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Nicole Rabner's Files
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Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. list
Attachments [partial] (1 page)
05/25/1998
P6/b(6)
002. letter
Unnamed spouse to Ruksana [Mehta] (partial) (1 page)
05/21/1998
P6/b(6)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Domestic Policy Council (Nicole Rabner)
OA/Box Number: 15423
FOLDER TITLE:
Child Support-International Organization Issue [2]
2012-1035-S
kc1091
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
JANET E. ATKINSON
May 4, 1998
Mr. Scott Busby
National Security Council
Office of Democracy and Human Rights
White House
Washington, D.C. 20504
Re:
International Organizations Immunity - Family Support
Dear Mt. Busby
It was indeed a pleasure to meet you. The March 25ᵗʰ meeting, which you conducted, was extremely
helpful. International organization spouses and attorneys, with whom I am in contact, deeply appreciate the
interest President Clinton and the First Lady have shown for the tragic financial and emotional consequences,
suffered by many current or former spouses of staff members of international organizations headquartered in
the United States.
I look forward to meeting with you again on May 13, and to working with you to end the abuse of
international organizations' immunity in family support cases.
Sincerely
Janet E. Atkinson
Cc:
Hillary Rodham Clinton
The President
Senator Barbara Mikulski
Senator Connie Morella
5008 CLOISTER DRIVE
ROCKVILLE, MARYLAND
20852
PHONE: 301-571-0159* FAX: (301) 530-9512
SUMMARY OF POLICIES OF INTERNATIONAL ORGANIZATIONS
Requests for salary information:
UN - Normally seeks consent of staff member before releasing information of a personal
nature outside the UN. In spouse/child support cases, UN "will cooperate with the
appropriate authorities, when and in the manner it deems appropriate, even without the
consent of the staff member, in order to facilitate the proper legal or judicial resolution of
the family member's claims." UN rep. noted orally that while UN Secretariat routinely
provides information salary info when requested by courts (but not in response to
requests by attorneys) implementation problems exist outside New York. UN aware of
the problem; working to get word out both to those who seek information and those who
control it. Began releasing pension info to courts one year ago.
IADB - Does not provide info to courts; staff members have access and they can provide
it to courts. Court can order them to do so.
IMF - Informs requesters that they do not provide info absent consent of employee
spouse. Notes however, that courts can order non-immune staff member to produce info
and the staff member has access to it.
Bank - staff records including payroll info, generally not made available to persons
outside Bank unless staff member authorizes disclosure of the info in writing. Bank
states that two mechanisms remain available to spouses 1) make use of discovery
procedures to require staff member to produce payroll information; 2) seek an order
compelling the spouse to complete Bank form authorizing the spouse access to the info.
OAS - in response to subpoenas, informs court that while OAS does not submit to
judicial process, will provide info on voluntary basis.
Garnishment of Wages
UN - Administrative instruction of 14 Dec. 1994 -section specifically on child and spouse
support payments. States where non-support has been judicially established, and the staff
member either disclaims the obligation or indicates that he/she intends to appeal the
judgment, the Secretary General may decide to authorize deduction from the staff
member's salary emoluments or deduction of an amount equivalent to the dependency
related allowance, and direct payment of this amount to the dependent. In practice
employees are first counseled and give chance to voluntarily comply. Have to provide
proof that payments are being made.
IADB - Code of ethics requires that staff pay just financial obligation in proper an timely
manner. There are remedial and disciplinary actions that can be taken against those who
fail to comply.
IMF - Disciplinary measures, including termination of employment may be imposed for
"unlawful acts or other professional or personal actions or behavior that are contrary or
inconsistent with the standards of conduct prescribed in the Rules and Regulations of the
Fund or that may reflect adversely on the integrity or reputation the Fund." Code of
Ethics under consideration contains specific reference to employees obligation to fulfill
private legal oblations including, for example child support payments.
W. Bank - Principle 3 of Staff Employment - the Bank's privileges and immunities "shall
not excuse staff members from the performance of their private obligations. Pursuant to
Principle 3, whenever the Bank receives a final order of a court re obligation of a staff
member to pay support to spouse or child, the Bank refers it to the Office of Professional
Ethics after informing the court/counsel that the Banks' privileges and immunities
preclude enforcement of garnishment orders. OPE calls the matter to the attention of the
staff member and informs member that disciplinary action may be imposed if the legal
obligation is not fulfilled. The employee is required to provide documentary evidence for
three months that payments are being made.
OAS - Advises employee of obligation to comply with laws of host country including
court orders. If no compliance by employee, OAS will waive immunity for limited
purpose and will garnish wages.
Pension Plan
UN - Expects to adopt new pension plan similar to that of World Bank and IMF this
summer.
IADB- has examined ways in which benefits under its Staff Retirement Plan can be
partitioned and shared with current and former spouses. Has prepared an amendment to
the Plan which would permit partitioning of benefits and expects to present this to the Bd
of Executive Directors for adoption in the near future.
IMF - provides for pension payment to former employees of fund retirees by recognizing
qualified domestic relations orders.
Bank - the Retirement plan was amended in 1995 to permit payments to divorced or
legally separated spouses from either a commuted sum or a normal or early retirement
pension payable to a retired staff member. There must be a final court order imposing an
obligation of support arising out of the marital relationship for the provision to apply.
OAS - Pension plan change in 1981 to prohibit alienation of pension rights (applicable to
persons who joined after 1981). As none of these persons have yet retired no issue has
arisen.
General
Within past five years IADB has received no more than a half dozen formal request for
personal financial information or order for the payment of alimony of child support.
The Bank reports that in the period 1993-1997, twenty-two cases involving court ordered
support have come to the attention of the Office of Professional Ethics, all twenty two
were successfully resolved, although the Bank reports one difficult case which took a
year to resolve. Has 36 qualified domestic relations orders on file, eight are in payment
and the remainder relate to persons who have not yet retired.
UN currently has four unresolved cases with Secretariat.
Upon separation of employee, UN makes deductions from final payments to pay staff
member's legally established third party indebtedness; judicially established family
obligations, including repatriation travel, have first priority.
INTELSAT and PAHO also attended meeting at the State Department. Both
organizations reported that they had very few cases of this type and none which had been
difficult to resolve.
Attachments: Tab 1 - UN Administrative Instruction, Dec. 14, 1994
Tab 2 - IADB letter of April 22, 1998 to Kaye Boesel
Tab 3 - IMF letter of April 10, 1998 to Kaye Boesel
Tab 4 - World Bank letter of April 16, 1998 to Kaye Boesel
Tab 5 - OAS letter of April 9, 1998 to Kaye Boesel
UNITED
NATIONS
ST
Secretariat
ST/AI/399
14 December 1994
ADMINISTRATIVE INSTRUCTION
To:
Members of the staff
From: The Assistant Secretary-General for Human Resources Management
Subject: FINANCIAL AND OTHER OBLIGATIONS OF STAFF MEMBERS*
1.
The purpose of the present instruction is to remind staff members of their
obligation under staff regulations 1.1, 1.4 and 1.8 to regulate their conduct at
all times in a manner befitting their status as international civil servants,
and also to set out, in broad terms, the Organization's policies for responding
to cases of personal indebtedness.
2.
Staff members are expected, as a matter of proper conduct, to meet their
legal and financial obligations without involving the United Nations. The
standards of, conduct of international civil servants (COORD/CIVIL SERVICE/5)
require that staff members bear in mind that their conduct, whether connected or
unconnected with official duties, must be such that it will not infringe upon
any demonstrable interests of the Organization, bring it or their colleagues
into discredit or offend the community in which they live. The honouring of
private financial obligations and compliance with national laws are among the
requirements that derive from this general principle, which is explicitly stated
in staff regulation 1.8.
3.
Staff members who are experiencing financial difficulties should consult
the Staff Counsellor or a personnel officer about possible help from the Staff
Emergency Fund or its equivalent outside Headquarters.
*
Personnel Manual index No. 1040.
94-49986 (E)
161294
/
ST/AI/399
English
Page 2
*9449986*
The Organization's obligations in cases of private indebtedness
4.
The privileges and immunities attached to the United Nations are granted
to officials in the interests of the Organization and not for the personal
benefit of the individuals themselves. As such, these privileges and immunities
do not provide the staff members who enjoy them, nor the staff members who do
not, with an excuse for the non-performance of their private obligations.
Although in principle the United Nations does not intrude upon the private life
of a staff member, when it is brought to the attention of the United Nations
that a staff member has failed to satisfy his/her legal obligations and/or
resolve all matters relating thereto, the Organization may, when it deems
appropriate, take action against the staff member. Pursuant to section 20 of
the Convention on the Privileges and Immunities of the United Nations, the
Secretary-General has the right and the duty to waive the immunity of any
official in any case where, in his opinion, the immunity would impede the course
of justice and can be waived without prejudice to the interests of the United
Nations. Furthermore, pursuant to section 21 of the Convention, the United
Nations has an obligation to cooperate at all times with the appropriate
authorities of Member States to facilitate the proper administration of justice
and to prevent the occurrence of any abuse in connection with the privileges and
immunities of the Organization.
