Separation from service

Article IX

         Staff members may resign from service upon giving the Secretary-General the notice required under the terms of their appointment.

         Staff members shall not be retained in active service beyond the age of 65 years. The Secretary-General may, in the interest of the Organization, retain staff members in service beyond this age limit in exceptional cases.

         (a)    The Secretary-General may, giving the reasons therefor, terminate the appointment of a staff member who holds a temporary, fixed-term or continuing appointment in accordance with the terms of his or her appointment or for any of the following reasons:

         (i)     If the necessities of service require abolition of the post or reduction of the staff;

         (ii)    If the services of the staff member prove unsatisfactory;

         (iii)   If the staff member is, for reasons of health, incapacitated for further service;

         (iv)   If the conduct of the staff member indicates that the staff member does not meet the highest standards of integrity required by Article 101, paragraph 3, of the Charter;

         (v)    If facts anterior to the appointment of the staff member and relevant to his or her suitability come to light that, if they had been known at the time of his or her appointment, should, under the standards established in the Charter, have precluded his or her appointment;

         (vi)   In the interest of the good administration of the Organization and in accordance with the standards of the Charter, provided that the action is not contested by the staff member concerned;

         (b)    In addition, in the case of a staff member holding a continuing appointment, the Secretary-General may terminate the appointment without the consent of the staff member if, in the opinion of the Secretary-General, such action would be in the interest of the good administration of the Organization, to be interpreted principally as a change or termination of a mandate, and in accordance with the standards of the Charter;

         (c)    If the Secretary-General terminates an appointment, the staff member shall be given such notice and such indemnity payment as may be applicable under the Staff Regulations and Rules. Payments of termination indemnity shall be made by the Secretary-General in accordance with the rates and conditions specified in annex III to the present Regulations;

         (d)    The Secretary-General may, where the circumstances warrant and he or she considers it justified, pay to a staff member whose appointment has been terminated, provided that the termination is not contested, a termination indemnity payment not more than 50 per cent higher than that which would otherwise be payable under the Staff Regulations.

         The Secretary-General shall establish a scheme for the payment of repatriation grants in accordance with the maximum rates and under the conditions specified in annex IV to the present Regulations.

Chapter IX

Definition of separation

         Any of the following shall constitute separation from service:

         (a)    Resignation;

         (b)    Abandonment of post;

         (c)    Expiration of appointment;

         (d)    Retirement;

         (e)    Termination of appointment;

         (f)     Death.

Resignation

         (a)    A resignation, within the meaning of the Staff Regulations and Rules, is a separation initiated by a staff member.

         (b)    Unless otherwise specified in their letters of appointment, staff members shall give written notice of resignation according to their type of appointment, as provided in the table below.

The Secretary-General may accept resignations on shorter notice.

         (c)    The Secretary-General may require the resignation to be submitted in person in order to be acceptable.

Abandonment of post

         Abandonment of post is a separation initiated by the staff member other than by way of resignation.

Expiration of appointments

         A temporary or fixed-term appointment shall expire automatically and without prior notice on the expiration date specified in the letter of appointment.

Retirement

         (a)    Staff members may separate from service on retirement on or after reaching their normal retirement age, as provided in the table below, but no later than 65 years of age, which is the mandatory age of separation.

         (b)    Staff members who separate from service on or after reaching the normal retirement age may be eligible for retirement benefits as provided for under article 28 of the Regulations of the United Nations Joint Staff Pension Fund.

Termination

Definitions

         (a)    A termination within the meaning of the Staff Regulations and Rules is a separation from service initiated by the Secretary-General in accordance with the terms of the appointment or on the grounds set out in staff regulation 9.3 (a) or (b).

         (b)    Separation as a result of resignation, abandonment of post, expiration of appointment, retirement or death shall not be regarded as a termination within the meaning of the Staff Rules.

Termination for abolition of posts and reduction of staff

         (c)    Except as otherwise expressly provided in paragraph (d) below and staff rule 13.2 (Permanent appointment), if the necessities of service require that appointments of staff members be terminated as a result of the abolition of a post or the reduction of staff, and subject to the availability of suitable posts in which their services can be effectively utilized, provided that due regard shall be given in all cases to relative competence, integrity and length of service, staff members shall be retained in the following order of preference:

         (i)     Staff members holding continuing appointments;

         (ii)    Staff members recruited through competitive examinations for a career appointment serving on a two-year fixed-term appointment;

         (iii)   Staff members holding fixed-term appointments.

When the suitable posts available are subject to the principle of geographical distribution, due regard shall also be given to nationality in the case of staff members with less than five years of service and in the case of staff members who have changed their nationality within the preceding five years.

