(a)      A participant who is not eligible for a retirement benefit under article 28 or a disability benefit under article 33 may elect on separation to receive an early retirement benefit or a deferred retirement benefit or a withdrawal settlement if he or she satisfies the conditions of article 29, 30 or 31 respectively.

(b)      Retirement, early retirement and deferred retirement benefits shall be payable at periodic intervals for life.

(a)      A retirement benefit shall be payable to a participant whose age on separation is the normal retirement age or more and whose contributory service was five years or longer.

(b)      The benefit shall, subject to (d), (e) and (f) below, in respect of any period or periods of participation commencing on or after 1 January 1983, be payable at the standard rate obtained by multiplying:

• (i)       The first five years of the participant’s contributory service, by 1.5 per cent of the final average remuneration;
• (ii)       The next five years of contributory service, by 1.75 per cent of the final average remuneration;
• (iii)       The next 25 years of contributory service, by 2 per cent of the final average remuneration; and
• (iv)       The years of contributory service in excess of 35 and performed as from 1 July 1995, by 1 per cent of the final average remuneration, subject to a maximum total accumulation rate of 70 per cent.

However, in respect of a participant with a prior period of contributory service of five years or longer ending between 1 January 1978 and 31 December 1982, the standard annual rate specified above shall be calculated by taking into account as periods of contributory service for the purpose of subparagraphs (i), (ii) and (iii) above the period of contributory service before 1 January 1983.

(c)      The benefit shall, subject to (d), (e) and (f) below, in respect of any period of participation commencing prior to 1 January 1983, be payable at the standard annual rate obtained by multiplying:

• (i)       The first 30 years of the participant’s contributory service, by 2 per cent of the final average remuneration;
• (ii)       The years of contributory service in excess of 30, but not exceeding five, by 1 per cent of the final average remuneration; and
• (iii)       The years of contributory service in excess of 35 and performed as from 1 July 1995 by 1 per cent of the final average remuneration, subject to a maximum total accumulation rate of 70 per cent.

(d)     (i)     However, except as provided in (ii) below, the benefit otherwise payable at the standard annual rate in accordance with the applicable provisions of (b) or (c) above to a participant at a level above D-2, top step, of the scale of pensionable remuneration indicated in article 51 (see appendix B below), shall not exceed, as at the time of the participant’s separation, the greater of:

• (A)       60 per cent of the participant’s pensionable remuneration on the date of separation; or
• (B)       The maximum benefit payable under the provisions of (b) or (c) above to a participant at the level D-2 (top step for the preceding five years) separating on the same date as the participant;
• (ii)      However, for a participant separating at the level of Under‑Secretary‑General, Assistant Secretary‑General or their equivalent level, to whom the provisions of (i) above are applicable, the benefit payable shall not be less than the benefit that would have been payable at the standard annual rate if the participant had separated from service on 31 March 1986; for participants separating at other levels above D‑2, top step, in the scale of pensionable remuneration in appendix B below, to whom the provisions of (i) above are applicable, the benefit payable shall not be less than the benefit that would have been payable at the standard annual rate if the participant had separated from service on 31 March 1993; for participants who entered or re-entered the Fund at an ungraded level before 1 April 1993, the provisions of (i) above shall not be applicable.

(e)      The benefit shall however be payable at the minimum annual rate which is obtained by multiplying the years of the participant’s contributory service, not exceeding 10, by the smaller of 180 dollars [increased to 1,034.96 dollars effective 1 April 2014] subject to subsequent adjustments in accordance with the movement of the United States CPI under the Pension Adjustment System (Click here)¹  or 1/30 of the final average remuneration, if the benefit so calculated would be greater than the amount under (b) or (c) above.

(f)      The annual rate of the benefit shall nevertheless not be less, when no other benefit is payable on account of the participant under these Regulations, than the smaller of 300 dollars [increased to 1,646.16 dollars effective 1 April 2014] subject to subsequent adjustments in accordance with the movement of the United States CPI under the Pension Adjustment System (Click here)¹  or the final average remuneration of the participant.