Personal debts to outside claimants
5.
The United Nations, including its property and assets, is immune from legal
process and from judgements of execution. United Nations salaries, therefore,
are not subject to garnishment or attachment. However, staff members of the
Organization have no personal immunity in respect of private acts and
obligations, and the Organization's immunity is not intended to derogate from
the rights of legitimate claimants. Claimants who communicate to the United
Nations a legal obligation that has not been met are informed of the
Organization's immunity and also of the policy of requiring staff members to
meet their financial obligations. Staff members are provided with a copy of
this correspondence relating to the legal obligation or judgement, together with
a copy of the claim, levy or order, and are requested, in writing, to initiate
steps to settle the matter promptly and to advise their personnel officer of the
action that has been taken.
6. If, within three months from the date of receipt by the staff member of the
personnel officer's request, the Organization is not satisfied that appropriate
and effective action has been taken by the staff member, all correspondence will
/
ST/AI/399
English
Page 3
be placed in the official status file and disciplinary action may be initiated
in accordance with chapter 10 of the Staff Rules.
Child and spouse support payments
7.
Private family matters are not in themselves the business of the
Organization. However, staff members are expected, as a matter of proper
conduct, to support their dependants and to comply fully with legally
established maintenance obligations. Failure to honour legally binding and
other family support obligations violates the standards of conduct required of
international civil servants and is inconsistent with the obligation of
integrity. Staff members who are in receipt of United Nations allowances and
benefits intended for the support of dependants, including dependency allowance
and salary at the dependency rate, education grant and insurance subsidy, may be
called upon at any time to provide evidence that these sums are being used for
their declared purpose. Failure to honour support obligations, while at the
same time receiving allowances and benefits premised on dependency, may
constitute serious misconduct.
3.
In cases where non-support has been judicially established, and the sraff
member either disclaims the obligation or indicates that he/she intends to
appeal the judgement, the Secretary-General may decide to authorize, under the
terms of staff rule 103.18 (b) (iii), deduction from the staff member's
emoluments of an amount equivalent to the dependency-related allowances and
direct payment of this amount to the dependant. Where there is an apparent
conflict between jurisdictions, the Office of Legal Affairs will advise which
court order will have precedence.
9.
The Organization normally seeks the consent of a staff member before
releasing information of a personal nature to persons or organizations outside
the United Nations. In spouse and child support cases, however, the
Organization will cooperate with the appropriate authorities, when and in the
manner it deems appropriate, even without the consent of the staff member, in
order to facilitate the proper legal or judicial resolution of the family's
claims. The staff member will be notified that the information has been
provided and the nature of the information.
10. Abuse of the privileges and immunities conferred upon the United Nations in
order to avoid service of process, if established, may result in disciplinary
action.
Deductions from final payments
ST/AI/399
English
Page 4
11. Although the salaries of serving staff members are not subject to
attachment under the Convention on the Privileges and Immunities of the United
Nations, final payments on separation are not immune. Accordingly, deductions
from final entitlements may be authorized to pay the staff member's legally
established third party indebtedness, including to dependent, former or
estranged spouses and entitled children in regard to repatriation travel and
grant payments.
12. Where deductions from terminal payments are authorized under the terms of
staff rule 103.18 (b) (iii), the order of precedence for payment, after
deductions for indebtedness to the United Nations and the United Nations Federal
Credit Union (or similar institution at other duty stations), will be: first,
unpaid judicially established family obligations, including repatriation travel
and grant payments; and second, all other legally established indebtedness to
third parties. In the event (a) the staff member does not consent to such
payments in writing or (b) any dispute or other conflicting claims are made in
connection with this provision, including, but not limited to, issues of
priority, then the United Nations shall have the right, in its discretion, to
withhold payments commensurate with the amount in question until such dispute or
conflicting claims have been resolved by written agreement between the
interested parties or the issuance of a final judgement by a court of competent
jurisdiction.
Mission service
13. Staff members detailed to special missions should make suitable
arrangements before departure for payment of ongoing obligations at the duty
station. Absence on mission furnishes no excuse for non-payment of
indebtedness. Because of the limited duration of special mission assignments
and the Organization's responsibilities towards the host country, staff members
are expected to settle all bills incurred at the mission area before departure.
Evasion of responsibilities in this respect may result in ineligibility for
future mission assignments, as well as in the application of any of the measures
set out above, including those referred to in paragraph 6.
Banco Interamericano de Desarrollo
Inter-American Development Bank
Banco Interamericano de Desenvolvimento
Banque interaméricaine de développement
Washington, D.C. 20577
VIA MESSENGER
April 22, 1998
Ms. Kaye Boesel
Department of State
IO/UNP
Room 6334
2201 C Street, N.W.
Washington, D.C. 20520
Dear Ms. Boesel:
I would like to thank you and the State Department again for meeting with me and representatives
of other international organizations on April 1. I think it was very constructive for us to be able to
share views with the State Department on family issues that are important to all of us.
As I know the Department appreciates, international organizations operate under constraints that are
unique to them, while attempting to be good neighbors in the countries in which they perform their
missions. Sometimes they have to reach for goals by taking different routes than those that might be
taken by the private sector or governmental entities.
You asked in the closing of the meeting that the organizations provide to you copies of written
material that may bear upon how they deal with compliance with domestic support obligations,
including requests for financial information. As I mentioned at the meeting, the Inter-American
Development Bank relies principally on voluntary compliance by its staff, subject to the standards of
behavior and sanctions set forth in its Code of Ethics, which has been in place since 1980.
Under the Code, staff are required to pay each just financial obligation in a proper and timely manner
(Code section 3.902), and are subject to the general injunction concerning the conduct of their
personal affairs in a manner which does not give even the appearance of attempting to benefit unfairly
from their affiliation with the Bank (e.g. hiding behind the Bank's immunities) (Code section 3.401).
Sections 5.100 and 5.200 of the Ethics Code address the remedial and disciplinary actions that can
be taken against those who fail to comply with the guidelines set forth in the Code.
2
I attach excerpts from these sections of the Code of Ethics, as well as two complete copies of the
Code for your reference.
As I mentioned at the meeting, the Bank has mechanisms available to assist staff in meeting their
financial obligations through payroll deductions. These mechanisms are currently being used by staff
to meet alimony, child support and other financial obligations.
Recognizing that pension rights often form one of the largest family assets, and that courts commonly
consider both the right to a pension and its value in determining a division of marital property, the
Bank has examined ways in which benefits under its Staff Retirement Plan can be partitioned and
shared with current and former spouses. As a result, the Administration of the Bank has prepared
an amendment to the Plan which would permit such partitioning, and expects to present it to the
Board of Executive Directors for adoption in the very near future.
While I wish I had better statistics upon which to rely, it appears to me that within the past five years
the Bank has, in connection with family support matters, received no more than a half dozen formal
requests for personal financial information or orders for the payment of alimony or child support.
I hope this information is helpful to you. Naturally I will try to keep you advised of developments
in these areas at the Bank in the future.
Sincerely yours,
Norman R.Willieus
Norman R. Williams
Attorney
Enc.
EXCERPTS FROM THE IDB CODE OF ETHICS
Concerning financial obligations:
A staff member shall pay each just financial obligation in a proper and timely
manner, including, of course, any imposed by law such as taxes. For the
purpose of this subsection, a "just financial obligation" means one
acknowledged by the staff member or reduced to judgment by a court, and "in
a proper and timely manner" means, in the event of any doubt, in a manner
which the Bank determines does not, under the circumstances, reflect
adversely upon the Bank as an employer.
(Ethics Code, sec. 3.902)
Also applicable is the general injunction concerning the conduct of one's personal financial affairs:
A staff member should feel free, generally, to conduct his or her personal
financial affairs as he or she sees fit. However, a staff member, or any
member of a staff member's immediate family, shall conduct his or her
personal financial matters in such a manner as to avoid any reasonable basis
for interpreting his or her actions as attempts to benefit from his or her
affiliation with the Bank
(Ethics Code, sec. 3.401)
Remedial and disciplinary actions:
Section 5.100 of the Ethics Code provides that the President of the Bank may, after receiving
the advice of the Ethics Committee, take any remedial action "which may be appropriate
according to the terms of [the staff member's] contract of employment with the Bank."
