such review shall be set up by the committee, having regard to the opinion of the medical officer of the organization on the prospects for the participant’s recovery, and in such manner that the interval between reviews does not normally exceed five years to a maximum of ten years in exceptional circumstances as determined by the committee based on reasonably established medical criteria concerning which the medical officer has provided guidance to the committee; the committee may nevertheless review a determination at an earlier date than that set for the review if there is reason to believe that the participant is no longer incapacitated.

(c) The participant shall be informed in writing by the secretary of the committee of the date or interval set for the review in each case and shall, as and when required, submit to a medical examination by the medical officer, or a medical practitioner designated by the medical officer, for the purpose of providing evidence enabling the committee to reach a further determination on the continuance or otherwise of the participant’s incapacity.

(d) Upon review, the committee shall continue a disability benefit if it determines that the participant remains incapacitated; it may suspend or discontinue a benefit if the participant has failed to submit to a medical examination when required to do so, or if the results of a medical examination are inconclusive; it may impose on the participant the fulfillment of a condition precedent to the continuation of a benefit or the removal of a suspension; and it shall discontinue a benefit when the evidence before it shows beyond reasonable doubt that the participant is no longer incapacitated, provided that a benefit so discontinued may be re‑instated by the committee if it is satisfied, upon further evidence, that the participant was in fact incapacitated.

H.7 (a) A disability benefit which is suspended or discontinued shall cease to be paid at the end of the third complete month after the month in which the decision was taken.

(b) A disability benefit which is re‑instated after suspension or discontinuance shall re‑commence from the date on which it ceased to be paid, unless the committee, after a review of the circumstances of the case, decides that it shall re‑commence from a later date.

Disabled children’s (and brother’s or sister’s) benefits [article 36(b) and (c)]

H.8 A determination under article 36(b) or (c) of the Regulations shall be made by the staff pension committee whenever the child, or the brother or sister, of a participant, eligible in other respects for a child’s or secondary dependant’s benefit, claims, or is claimed, to be incapacitated by illness or injury for substantial gainful employment:

(a) Upon reaching the age of 21, if immediately prior thereto a child’s or a secondary dependant’s benefit was payable, as the case may be;

(b) Upon the death in service or entitlement to a retirement or disability benefit of the participant, if the child is then over the age of 21;

(c) Upon the entitlement of the participant to an early retirement benefit. However, a child under the age of 21 shall be considered to be disabled only if the child would have been considered to be such had he or she been 21 years of age on the date of the participant’s separation;

(d) Upon the death of a participant entitled to a retirement, early retirement, or disability benefit, if a brother or sister is then over the age of 21 and is claimed to have been incapaci­tated at the date of the participant’s separation.

(e)

i) A staff pension committee may accept a request for a disabled child’s benefit under Article 36(b) or secondary dependant’s benefit under Article 37(c) (ii) that is made more than two years but less than five years after separation from service. In such case, if the benefit is awarded regardless of the reasons for the delayed request or other circumstance of the case, payment of the benefit shall commence on the day after the date of the staff pension committee’s decision, with no retroactive payment.

ii) A staff pension committee shall not consider a request for a disabled child’s benefit under Article 36(b) or a secondary dependant’s benefit under Article 37 (c) (ii) that is made more than five years from a) the date that the participant became eligible to receive a retirement, early retirement or disability benefit from the Fund and no child or secondary dependant’s benefit was previously in payment; or b) the participant’s death in service. Nevertheless, a staff pension committee may consider such a request where the Medical Consultant concludes that the medical condition was in existence at the time of the participant’s separation from service but could not have been diagnosed prior to the time of the request.

H.9 The claim shall be made in writing, addressed to the secretary of the committee, by or on behalf of the child or secondary dependant, and shall be accompanied by a report from a medical practitioner on the nature of the illness or injury and the extent, if any, to which gainful employment is possible; in the case of rule H.8 (b) above, the report shall be submitted by the medical officer of the organization.

H.10 A determination that a child or secondary dependant is incapacitated within the meaning of article 36(b) or (c) shall be reviewed, mutatis mutandis, in accordance with the provisions applicable to disability benefits in rules H.6 and H.7 above, save that the intervals between for those cases involving a medical condition that is not likely to improve over time may be increased to ten years. The committee may nevertheless review a determination at an earlier date than that set for the review if there is reason to believe that the beneficiary is no longer incapaci­tated within the meaning of article 36(b).

Entitlement to benefits

I.1 Entitlement to a benefit shall, subject to rules I.3 and I.4 below but without further action by an organ of the Fund other than as may be required to determine eligibility for a disability or incapacitated child’s benefit under these Rules, vest in a participant and in the child of a participant on the day succeeding the last day of contributory service; it shall vest in the widow, widower, secondary dependant, designated beneficiaries or estate of a participant on the day succeeding the day of the participant’s death in service, and on the first day of the month succeeding the death if the participant died while in receipt of a periodic benefit.