         (d)    The provisions of paragraph (c) 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 stations.

         (e)    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 this rule for consideration for posts outside the organ for which they were recruited.

Termination for unsatisfactory service

         (f)     The appointment of a staff member may be terminated for unsatisfactory service under conditions established by the Secretary-General.

Termination for health reasons

         (g)    The appointment of a staff member who has not attained the normal age of retirement as defined under article 1 (n) of the Regulations of the United Nations Joint Staff Pension Fund but whose physical or mental condition or extended illness has rendered the staff member incapacitated for further service may be terminated after exhaustion of any sick leave entitlement.

Termination for disciplinary reasons

         (h)    The Secretary-General may terminate the appointment of a staff member for disciplinary reasons in accordance with staff rule 10.2 (a) (viii) and (ix).

Notice of termination

         (a)    A staff member whose appointment is to be terminated shall be given written notice in accordance with the notice period set forth in the table below.

Notwithstanding the notice periods set forth in the table above, in the case of a staff member holding a fixed-term or temporary appointment, the applicable notice period shall be the notice period stipulated in the staff member s letter of appointment.

         (b)    In lieu of the notice period, the Secretary-General may authorize compensation equivalent to salary, applicable post adjustment and allowances corresponding to the relevant notice period at the rate in effect on the last day of service.

         (c)    No termination notice or compensation in lieu thereof shall be given in case of dismissal.

Termination indemnity

         (a)    Payment of termination indemnity under staff regulation 9.3 and annex III to the Staff Regulations shall be calculated as shown in the table below.

         (b)    Length of service shall be deemed to comprise the total period of a staff member s full-time continuous service. Continuity of such service shall not be considered as broken by periods of special leave. However, service credits shall not accrue during periods of special leave with partial pay or without pay of one full month or more.

         (c)    Termination indemnity shall not be paid to any staff member who has reached the mandatory age of separation of 65 years and will receive a retirement benefit under article 28 of the Regulations of the United Nations Joint Staff Pension Fund. Termination indemnity shall not be paid to any staff member who, upon separation from service, will receive compensation for total disability under staff rule 6.4 (Compensation for death, injury or illness attributable to service). 

Special leave for pension purposes upon termination

         (d)    Upon application of a staff member who is to be separated as a result of an agreed termination of appointment or because of abolition of post or reduction in staff, the Secretary-General may place the staff member on special leave without pay for pension purposes pursuant to staff rule 5.5 (c) under conditions to be established by the Secretary-General, if the staff member is:

         (i)     Within 2 years of reaching the applicable qualifying age for an early retirement benefit under article 29 of the Regulations of the United Nations Joint Staff Pension Fund and 25 years of contributory service in the United Nations Joint Staff Pension Fund; or

         (ii)    Over the applicable qualifying age for an early retirement benefit under article 29 of the Regulations of the United Nations Joint Staff Pension Fund and within 2 years of 25 years of contributory service in the United Nations Joint Staff Pension Fund.

         (e)    The Organization will, on the written request of the staff member prior to being placed on special leave pursuant to the preceding paragraph, pay the pension contribution of the Organization and/or the staff member during the period of special leave. The total amount of these contributions will be deducted from the termination indemnity otherwise payable.

         (f)     Staff members who have been placed on special leave as described in paragraph (d) above shall sign an undertaking acknowledging that their status on special leave is solely for pension purposes and that their entitlements and those in respect of any dependants to all other emoluments and benefits under the Staff Regulations and Rules are determined as final as at the date of commencement of such special leave.

Grant upon death

         (a)    A grant shall be payable upon the death of a staff member to the surviving spouse and dependent children (if any), provided that the staff member, at the time of death, held an appointment of one year or longer or had completed at least one year of service. The grant shall be payable under conditions established by the Secretary-General and in accordance with the schedule shown in the table below.

         (b)    The grant shall be calculated as shown in the table below.

Commutation of accrued annual leave

         (a)    If, upon separation from service staff members have accrued annual leave, they shall be paid a sum of money in commutation of the period of such accrued leave up to a maximum of 18 working days for staff holding a temporary appointment and up to a maximum of 60 working days for staff holding a fixed-term or continuing appointment, in accordance with staff rules 4.17 (Reinstatement), 4.18 (Re?employment) and 5.3 (Annual leave). The payment shall be calculated as shown in the table below.

         (b)    No payment in commutation of the period of accrued annual leave shall be made to a staff member who is dismissed under staff rule 10.2 (a) (ix) for sexual exploitation or sexual abuse in violation of staff rule 1.2 (e) (Specific instances of prohibited conduct).