Section 5.200 addresses additional, disciplinary action that may be taken:
The President may, in addition to or in conjunction with the remedial action
available pursuant to Section 5.100, take disciplinary action, including
dismissal if appropriate, in cases involving staff members who violate the
provisions of these Guidelines.
INTERNATIONAL MONETARY FUND
WASHINGTON, D. C. 20431
CABLE ADDRESS
INTERFUND
April 10, 1998
Ms. Kaye Boesel
International Organization Bureau, Room 6334
Department of State
Washington, D.C. 20520
Dear Ms. Boesel:
Further to the April 1, 1998, meeting with the international organizations regarding their
policies and practices with respect to spouse and child support related proceedings, this is in
response to the request that we provide copies of available written documentation.
As we mentioned at the meeting, the Fund's Staff Retirement Plan provides for pension
payments to former spouses of Fund retirees by recognizing qualified domestic relations
orders (QDRO's). Enclosed for your information is a copy of the relevant provision of the
Fund's Staff Retirement Plan.
Under the Fund's current administrative regulations on the conduct of staff members (GAO
No. 33), disciplinary measures, including termination of employment, may be imposed for
"unlawful acts or other professional or personal actions or behavior that are contrary to or
inconsistent with the standards of conduct prescribed in the Rules and Regulations of the Fund
or that may reflect adversely on the integrity or reputation of the Fund".
In addition, attached are two pages out of a draft Code of Ethics that is under consideration
within the Fund. Section 6 contains specific reference to employees' duty to comply with and
satisfy their private legal obligations which, as specifically referred to in the example given on
the second page, includes child support payments.
Unfortunately, the standard practices we described at the meeting that are used to ensure that
staff members fulfill their personal financial and legal obligations are not written in any policy
or procedures statement.
We hope that this is helpful to you and your colleagues in persuading concerned parties that
the organizations are in fact doing a good job of ensuring that immunities are not abused or
-2-
misused and that the organizations take seriously concerns about employees' fulfilling their
obligations, particularly with respect to domestic relations matters.
Sincerely,
James A. Jones
Senior Counsel
cc:
David Rivero
Kevin Craig
Joan Powers
IMF
Staff Retirement Plan
11.3 Notwithstanding the provisions set forth in Section 11.1, a participant or retired
participant may, pursuant to a legal obligation arising from a marital relationship
evidenced by an order of a court or by a settlement agreement incorporated into a
divorce or separation decree, direct in writing to the Secretary of the Administration
Committee that a benefit payable to him during his life under the Plan be paid to one
or more former spouses or a current spouse from whom there is a decree of legal
separation. A direction or payment incident thereto shall not convey to any person an
interest in the Retirement Fund of the Plan or give any elective rights under the Plan
to such person. A direction must be consistent with the provisions of the Plan, which
in the event of conflict will be deemed to override the direction. Any direction shall
be irrevocable; provided, however, that a participant or retired participant may
request, upon evidence satisfactory to the Administration Committee based on a court
order or a provision of a settlement agreement incorporated into a decree, that he be
permitted to issue a new direction in writing, that would diminish or discontinue the
payment or payments; and provided, further, that any direction shall cease to have
effect following the death of the participant or retired participant. If a designee under
a direction predeceases the participant or retired participant, the payments shall not
commence or if they have commenced shall thereupon cease. In the event that the
payment or payments under a direction have been diminished, discontinued or have
failed to commence or have ceased, the amount of benefit payable to the participant or
the retired participant shall be restored less the value of any amounts paid as
withdrawal or commuted sums.
- 3 -
Is it legal?
Does it feel right?
Will it reflect negatively or positively on me or the Fund?
What would a reasonable person think about my action?
How would it look in the newspapers?
Would I be embarrassed if others knew I took this action?
Is there an alternative action that does not pose an ethical conflict?
II. BASIC STANDARD OF CONDUCT
5.
As a staff member, you are expected to observe the highest standards of ethical
conduct, consistent with the values of integrity, impartiality and discretion. You should avoid
even the appearance of impropriety in your conduct. In the performance of your duties, you
have a duty of exclusive loyalty to the Fund, and to its objectives, purposes, and principles.
Integrity
6.
You are expected to act with integrity in all your official activities, and to avoid any
behavior that would reflect adversely on you or on the Fund. Integrity encompasses honesty,
probity, and loyalty. You are expected to provide accurate and complete information needed
by the Fund for the administration of personnel matters, and you must promptly report
changes in your personal circumstances that affect your eligibility for benefits and allowances.
In addition, while the Fund respects the privacy of staff members, you have a responsibility to
ensure that your private conduct does not bring the Fund into disrepute. Therefore, you are
expected to comply with your private legal obligations, including satisfying in good faith your
financial obligations, and to observe local laws and regulations.
Impartiality
7.
You are expected to act with impartiality. You should take care that your expression
of personal views and convictions does not adversely affect or appear to others to affect the
performance of your official duties or the interests of the Fund. Your official conduct must at
all times be characterized by objectivity and professionalism. You should not allow personal
relationships or considerations, including bias or favoritism, to influence the performance of
your official duties and you should avoid situations that create a conflict of interest.
Discretion
8.
You should exercise the utmost discretion in your actions and show tact and reserve in
your pronouncements in a manner that is consistent with your status as an international civil
servant. You should refrain from participating in any activity that reflects adversely on the
Fund or that is in conflict with the interests of the Fund. You must respect and safeguard the
confidentiality of information which is available or known to you by reason of your official
functions.
- 4 -
Examples
A staff member fails to pay his child support obligations, notwithstanding a court
order to do so. Does this violate the Fund's rules on conduct?
Yes. Staff members must comply with their private legal obligations, and may not take
improper advantage of the fact that the Fund is not subject to mandatory wage
garnishments in order to avoid their legal liabilities. For example, if a garnishment
order on your salary is received by the Fund, the Fund will wish to satisfy itself that
you are taking steps to resolve the matter before asserting its immunity to the Court.
May I participate in a lawful public demonstration on an issue not closely related to
the work of the Fund, for example, abortion policy or nuclear disarmament, without
-
obtaining advance clearance?
Yes, provided that you participate in a manner that does not publicly identify your
connection to the Fund. If, however, you intend to make a public statement on a
"national political question," advance clearance is required (see paragraphs 17 through
19 below).
References: Rules N-3 through N-10.
III. CONDUCT WITHIN THE FUND
9.
The basic values of impartiality, integrity, and discretion should govern all aspects of
your conduct in your work.
Duty of loyalty
10.
By accepting appointment at the Fund, you have promised to discharge your functions
under the sole authority of the Managing Director. You must respect the international
character of your position and maintain your independence by not accepting any instructions
relating to the performance of your official duties from any national government or from any
other sources external to the Fund.
Courtesy and respect
11.
You should treat your colleagues, whether supervisors, peers, or subordinates, with
courtesy and respect, without harassment, or physical or verbal abuse. You should at all times
avoid behavior at the workplace that, although not rising to the level of harassment or abuse,
may nonetheless create an atmosphere of hostility or intimidation.
The World Bank
1818 H Street N.W.
(202) 477-1234
INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT
Washington, D.C. 20433
Cable Address: INTBAFRAD
INTERNATIONAL DEVELOPMENT ASSOCIATION
U.S.A.
Cable Address: INDEVAS
April 16, 1998
Ms. Kaye Boesel
I.O. Bureau, Room 6334
Department of State
Washington, D.C. 20520
Dear Ms. Boesel:
In follow up to the meeting on April 1, 1998, at your office attended by
representatives of various international organizations, I am writing to confirm the
procedures and policies followed at the World Bank in situations where the Bank receives
court orders or requests for information in domestic relations matters. You identified
three general areas of interest: (i) access to payroll records; (ii) court ordered support;
and (iii) divorced spouse rights in respect of pensions.
Access to Payroll Information: Under the Bank's Staff Rules, staff records,
including payroll information, are generally not made available to persons outside the
Bank, unless the staff member authorizes disclosure of the information in writing. The
Bank has prepared a form (Form 2298) that staff members may sign in order to authorize
a spouse to access information contained in the staff records, including payroll
information. A copy of Form 2298 is attached as Attachment 1. In situations where staff
members have been unwilling to provide authorization, there are generally two
mechanisms that remain available to spouses: The first is to make use of discovery
procedures to require the staff member to provide the payroll information to the spouse.
(Staff members have access to their own payroll information and may, upon request,
obtain a written statement from the Bank confirming their earnings.) Alternatively, the
spouse may seek to obtain an order compelling the staff member to complete and submit
to the Bank Form 2298, in which case the information could be provided directly to the
spouse by the Bank.
