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UNDT/2023/051, Dia

UNAT Held or UNDT Pronouncements

Since the Applicant’s re-employment and new appointment occurred after 1 July 2007, his eligibility to participate in ASHI is contingent on his fulfilling the criteria laid out in sec. 2.1(a)(ii) of ST/AI/2007/3. Specifically, he is required to have been a participant in a contributory health insurance plan of the United Nations for a minimum of ten years.

Decision Contested or Judgment Appealed

The Applicant contests the decision to find him ineligible to participate in the Organization’s after-service health insurance plan (“ASHI”).

Legal Principle(s)

The Appeals Tribunal has upheld the position that “a staff member who is re-employed is treated ashaving a new appointment without regard to any period of former service. Periods of formerservice will be relevant only in cases enumerated in Staff Rule [4.18(c)] – terminationindemnity, repatriation grant or commutation of accrued annual leave […] ASHI is not one of the exclusions specified in Staff Rule [4.18(c)]”.

Outcome
Dismissed on merits
Outcome Extra Text

The record shows that following his re-employment, the Applicant was not a participant in such a contributory health insurance plan for a minimum of ten years prior to his retirement. He was only a participant during a period of service which amounted to 4 years and 29 days. As a result, the Tribunal finds that the Applicant does not satisfy the criteria for enrolment and, therefore, is not eligible to participate in ASHI.

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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.

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Dia
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