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Revised Guidelines to determine eligibility for spousal benefits under articles 34 and 35 of the Fund’s Regulations

13 September 2023

Guidelines to determine eligibility for spousal benefits have just been revised.

In its resolution 77/258, the United Nations General Assembly requested that the United Nations Joint Staff Pension Board (UNJSPB) provide a framework to extend the guidelines for determining eligibility for spousal benefits under articles 34 and 35 of the Fund’s Regulations in specific circumstances.

The UN Joint Staff Pension Board (UNJSPB) agreed on the applicable framework at its 75th session in July 2023, which has been incorporated into the revised Guidelines to determine eligibility for spousal benefits under articles 34 and 35 of the Fund’s Regulations (Rev.2).

In accordance with the revised Guidelines, retirees who separated from service on or before 31 August 2016 and who married their spouse after separation from service can request a prospective survivor’s benefit for their spouse under articles 34 and 35 of the Fund’s Regulations if they meet all of the following conditions:

  1. The former participant separated from service no later than 31 August 2016;
  2. At the time of the former participant’s separation from service, the participant was reported to the Fund as single, but was in a relationship with their partner;
  3. At the time of the former participant’s separation from service, the participant could not legally marry their partner under the laws of the participant’s nationality;
  4. The laws of the former participant’s country of nationality were amended after the former participant’s separation from service, thereby permitting the former participant and their partner to marry; and
  5. The former participant and their partner married after the change in national law and such marriage was entered into no later than 31 December 2022.

The existence of the relationship at the time of the former participant’s separation from service must be established through evidence that must normally include sworn affidavits as well as additional documentation. The Guidelines set out detailed information in that regard.

If you meet the criteria set out in the Guidelines, you must submit your request for recognition of your spouse using the Fund’s Contact Us form no later than 31 December 2024. Requests made after that date cannot be accepted by the Fund.

Retirees who marry after separation from service and do not meet the conditions set out in the Guidelines continue to have the option of purchasing an annuity for their spouse in accordance with Article 35 ter of the Fund’s Regulations, provided that the election is made within one year of the marriage date.

For more information, please consult this web page under “Non-traditional unions guidelines and annex”: https://www.unjspf.org/for-clients/survivors-benefit/
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