Situations of Court Ordered Support. Principle 3 of the Principles of Staff
Employment makes it clear that the Bank's privileges and immunities "shall not excuse
staff members from the performance of their private obligations or from the due
observance of the law." A copy of Principle 3 is attached as Attachment 2. Staff Rule
8.01, "Disciplinary Measures" provides that "acts or omissions in conflict with the
general obligations of staff members set forth in Chapter Three of the Principles of Staff
Employment.. may form a basis for a finding of misconduct. A copy of the relevant
provisions of Staff rule 8.01 is attached as Attachment 3. Also attached, as Attachment 4,
is a copy of the Bank's Code of Professional Ethics.
Pursuant to Principle 3, whenever the Bank receives a final order of a court
obligating a staff member to pay support, either to a spouse or a child, the Bank's practice
RCA 248423. m WUI 64145 m FAX (202) 477-6391
Ms. Kaye Boesel
-2-
April 16, 1998
is to refer the matter to the Office of Professional Ethics ("OPE") after informing the
court and counsel that the Bank's privileges and immunities preclude enforcement of
garnishment orders. The OPE then calls the matter to the attention of the staff member
concerned and informs him/her that the legal obligation must be fulfilled or disciplinary
measures may be imposed. The staff member is required to provide OPE with
documentary evidence that payments are being made for three months thereafter.
Counsel for the spouse is free to contact OPE directly if, at any time, payments are not
being made. According to OPE, in the period 1993-1997, twenty-two cases involving
court ordered support have come to the attention of OPE. OPE advises that all twenty-
two were resolved by the staff member meeting his obligations after intervention by OPE,
although in one case OPE did have to work with the staff member's manager to prevail
upon the staff member to fulfill his obligations.
Divorced Spouses and Pension Rights. In 1995, the Staff Retirement Plan of the
Bank ("SRP") was amended to include a provision that allows the SRP to make payments
to divorced or legally separated spouses from either a commuted sum or a normal or an
early retirement pension payable to a retired staff member. There must be a final court
order imposing an obligation of support arising out of the marital relationship for the
provision to apply. The Bank requires a certified copy of a final court order in order to
apply the provision of the SRP relating to divorced or legally separated spouses.
Attached is a copy of a circular distributed to all staff describing the provision
(Attachment 5) as well as a copy of the Plan provision itself (Attachment 6). You will
note that the circular includes a memorandum intended principally for use of counsel that
explains the SRP provision in greater detail. The Pension Office informs me that at
present it has thirty-six court orders on file, of which eight are now in payment.
I hope you find this information and documentation helpful in understanding the
seriousness with which the Bank regards these matters and the efforts the Bank makes to
see to it that concerned staff do no abuse their positions as international civil servants to
avoid personal legal obligations in the domestic relations area. Please do not hesitate to
contact me if you require additional information.
Sincerely,
Devid & Rivero
David Rivero
Chief Counsel, Administration Unit
Legal Department
Enclosures
Attachment 1
THE WORLD BANK GROUP
AUTHORIZATION FOR SPOUSE/DOMESTIC PARTNER TO BENEFITS INFORMATION
INSTRUCTIONS -- Complete this form and submit it to Benefits Administration Unit, PSCBE.
- Keep a copy for your records.
- Inform your spouse/domestic partner accordingly OR give him/her a copy of this completed form.
-- Type or print.
Staff Member's Name (Last, First, M.I.)
Staff No.
Spouse's/Domestic Partner's Name (Last, First, M.I.)
1. I authorize my spouse/domestic partner, whose name appears above, to have access to the following information:
-- Life Insurance
- Field Assignment Benefits
- Pension
- Other Benefits (e.g. home country travel. education,
-- Beneficiaries
financial assistance, resettlement)
-- Dependency Allowance
- Salary
2. I may revoke this authorization at any time by delivering written notice to my Benefits Counsellor to that effect. (I
will give a copy of this revocation to my spouse/domestic partner). In the event that my spouse/domestic partner
subsequently requests information s/he will be advised of the revocation. This authorization is effective as of the
date receipt is acknowledged by the Benefits Administration Unit, PSCBE.
Staff Member's Signature
Date
For Benefits Administration Unit, PSCBE, Use Only
Benefits Counsellor's Signature
Date
2298 (7-93)
Attachment 2
THE WORLD BANK AND INTERNATIONAL FINANCE CORPORATION
August 1983
Staff Manual
Principle 3
Page 1 of 2
GENERAL OBLIGATIONS
OF STAFF MEMBERS
3.1
The sensitive and confidential nature of much of their work
requires of staff a high degree of integrity and concern for the interests
of the Organizations. Moreover, as employees of international organi-
zations, staff members have a special responsibility to avoid situations
and activities that might reflect adversely on the Organizations, com-
promise their operations, or lead to real or apparent conflicts of interest.
Therefore, staff members shall:
(a) discharge their duties solely with the interest and objectives of
the Organizations in view and in so doing shall be subject to the
authority of the President and responsible to him;
(b) respect the international character of their positions and main-
tain their independence by not accepting any instructions relat-
ing to the performance of their duties from any governments, or
other entities or persons external to the Organizations unless on
secondment to them or employed by them while on leave of
absence from The World Bank or the IFC. Staff members shall
not accept in connection with their appointment or service with
the Organizations any remuneration, nor any benefit, favor or
gift of significant value from any such governments or other
entities or persons, nor shall they, while in the service of The
World Bank or the IFC, accept any medal, decoration or similar
honor for such service. Staff members may retain reemployment
rights or pension rights acquired in the service of another
organization;
(c) conduct themselves at all times in a manner befitting their status
as employees of an international organization. They shall not
engage in any activity that is incompatible with the proper
discharge of their duties with the Organizations. They shall
avoid any action and, in particular, any public pronouncement
or personal gainful activity that would adversely or unfavorably
reflect on their status or on the integrity, independence and
impartiality that are required by that status; and
(d) observe the utmost discretion in regard to all matters relating to
the Organizations both while they are staff members and after
their service with the Organizations has ended. In particular
they shall refrain from the improper disclosure, whether direct
or indirect, of information related to the business of The World
Bank or the IFC.
3.2
All rights in any work produced by staff members as part of their
official duties shall belong to The World Bank or the IFC unless such
rights are explicitly relinquished.
Privileges and Immunities
3.3
Staff members shall enjoy, in the interests of their Organizations,
privileges, immunities, and facilities to which the Organizations, their
officers and employees are entitled under their respective Articles of
Agreement or other applicable treaties or international agreements or
THE WORLD BANK AND INTERNATIONAL FINANCE CORPORATION
August 1983
Staff Manual
Principle 3
Page 2 of 2
other laws. Such privileges, immunities, and facilities shall not excuse
staff members from the performance of their private obligations or from
the due observance of the law. Having regard to the particular circumst-
ances, the Organizations may decide whether, in the interests of the
Organizations, an immunity shall be waived or invoked.
THE WORLD BANK/IFC/MIGA
Attachment 3
July 1, 1997
Staff Rule 8.01
Staff Manual
Page 1 of 6
DISCIPLINARY MEASURES
1. SUBJECT AND APPLICABILITY
Subject
1.01 This Rule governs the use of disciplinary measures by the Bank Group and sets forth the
forms such measures may take. This Rule, as revised, is effective July 1, 1997.
Applicability
1.02 This Rule applies to all staff members.
2. RELATION TO RULE 9.03 (APPEALS COMMITTEE)
2.01 Any disciplinary measures taken pursuant to this Rule shall be a "formal disciplinary
action" for purposes of Rule 9.03, "Appeals Committee."
3. MISCONDUCT
3.01 Disciplinary measures may be imposed whenever there is a finding of misconduct.
Misconduct does not require malice or guilty purpose. Misconduct includes, but is not limited
to, the following acts and omissions:
(a)
Failure to observe Principles of Staff Employment, Staff Rules, and other duties
of employment (e.g., failure to observe Bank Group health and safety regulations
or personnel information policies; failure to observe Bank Group information
disclosure policies; unauthorized use of Bank Group electronic data bases;
unauthorized use of Bank Group offices, equipment, and computer resources;
abuse of authority; the condonation or willful failure to disclose knowledge of the
misconduct of other staff members, where it is subsequently determined the staff
member could reasonably have been expected to come forward; intentional or
reckless disregard of duty; gross negligence in the performance of assigned
THE WORLD BANK/IFC/MIGA
July 1, 1997
Staff Rule 8.01
Staff Manual
Page 2 of 6
duties; absence from duty without justifiable cause; abuse or misuse of Bank
Group benefits and allowances);
(b)
Reckless failure to identify, or failure to observe, generally applicable norms of
prudent professional conduct; failure to perform assigned duties or performance
of assigned duties in an improper or reckless manner; failure to know, and
observe, the legal, policy, budgetary, and administrative standards and restrictions
imposed by the Bank Group; undertaking an activity where authority to do so has
been denied; failure to exercise adequate control and supervision over the
execution of assigned tasks; and use of Bank Group funds or property for
improper purposes; retaliation against those who in good faith bring allegations of
misconduct to the attention of management or who avail themselves of the Bank's
grievance system; willful misrepresentation of facts intended to be relied upon;
(c)
Acts or omissions in conflict with the general obligations of staff members set
forth in Chapter Three of the Principles of Staff Employment and Rule 3.01,
"Outside Activities and Interests";
(d)
Misuse of Bank Group funds or other public funds for private gain in connection
with Bank activities or employment, or abuse of position in the Bank for financial
gain;
(e)
Acts that violate applicable criminal law (e.g., theft, fraud, felonious acts, use or
possession of illegal drugs, physical assault); and
(f)
Harassment, including harassment on the basis of age, race, color, sex, sexual
orientation, or national origin.
