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Exchange of Letters constituting an Agreement between the Government of Canada and the United Nations concerning the Continuity of Pension Rights between that Government and the United Nations Joint Staff Pension Fund [1970] CATSer 11 (14 December 1970)

E101861 - CTS 1970 No. 31

EXCHANGE OF LETTERS CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE UNITED NATIONS CONCERNING THE CONTINUITY OF PENSION RIGHTS BETWEEN THAT GOVERNMENT AND THE UNITED NATIONS JOINT STAFF PENSION FUND

I

The Acting Permanent Representative of Canada to the Secretary-General of the United Nations

NEW YORK, July 16, 1970

His Excellency U Thant,
Secretary-General of the United Nations,
New York

Excellency,

I have the honour to refer to discussions which have taken place between representatives of the Government of Canada and of yourself concerning arrangements to secure continuity of pension rights in accordance with Article 13 of the Regulations of the United Nations Joint Staff Pension Fund. Attached to this note is a statement concerning the continuity of pension rights between the Government of Canada and the United Nations Joint Staff Pension Fund.

I have the honour to propose that this Note and its annex, both of which are authentic in English and French, and your reply shall constitute an Agreement between the Government of Canada and the Secretary-General of the United Nations which shall enter into force on approval by the United Nations Joint Staff Pension Board and the concurrence of the General Assembly and shall remain in force until terminated by either party on six months' notice to the other.

Accept, Excellency, the renewed assurances of my highest consideration.

David C. Reece,

Acting Permanent Representative

CONTINUITY OF PENSION RIGHTS BETWEEN THE GOVERNMENT OF CANADA AND THE UNITED NATIONS JOINT STAFF PENSION FUND

I. In this agreement, unless the context otherwise requires:

(a) "Act" means the Public Service Superannuation Act, being Chapter 47 of the Statutes of Canada, 1952-53, as amended, and includes the Regulations made thereunder;

(b) "Employee" means a person who is on leave of absence from the "Public Service", as defined by the Act, who;

(i) on or after the coming into force of this agreement commences to serve with a member organization, or

(ii) prior to the coming into force of this agreement commenced to serve with a member organization and who, by giving notice in writing to the Secretary of the United Nations Joint Staff Pension Board, elects to have this agreement apply in respect of him;

(c) "member organization" means a member organization of the United Nations Joint Staff Pension Fund; and

(d) words importing male persons include female persons.

II. Where an employee ceases to serve with a member organization and resumes his employment with the Government of Canada and he is not entitled to a deferred retirement benefit but is entitled under article 32 of the Regulations of the United Nations Joint Staff Pension Fund to a withdrawal settlement payable in one lump sum, the United Nations Joint Staff Pension Fund shall cause to be paid to the Receiver General of Canada to be credited on behalf of that employee to the Superannuation Account maintained for the purposes of the Act, the lesser of

(a) the whole amount of the withdrawal settlement, or

(b) a portion of the withdrawal settlement that is equal to the amount that the employee is required to pay under the Act in order to count as pensionable service for the purposes of the Act his period of contribu­tory service with the member organization.

III. The Receiver General of Canada shall apply the amount paid to him pursuant to this agreement towards the payment of the contributions required to be paid by the employee to enable him to count as pensionable service under the Act his period of contributory service with the member organization.

IV. Where the whole amount of the withdrawal settlement is not paid to the Receiver General of Canada, the balance shall be paid to the employee in accordance with article 32 of the Regulations of the United Nations Joint Staff Pension Fund.

II

The Secretary-General of the United Nations to the Permanent Representative of Canada

14 December 1970

His Excellency Mr. Yvon Beaulne,
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative to the United Nations,
New York, N.Y.

Sir,

I have the honour to refer to my letter of 29 July 1970 addressed to the Acting Permanent Representative of the Permanent Mission of Canada to the United Nations, and to inform you that at its 1926th Plenary Meeting held on 11 December 1970, the General Assembly of the United Nations gave its concurrence to the agreement concluded between the United Nations Joint Staff Pension Board and the Government of Canada under article 13 of the Regulations of the United Nations Joint Staff Pension Fund as contained in document A/8009/Add.1.

The agreement has therefore become effective on 11 December 1970. It will remain in force until terminated by either party on six months' notice to the other.

Accept, Sir, the assurances of my highest consideration.

U Thant

Secretary-General