(g)      A benefit payable at the standard annual rate may be commuted by the participant into a lump sum subject to the following limitations and to supplementary article D, where applicable:

(i)       If the rate is 300 dollars or more, the amount of the lump sum may not exceed the smaller of:

• (A)       The actuarial equivalent of one third of the benefit; or
• (B)       The actuarial equivalent of one third of the maximum benefit that would be payable to a participant retiring at the normal retirement age, on the same date as the participant, with a final average remuneration equal to the pensionable remuneration on that date for the top step of level P‑5 on the scale of pensionable remuneration in appendix B below;

(ii)       Nevertheless, if the amount calculated under (i) above is less than the amount of the participant’s own contributions, then the benefit may be commuted to the extent of the latter amount;

(iii)       If the rate is less than 1000 dollars, the benefit may be commuted to the extent of its full actuarial equivalent; if a participant is married, the prospective benefit payable to his or her spouse may also be commuted at the standard annual rate of such benefit.

(h)      A benefit payable at the minimum rate under (e) or (f) of this article may be commuted into a lump sum as in (g) above, if the participant elects to receive it instead at the standard annual rate.

Participation in the Fund has commenced or recommenced prior to 1 January 2014:

(a)      An early retirement benefit shall be payable to a participant whose age on separation is at least 55 but less than the normal retirement age and whose contributory service was five years or longer.

(b)      The benefit shall be payable at the standard annual rate for a retirement benefit, reduced for each year or part thereof by which the age of the participant on separation was less than the normal retirement age (60 or 62), at the rate of 6 per cent a year, except that:

• (i)       If the contributory service of the participant was 25 years or longer but less than 30 years, the standard annual rate would be reduced by 2 per cent a year in respect of the period of contributory service performed before 1 January 1985, and 3 per cent a year in respect of the period of such service performed as from 1 January 1985; or
• (ii)       If the contributory service of the participant was 30 years or longer, the standard annual rate would be reduced by 1 per cent a year;

provided however that the rate in (i) or (ii) above shall apply to no more than five years.

Participation in the Fund has commenced or recommenced on or after 1 January 2014:

(c)      An early retirement benefit shall be payable to a participant whose age on separation is at least 58 but less than the normal retirement age and whose contributory service was five years or longer.

(d)      The benefit shall be payable at the standard annual rate for a retirement benefit, reduced for each year or part thereof by which the age of the participant on separation was less than the normal retirement age (65), at the rate of 6 per cent a year, except that:

• (i)         If the contributory service of the participant was 25 years or longer, the standard annual rate would be reduced by 4 per cent a year; and
• (ii)        The rate in (i) above shall apply to no more than five years.

(e)      The benefit may be commuted by the participant into a lump sum to the extent specified in article 28(g) for a retirement benefit.

(a)      A deferred retirement benefit shall be payable to a participant whose age on separation is less than the normal retirement age and whose contributory service was five years or longer.

(b)      The benefit shall be payable at the standard annual rate for a retirement benefit and shall commence at the normal retirement age, or, if the participant so elects, at any time once the participant becomes eligible to receive an early retirement benefit from the Fund, provided that in such event it shall be reduced in the same manner and under the same conditions as specified in article 29.

(c)      The benefit may only be commuted by the participant into a lump sum if the rate of the benefit at the normal retirement age is less than 1000 dollars. Such commutation shall be equivalent to the full actuarial value of the benefit.

(a)      A withdrawal settlement shall be payable to a participant whose age on separation is less than the normal retirement age, or if the participant is the normal retirement age or more on separation but is not entitled to a retirement benefit.

(b)      The settlement shall consist of:

• (i)       The participant’s own contributions, if the contributory service of the participant was less than five years; or
• (ii)       The participant’s own contributions increased by 10 per cent for each year in excess of five up to a maximum of 100 per cent, if the contributory service of the participant was more than five years.