4. DISCIPLINARY MEASURES
4.01 Disciplinary measures imposed by the Bank Group on a staff member shall be determined
on a case-by-case basis, taking into account the seriousness of the matter, extenuating
circumstances, the situation of the staff member, the interests of the Bank Group, and the
frequency of conduct for which disciplinary measures may be imposed, except that termination
of service shall be mandatory where it is determined that any of the following misconduct has
occurred:
Attachment 4
THE WORLD BANK GROUP
CODE OF PROFESSIONAL ETHICS
Being a staff member of the World Bank Group offers a unique opportunity to contribute to the
institution's mission: to reduce poverty and improve people's living standards throughout the world. Bank
Group service also entails certain obligations: to promote the objectives of the World Bank Group; to serve
with probity, integrity, and impartiality; and to hold oneself to the highest standards of professional ethics.
Staff members of the World Bank Group are expected to perform their assigned duties with the
highest level of technical competence and efficiency. They are also expected to treat fellow staff members in
a courteous, professional manner-free from any form of harassment or discrimination-and thus benefit from
working in a diverse, multinational workplace. Staff members who serve as Managers should provide staff
reporting to them with honest, clear and constructive evaluations of work free from bias or favoritism.
To meet the highest standards of professional ethics, staff members should:
-
observe the policies, rules and procedures adopted by the World Bank Group, including
rules relating to situations of conflict of interest, and report to supervisors any departure.
by other staff members from such policies, rules, or procedures;
--
pay due regard to the appropriate use of World Bank Group resources;
--
undertake official actions without being influenced by personal relationships or
considerations;
--
act within the scope of their authority;
--
retain full accountability and responsibility for tasks delegated to other staff and exercise
adequate control and supervision;
--
consult appropriately with fellow staff and managers to ensure that decisions are based on
full and accurate information consonant with the weight of the decision, and provide
decision-makers with candid analysis;
--
respect the dignity and privacy of colleagues in their personal lives.
Staff members should adhere to the same standards of professional ethics in their dealings with
member governments and all others with whom they come in contact by virtue of their work.
In fulfilling these obligations, staff members should be mindful of the requirements imposed on
staff by the Articles of Agreement, the Principles of Staff Employment, and the Staff Rules which apply to the
Bank, IFC, and MIGA, in particular, of Chapter 3 of the Principles which relates to the general obligations of
staff members and Staff Rule 3.01, Outside Activities and Interests, which implements that Chapter.
Staff members encountering a situation that may pose an issue of professional ethics may seek
advice from their manager and/or consult with the Ethics Officer or the Ombudsman.
* Staff members should refer to the Staff Manual for familiarization with all requirements of Staff
Rule 3.01, "Outside Activities and Interests," which includes provisions on disclosure and use of inside
information, on disclosure of financial and business interests, and where applicable on financial disclosure
statements of senior staff. Provisions of the Articles are set out in Attachment 1 and Chapter 3 of the Principles
of Staff Employment in Attachment 2.
Attachment
Articles of Agreement
Article V, Section 5(c) of the Articles of Agreement of the Bank (and corresponding
provisions in the charters of other Bank Group institutions) provides that:
"The President, officers and staff of the Bank, in the discharge of their
offices, owe their duty enttrely to the Bank and to no other authority.
Each member of the Bank shall respect the international character of
this duty and shall refrain from all attempts to influence any of them in
the discharge of their duties.'
Principles of Staff Employment
Chapter 3 of the Principles of Staff Employment (which applies to MIGA as well as the
Bank and IFC) provides as follows:
The sensitive and confidential nature of much of
their work requires of staff a high degree of integrity and concern for the
interests of the Organizations. Moreover, as employees of international
organizations, staff members have a special responsibility to avoid
situations and activities that might reflect adversely on the
Organizations, compromise their operations, or lead to real or apparent
conflicts of interest. Therefore, staff members shall:
(a) discharge their duties solely with the interest and
objectives of the Organizations in view and in so doing shall be subject
to the authority of the President and responsible to him;
(b) respect the international character of their positions
and maintain their independence by not accepting any instructions
relating to the performance of their duties from any governments, or
other entities or persons external to the Organizations unless on
secondment to them or employed by them while on leave of absence from
The World Bank or the IFC. Staff members shall not accept in
connection with their appointment or service with the Organizations any
remuneration, nor any benefit, favor or gift of significant value from any
such governments or other entities or persons, nor shall they, while in
the service of The World Bank or the IFC, accept any medal, decoration
or similar honor for. such service. Staff members may retain employment
rights or pension rights acquired in the service of another organization;
(c) conduct themselves at all times in a manner befitting
their status as employees of an international organization. They shall
- 2 -
not engage in any activity that is incompatible with the proper discharge
of their duties with the Organizations. They shall avoid any action and,
in particular, any public pronouncement or personal gainful activity,
that would adversely or unfavorably reflect on their status or on the
integrity, independence and impartiality that are required by that status;
and
(d) observe the utmost discretion in regard to all
matters relating to the Organizations both while they are staff members
and after their service with the Organizations has ended. In particular
they shall refrain from the improper disclosure, whether direct or
indirect, of information related to the business of The World Bank or the
IFC.
All rights in any work produced by staff members as
part of their official duties shall belong to The World Bank or the IFC
unless such rights are explicitly relinquished.
Privileges and Immunities
Staff members shall enjoy, in the interests of their Organizations, privileges, immunities,
and facilities to which the Organizations, their officers and employees are entitled under their respective
Articles of Agreement or other applicable treaties or international agreements or other laws. Such
privileges, immunities, and facilities shall not excuse staff members from the performance of their private
obligations or from the due observance of the law. Having regard to the particular circumstances, the
Organizations may decide whether, in the interests of the Organizations, an immunity shall be waived or
invoked."
Attachment
MEMORANDUM: Support Payments to Former and Legally Separated Spouses
(This memorandum is intended principally for the use of counsel.)
1.
Section 5.1(c) of the World Bank Staff Retirement Plan provides for two ways of
authorizing the payment of amounts for support to former or legally separated spouses from periodic
pensions payable under Section 3.1, 3.2, and 3.3 of the Plan. These pensions are the normal retirement
pension, the early retirement pension, and the reduced early retirement pension. Section 5.1(c) also
provides for the payment of such amounts from a lump sum payment commuted under Section 4.4(a) of
the Plan by the same means. These payments, to the extent authorized, will be paid only if and when the
pension or lump sum becomes payable to a retired participant. The amount authorized to be paid to the
former or legally separated spouse may not exceed the amount otherwise payable to the retired participant.
2.
Section 5.1(c) permits the payment of these amounts in cases where the retired
participant is under a legal obligation arising out of the marital relationship to provide support to the
former or legally separated spouse. Section 5.1(c) provides for the authorization of the payment either by
direction of the participant or the retired participant or pursuant to a final decree of a court of competent
jurisdiction. The Bank will not interpret agreements between spouses or former spouses, directions to pay
or decrees of courts in cases of ambiguity or resolve questions where there is a bona fide dispute about the
efficacy, finality or meaning of a decree. In these cases, the Bank will retain the amount disputed pending
the resolution of outstanding questions by the parties themselves. Where the Bank is requested to give
effect to a decree of a court by a person other than the participant or retired participant, no payment will be
made sooner than 60 days after the Bank has received notice of the request accompanied by a certified
copy of the decree. During such 60 days, the Bank will notify the participant that, on a specific date,
payment to the spouse or former spouse will be made or commence in the absence of credible objection
received by the Bank before that date.
3.
The payment will be made only to the- spouse or former spouse (or a personal
representative) and may not be assigned or pledged. The Bank will not make payments to assignees,
mortgagees or other pledgees. A payment from a lump sum under Sec. 4.4(a) of the Plan will be made in
United States dollars only. Other payments will be paid in single currency, which will be the currency
specified in the final court order, if any; or a currency in which the pension of the retired participant is paid
if it is also the currency of the country where the spouse maintains the spouse's principal residence; or if
there is no such currency, in United States dollars.