I.2 Entitlement to a benefit under article 36(a) of the Regulations shall continue to the end of the month in which the child or reaches the age of twenty‑one.

I.3 Entitlement shall be subject to certification by the Chief Executive Officer of the Fund, in accordance with article 7(c), that the conditions for payment of the benefit have been fulfilled; the Chief Executive Officer shall refer to the Standing Committee for decision any case which is not so certified.

I.4 Where, in the case of a disability benefit, a period of leave in pay status has succeeded a period of leave without pay for reasons of health, entitlement to the benefit shall vest as though the paid leave of the participant had been continuous.

I.5 In no circumstances shall more than one child’s benefit under article 36 be payable in respect of any one child. Where entitlement to more than one child’s benefit under these Regulations would otherwise exist in respect of a child, the child’s benefit that is largest shall be payable.

Computation and payment of benefits

J.1 The member organization by which a participant is employed shall, upon separation, inform the secretary of the staff pension committee of the participant’s last day of service and shall furnish such further information as the secretary may require for the purpose of computing the entitlements under the Regulations.

J.2 (a) The participant shall specify in writing, on a form provided for the purpose by the secretary of the committee, the benefit and any commutation thereof elected in accordance with the Regulations, instructions with respect to the method, currency and the banking or other institution, if such be the case, to which payment should be made on account of the participant. Subsequent changes in the election of benefits by the participant shall not be accepted unless no payment has yet been made by the Fund.

(b) Payment of the periodic benefits of participants and of their beneficiaries shall be made monthly in arrears.

(c) In the case of a participant whose remuneration under the terms of appointment was expressed in a currency other than dollars and who selects such currency for the payment of a withdrawal settlement under article 31(b)(i), the Chief Executive Officer shall be autho­rized [as an incident of making payment under article 47(b)] to make such payment at a rate of exchange which will ensure that the amount paid to the participant shall not be less than the amount deducted from his remuneration for the purpose of article 25, without interest.

(d) In the event of a discrepancy in the amount of a benefit paid in full in a lump sum, whether due to an error or to amendment or revision in data reported to the Fund, a correction shall be made if the discrepancy exceeds 25 dollars.

(e) Benefits payable under the Regulations to the children of a participant shall, unless there are exceptional circumstances, be paid on their behalf to the participant and, upon the participant’s death, to the surviving parent or legal guardian of each child, in accordance, mutatis mutandis, with (a), (b), (c) and (d) above.

J.3 The participant shall at the same time, where there is a prospect that a benefit may become payable under article 38 of the Regulations, specify similarly the person designated as the beneficiary; in the absence of such designa­tion, payment shall be made in accordance with the designation of the participant under rule B.5 above.

J.4 The contributory service of a participant which is used as a multiple to obtain the rate or amount of any particular benefit shall be calculated in years and fractions of years, each complete calendar month being deemed equal to one twelfth of a year, and the total number of days comprised in the incomplete calendar months being apportioned by the addition of one month for each thirty days or part thereof of fifteen days or longer; a residual period of less than fifteen days shall be disregarded.

J.5 The contributory service of a participant which is used to determine eligibility for a benefit shall be calculated according to the actual years, months and days comprised therein; for the purpose of determining the final average remuneration, incomplete months shall be disregarded except as provided in article 1(h).

J.6 The contributory service of a participant shall not include unused annual leave accrued at the date of separation, for which compensation is paid, or any period in respect of which payment is made in lieu of notice of termination.

J.7 The age of a participant shall be calculated in years and fractions of years from the date of birth to the date of separation, in accordance with the method prescribed for the calcula­tion of contributory service in J.4 above; a participant shall nevertheless not be considered to have reached age fifty‑five, age fifty-eight, age sixty, or age sixty‑two or age sixty-five until his or her fifty‑fifth, fifty-eighth, sixtieth, or sixty‑second or sixty-fifth birthday, as the case may be, shall have elapsed.

J.8 The participant, and any person entitled through the participant to a periodic benefit from the Fund, shall be required from time to time to furnish, to the satisfaction of the Chief Executive Officer, proof that the participant, and any person on whose behalf a benefit is paid, remains alive; the Chief Executive Officer may, in his or her discretion, suspend payment of a benefit pending the receipt of such proof.

