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STAFF RULES OF THE GENERAL SECRETARIAT

CHAPTER XIV

TRANSITORY PROVISIONS

Rule 114.1 Final Compensation

(a) When a staff member resigns, retires, or dies during the term of his appointment after having rendered five or more years of continuous service, he or, in the case of death, his beneficiaries shall be entitled to a final compensation equal to one week of basic salary for each year of service prior to January 1, 1971, up to a maximum of 15 years. This compensation shall be in addition to that received for accumulated annual leave.

(b) In computing the final compensation, any period exceeding six months shall be regarded as a full year of service.

(c) As the staff member may choose, the final compensation may be paid in a lump sum or in installments coinciding with the regular payday in the General Secretariat. However, these installment payments shall not extend beyond the period of annual leave accumulated by the staff member.

(d) A staff member entitled to receive final compensation and the repatriation grant, in accordance with Rule 110.8, shall be paid only the higher amount of the two.

(e) The final compensation shall be paid in accordance with the basic salary scale in force at the time of resignation, retirement, or death.

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Rule 114.2 Award of Merit

(a) A staff member with 15 or more years of continuous service who has sick leave accumulated prior to January 1, 1971, shall receive an award of merit upon resignation or retirement. The same award shall be given to a staff member whose services have been terminated in accordance with Rule 110.4(b), provided that he had sick leave accumulated before the date indicated above. If the staff member dies during the term of his appointment and has sick leave accumulated prior to January 1, 1971, his beneficiaries shall receive the award of merit.

(b) In any of the cases mentioned in the preceding paragraph, the Department of Human Resource Services shall review the leave and attendance record of the staff member and, when appropriate, calculate the amount of the award.

(c) The amount of the award of merit shall consist of one week of basic salary for each year of service prior to January 1, 1971, provided that this does not exceed 15 weeks or the number of weeks of sick leave accumulated by the staff member prior to that date.

(d) The provisions of Rule 114.1(c) shall be applied to payment of the award of merit.

(e) The award of merit shall be paid in accordance with the basic salary scale in force at the time of resignation, retirement, termination of services, or death.

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Rule 114.3 Annual Leave

Staff members who, as of December 31, 1970, had accumulated more than 60 days of annual leave are entitled to retain the number of days accumulated. However, if at the close of any calendar year beginning on January 1, 1971, the number of days accumulated was less than that of the year before, this lesser number shall be the new maximum limit and shall be transferred to the next year. If the number of days of accumulated annual leave is less than 60 days at the end of any calendar year, the maximum number that may be accumulated shall be 60 working days, in accordance with Rule 106.1(b).

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Rule 114.4 Requirement of Competition

For purposes of Rules 104.5(b)(iii) and (iv), the following categories of staff members shall also be deemed to have been selected through competition:

(a) Staff members who have served continuously since before July 1, 1970;

(b) General services staff stationed away from headquarters who were selected before November 4, 1983, unless the records specifically show that they were not selected through competition; and

(c) Staff members who were selected through competition at least once and who were promoted prior to January 2, 1984, in accordance with the procedures then in effect, to a post that was not a position of trust.

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Rule 114.5 Career-Service Days

As of July 1, 1995, the right to earn career-service days based on time in service shall cease for all staff members; however, a staff member who as of June 30, 1995, has already earned through years of service the right to take career-service days, either in pay or in leave plus pay, as the case may be, shall retain the right to continue taking the career-service days that correspond to his years of service on June 30, 1995.

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Rule 114.6 Dependency Allowance Set-off

The exemption for dependent children permitted under Sections 151 and 152 of the Internal Revenue Code of the United States of America (or their successor provisions) shall not be considered a "cash payment or tax benefit" under Rule 103.16(a)(ii) for any staff member who received tax reimbursement monies from the General Secretariat prior to January 1, 1984.

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