4.
All rights in assets of the Plan, including amounts payable under the Plan, belong to the
Bank as provided in the Plan. The Bank will not give effect to provisions of agreements, directions or
decrees which purport to divide the pension pursuant to a division of marital or community property or
otherwise to establish or convey an interest in the assets of the Plan, pensions or other benefits. Once a
series of continuing payments commences, it will not be terminated, nor, where the amount of the
payments is level, the amount reduced unless it is demonstrated to the Bank's satisfaction that the
underlying obligation has terminated or its level diminished. The adoption of Section 5.1(c) or the
payment of amounts pursuant to it does not create a fiduciary obligation from the Bank to a spouse or
former spouse nor make the spouse or former spouse a beneficiary of the Plan. The Bank undertakes no
obligation of notice or responsibility regarding a retired participant's compliance or failure to comply with
other provisions of agreements, orders or decrees.
M:\ADMINPENSIONSRPATT.FYI
April 2, 1996 11:57 AM
THE WORLD BANK/IFC/MIGA
Attachment 5
FOR YOUR INFORMATION
FYI/94/029
TO ALL STAFF
November 15, 1994
STAFF RETIREMENT PLAN REVISIONS
Support Payments for Ex-Spouses
1. I am pleased to advise that the Executive Directors have
approved an amendment to the Staff Retirement Plan to permit
payments from the Plan for the support of divorced or legally
separated spouses of retired Plan participants. The amendment,
which becomes effective January 2, 1995, was supported by the
Staff Association, the 1818 Society and the World Bank Volunteer
Services.
2.
The amendment provides for these payments as follows:
(a) Support payments to former and legally separated
spouses can be made out of normal or early
retirement pensions and from lump sum
commutations. Such payments become payable only
if and when the pension or lump sum becomes
payable to a retired participant, and their
amounts may not exceed what would otherwise be
payable to the retired participant.
(b) These support payments may only be made in cases
where the retired participant is under a legal
obligation to provide support to the former or
legally separated spouse. Payments can be
authorized by either the written direction of the
participant or retired participant or pursuant to
a final decree of a court of competent
jurisdiction.
(c) If the Bank is requested by a person other than
the participant or retired participant to give
effect to a final decree of a court ordering
support payment, it will notify the participant or
retired participant. Where the Bank is in doubt
about direction to pay a decree, it will retain
payments pending its resolution by the action of
the principals, the retained sum to be paid
without interest when the doubt is resolved. The
Bank will not give effect to provisions of
agreements, directions or decrees intended to
convey an interest in the assets of the SRP,
pensions or other benefits.
20
Attachment 6
Any such payment payable after the death of the person to whom it otherwise would have been paid may be paid to
a spouse surviving the deceased person.
(c)
A participant or a retired participant. pursuant to a legal obligation arising fron. a marital relationship
to support one or more former spouses. or a spouse from whom there is a decree of legal separation. may direct that
a specified amount or part of a pension payable under Section 3.1. 3.2, or 3.3. or of a lump sum payment commuted
from such a pension under Section 4.4(a) shall be paid to one or more such former spouses or the spouse. If the
participant or retired participant is obligated by a final order of a court to direct that such a payment be made, the
Benefits Administrator shall pay the pension or lump sum payment accordingly after receipt of the order: provided.
however, that neither the participant. retired participant. nor the Benefits Administrator may convey an interest in
the Retirement Fund of the Plan or in the pension or other benefits of a participant or retired participant to any
person. The amount or part of a pension payable pursuant to such an obligation may be increased at any time by a
participant or retired participant. The payment may be decreased when the obligation diminishes. and the payment
shall terminate when the obligation terminates, provided, in each case. that the participant or retired participant
furnishes evidence satisfactory to the Administration Committee of such diminution or termination. No payment
hereunder pursuant to a final order of a court will be payable sooner than the end of the month which is at least 60
days after the Benefits Administrator has received an authenticated copy of the order.
(d)
Distribution of the entire benefit payable on account of a participant or retired participant shal!
commence no later than the beginning date required under applicable governmental regulations. Distribution may
continue over a period no longer than the longest of (i) the life of the retired participant, (ii) the lives of the retired
participant and a designated beneficiary. (iii) the life expectancy of the participant or retired participant or (iv) the
joint and last survivor life expectancy of the participant or retired participant and a designated beneficiary.
(e)
If a retired participant dies after distributions to him have begun, all death benefits shall be
distributed at least as rapidly as under the method of distribution being used on his death.
(f)
If a participant or retired participant dies before distributions to him have begun. the death benefits
shall be distributed (i) over a period no longer than the longer of the life or life expectancy of a designated
beneficiary (and distribution shall begin no later than December 31 of the calendar year after the year of the
participant's or retired participant's death or a later date prescribed in applicable governmental regulations), or (ii) in
- 2 -
(d) Once a series of continuing payments commences, the
amount will not be reduced unless it is demonstrated
that the underlying obligation has diminished.
3. It is worth emphasizing that, by allowing for the direction
of pension payments to former spouses, the amendment changes only
the distribution of payments of existing benefits. It does not
create any new benefits, nor a fiduciary obligation to a spouse
or former spouse, nor make the spouse or former spouse a
beneficiary of the SRP.
4. Attached is a memorandum prepared by the Legal Department
for use in framing directions to pay or court decrees
consistently with this new provision. This memorandum is
intended principally for the use of counsel. Staff members,
retirees and their spouses who are initiating proceedings for
divorce or legal separation should draw it to the attention of
counsel.
Effective Date and Termination of Pensions
5. Prior to this amendment, the Staff Retirement Plan provided
that most pensions would become effective on the first of the
month following the month in which the participant retired.
Thus, for a participant who retired in the middle of a month,
there would be a gap between the payment of salary and the
payment of pension. This amendment provides that pensions can
become effective on the day following retirement, with a fraction
of the monthly amount payable for the month in which the pension
becomes effective. Similar provisions apply to the month in
which the pension ceases.
Questions
6. Copies of the revised Plan document reflecting these changes
can be picked-up from MC4-438 or by sending an All-in-One message
to PENSION. If you have questions about these changes, please
contact the Pension Department on Extension 82977.
E Wessols
Everardo Wessels
Director
Personnel Services & Compensation
Attachment
Organización de los Estados Americanos
Organização dos Estados Americanos
Organization des États Américains
Organization of American States
17th and Constitution Ave., N.W. Washington, D.C. 20006
Date: 04/09/98
Ms. Kay Basil
Bureau of International Organizations
United States Department of State
Washington, D.C. 20520
RE:
Request for Information on Policies and Procedures for Providing
Information on Salaries and Benefits of GS/OAS Staff Members to Courts,
for Garnishment of Staff Remuneration, and for Spousal Access to
Pension Benefits
Dear Kay:
As we discussed at last Thursday's meeting in your office, the OAS General
Secretariat ("GS/OAS") has a long-standing policy of prohibiting staff members from
hiding behind the Organization's privileges and immunities to avoid their personal
responsibilities to the community, and in particular, to their families. In that regard, I am
enclosing a copy of GS/OAS Staff Rule 101.9, which sets out that policy in greater
detail.
At the close of the meeting, you asked me to confirm in writing the specific
practices followed by the General Secretariat in responding to specific requests from
courts for information on a staff member's salary and benefits; garnishment orders; and
qualified domestic support orders ("QUADRO"). Our response follows below:
1.
Judicial Requests for Information
The General Secretariat responds to all judicial requests for information on the
salary and benefits of its staff members by providing the information requested,
provided the request is reasonable. Requests are generally considered reasonable if
they are not overbroad and will not require the Secretariat to devote an inordinate
amount of staff time and resources for the response. In responding to requests for
information, GS/OAS advises the Court that it is immune from judicial process, but that
it will provide the information requested voluntarily in light of its general policy of
cooperating with local authorities on matters of this nature. It adds that in no way is its
voluntary response to the court's request to be construed as a waiver of its privileges
and immunities. Subsequently, GS/OAS informs the staff member concerned that it has
received and answered the request.
2
2.
Garnishment Orders
When GS/OAS receives a garnishment order, the Department of Human
Resources ("DHR") calls the staff member in to advise him of his obligations to comply
with the laws of the host country, including court orders. It further tells the staff member
that if he does not voluntarily pay what is ordered, the Secretariat will waive immunities
regarding any assets it holds for his account and will comply with the order. GS/OAS
will also remind the staff that it considers failure to comply with a court order a breach of
the Organization's loyalty oath and of the standard of conduct required of international
civil servants, and that his persistent refusal to comply with those orders will result in
disciplinary action, including the possibility of dismissal.