(a)      The payment to a participant of a withdrawal settlement, or the exercise by a participant of a choice among available benefits, or between a form of benefit involving payment in a lump sum and another form, may be deferred at the participant’s request for a period of 36 months.

(b)      A participant who deferred a choice under (a) above shall, if the choice is not made within the period by submitting applicable payment instructions, be deemed to have chosen a deferred retirement benefit if his or her age on separation was less than the normal retirement age.

(a)      A disability benefit shall, subject to article 41, be payable to a participant who is found by the Board to be incapacitated for further service in a member organization reasonably compatible with his or her abilities, due to injury or illness constituting an impairment to health which is likely to be permanent or of long duration.

(b)      The benefit shall commence on separation or, if earlier, on the expiration of the paid leave due to the participant and shall continue for as long as the participant remains incapacitated, provided that incapacity shall be deemed to be permanent once the former 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.

(c)      The benefit shall, if the age of the participant on entitlement is the normal retirement age or more, be payable at the standard or the minimum annual rate for a retirement benefit as the case may be; if the age of the participant is less than the normal retirement age, the benefit shall be payable at the rate of the retirement benefit which would have been payable had the participant remained in service until the normal retirement age and had the final average remuneration remained unchanged.

(d)     The annual rate of the benefit shall, notwithstanding (c) above, not be less, when no other benefit is payable on account of the participant under these Regulations, than the smaller of 500 dollars [increased to 2,741.04 dollars effective 1 April 2014] subject to subsequent adjustments in accordance with the movement of the United States CPI under the Pension Adjustment System (Click here)¹  or the final average remuneration of the participant.

(e)      A benefit which is discontinued shall, if a participant who has been separated does not upon such discontinuance again become a participant, be converted at his or her option to a deferred retirement benefit or a withdrawal settlement, calculated as at the date of commencement of the disability benefit.

(f)      The Board may prescribe the extent to which and the circumstances in which a disability benefit may be reduced when the beneficiary, although remaining incapacitated within the meaning of this article, is nevertheless in paid employment.

(a)      A widow’s benefit shall, subject to article 41 and to (b) below, be payable to the surviving female spouse of a participant who was entitled to a retirement, early retirement, deferred retirement or disability benefit at the date of his death, or who died in service, if she was married to him at the date of his death in service or, if he was separated prior to his death, she was married to him at the date of separation and remained married to him until his death.

(b)      A benefit shall nevertheless not be payable if the participant had commuted his widow’s prospective benefit under article 28 or 29.

(c)      The benefit shall, if the participant died in service or during entitlement to a retirement, early retirement or disability benefit, be payable at the standard annual rate of half the retirement or disability benefit which would have been payable to the participant had he become entitled thereto at the date of his death, or of half of his retirement, early retirement or disability benefit including such part thereof as may have been commuted, as the case may be, provided that the rate shall not be less than the smaller of:

• (i)       750 dollars [increased to 4,314.48 dollars under the UNJSPF Pension Adjustment System, effective 1 April 2014] subject to subsequent adjustments in accordance with the movement of the United States CPI under the Pension Adjustment System (Click here)¹  or
• (ii)       Twice the standard annual rate above.

(d)     The annual rate of the benefit shall, notwithstanding (c) above, not be less, when no other benefit is payable on account of the participant under these Regulations, than the smaller of 500 dollars [increased to 2,741.04 dollars under the UNJSPF Pension Adjustment System, effective 1 April 2014] subject to subsequent adjustments in accordance with the movement of the United States CPI under the Pension Adjustment System (Click here)¹  or the final average remuneration of the participant.

(e)      The benefit shall, if the participant died after the commencement of a deferred retirement benefit which had not been commuted under article 30(c), be payable at half the annual rate of such benefit and, if he died before its commencement, at the rate of half the actuarial equivalent at the date of death of the annual rate of the benefit at the normal retirement age.