J.9 (a) Any payments made by the Fund to a participant, beneficiary of a participant or third person otherwise than in accordance with the Regulations of the Fund may be deducted from any future benefits payable to or on account of the participant under these Regulations or may be recovered directly from the person or estate of the person to whom any such payments were made. The Chief Executive Officer may, where such an overpayment had been attributable to the submission of incorrect information to the Fund, recover interest, as well as administrative costs of 10 per cent of the overpayment.

(b) The Chief Executive Officer may, where appropriate, waive recovery of all or part of an indebtedness to the Fund.

(c) Two years after discovery by the Fund that any such payments were made, the Chief Executive Officer, in accordance with procedures in the Administration Manual, may deem that the amounts of such payments are unrecoverable and may authorize that such amounts be written off as uncollectible indebtedness to the Fund.

Review and appeal

General

K.1 The staff pension committee of each member organization shall, at the instance of any person who is entitled to submit an application under article 48 of the Regulations, review any decision taken by it or by its secretary in the exercise of powers conferred by the Regulations or these Rules.

K.2 The Standing Committee, acting on behalf of the Board, shall in like manner review any decision taken by it under rule H.1 above in which the medical conclusions are in dispute, any decision referred to it under rule K.6 below, and any decision by the Secretary of the Board which is not otherwise subject to review.

K.3 The decision shall, upon review, be either confirmed, rescinded, or varied to the extent necessary to bring it into conformity with the Regulations and these Rules.

K.4 An appeal shall lie to the Standing Committee, acting on behalf of the Board, from the decision of a staff pension committee taken upon review, and to the United Nations Appeals Tribunal, in accordance with article 48 of the Regulations, from the decision of the Standing Committee taken either upon appeal as above or upon review under rule K.2 above.

Procedure for review

K.5 A review shall be initiated by delivery to the secretary of the staff pension committee, or to the Secretary of the Board if the review is by the Standing Committee, within ninety days of receipt of notification of the disputed decision, of a notice in writing stating the points of fact or of law contained in the decision which are disputed, and the grounds upon which the request for the review is founded; the staff pension committee, or the Standing Committee as the case may be, may nevertheless, upon good cause shown, accept for review a request notice of which was delivered after the expiry of the period prescribed above.

K.6 A review by a staff pension committee shall, unless rule K.7 below applies, be completed within sixty days of the delivery of the notice prescribed under rule K.5 above, failing which the request shall be referred by the secretary to the Secretary of the Board and the review shall thereupon be made instead by the Standing Committee on behalf of the Board.

K.7 (a) Where the outcome of the review turns in whole or in part on the medical conclu­sions on which the disputed decision was based, the staff pension committee, or the Standing Committee as the case may be, shall obtain the advice of a medical board or request a review by an independent medical practitioner on the correctness or otherwise of such conclusions before proceeding with the review.

(b) The medical board shall consist of a medical practitioner selected by the participant or person requesting the review, the medical officer of the organization or a medical practitioner designated by him or her, and a third medical practitioner selected in agreement by the former two who shall not be the medical officer of a member organization; the board shall undertake such further examination of the medical conclusions at issue, and/or of the person who is the subject of the review, as it considers desirable, and shall report its conclusions in writing to the staff pension committee or the Standing Committee, as the case may be, which shall thereupon proceed with the review. Where the Committee determines that the review shall be undertaken by an independent medical practitioner, he or she shall be identified by the medical officer of the organization and agreed to by the participant or beneficiary.

(c) If the decision resulting from the review varies the disputed decision, the medical fees and expenses of the medical board shall be borne by the Fund; if the disputed decision is confirmed, the medical fees and expenses of the practitioner selected by the participant or person requesting the review and half the medical fees and expenses of the third practitioner shall be borne by the applicant and the remainder by the Fund; indebtedness by a participant under this rule may be recovered in accordance with article 43 of the Regulations. In cases where the review is undertaken by an independent medical practitioner, the cost shall be borne by the Fund.

Procedure for appeal

K.8 (a) An appeal to the Standing Committee, acting on behalf of the Board, from the decision of a staff pension committee taken upon review shall be initiated by delivery to the Secretary of the Board, within sixty days of notification of the decision appealed against, of a notice in writing stating the points of fact or of law contained in the decision which are disputed, and the grounds upon which the appeal is founded; the Standing Committee may nevertheless, upon good cause shown, agree to consider an appeal notice of which was delivered after the expiry of the period prescribed above.

(b) An appeal to the United Nations Appeals Tribunal from the decision of the Standing Committee, acting on behalf of the Board, shall be in accordance with the Statute and Rules of the Tribunal.

Transfer agreement

L.1 A participant in the Fund may avail himself or herself of the provisions of any agreement entered into by the Fund for the purpose of securing continuity of pension rights under article 13 of the Regulations of the Fund, in accordance with the terms of the relevant agreement.