2 December 2001

The question of entitlement to survivor's benefits for UN spouses and former spouses has been pursued by the UNWG-Geneva in close and constructive cooperation with UNJSPF, CCAQ, FICSA, FAFICS, UNESCO, ITU, IMO, ILO, WHO, etc. since late 1991. Some important results have been so far achieved. They should be brought to the attention of concerned former UN spouses as soon and as widely as possible. Therefore, those who know or have heard of some of these former UN spouses in need are kindly requested to bring to their attention the following articles of the UNJSPF's Regulations, as amended in 1997, 1998 and 2000. (*)

1. 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;

2. 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 Secretary, all of the following conditions are fulfilled:
   1. 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;

   2. The former spouse had nor remarried;

   3. 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;

   4. 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

   5. Evidence is provided by the former spouse that the participant's pension entitlement from the Fund was not taken into account in a divorce settlement.

3. A former spouse who, in the opinion of the Secretary, 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.

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

5. The divorced spouse of a former participant who separated before 1 April 1999 and, in the opinion of the Chief Executive Officer of the Fund, met all the other eligibility conditions in paragraphs (a) and (b) of this article shall be entitled as from 1 April 1999 to a benefit equal to twice the minimum surviving spouse's benefit under article 34 (c), subject to the provision that the amount of such benefit cannot exceed the amount payable to a surviving spouse of the former participant."

1. 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 180 days of the date of marriage or of the entry into force of this provision, if later, and shall become effective one year after the date of marriage, or one year after the date of entry into force of this provision, as appropriate. 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 the death of the spouse, in which case it will be considered terminated as from the date.

2. Any election made under paragraph (a) shall be subject to the following:
1. 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

2. 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.

1. A participant or beneficiary may not assign his or her rights under these Regulations. Notwithstanding due 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 an 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.

2. 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 adjusted.

As regards the confidentiality issue, the following amendment of Administrative Rule B.4 entered into force on 1 august 1997, with the additions to the former text marked by underlining:

B.4 Information provided by or in respect of a participant or beneficiary under the Regulations or these Rules shall not be disclosed without his written consent or authorisation, except in response to a court order or a request from a judicial or civil authority in the context of divorce or family maintenance obligations. In such case the Secretary shall immediately notify the participant or beneficiary of the order or request. If after 30 days the participant or beneficiary has not acted in response to the court order or request, the Secretary may supply the following information:

1. Amount of benefits received and in payment for a beneficiary;
2. Accrued entitlements for an active participant; and
3. Address of beneficiary.