To this date, GS/OAS has not had to garnish or discipline a staff member for
noncompliance with a court order. To the best of our knowledge, all delinquent staff
members have taken the above-mentioned GS/OAS warnings seriously and have
complied with their obligations.
3.
GS/OAS Pension Benefits
Under the terms of the OAS Retirement and Pension Plan, only those employees
who entered the Plan prior to 1981 are allowed to assign their pension benefits. All
other employees are prohibited from assigning those benefit and their survivor benefits
are paid out automatically to the surviving spouse and/or minor and/or disabled children.
Presently, the OAS Retirement and Pension Committee, which serves as the Plan's
Trustees, is evaluating proposed Plan amendments which would permit post-1980 Plan
participants to assign pension benefits as part of a domestic relations settlement or for
the limited purpose of complying with a domestic relations order.
To this date, GS/OAS has had no complaints regarding post-1980 participants in
the Plan and their spouses. Problems regarding the pre-1981 Plan participants involved
in domestic relations disputes have been settled by convincing them to assign
irrevocably plan entitlements as required.
If the Plan is not amended to permit assignment of benefits by post-1980
participants, the Plan Trustees will have to determine, when and if it receives the first
QUADRO for those participants, whether it will waive the Plan's immunities and submit
to the Order. The ultimate decision will rest on the Committee's assessment of the
probability that the OAS Administrative Tribunal would find that compliance with the
QUADRO a violation of the Plan. Our preliminary opinion is that the probability of such
a finding is remote. Nonetheless, the issue has not yet been fully evaluated and we
have yet to render a final opinion.
3
I hope that the foregoing information will be helpful for your response to the
National Security Council on these issues. Should you require further assistance,
please do not hesitate to ask.
Very truly yours,
William M. Berenson
Director, Department of Legal Services
Cc
R. Avila
N. Laporte
L. Lizondo
L. Zark
- 6
Rule 101.9 Conditions Governing Privileges and Immunities
(a) Any and all privileges and immunities accorded to staff members by the Member
States by way of agreement, legislation, or custom and practice, are granted in the
interests of the General Secretariat and not for the personal benefit of the individuals
themselves. The Secretary General may waive the immunity of any staff member in
any case, where in the Secretary General's opinion, the immunity would impede the
course of justice and can be waived without prejudice to the interests of the
Organization.
(b) Without prejudice to the above-mentioned privileges and immunities, it is the duty
of each staff member to respect the laws of his duty station or of any Member State
in which he is on Mission or to which he is otherwise assigned.
(c) Prior to leaving his duty station, retiring, or otherwise separating from service,
a staff member who is not an immigrant or citizen of the duty station country and
against whom a civil action is pending in any court in his duty station in relation to
activities for which there is no immunity under the corresponding agreements and
laws, or for which immunity has been waived, must appoint an agent resident in the
duty station. The staff member shall authorize that agent to receive process relating
to the civil action, and in the event a final judgment is issued against the staff
member, to receive salary, pensions, and other remuneration due him from the General
Secretariat, so that such salary, pensions, and other remuneration may be available
to satisfy the judgment. In the event the staff member fails to appoint that agent, the
General Secretariat shall have the authority to appoint an agent for him and may do
so. Any agent so appointed pursuant to this paragraph shall be resident in the duty
station, or in any other locations which the General Secretariat deems appropriate.
7/05 95 version (subject to editing), ed. rev. 1 of 1/10/96
3599
NCSEA
National Child Support Enforcement Association
********
OFFICERS & DIRECTORS
-1997-1998-
President
W. RICHARD PRATER
May 7, 1998
419-774-5731
President-Elect
The President
RICHARD "Casey" HOFFMAN
512-437-6100
The White House
First Vice President
1600 Pennsylvania Ave. N.W.
DIANNA DURHAM-McLOUD
312-793-4790
Washington, D.C. 20500
Second Vice President
MARGARET C. HAYNES
202-362-9811
Re: Request for Executive Order
VP for International Reciprocity
GARY CASWELL
210-337-0058
Dear Mr. President:
Treasurer
JOYCE D. McCLARAN
615-313-4879
The National Child Support Enforcement Association (NCSEA) joins the American
Secretary
Bar Association Section of Family Law in requesting the removal of immunity of
WILLIAM F. RYAN, JR.
617-742-9743
international organizations to state court jurisdiction in family support cases
Immediate Past President
involving their employees.
JUDY JONES JORDAN
501-985-3135
-1995-1998-
Since 1952, the primary mission of NCSEA has been to protect the well-being of
HON. ELLEN BRANTLEY
children through effective law enforcement. This mission has been effectively
501-340-8542
MARK CHEEK
thwarted by organizations invoking immunity from child support enforcement under
800-334-5161 x7412
the International Organizations Immunities Act (1945) 22 U.S.C. 288 (IOIA).
ROBERT DOAR
518-474-1078
Despite a growing arsenal of enforcement tools, this Nation's 55,000 child support
LESLIE FRYE
workers are powerless against over 70 international organizations designated by
916-654-1556
DAVID A. HOGAN
Executive Order to enjoy the absolute immunity offered by the IOIA. As a result
360-866-0190
child support cases involving employees working for IOIA are either closed or never
MARC RODGERS
517-373-9202
opened on IV-D agencies automated systems. Fortunately, the IOIA also gives the
-1996-1999-
President the power, by Executive Order to modify, limit, condition, or revoke
RAYMOND DAVID VELA
512-460-6100
these organizations' immunities.
JERRY FAY
617-577-7200 X30482
JIM HENNESSEY
In the interest of our children, NCSEA requests that you exercise your authority
515-281-5767
under the IOIA to issue appropriate executive orders immediately removing the
LAURA KADWELL
612-297-8232
immunity of international organizations to state court jurisdiction in family support
TERESA KAISER
cases involving their employees.
573-751-1374
HON. CHARLES McCLURE
904-488-6747
Respectfully,
-1997-2000-
ANN BARKLEY
916-845-5253
JUDITH M. FINK
954-765-5011
MICHAEL G. GOTSCH
Gary Caswell
219-235-9786
Vice President, International Reciprocity
HON. THOMAS L. LEEDS
702-455-2190
Assistant Attorney General, Texas
BARD SHOLLENBERGER
202-414-3614
PATRICIA SPEAR
402-334-4445
JOEL K. BANKES
/18 8.30
Hall of the States 0 444 North Capitol Street 0 Suite 414 0 Washington, DC 20001-1512
Executive Director
Phone: 202-624-8180 0 FAX: 202-624-8828
3597
ABA
1997-98
AMERICAN BAR ASSOCIATION
Section of Family Law
COUNCIL
750 North Lake Shore Drive
CHAIR 1997-99
Chicago, IL 60611
Maurice Jay Kutner
Miami, FL
(312) 988-5603
[email protected]
FAX: (312) 988-6800
VICE-CHAIR
E-MAIL: [email protected]
Sandra Morgan Little
Albuquerque, NM
May 13, 1998
http//www.abanet.org/family
[email protected]
SECRETARY
Reply To:
H. Joseph Gitlin
Woodstock, IL
[email protected]
FINANCIAL OFFICER
The President
Cynthia Coulter George
Greenwich, CT
The White House
[email protected]
SECTION DELEGATES TO THE
1600 Pennsylvania Ave., NW
HOUSE OF DELEGATES
Harvey L. Golden (2000)
Washington, DC 20500
Columbia, SC
Richard J. Podell (1999)
Milwaukee, WI
Dear Mr. President:
IMMEDIATE PAST CHAIR
Ira H. Lurvey
Los Angeles, CA
The American Bar Association's Section of Family Law submits these comments
COUNCIL
Officers and the following
in support of removing the immunity of international organizations to state court
Council Members-at-Large
Gregg M. Herman (2000)
jurisdiction in family support cases involving their employees. The views
Milwaukee, WI
James B. Preston (200)
Visalia, CA
expressed herein are presented on behalf of the Section of Family Law. They have
Peggy L. Podell (2000)
Milwaukee, WI
not been approved by the House of Delegates or the Board of Governors of the
Phyllis G. Bossin (1998)
Cincinnati, OH
American Bar Association and, accordingly, should not be construed as
Sharon L. Corbitt (1998)
Tulsa, OK
representing the position of the Association. However, the comments are
Howard I. Lipsey (1998)
Providence, RI
consistent with current policy which supports the use of garnishment to secure
Robert D. Arenstein (1999)
New York, NY
payments of family support.
Susan Stephens Coats (1999)
San Francisco, CA
Joel D. Tenenbaum (1999)
Wilmington, DE
Region I
The Section of Family Law urges use of the power granted you by the
Barbara Kahn Stark (1998)
New Haven, CT
International Organizations Immunities Act, 22 U.S.C. §288 et seq, to issue an
Region II
Sheil Edlin (2000)
executive order removing the immunity of international organizations to state
Atlanta, GA
Region III
court jurisdiction in family support cases involving their employees.
