(a) Every staff member of each member organization who fulfils the requirements of article 21(a) for participation in the Fund and is determined to be medically fit for employment by the member organization shall be accepted as medically fit for participation in the Fund.
(b) A participant who knowingly fails to disclose relevant medical information, or who falsifies information, shall not be entitled to receive a disability benefit under article 33(a) unless the condition giving rise to the disability is determined medically to be unrelated to the information that was not disclosed or was falsified.
(a) A participant or beneficiary may be required to supply information, and to furnish documentary or other proof thereof, in respect of any matter on which information or proof is deemed desirable by the Board for the purposes of these Regulations.
(b) Failure to supply such information or proof, or the omission or misrepresentation of any material fact therein shall enable the Board to redetermine the entitlements of the participant or beneficiary under these Regulations, provided that entitlement to participation or to a benefit shall not be less favorable than if the information or proof had been supplied or truly represented.
The Board may deduct from any benefit payable under these Regulations to a participant, or on his or her account, the amount of any indebtedness to the Fund by the participant or by any beneficiary or third person to whom payment has been made otherwise than in accordance with these Regulations, including interest and costs, where appropriate.
(a) Pursuant to Article 45 as described above, a participant or beneficiary may not assign his or her rights under these Regulations. Notwithstanding the foregoing, upon the request of a member organization, the Fund may remit a portion of a benefit payable to such participant to his/her former employing member organization, provided the participant is subject of a criminal conviction for fraud against that employing organization, evidenced by a final and executable court order issued by a competent national court. Such payment shall not convey to the employing organization a benefit entitlement from the Fund or (except as provided herein) provide any rights to the organization under the Regulations of the Fund or increase the total benefits otherwise payable by the Fund.
(b) The deduction may be applied to a benefit payable to a participant under these Regulations, including a withdrawal settlement or a lump sum commutation. The assignment shall normally be irrevocable; however, such payments shall cease following the death of the participant. The assignment shall not apply to a survivor’s benefit under article 34, 35, 35 bis and 35 ter of the Regulations.
(a) A participant or beneficiary may not assign his or her rights under these Regulations. Notwithstanding the foregoing, the Fund may, to satisfy a legal obligation on the part of a participant or former participant arising from a marital or parental relationship and evidenced by a final and executable order of a court or by a settlement agreement incorporated into a divorce or other court order, remit a portion of a benefit payable by the Fund to such participant for life to one or more former spouses and/or a current spouse from whom the participant or former participant is living apart. Such payment shall not convey to any person a benefit entitlement from the Fund or (except as provided herein) provide any rights under the Regulations of the Fund to such person or increase the total benefits otherwise payable by the Fund.
(b) To be acted upon, the requirement under the court order must be consistent with the Regulations of the Fund, as determined by the Chief Executive Officer of the Fund to be beyond any reasonable doubt, and on the basis of the available evidence. Once implemented, the assignment shall normally be irrevocable; however, a participant or former participant may request, upon satisfactory evidence based on a court order or a provision of a settlement agreement incorporated into a court decree, a new decision by the Chief Executive Officer that would alter or discontinue the payment or payments. Furthermore, such payment or payments shall cease following the death of the participant or former participant. If a designee predeceases the participant or former participant, the payments shall not commence, or if they have commenced, shall cease upon the designee’s death. In the event that the payment or payments have been diminished, discontinued, or have failed to commence or have ceased, the amount of the benefit payable to the participant or former participant shall be duly adjusted.
(a) The right to a withdrawal settlement or residual settlement shall be forfeited if for two years after payment has been due the beneficiary has failed to submit payment instructions or has failed or refused to accept payment.
(b) The right to a retirement, early retirement, deferred retirement or disability benefit, widow’s or widower’s benefit, divorced surviving spouse’s benefit, child’s benefit or secondary dependant’s benefit shall be forfeited if, for five years after the first payment has been due, the beneficiary has failed to submit payment instructions or has failed or refused to accept payment.
(c) The right to continued periodic payments of a retirement, early retirement, deferred retirement or disability benefit, widow’s or widower’s benefit, divorced surviving spouse’s benefit, child’s benefit or secondary dependant’s benefit shall be forfeited if, for two years after a periodic payment has been due, the beneficiary has failed to submit payment instructions, or has failed or refused to accept payment, or has failed to submit the duly signed Certificate of Entitlement.
(d) The right to a benefit shall nevertheless not be forfeited under (a), (b) or (c) above if its exercise has been prevented by circumstances beyond the control of the beneficiary.
(e) The Board may, if in its opinion there are circumstances which so warrant, restore the right to any benefit which has been forfeited.
(a) Applications alleging non‑observance of these Regulations arising out of decisions of the Board may be submitted directly to the United Nations Appeals Tribunal by:
(i) Any staff member of a member organization which has accepted the jurisdiction of the Tribunal in Joint Staff Pension Fund cases who is eligible under article 21 of these Regulations as a participant in the Fund, even after his or her employment has ceased, and any person who has succeeded to such staff member’s rights upon his or her death;
(ii) Any other person who can show that he or she is entitled to rights under these Regulations by virtue of the participation in the Fund of a staff member of such member organization.
(b) In the event of a dispute as to whether the Tribunal has competence, the matter shall be settled by a decision of the Tribunal.
(c) The decision of the Tribunal shall be final and without appeal.
(d) The time‑limits prescribed in article 7 of the Statute of the Tribunal are reckoned from the date of the communication of the contested decision of the Board.