-
EXECUTIVE BOARD 133rd session Provisional agenda item 8.2
EB133/12 14 May 2013
Amendments to the Staff Regulations and Staff Rules1 Report by the Secretariat
1. Amendments to the Staff Rules made by the Director-General are submitted for confirmation by the Executive Board in accordance with Staff Regulation 12.2.2 2. The amendments described in section I of this document stem from decisions taken by the United Nations General Assembly at its sixty-seventh session, on the basis of recommendations made by the International Civil Service Commission in its annual report for 2012.3 3. The amendments described in section II of this document are made in the light of experience and in the interest of good human resources management. 4. 5. The amendments to the Staff Rules do not involve additional costs under the regular budget. The amended Staff Rules are set out in the Annexes.4
I.
AMENDMENTS CONSIDERED NECESSARY IN THE LIGHT OF DECISIONS TAKEN BY THE UNITED NATIONS GENERAL ASSEMBLY AT ITS SIXTYSEVENTH SESSION ON THE BASIS OF RECOMMENDATIONS OF THE INTERNATIONAL CIVIL SERVICE COMMISSION
Effective date 6. In January 2013 the Executive Board at its 132nd session adopted resolution EB132.R10, in which the Board confirmed a number of amendments to the Staff Rules that had been made by the Director-General. These included changes concerning (i) the effective date of amendments to the Staff Rules and (ii) the remuneration of staff in the professional and higher categories including the revised
1 2 3
Copies of the Staff Regulations and Staff Rules are available in the Executive Board room. Basic documents, 47th ed., Geneva, World Health Organization, 2009.
Official record of the General Assembly, Sixty-seventh session, Supplement No. 30 (A/67/30) and Corrigendum (A/67/30/Corr.1) (copies available in the meeting room). 4
Available in English and French only.
EB133/12
rates of staff assessment in conjunction with gross base salaries, subject to the adoption of a resolution by the United Nations General Assembly on the recommendations of the International Civil Service Commission in its report for 2012. 7. Meeting at its resumed session, after the 132nd session of the Executive Board had closed, the United Nations General Assembly adopted resolution 67/257, in which the General Assembly, inter alia, approved, with effect from the school year in progress on 1 January 2013, the recommendations contained in paragraph 44 of the report of the Commission, and annex III thereto, concerning the revised levels of education grant. However, the General Assembly did not act on the recommendation of the Commission to adjust the base/floor salary scale. The scale therefore remains at the levels put into effect as from 1 January 2012. 8. As a consequence of the view taken by the General Assembly, changes have been made to Staff Rule 040, which makes reference to the Appendices containing details of both the salary scale and the education grant entitlements. Staff Rule 040 has also been amended to indicate that the effective date of these Staff Rules, with the exception of Appendices 1 and 2, is 1 July 2013.
Retirement 9. The United Nations General Assembly, in resolution 67/257, endorsed the decision of the International Civil Service Commission, as contained in paragraph 85 of its 2012 report, to support the recommendation of the United Nations Joint Staff Pension Board to raise the mandatory age of separation to age 65 years for new staff of member organizations of the United Nations Joint Staff Pension Fund, effective no later than 1 January 2014. Staff Rule 1020.1 has been amended accordingly. 10. The amendment to Staff Rule 1020.1 also authorizes the Director-General to extend the retirement age of staff who will retire at the age of 65 to age 68 if it is in the interests of the Organization to do so.
II.
AMENDMENTS CONSIDERED NECESSARY IN THE LIGHT OF EXPERIENCE AND IN THE INTEREST OF GOOD HUMAN RESOURCES MANAGEMENT
Annual leave 11. Staff Rule 630.8 has been amended to reduce the amount of unused annual leave for which a staff member is entitled to be paid on leaving the service of the Organization. The amount will be progressively reduced from 60 days to 30 days. 12. The amendment is intended to ensure that staff members take sufficient annual leave to maintain a proper work‒life balance. The amendment will also reduce the Organization’s costs when staff members leave. 13. In order to allow staff members sufficient time to reduce any accumulated unused annual leave, the amendment will be phased in gradually over 30 months as follows. • Staff members leaving the service of the Organization in 2013 will be entitled to payment for up to 60 days of unused annual leave.
2
EB133/12
• Staff members leaving the service of the Organization in 2014 will be entitled to payment for up to 50 days of unused annual leave. • Staff members leaving the service of the Organization in 2015 will be entitled to payment for up to 40 days of unused annual leave. • Staff members leaving the service of the Organization in 2016 or later will be entitled to payment for up to 30 days of unused annual leave.
ACTION BY THE EXECUTIVE BOARD 14. In the light of these revisions, the Executive Board may wish to consider the following draft resolution:1 The Executive Board, Having considered the report on amendments to the Staff Regulations and Staff Rules,2 CONFIRMS, in accordance with Staff Regulation 12.2, the amendments to the Staff Rules that have been made by the Director-General with effect from 1 July 2013 concerning the effective date of amendments to the Staff Rules, unused annual leave and retirement.
See document EB133/12 Add.1 for the financial and administrative implications for the Secretariat of the adoption of this resolution. 2
1
Document EB133/12.
