Transitional Measures

Chapter XIII

Rule 13.1

Salary scales

         (a)    The salary levels of staff members in the Professional and higher categories and in the Field Service category that were higher than those at the maximum step of their grade upon conversion to the unified salary scale on 1 January 2017 shall be maintained as a pay protection measure, until such time as the staff member is selected for a position at a higher level within the same category or separated from service.

         (b)    Such salaries shall be adjusted for any consolidation of post adjustment to base salaries as approved by the General Assembly. Pensionable remuneration at those steps shall be maintained and shall be adjusted corresponding to those salaries when the pensionable remuneration scale is adjusted.

Rule 13.2

Permanent appointment

         (a)    Staff members holding a permanent appointment shall retain the appointment until they separate from the Organization. Effective 1 July 2009, all permanent appointments shall be governed by the terms and conditions applicable to continuing appointments under the Staff Regulations and the Staff Rules, except as provided under the present rule.

         (b)    (i)     The senior review bodies and central review bodies shall review recommendations for the termination of permanent appointments for unsatisfactory service under staff regulation 9.3 (a) (ii);

         (ii)    No termination under staff regulation 9.3 (a) (v) shall take place until the matter has been considered and reported on by a special advisory board appointed for that purpose by the Secretary-General. The special advisory board shall be composed of a Chair appointed by the Secretary-General on the nomination of the President of the International Court of Justice and four members appointed by the Secretary-General in agreement with the Staff Council.

         (c)    Staff regulation 9.3 (b) does not apply to permanent appointments.

         (d)    If the necessities of service require abolition of a post or reduction of the staff and subject to the availability of suitable posts for which their services can be effectively utilized, staff members with permanent appointments shall be retained in preference to those on all other types of appointments, provided that due regard shall be given in all cases to relative competence, integrity and length of service. Due regard shall also be given to nationality in the case of staff members with no more than five years of service and in the case of staff members who have changed their nationality within the preceding five years when the suitable posts available are subject to the principle of geographical distribution.

         (e)    The provisions of paragraph (d) above insofar as they relate to staff members in the General Service and related categories shall be deemed to have been satisfied if such staff members have received consideration for suitable posts available within their parent organization at their duty station.

         (f)     Staff members specifically recruited for service with the United Nations Secretariat or with any programme, fund or subsidiary organ of the United Nations that enjoys a special status in matters of appointment under a resolution of the General Assembly or as a result of an agreement entered by the Secretary-General have no entitlement under paragraph (e) above for consideration for posts outside the organ for which they were recruited.

Rule 13.3

Indefinite appointment

         (a)    A staff member holding an indefinite appointment as at 30 June 2009 shall retain the appointment until the staff member separates from the Organization. Effective 1 July 2009, the staff member s indefinite appointment shall be governed by the terms and conditions applicable to continuing appointments under the Staff Regulations and the Staff Rules, except as provided under the present rule.

         (b)    Staff members holding an indefinite appointment may resign by giving 30 days written notice.

         (c)    The Secretary-General may at any time terminate the appointment of a staff member who holds an indefinite appointment if in the opinion of the Secretary-General such action would be in the interest of the United Nations. Staff regulation 9.3 (b) does not apply to indefinite appointments.

Rule 13.4

Acquired right to normal retirement age

         (a)    Staff members with a pension participation start or restart date prior to 1 January 2014 have an acquired right to their normal retirement age as defined under staff rule 9.5 (Retirement).

         (b)    Staff members who wish to exercise their acquired right as described in paragraph (a) above and separate from service at their normal age of retirement or anytime thereafter before the age of 65 shall give written notice of three months if holding a continuing appointment, or 30 calendar days if holding a fixed-term appointment. The Secretary-General may, however, accept shorter notice.

         (c)    The mandatory age of separation of a staff member who reaches the age of 60 or 62 on or prior to 31 December 2017 shall not be reset to 65, including if that staff member is exceptionally retained in service beyond the mandatory age of separation of 60 or 62, as applicable, beyond 1 January 2018.

Rule 13.5

Acquired rights to pensionable remuneration levels

         The levels of pensionable remuneration shall be protected for any staff members who would otherwise have a lower level of pensionable remuneration following the entry into force of the revised common scale of staff assessment on 1 January 2019.

Rule 13.6

Repatriation grant

         A staff member who was eligible for a repatriation grant under staff rule 3.19 (Repatriation grant) in effect on 30 June 2016, but who is no longer eligible for such grant under staff rule 9.12 (Repatriation grant), shall be paid a repatriation grant in accordance with the schedule set out in annex IV to the Staff Regulations in effect on 30 June 2016 for the number of years of qualifying service accrued as at 30 June 2016.