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The UNJSPF Regulations do not give an absolute right in the participant or retiree’s pension benefits to the divorced spouse of a present or former UNJSPF participant. However, the provisions of Article 45 of the UNJSPF Regulations may be applied.

No, since the potential survivorship element is not taken into account in the calculation of a pension benefit, the amount of the retiree’s pension will not be different due to the fact that he/she is no longer married.

The participant or retiree, his/her former spouse and/or their respective legal representatives may contact the Fund in regard to divorce proceedings and any issues concerning the disposition of UNJSPF pension benefits as part of the divorce settlement. Disclosure of information will be subject to the Fund’s confidentiality requirements (see above). Once the divorce is finalized, the relevant signed court order, including the divorce settlement agreement addressing UNJSPF benefits, should be submitted to the Fund as soon as possible in order to update the Fund’s records in regard to survivor’s benefits, and also with respect to action, if any, to be taken by the Fund in relation to the divorce.

No, your spouse married after your separation from service would not be eligible for a survivor’s benefit in the event of your death. However, under Article 35 ter of the UNJSPF Regulations, you may purchase a benefit (annuity) for a spouse married after separation from service through a reduction in your own monthly benefit by submitting an application to the UNSJPF within one year of the date of marriage/remarriage.

The former participant may, at the time of his/her retirement, formally request that a portion of his/her benefit be remitted directly to his/her former or estranged spouse. Alternatively, the former or estranged spouse may submit the request at that time. The request should be accompanied by a copy of the signed court order(s) as well as any divorce settlement agreement or other relevant documentation to support the request. The decision as to whether or not to apply Article 45 in a particular case is at the discretion of the Chief Executive of Pension Administration.

Yes, before the exercise of the above-mentioned discretion by the Chief Executive of Pension Administration, the UNJSPF retiree will be notified in order to obtain his/her comments.

No, given that the application of article 45 is at the discretionary authority of the Chief Executive of Pension Administration and due to the fact that the Fund is not subject to the jurisdiction of national courts, it is not obliged to assign the exact amount or percentage ordered by a national court. In cases where the deduction is stated as a specific amount rather than a percentage, the amount is normally converted to a percentage of the monthly pension benefit payable to the retiree. This allows for cost of living adjustments to be applied in respect of the assigned amount.

The Fund does not normally deduct more than 50% of the gross monthly pension benefit of the retiree in relation to court orders for alimony or child support.

The deduction is implemented on a prospective basis. Both the retiree and the former or estranged spouse will be advised of the decision of the Chief Executive of Pension Administration and a request will be made for the submission of signed original payment instructions (Form PF.23, pages 2 and 3) from the former or estranged spouse, if they have not already been submitted.

Only in the event that a new court order is issued altering the amount payable by the retiree to his/her former or estranged spouse or in respect of child support; the Chief Executive of Pension Administration will review the request to amend the amount and determine the extent to which the Fund can implement the change. 

Deductions from the monthly benefit will cease, as there is no longer a pension benefit payable to the retiree. The Fund will determine what, if any, survivor’s benefits are payable, including a divorced surviving spouse’s benefit.

Should the former or estranged spouse pre-decease the retiree, the deductions will cease and the full retirement benefit will become payable to the retiree with effect from the next month following the death of the former or estranged spouse.

Yes, upon request the Fund can issue a benefit statement of amounts paid to a former or estranged spouse.

The former spouse of a participant or of a retiree, who survives the said participant or retiree, can request a divorced surviving spouse’s benefit.

The following four conditions have to be met, which are set out in Article 35 bis (b) of the UNJSPF Regulations:

1. The former spouse must have been married to the participant or retiree for a minimum continuous period of 10 years during which contributions were paid to the UNJSPF in respect of the participant or retiree;
2. The participant’s death must have occurred within 15 years of the date when the divorce became final unless at the time of death the participant or retiree was under a legal obligation to pay maintenance to the former spouse;
3. The former spouse must have reached the age of 40, otherwise, payment will commence upon his or her 40th birthday;
4. The divorce settlement does not contain an express renouncement of UNJSPF pension benefit entitlements by the former spouse.