3
EB133/12
ANNEX 1 AMENDMENTS TO THE STAFF RULES CONSIDERED NECESSARY IN THE LIGHT OF DECISIONS TAKEN BY THE UNITED NATIONS GENERAL ASSEMBLY AT ITS SIXTY-SEVENTH SESSION ON THE BASIS OF RECOMMENDATIONS OF THE INTERNATIONAL CIVIL SERVICE COMMISSION
Former text 040. EFFECTIVE DATE With the exception of Appendices 1 and 2, these Staff Rules are effective as from 1 February 2013 and supersede all Rules in force before that date. All subsequent modifications shall become effective as from the date shown thereon. Appendices 1 and 2 are effective as from 1 January 2013.
New text 040. EFFECTIVE DATE With the exception of Appendices 1 and 2, t These Staff Rules are effective as from 1 February July 2013 and supersede all Staff Rules in force before that date, with the exception of Appendices 1 and 2. Appendix 1, which took effect on 1 January 2012, remains in effect. Appendix 2 is effective as from 1 January 2013. All subsequent modifications shall become effective as from the date shown thereon. Appendices 1 and 2 are effective as from 1 January 2013.1 Footnote to be deleted 1
Footnote The effective date of Appendices 1 and 2 is subject to the adoption of a resolution by the United Nations General Assembly on the recommendations of the International Civil Service Commission in its report for 2012 (document A/67/30). 1
The effective date of Appendices 1 and 2 is subject to the adoption of a resolution by the United Nations General Assembly on the recommendations of the International Civil Service Commission in its report for 2012 (document A/67/30).
4
EB133/12
ANNEX 2 AMENDMENTS TO THE STAFF RULES CONSIDERED NECESSARY IN THE LIGHT OF EXPERIENCE AND IN THE INTEREST OF GOOD HUMAN RESOURCES MANAGEMENT
Former text 630. ANNUAL LEAVE 630.8 A staff member who, on leaving the service of the Organization, has not exhausted the annual leave to which he is entitled shall be paid in respect of each day of unused annual leave up to a maximum of 60 days (see Rule 380.2.2). A staff member who has taken advanced annual leave beyond that subsequently accrued shall either have the equivalent amount debited to his terminal payments or at the option of the Organization make a cash refund. In case of death of a staff member, payment in lieu of accrued annual leave shall be made to his or her nominated beneficiary or beneficiaries under Rule 495.2 but no deduction shall be made in respect of advanced annual leave.
New text 630. ANNUAL LEAVE 630.8 A staff member who, on leaving the service of the Organization, has not exhausted the annual leave to which he is entitled shall be paid in respect of each day of unused annual leave up to a maximum of 60 30 days (see Rule 380.2.2).1 A staff member who has taken advanced annual leave beyond that subsequently accrued shall either have the equivalent amount debited to his terminal payments or at the option of the Organization make a cash refund. In case of death of a staff member, payment in lieu of accrued annual leave shall be made to his or her nominated beneficiary or beneficiaries under Rule 495.2 but no deduction shall be made in respect of advanced annual leave. New footnote to Staff Rule 630.8: Transition period: staff members leaving the service of the Organization in 2013 are entitled to payment for up to 60 days of unused annual leave. Staff members leaving the service of the Organization in 2014 are entitled to payment for up to 50 days of unused annual leave. Staff members leaving the service of the Organization in 2015 are entitled to payment for up to 40 days of unused annual leave. Thereafter, the Staff Rule, as amended, shall apply.
1020.1 RETIREMENT 1020.1 Staff members shall retire on the last day of the month in which they reach the age of 60. However, staff members who have become participants in the United Nations Joint Staff Pension Fund on or after 1 January 1990 shall retire on the last day of the month in which they reach the age of 62. In exceptional circumstances the Director-General may, in the interests of the Organization, extend the retirement age, provided that not more than a one-year extension shall be granted at a time and that in no case shall any extension be granted beyond the staff member’s sixtyfifth birthday.
1020.1 RETIREMENT 1020.1 Staff members shall retire on the last day of the month in which they reach the age of 60. However, staff members who have become participants in the United Nations Joint Staff Pension Fund on or after 1 January 1990 shall retire on the last day of the month in which they reach the age of 62. In exceptional circumstances the Director-General may, in the interests of the Organization, extend the retirement age, provided that not more than a one-year extension shall be granted at a time and that in no case shall any extension be granted beyond the staff member’s sixty-fifth birthday.
5
EB133/12
Annex 2
Former text
New text Staff members shall retire on the last day of the month in which they reach retirement age. 1020.1.1. Staff members who became participants in the United Nations Joint Staff Pension Fund before 1 January 1990 shall retire on the last day of the month in which they reach the age of 60. 1020.1.2. Staff members who became participants in the United Nations Joint Staff Pension Fund from 1 January 1990 to 31 December 2013 inclusive shall retire on the last day of the month in which they reach the age of 62. 1020.1.3 Staff members who became participants in the United Nations Joint Staff Pension Fund on or after 1 January 2014 shall retire on the last day of the month in which they reach the age of 65. 1020.1.4. In exceptional circumstances the Director-General may, in the interests of the Organization, extend a staff member’s appointment beyond retirement age, provided that such extensions shall not be granted for more than one year at a time. For those who would normally retire pursuant to Staff Rules 1020.1.1 or 1020.1.2, extensions shall not be granted beyond the staff member’s sixty-fifth birthday. For those who would normally retire pursuant to Staff Rule 1020.1.3, extensions shall not be granted beyond the staff member’s sixtyeighth birthday.
=
=
=
6