(f)      The benefit shall be payable at periodic intervals for life, provided that a benefit payable at an annual rate of less than 600 dollars may be commuted by the widow into a lump sum which is the actuarial equivalent of the benefit at the standard annual rate under (c) above, or the annual rate under (e) above, as the case may be.

(g)      The benefit shall, where there is more than one surviving spouse, be divided equally between the spouses, and upon the death of each such spouse shall be equally divided among the remainder.

(h)      Notwithstanding the provisions of (a) and (f) above, with respect to a surviving spouse who had remarried prior to 1 April 1999 the benefit under (a) above shall be payable as from 1 January 2001, subject to recovery (with interest) of the lump sum payment that had been made to that surviving spouse upon remarriage, as provided in the Regulations then in effect.

A widower’s benefit, at the rates and under the conditions applicable in article 34 to a widow’s benefit, shall be payable to the surviving male spouse of a participant.

(a) Any divorced spouse of a participant or former participant, separated on or after 1 April 1999, who was entitled to a retirement, early retirement, deferred retirement or disability benefit, or of a participant who died in service on or after that date, may, subject to the provisions of article 34(b) (applicable also to widowers), request a former spouse’s benefit, if the conditions specified in paragraph (b) below are fulfilled.

(b)      (b) Subject to paragraph (d) below, the divorced spouse is entitled to the benefit set out in paragraph (c) below, payable prospectively following receipt of the request for a divorced surviving spouse’s benefit, if, in the opinion of the Chief Executive Officer of the Fund, all of the following conditions are fulfilled:

• (i)       The participant had been married to the former spouse for a continuous period of at least ten years, during which contributions were paid to the Fund on account of the participant or the participant was awarded a disability benefit under article 33 of the Regulations;
• (ii)       The participant’s death occurred within 15 years of the date when the divorce became final, unless the former spouse proves that at the time of death the participant was under a legal obligation to pay maintenance to the former spouse;
• (iii)      The former spouse has reached the age of 40. Otherwise the benefit entitlement shall commence on the day immediately following the day that age is reached; and
• (iv)      Evidence is provided that a divorce settlement does not have an express renouncement of UNJSPF pension benefit entitlements;

(c) A former spouse who, in the opinion of the Chief Executive Officer, has met the conditions set out in paragraph (b) above shall be entitled to the widow’s or widower’s benefit under article 34 or 35 as the case may be; however, if the participant is survived by both one or more such former spouses and/or by a spouse entitled to a benefit under article 34 or 35, the benefit payable under article 34 or 35 shall be divided between the spouse and former spouse(s) in proportion to the duration of their marriages to the participant.

(d) Article 34(f) and (g) shall apply mutatis mutandis.

(e) The divorced spouse of a former participant who separated before 1 April 1999 and, in the opinion of the Chief Executive Officer, met all the other eligibility conditions in paragraphs (a) and (b) above shall be entitled to a benefit equal to twice the minimum surviving spouse’s benefit under article 34(c), payable as of 1 April 1999 or from the first day of the month succeeding the death of the former participant, whichever is later, subject to the proviso that the amount of such benefit cannot exceed the amount payable to a surviving spouse of the former participant.

(a)      A former participant receiving a periodic benefit may elect to provide a periodic benefit for life in a specified amount (subject to paragraph (b) below) to a spouse who was not married to him or her at the date of separation. Such election shall be made within one year of the date of marriage and shall become effective 18 months after the date of marriage. The benefit shall be payable as of the first day of the month following the death of the former participant. When the election becomes effective, the benefit payable to the former participant shall be reduced in accordance with actuarial factors to be determined by the Fund’s Consulting Actuary. An election under this subsection may not be revoked after it becomes effective, except by an explicit request in writing by the former UNJSPF retiree who has divorced the new spouse or by the death of the spouse, in which case it will be considered terminated as from that date. The UNJSPF retiree may rescind his or her decision to provide a periodic benefit for life to a spouse married after separation by providing the Fund with a final divorce decree issued by a competent national court. Payments made for the annuity before such a cancellation will not be refunded to a UNJSPF retiree, neither do such payments convey to the divorced spouse a benefit entitlement from the Fund.

