●● IRC: #techbytes @ Techrights IRC Network: Wednesday, January 10, 2024 ●● ● Jan 10 [03:03] *rsheftel1435 has quit (Ping timeout: 120 seconds) [03:03] *rsheftel1435 has quit (Ping timeout: 120 seconds) [03:52] schestowitz "ILOAT Submission - Dossier RI/2018/058 - Contribution rates to the New Pension Scheme (NPS) and Salary Savings Plan (SSP) [03:52] schestowitz On 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. [03:52] schestowitz SUEPO has engaged a reputable law firm to prepare the necessary documents for your submission to the ILOAT. [03:52] schestowitz The 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: [03:52] schestowitz List of documents: [03:52] schestowitz Complaint Brief [03:52] schestowitz Complaint Form [03:52] schestowitz Annexes [03:52] schestowitz Instructions for submission [03:52] schestowitz " [03:52] schestowitz " [03:53] schestowitz I think we have a biologist. [03:53] schestowitz DaemonFC: not sure who this was about [03:54] schestowitz "NB: [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 slips [03:54] schestowitz The EPOs outbox has a limit of about 10 Mb per email. The Tribunals inbox has a limit of 18 Mb per email. You may use multiple emails to send all the required annex files to the Tribunal [03:54] schestowitz " [03:57] DaemonFC schestowitz: Righty [03:57] schestowitz probably matey ● Jan 10 [04:00] schestowitz aka figosdev [04:02] schestowitz " [04:02] schestowitz On 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 ApCs 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 2 [04:02] schestowitz 023, Ms Simon (Vice-President DG4) rejected the appeal and decided not to mandate the actuaries to re-examine the changes to contribution rates. [04:02] schestowitz On 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 Offices pension scheme. The ApCs 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 act [04:02] schestowitz uaries 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. [04:02] schestowitz Both 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. [04:02] schestowitz The rejection of these appeals is also difficult to reconcile with the Offices 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. [04:02] schestowitz In this open letter to the President, we request that the Office follows unanimous opinions in favour of staff." ● Jan 10 [05:25] *u-amarsh04 has quit (Quit: Konversation terminated!) [05:31] *u-amarsh04 (~amarsh04@dc77dxzcmjmaq.irc) has joined #techbytes [05:44] *u-amarsh04 has quit (Quit: Konversation terminated!) [05:46] *u-amarsh04 (~amarsh04@dc77dxzcmjmaq.irc) has joined #techbytes ● Jan 10 [06:40] *u-amarsh04 has quit (Quit: Konversation terminated!) [06:45] *u-amarsh04 (~amarsh04@dc77dxzcmjmaq.irc) has joined #techbytes ● Jan 10 [10:46] *darix (~darix@xt94egsbwqi78.irc) has joined #techbytes ● Jan 10 [12:40] *psydroid2 (~psydroid@u8ftxtfux23wk.irc) has joined #techbytes ● Jan 10 [13:23] *u-amarsh04 has quit (Quit: Konversation terminated!) [13:25] *u-amarsh04 (~amarsh04@dc77dxzcmjmaq.irc) has joined #techbytes [13:47] *u-amarsh04 has quit (Quit: Konversation terminated!) [13:48] *u-amarsh04 (~amarsh04@dc77dxzcmjmaq.irc) has joined #techbytes ● Jan 10 [15:37] *u-amarsh04 has quit (Quit: Konversation terminated!) [15:38] *u-amarsh04 (~amarsh04@dc77dxzcmjmaq.irc) has joined #techbytes [15:43] *u-amarsh04 has quit (Quit: Konversation terminated!) [15:44] *u-amarsh04 (~amarsh04@dc77dxzcmjmaq.irc) has joined #techbytes [15:45] *geert (~geert@3ebi7ezt8xg7g.irc) has joined #techbytes ● Jan 10 [19:20] schestowitz http://ipkitten.blogspot.com/2024/01/will-we-have-referral-on-using.html?showComment=1704794445805#c2985857999214553822 [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 IPKat [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.

Based upon established principles of claim interpretation, it seems to me that even a claim incorporating the description definition of "ventilator" would not be construed as limited to a machine that only blows hot air. See, for example:
ht [19:20] schestowitz tps://www.epo.org/en/legal/guidelines-epc/2023/f_iv_4_13_1.html" [19:57] *geert has quit (Ping timeout: 2m30s) ● Jan 10 [20:34] *jacobk (~quassel@kgjtzp9sreehi.irc) has joined #techbytes ● Jan 10 [21:24] *DaRiX has quit (Ping timeout: 120 seconds) [21:24] *DaRiX has quit (Ping timeout: 120 seconds) [21:27] *DaRiX (~darix@freenode-2ue.6ih.pu7h8v.IP) has joined #techbytes [21:27] *DaRiX (~darix@freenode-2ue.6ih.pu7h8v.IP) has joined #techbytes [21:56] *psydroid2 has quit (Quit: KVIrc 5.0.0 Aria http://www.kvirc.net/) ● Jan 10 [22:16] *MinceR (uid633657@freenode-m2nbo6.focq.uge0.8cnpra.IP) has joined #techbytes [22:16] *MinceR (uid633657@freenode-m2nbo6.focq.uge0.8cnpra.IP) has joined #techbytes