If the participant or retiree separated from the service of a UNJSPF member organization before 1 April 1999, the divorced surviving spouse’s benefit is a fixed amount. As of 1 April 2009 this amount is estimated at US$ 9,337.00 per year (US$ 778.00 per month). However, the amount payable cannot exceed the amount payable to a surviving spouse of the former participant. If the participant or retiree separated from the service of a UNJSPF member organization on or after 1 April 1999 and there is one or more surviving spouse(s) entitled to a widow’s/widower’s benefit, the survivor’s benefit is divided between the surviving spouse(s) and the former spouse(s) in proportion to the duration of their marriages to the participant/retiree. If the participant or retiree separated from the service of a UNJSPF member organization on or after 1 April 1999, and there is no widow/widower entitled to a survivor’s benefit, the divorced surviving spouse’s benefit is normally equivalent to half of the full benefit payable to the participant or to the retiree.

If the participant or retiree separated from the service of a UNJSPF member organization before 1 April 1999, payment of the divorced surviving spouse’s benefit is due as of the first day of the month following the date of the participant’s/retiree’s death or as of 1 April 1999, whichever is later. If the participant or retiree separated from the service of a UNJSPF member organization on or after 1 April 1999, payment of the divorced surviving spouse’s benefit is due as of the first day of the month following the date of the Chief Executive of Pension Administration’s decision authorizing the entitlement to the benefit.

This benefit is paid monthly to the bank account specified by the divorced surviving spouse in the original signed payment instructions submitted to the Fund, and for as long as he/she is alive, in accordance with article 35 bis of the UNJSPF Regulations.

Pursuant to Article 45, the Fund will only assist in implementing court orders for deductions to be made from amounts paid monthly to the retiree. If the divorce settlement agreement provides for payment of a lump sum, the retiree is responsible for discharging the obligation to make such payment.

In cases where the retiree elects to receive part of his/her benefits as a lump sum, the Fund does not make any deduction of amounts due under a court order to a former spouse. It remains the obligation of the retiree to make the payment.

The UNJSPF is a defined benefit plan. The Fund does not provide actuarial values for accrued UNJSPF pension rights. However, a participant or retiree may request an estimate of his/her pension benefit(s), including the amount of a one-time withdrawal settlement, reflecting the amount he/she would have become entitled to as at the time of a specific hypothetical separation date. Participants can also obtain an estimate through Member Self-Service.

(a) Participants in the Fund receive an annual statement each year, which provides pension-related details arising from their individual employment with a UNJSPF member organization. This can also be accessed through the UNJSPF website using the participant’s individual account.

(b) Survivors’ benefits for a divorced surviving spouse are governed by Article 35 bis of the UNJSPF Regulations; a determination as to eligibility is only made at the time of death of the participant or retiree. The Fund cannot give any authoritative “pre-approvals” regarding eligibility.

(c) If the divorce settlement has an express renouncement of UNJSPF pension benefit entitlements, there is no article 35 bis entitlement to a divorced spouse.

(d) Pursuant to Article 45 of the UNJSPF Regulations, the Fund may, at the discretion of the Chief Executive of Pension Administration, assist in satisfying a legal obligation on the part of a UNJSPF beneficiary arising from a marital or parental relationship and evidenced by a court order or by a court-approved settlement agreement.

(e) The Fund does not have, nor require, the completion of any specific form, or formal requirements on the language of the relevant national court order (including Qualified Domestic Relations Order (QDRO) in the United States), to consider the possible application of Article 45 or Article 35 bis in a particular case. A QDRO can, however, serve as the underlying basis for applying Article 45 and Article 35 bis.

(f) The Fund has no samples of court orders to provide to attorneys. Equally, the Fund does not normally review specific (draft) agreements or offer individual legal advice when drafting the agreements, except when queries relate to the UNJSPF Regulations and Rules and their application.

(g) A participant or retiree may request the application of Article 45 at the time of his/her retirement, or thereafter, to have a portion of his/her benefit directly remitted to his/her former or estranged spouse, in accordance with the relevant court order and signed, original payment instructions. Alternatively, the request can be submitted by the former or estranged spouse with the relevant documentation.

(h) The actual determination of the possible application of Article 45 in a particular case would be done only after the participant is separated from the service of his/her employing organization.

(i) Before the exercise of the above-mentioned discretion by the Chief Executive of Pension Administration, the participant will be notified in order to obtain his/her comments.

(j) Under a strict rule of confidentiality, the Pension Fund secretariat cannot provide any particular pension information to third parties, including former or estranged spouses or their lawyers. Only upon prior written authorization of the present or former participant concerned can such information be released. Alternatively, limited information may be provided pursuant to a court order in accordance with Section B.4 of the UNJPSF Administrative Rules.