Employer claims back overpayment in 2003

[macintosh]

Hi,
Mr. A was working for the United Nations in 2003. He took 2 months unpaid leave just before his contract ended.
He never checks his account informations and so he didn't notice that he was paid for those two months despite the fact that it was supposed to be an unpaid leave.
Now, in 2010, the UN says that they would like to be reimbursed those two months payment. Approx. 8000USD. Also, they do not want to pay him his pension plan contributions (90.000USD) unless he pays the 8000 USD back. Reason: they also paid their share to the pension fund for those two months and they want to have those two months share back as well.

Mr. A checks his contract for rules on overpayment but it only stipulates that, should the employee notice that he/she is underpaid he/she would only have 12months to make any claims. No paragraph on overpayment. No paragraph on place of jurisdiction.

-Does UN have the right to claim back the overpayment?
-Do they have the right to keep his pension fund contributions until he paid the claimed amount?
-Where can find Mr. A a template for a letter that stipulates that he refuses to pay and that he claims he pension payments?

Thanks for your comments!

 

[Patricia_Young]

Let the UN sue Mr. A.
We don't know what his contract provides for.
I doubt there is one.

Mr. A needs an attorney.

Wait a minute, before we go there. Did Mr. A perform his services in the United States? Was Mr. A a U.S. citizen or resident alien?

 

[macintosh]

Thank you for your comment.

-Mr. A performed his duties in Kabul, Afghanistan.
-Mr. A is european citizen.

There is a contract which refers to the UN Staff Rules. In these staff rules, no further provision is made on such constellation.
BUT
I found an Administrative Note which stipulates:

Recovery of overpayments made to staff members
[...]
Section 3
Amounts to be recovered
3.1 Overpayments shall normally be recovered in full. However, when the
Controller determines that the overpayment resulted from an administrative error on the part of the Organization, and that the staff member was unaware or could not reasonably have been expected to be aware of the overpayment, recovery of the overpayment shall be limited to the amounts paid during the two-year period prior to the notification under section 2.3 of the present instruction, or to the advice under section 2.4 of the present instruction, if earlier. Any overpayment in excess of the same entitlement that may be made after the date of such notification or advice shall
be recovered in full.

3.2 The two-year limitation provided by section 3.1 of the present instruction shall not apply when the facts indicate that the overpayment was due to the submission of erroneous, fraudulent or incomplete information by the staff member.

****************************************************

My interpretation is:
After 2 years, UN has no means to claim the money back. No comments are made on pension payments thus I suppose that ALL payments fall under that 2 year time frame.

The term that the staff member had to be "unaware or could not reasonably have been expected to be aware of the overpayment" is difficult to interpret, isn't it?
Does Mr. A have the obligation to check his accounts all the time. He is ready to swear that he was not aware - but is it enough? Or does UN have to prove that he was aware?

Thanks for your comments!

 

[Patricia_Young]

Then it's a contract issue, not a US law issue. In fact, this site does not address international law or basically, anything but US law.

 

[macintosh]

Ok. Didn't know that!
Thanks nevertheless.