(b)      Any election made under paragraph (a) shall be subject to the following:

(i)       The amount of the periodic benefit payable to the former participant, after reduction owing to elections made pursuant to paragraph (a) above, shall be at least one half of the benefit that would have been payable without any such elections; and

(ii)       The amount of the benefit payable to the spouse shall not be larger than the amount of the benefit payable to the retired participant after reduction for the elections.

(a)      A child’s benefit shall, subject to (b) and (c) below, be payable for each child of a participant who is entitled to a retirement, early retirement or disability benefit or who has died in service, while the child remains under the age of 21.

(b)      A benefit shall be payable for a child who is over the age of 21 if the child is found by the Board to have been incapacitated by illness or injury for substantial gainful employment:

• (i)       On reaching the age of 21, if immediately prior thereto a child’s benefit was payable; or
• (ii)       At the time of the death in service or entitlement to a benefit of the participant.

A benefit payable as above shall continue for as long as the child remains incapacitated.

(c)      A child’s benefit shall, notwithstanding (a) above, not become payable, if the participant has chosen an early retirement benefit, until the participant dies or reaches the normal retirement age, except to a child under the age of 21 found by the Board to be disabled.

(d)     The benefit shall, during the continuance of any periodic benefit resulting from retirement, early retirement, disability or death in service, but subject to (e) and (f) below, be payable at the annual rate of one third of the benefit payable to the participant or, if the participant died in service, one third of the retirement or disability benefit which would have been payable if the participant had become entitled thereto at the date of death, subject to a minimum of 300 dollars per annum [increased to 1,727.52 dollars under the UNJSPF Pension Adjustment System, effective 1 April 2014] subject to subsequent adjustments in accordance with the movement of the United States CPI under the Pension Adjustment System and a maximum of 600 dollars [increased to 3,436.32 dollars under the UNJSPF Pension Adjustment System, effective 1 April 2014] subject to subsequent adjustments in accordance with the movement of the United States CPI under the Pension Adjustment System.

(e)      The benefit, if no other periodic benefit is payable and there is no surviving parent able, in the opinion of the Board, to support the child, or if the other periodic benefit payable is to a surviving spouse who is not a natural or adoptive parent and does not have custody of the child, and further subject to (f) below, shall be payable at the rate in (d) above increased by the greater of:

• (i)       300 dollars [increased to 1,727.52 dollars under the UNJSPF Pension Adjustment System, effective 1 April 2014] subject to subsequent adjustments in accordance with the movement of the United States CPI under the Pension Adjustment System or one quarter of the retirement, early retirement or disability benefit from which it is derived, if one child’s benefit is payable; and
• (ii)       600 dollars [increased to 3,436.32 dollars under the UNJSPF Pension Adjustment System, effective 1 April 2014] subject to subsequent adjustments in accordance with the movement of the United States CPI under the Pension Adjustment System or half the retirement, early retirement or disability benefit from which it is derived, and divided by the number of eligible children, if more than one such benefit is payable.

(f)      The total benefits payable under (d) above shall nevertheless not exceed an annual rate of 1,800 dollars [increased to 10,349.64 dollars under the UNJSPF Pension Adjustment System, effective 1 April 2014] subject to subsequent adjustments in accordance with the movement of the United States CPI under the Pension Adjustment System nor shall the total benefits under (d) or (e) above, added to any retirement benefit payable under article 28(b), (c), (d) or (e), early retirement benefit under article 29(b), disability, widow’s or widower’s benefit exceed the final average remuneration of the participant added to the total annual children’s allowances that were payable by the member organization at the time the participant was separated.

