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IRC: #techbytes @ Techrights IRC Network: Wednesday, January 10, 2024

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schestowitz"ILOAT Submission - Dossier RI/2018/058 - Contribution rates to the New Pension Scheme (NPS) and Salary Savings Plan (SSP)Jan 10 03:52
schestowitzOn the 28 July 2023 the Office issued its final negative decision on the appeal case RI/2018/058 concerning the contribution rates to the New Pension Scheme (NPS) and Salary Savings Plan (SSP).  According to the regulations of the Tribunal, a complaint must be filed within a 90 days period from the decision. If you received the decision on the 28 July 2023 your deadline is by the 26 Oct 2023.Jan 10 03:52
schestowitzSUEPO has engaged a reputable law firm to prepare the necessary documents for your submission to the ILOAT.Jan 10 03:52
schestowitzThe complaint brief, form template, and the annexes as listed below are only available to SUEPO members and were emailed today. Please contact your local union if you are a member and have not yet received the template or if you are interested in becoming a member and would like to receive it:Jan 10 03:52
schestowitzList of documents:Jan 10 03:52
schestowitz    Complaint BriefJan 10 03:52
schestowitz    Complaint FormJan 10 03:52
schestowitz    AnnexesJan 10 03:52
schestowitz    Instructions for submissionJan 10 03:52
schestowitz"Jan 10 03:52
schestowitz"Jan 10 03:52
schestowitz<DaemonFC> I think we have a biologist.Jan 10 03:53
schestowitzDaemonFC: not sure who this was aboutJan 10 03:53
schestowitz"NB:Jan 10 03:54
schestowitz    Please note that all the documents that are not in English or French need to be translated in one of the two languages. This also applies to salary slipsJan 10 03:54
schestowitz    The EPO’s outbox has a limit of about 10 Mb per email. The Tribunal’s inbox has a limit of 18 Mb per email. You may use multiple emails to send all the required annex files to the TribunalJan 10 03:54
schestowitz"Jan 10 03:54
DaemonFCschestowitz: RightyJan 10 03:57
schestowitzprobably mateyJan 10 03:57
schestowitzaka figosdevJan 10 04:00
schestowitz"Jan 10 04:02
schestowitzOn 30 May 2023, the Appeals Committee (ApC) issued an opinion in respect of appeal RI/2018/058 concerning changes to contribution rates to the New Pension Scheme (NPS) and Salary Savings Plan (SSP). The ApC’s opinion was unanimous and comprised inter alia the recommendation that changes should be re-examined on the basis of an actuarial evaluation of the new pension scheme architecture, including both the NPS and the SSP. On 28 July 2Jan 10 04:02
schestowitz023, Ms Simon (Vice-President DG4) rejected the appeal and decided not to mandate the actuaries to re-examine the changes to contribution rates.Jan 10 04:02
schestowitzOn 21 June 2023, the ApC issued an opinion in respect of appeal RI/2018/070 concerning the calculation of reckonable years for those NPS plan members who transferred pension rights from a national pension scheme to the Office’s pension scheme. The ApC’s opinion was unanimous and recommends that all appeals be sent back to the Office for re-evaluation of the age coefficients used for retroactive application on the appellants. The actJan 10 04:02
schestowitzuaries should be asked to set these age coefficients as if they had been set had the Office requested them in a timely manner, i.e., in 2009, when the New Pension Scheme came into force. On 22 September 2023, Ms Simon (Vice-President DG4) rejected the appeal.Jan 10 04:02
schestowitzBoth cases are of importance for hundreds of members of the NPS/SSP who expected the appointing authority to follow the recommendations of the EPO internal justice body. They are now left with no other option than to pursue the cases in front of the Tribunal.Jan 10 04:02
schestowitzThe rejection of these appeals is also difficult to reconcile with the Office’s official statements that “dialogue takes precedence […] with a strong focus on the prevention and early resolution of disputes” (emphasis added). It appears that the Office intends to adopt a strictly detrimental approach towards staff on appeals concerning staff benefits.Jan 10 04:02
schestowitzIn this open letter to the President, we request that the Office follows unanimous opinions in favour of staff."Jan 10 04:02
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schestowitzhttp://ipkitten.blogspot.com/2024/01/will-we-have-referral-on-using.html?showComment=1704794445805#c2985857999214553822Jan 10 19:20
-TechBytesBot/#techbytes-ipkitten.blogspot.com | Will we have a referral on using the description for claim interpretation or is the Board of Appeal jumping the gun? (T 439/22) - The IPKatJan 10 19:20
schestowitz"If you are trying to figure whether there are any serious flaws in my arguments, I am not sure that you have identified the best (hypothetical) example to test that point.<br /><br />Based upon established principles of claim interpretation, it seems to me that even a claim incorporating the description definition of &quot;ventilator&quot; would not be construed as limited to a machine that only blows hot air. See, for example:<br />htJan 10 19:20
schestowitztps://www.epo.org/en/legal/guidelines-epc/2023/f_iv_4_13_1.html"Jan 10 19:20
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