Restitution of advance annual and sick leave

         On separation, a staff member who has taken advance annual or sick leave beyond that which the staff member has subsequently accrued shall make restitution for such advance leave by means of a refund or an offset against any payment due to the staff member, equivalent to the remuneration received, including allowances and other payments, in respect of the advance leave period. The Secretary-General may waive this requirement if in the opinion of the Secretary-General there are exceptional or compelling reasons for doing so.

Repatriation grant

Purpose

         (a)    The purpose of the repatriation grant provided by staff regulation 9.4 is to assist in the re-establishment of expatriate staff members in a country other than the country of the last duty station, provided that they meet the conditions contained in annex IV to the Staff Regulations and in this rule.

Definitions

         (b)    The following definitions shall be used in ascertaining whether the conditions contained in annex IV to the Staff Regulations and this rule are met:

         (i)     Country of nationality shall mean the country of nationality recognized by the Secretary-General;

         (ii)    Dependent child shall mean a child recognized as dependent under staff rule 3.5 (a) (iii) at the time of the staff member s separation from service;

         (iii)   Home country shall mean the country of home leave entitlement under staff rule 5.4 (Home leave) or such other country as the Secretary-General may determine;

         (iv)   Obligation to repatriate shall mean the obligation to return a staff member and eligible family members, upon separation, at the expense of the United Nations, to a place outside the country of the last duty station at the time of separation;

         (v)    Qualifying service shall mean five years or more of continuous service on a fixed-term or continuing appointment and residence away from the home country and the country of nationality of a staff member, or the country where the staff member has acquired permanent resident status.

Eligibility, amount and computation of the grant

         (c)    Staff members who are internationally recruited pursuant to staff rule 4.5 shall be eligible for payment of the repatriation grant in accordance with the amount set forth in annex IV to the Staff Regulations, provided that they meet the following conditions:

         (i)     The Organization had the obligation to repatriate the staff members upon separation from service after qualifying service as defined in staff rule 9.12 (b) (v);

         (ii)    The staff members resided outside their home country and country of nationality while serving at the last duty station at the time of separation;

         (iii)   The staff members have not been dismissed or separated from service on grounds of abandonment of post;

         (iv)   The staff members do not have permanent resident status in the country of the duty station at the time of separation.

         (d)    When both spouses are staff members and each is entitled to payment of a repatriation grant on separation from service, the amount of the grant paid to each spouse shall be calculated in accordance with terms and conditions established by the Secretary-General.

Payment of the repatriation grant

         (e)    Payment of the repatriation grant after separation of an eligible staff member shall require submission of documentary evidence satisfactory to the Secretary-General that the former staff member has relocated away from the country of the last duty station at the time of separation.

         (f)    When a staff member receives a new appointment in the United Nations common system less than 12 months after separation, the amount of any payment for repatriation grant shall be adjusted so that the number of months, weeks or days of salary to be paid at the time of the separation after the new appointment, when added to the number of months, weeks or days paid for prior periods of service, does not exceed the total of months, weeks or days that would have been paid had the service been continuous.

         (g)    In the event of the death of an eligible staff member, no payment shall be made unless there is a surviving spouse or one or more dependent children whom the United Nations is obligated to repatriate. If there are one or more such survivors, payment shall be made under terms and conditions established by the Secretary-General.

Time limitation for submission of the claim

         (h)    Entitlement to the repatriation grant shall cease if no claim has been submitted within two years after the effective date of separation, or under conditions established by the Secretary-General. However, when both spouses are staff members and the spouse who separates first is entitled to the repatriation grant, the claim for payment of the grant by that spouse shall be considered receivable if made within two years of the date of separation of the other spouse.

Last day for pay purposes

         (a)    When a staff member is separated from service, the date on which entitlement to salary, allowances and benefits shall cease shall be determined according to the table below.

         (b)    When an internationally recruited staff member has an entitlement to return travel under staff rule 7.2 (a) (viii), this shall not affect the determination of the last day for pay purposes in accordance with the provisions of paragraph (a) above. In the case of resignation, expiration of temporary or fixed-term appointment, termination or retirement, the staff member shall be paid, on separation, an additional amount for days of authorized travel estimated on the basis of uninterrupted travel by an approved route, mode and standard of travel from the duty station to the place of entitlement to return travel. Such amount shall be calculated as is done for the commutation of accrued annual leave under staff rule 9.10 above.

Certification of service

         Any staff member who so requests shall, on leaving the service of the United Nations, be given a statement relating to the functions performed and the length of service. On the staff member s written request, the statement shall also refer to the staff member s quality of work and official conduct.