(g)      Benefits payable under this article shall be recalculated as may be required to achieve the purposes of (e) and (f) above.

(a)      A secondary dependant’s benefit shall, subject to article 41 and to (b) below, be payable to not more than one surviving secondary dependant of a participant who was entitled to a retirement, early retirement, deferred retirement or disability benefit at the date of death, or who died in service.

(b)      A secondary dependant’s benefit shall nevertheless not be payable:

• (i)      Where a benefit is or was payable to a child or to the surviving spouse, including to a divorced spouse, of the participant; and
• (ii)     In the case of a brother or sister, where the benefit payable to the participant was a deferred retirement benefit.

(c)      The benefit shall be payable at the following rates:

• (i)      In the case of a mother or father, at the rates and under the conditions applicable in article 34(b), (c), (d), (f) and (h) to a widow’s or widower’s benefit;
• (ii)     In the case of a brother or sister, at the rate applicable in article 36(d) to a child’s benefit and shall be payable or shall continue to be payable beyond the age of 21 under the conditions of article 36(b).

(d)     In the event that more than one person is eligible under this article, the benefit shall be payable to the person designated by the Board.

(a)      A residual settlement shall be payable if, upon the death of a participant and the exhaustion, as the case may be, of any entitlements due under these Regulations to his or her survivors, the total amount of the benefits paid to and on account of the participant is less than the participant’s own contributions.

(b)      The settlement shall be payable to a beneficiary designated by the participant and alive when the payment is due; failing such beneficiary, the settlement shall be paid to the estate of the participant.

(c)      The settlement shall consist of the participant’s own contributions at the date of his or her separation or death in service, reduced by the total amount of the benefits paid to and on account of the participant.

(a)      Entitlement to a disability benefit or to a benefit payable in case of death, during a period of leave without pay granted for the performance of military service, shall instead be to a withdrawal settlement calculated as of the day immediately preceding the commencement of such leave, in accordance with article 31.

(b)      In the event that a participant becomes entitled to a retirement, early retirement or deferred retirement benefit on separation during a period of leave without pay, a widow’s, widower’s, child’s or secondary dependant’s benefit shall not be payable unless entitlement thereto would have existed had the participant died on the day immediately preceding the commencement of such leave.

(a)      If a former participant who is entitled to a retirement, early retirement or deferred retirement benefit under these Regulations again becomes a participant, entitlement to such benefit or to a benefit derived therefrom shall be suspended and no benefit shall be payable until the participant dies or is again separated.

(b)      Such a participant who again becomes a participant and is again separated after at least five years of additional contributory service shall also be entitled, at the time of such subsequent separation, in respect of such service and subject to paragraph (d) below, to a retirement, early retirement or deferred retirement benefit, or a withdrawal settlement under article 28, 29, 30 or 31, as the case may be.

(c)      Such a participant, who again becomes a participant and is again separated after less than five years of additional contributory service, shall, in respect of such service, become entitled to:

• (i)        A withdrawal settlement under article 31; or
• (ii)       Subject to (d) below, a retirement, early retirement or deferred retirement benefit, as the case may be, under article 28, 29 or 30, based on the length of such additional contributory service; provided, however, that such benefit may not be commuted into a lump sum, in whole or in part, and shall not be subject to any minimum provisions.

(d)     Payment of benefits under (b) or (c) (ii) above shall commence on the date of the resumption or commencement, as the case may be, of payment of benefits suspended under (a) above. In no event shall the total benefits payable to or on account of a former participant in respect of separate periods of contributory service exceed the benefits which would have been payable had the participation in the Fund been continuous.

(e)      Article 40 shall apply mutatis mutandis to the ungraded officials who are appointed or elected irrespective of whether they join the Fund again during their tenure as elected officials. There is no retroactive payment of suspended UNJSPF benefits that may have been accrued from previous participation in the Fund.