UNDT/2023/095 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2023/095, Rodriguez Santorum

UNAT Held or UNDT Pronouncements

With reference to the relevant legal framework, no matter what status is given to the Applicant’s previous and/or current employment with the IOM in the context of the ASHI scheme, at the relevant time of applying for ASHI, the Applicant was not within a time period of 31 days before or after separation when an application for ASHI must be submitted.

Accordingly, even if the terms of the contested decision were misleading, the Applicant had no right to be enrolled in the ASHI scheme when he applied for it.

Decision Contested or Judgment Appealed

The rejection of the Applicant request for after-service health insurance (“ASHI”) by the Health and Life Insurance Section (“HLIS”) in the United Nations Secretariat.

Legal Principle(s)

The Tribunal notes that under art. 7.1 of ST/AI/2007/3, an application for ASHI “may be submitted to the office administering the after-service health insurance plan up to 31 days prior to separation but no later than 31 days following the date of separation”. Article 65 of ST/IC/2022/9 further specifies that, “Staff members are reminded that, among the eligibility requirements for after service health insurance coverage, the applicant must be enrolled in a United Nations scheme at the time of separation from service. Enrolment in the after-service health insurance programme is not automatic. Application for enrolment must be made within 31 days before or 31 days after the date of separation”.

Outcome

Dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Rodriguez Santorum

Entity

IOM

Case Number(s)

UNDT/NY/2023/001

Tribunal

UNDT

Registry Location :

New York