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The UNAT held that Mr. Kankwenda, a late participant in the UNJSPF, married another individual, Ms. M.T., in the Democratic Republic of Congo (DRC) in 1971.  This fact, which Ms. Isasi herself did not contest, was supported by a marriage certificate and was consistent with the information regarding the dates of birth of Mr. Kankwenda’s children and the identities of their mothers.  The UNAT highlighted that Ms. Isasi admitted that the two marriage certificates she submitted after Mr. Kankwenda’s death, purportedly showing their marriage on 17 January 1971, were falsified, undermining her...

Ms. Larriera sought revision of the UNAT judgment on the grounds that new decisive facts had emerged from the French government regarding her relationship with the deceased participant of the UNJSPF, Mr. M. Specifically, she maintains that the French government has endorsed the findings of a Brazilian court that she was in a “stable union” with Mr. M., and that this has also been annotated on the death certificate of Mr. M.

UNAT observed that Ms. Larriera’s application for revision was untimely. In addition, UNAT concluded that these allegedly decisive facts occurred in 2021, well after the...

The UNAT considered an appeal by Ms. Mukomah.

The UNAT held that Ms. Mukomah’s submission that she was the spouse of the late participant at the time of his death and is therefore entitled on that basis to a widow’s benefit under Article 34 of the Fund’s Regulations, was not sustainable based on the evidence before the UNAT. 

The UNAT found that there was insufficient evidence proving that the late participant and Ms. Mukomah lawfully entered a (second) union legally recognized by the competent authority of Kenya conferring similar legal effects as a marriage in relation to pension rights...

The UNAT denied Ms. Banyanga’s appeal and affirmed the decision of the Standing Committee.  The UNAT found that Ms. Banyanga had not adequately explained the inconsistencies between her own personal information and the information submitted by Mr. Mbirange regarding his reported spouse (including that the name “Banyanga” did not appear in the documentation that Mr. Mbirange provided about his spouse).

The UNAT also rejected Ms. Banyanga’s reliance on the marriage certificate that she submitted, which showed a purported date of marriage in 1997.  The UNAT observed that Mr. Mbirange entered...

UNAT considered the appeal and affirmed UNJSPF’s decision. UNAT found that UNJSPF submitted credible evidence that demonstrated that the Cameroon divorce decree was invalid and that the deceased at no time commenced proceedings to dissolve his marriage to his first wife apart from the USA divorce proceedings, which were terminated by his death. In drawing this conclusion, UNAT found it unnecessary to address the additional reliefs sought by the Appellant. UNAT accordingly affirmed UNJSPF’s decision to award the widow’s benefit to the former staff member’s first wife and denied all reliefs...

UNAT considered the Appellant’s appeal and had to determine: whether her marriage to the late former staff member was legally valid at the time of his separation from the Organisation in 1998; and whether the Organisation created a legal expectancy of acknowledgement of benefits to the Appellant. UNAT found that the former staff member’s alleged divorce from his first wife was not legally valid because the authorities pronouncing it were not competent and did not apply the law under which the marriage had been concluded. It follows that his second marriage to the Appellant was not valid at the...

UNAT held that the Appellant was essentially seeking an amendment to the Regulations of the UNJPSF in such a way as to enable her benefit to be paid retroactively to the date of the death in service of her husband, which was prior to 1 April 1999. UNAT held that the criteria proposed by the Appellant to pay the benefit were not in force to be applied to her case. UNAT held that the UNJSPF correctly applied the UNJSPF Regulations. UNAT dismissed the appeal and affirmed the impugned decision.

UNAT held that the record reflected that: Michael and Jacqueline married in 1986; they had lived as husband and wife, and Jacqueline was Michael’s wife on the date of his separation from service in 1998 and on the date of his death in 2008. UNAT held that Michael’s first wife was unable to produce a marriage certificate and the divorce decree she produced was not proof of marriage, despite the date of marriage having been mentioned therein. UNAT held that the divorce decree could not be the sole basis of declaring Jacqueline’s marriage to Michael invalid. UNAT held that Jacqueline was entitled...

UNAT held that the appeal concerned the interpretation of Article 35 of the UNJSPF Regulations. UNAT found that the Appellant wanted the Standing Committee to accept the period of contributory service with the Fund in order to calculate his own benefit but to take into account a different period vis-à-vis his former spouse. UNAT held that Articles 35bis and 22 of the UNJSPF Regulations were clear and that it could not distinguish where the text was clear. UNAT held that the same date would apply to the calculation of the Appellant’s benefits and the determination of whether his former spouse...

UNAT held that the Applicant was not entitled to a widow’s benefit under Article 34 of the UNJPSF Regulations as she married Mr Williams, her deceased husband, after his separation from service. UNAT noted that, under Article 35ter of the UNJSPF Regulations, the survivor’s benefit had to be purchased by a retiree who marries after separation from service as an annuity within a prescribed one-year deadline after the date of the marriage. UNAT noted that Mr Williams had elected not to do so. UNAT held that there was no obligation for UNJSPF to inform Mr Williams of the option. UNAT held that...