Jeff Atkinson (1999)
Wilmette, IL
Region IV
Robert G. Spector (2000)
Norman, OK
International organizations appear to be deeply committed to the long-standing
Region V
David L. Walther (1998)
policy of protecting their employees from legal obligations to support former
Santa Fe, NM
Region VI
spouses and children. They have responded to recent State Department inquiries
Llewelyn G. Pritchard (1997)
Seattle, WA
by claiming that, although the spouses and children used to have difficulty in
Editor, Family Law Quarterly
Linda D. Elrod
obtaining income information needed to process support petitions, and were often
Topeka, KS
Editor, Family Advocate
Willard DaSilva
unable to collect child support and alimony from international organization
Garden City, NY
Young Lawyers Division Liaison
employees, various policy changes made in 1995 eliminated the problem. In fact,
Anita M. Bolanos
Chicago
family law attorneys, child support caseworkers and those actively involved in the
Law Student Division Liaison
process have experienced otherwise.
NON-VOTING MEMBERS
Board of Governors Liaison
Herbert J. Belgrad
Baltimore, MD
Parliamentarian
Sondra I. Harris
Woodmere, NY
ABA STAFF
Section Director
Glenda Berg Sharp
Chicago, IL
[email protected]
8:30
Administrative Assistant
Regina Smith
Chicago, IL
[email protected]
Y18
Page Two
May 13, 1998
The positions taken by international organizations have prevented state courts
from ordering the release of information necessary to identify income and assets of
employees and, as a result, the ability to fashion equitable and enforceable orders
has been severely diminished. Additionally, courts have been powerless to secure
assets to prevent their unilateral dissipation by a litigant or to compel the payment
of family support awards through garnishment.
For example, the National Child Support Enforcement Association was asked in
Summer, 1997 to support private litigation in the federal court in the District of
Columbia based on the effort of an individual litigant to collect past due child
support and enforce a judgment arising from the divorce through a garnishment
process. Because the defendant, the Inter-American Development Bank, routinely
wired the payor's wages directly to a foreign bank account, enforcement of the
judgment was extraordinarily difficult. The practical result is that families and
children are left without adequate means of support and the family court is
powerless to effectuate its orders.
As you know, the House of Representatives agreed on March 26, 1998 to the
Conference Report on State Department Authorization bill, HR 1752. Sponsored
by NY Congressman Lazio, this bill addresses the sense of Congress regarding
compliance with child and spousal support obligations by United Nations
personnel.
The Section recognizes the emotional and economic suffering of children and
former spouses caused by nonpayment of family support or distribution of assets
upon which a dependent spouse relies. For these reasons, we urge removing the
immunity of international organizations to state court jurisdiction in family support
cases involving their employees.
Respectfully submitted,
Maurice Manine Jay Kutner Jag Putrer
Section Chair
FROM CLennon 703 318 0166
05-23-98 10:44AM TO 2024569140
#9 P.2/4
Caryn S. Lennon, J.D.
Suite 400
1825 I Street, NW
Washington, DC 20006
Telephone:
Facsimile:
202-429-2089
703-318-0166
May 23, 1998
Faith Dornbrand
Sherman, Meehan, Curtin & Ain
1900 M Street, NW, Suite 600
Washington DC 20036-3565
Dear Faith,
As you know, representation of an international organization (IO) spouse in a
divorce is one of the most difficult kinds of cases you can undertake. There are obstacles
from beginning to end, such as:
Obtaining information. The policy of the majority of IOs is to refuse disclosure of
any information whatsoever. Citing the immunity granted by the International
Organizations Immunities Act, 22 U.S.C. Sec. 288, requests for salary and
benefits information on employees are routinely denied, and court orders are
ignored. Without accurate data a spouse may be unable to obtain appropriate
child or spousal support.
Enforcing obligations. Even if an IO spouse is able to obtain a court order for
child or spousal support, all IOs currently refuse to honor civil court orders that
attempt to garnish the salary of the employee. Again, citing the IOIA, the 60+
international organizations in the U.S. will not force their employees to support
their spouses and children despite a state court order that they do so.
The IOs have been representing to the State Department that there is no problem, because
they aren't aware of any pending cases, and because they have adequate internal
mechanisms for handling these situations. We know differently. The World Bank, for
instance, prides itself on having granted spouses access to the Pension Plan for spousal
support. You are no doubt aware of all the reasons that is completely inadequate, starting
with the ability of the employee to avoid the court order simply by changing employers
and taking his pension plan to any one of the other IOs that don't grant such access.
FROM CLennon 703 318 0166
05-23-98 10:44AM TO 2024569140
Ig P.3/4
There is a proposal before the State Department to urge the President of the
United States to issue an Executive Order removing the immunity of international
organizations to state court jurisdiction in family support cases involving their employees.
This proposal has the support of the American Bar Association Section of Family Law,
the National Child Support Enforcement Association, and many others. We are asking
the State Department to support taking a very controversial action, and we need your
help. Although these problems are well-known to family law attorneys, the State
Department and other representatives of the federal government are hearing about them
for the first time. They need to be convinced that the problems are serious and
widespread, and that only drastic action will suffice.
Here's what I'm asking you to do: search your memory and your case files for
examples of the kinds of difficulties I've described. Write a letter to the parties listed
below describing in as much detail as you can what the problems were and how the IOIA
affected the ability of your clients to obtain a fair outcome. Do not include names or
identifying details, but the name of the international organization in each case would be
helpful. Make your letter as long as possible. Copy and share this letter with your
colleagues and ask them to do the same. Only by overwhelming the government with
examples and details will it be possible to convince them to begin to remedy this
situation.
I know you are busy and this is asking a lot, but any help you can give will be
greatly appreciated!
Sincerely,
Caryn S. Lennon
Enclosures
CC: Scott Busby, National Security Council
Janet Atkinson, Esq.
5008 CLOISTER DR.
ROCKVILLE, MD 20852
301-530-0726
FAX: 301-530-9512
May 27, 1998
Ms. Kay Bossel
Host Country Relations
United States Department of State
Main State Department Building
Washington, D.C. 20520
Re: International Agencies Immunities Act - Family Support
Dear Ms.Bossel:
Enclosed, you will find case studies, collected in response to your request of May 13, 1998. These
cases represent only a small fraction of the total number of injured spouses. Nevertheless, they eloquently
describe the callous treatment international organizations routinely accord employees' spouses and children
following separation or divorce. These brave spouses have surmounted well-founded fears of retaliation by
former spouses and/ or their employers, with the earnest hope that sharing their own private, embarrassing and
painful experiences would save others from similar fates. We urge you to keep the documents confidential.
The cases eloquently describe international organizations continued use of their institutional immunity
to shield staff members from their personal legal obligations to support their families. You will note that each
spouse has been impoverished, deprived of support and/ or unfairly divested of marital property, because
(1) She could not obtain reliable and complete information, concerning the staff member's salary, benefits
and the value of the pension; (2) The organization refused to implement wage withholding; and (3) The
divorce court could not attach the spousal share of an employee pension. Even when a court orders the staff
member to maintain medical insurance, pay education benefits to the children or designate the spouse as life
insurance beneficiary, the spouse has no means of enforcing that order, and cannot even verify whether or not
the staff member is in compliance. If these institutions were subject to state court jurisdiction in family law
cases, involving their employees, each spouse and child would now enjoy financial security.
Many spouses accepted unfair settlements, because they could not learn the actual value of the staff
member's salary and benefits, and knew that they could not enforce court orders. Dependant spouses seldom
have the resources to obtain adequate legal representation, in these difficult cases. Foreign spouses often are
unable to remain in the United States long enough to enforce their legal rights, through the contempt power
of the courts. Their visas expire 60 days after entry of the divorce decree. Several relate costly and futile
attempts to collect court-ordered support, pension payments, or monetary awards. Spouses awarded or
promised a portion of the employee's pension, "as, if and when" the staff member retires, frequently fail to
receive promised payments. Spouses cannot determine whether or not they have received the proper amount.
None of the organizations will notify a spouse or former spouse, when an employee commutes a share of the
pension.
Efforts to document cases and determine how many families are affected are hampered by the fact
that the organizations claim that they do not maintain such data. Most spouses and their attorneys say they
are reluctant to discuss specific cases, lest the employee retaliate, by ceasing all support payments, refusing
to authorize the children's education or health insurance benefits, depriving the children of home country
Ms. Kay Bossel
Page 2
May 25, 1998
travel benefits, or refusing to pay a monetary award. I will forward further information to you, as it is received.
Nevertheless, I would like to think that the organizations, the Department of State and President Clinton were
motivated by principle, not by numbers. Even one case, is one too many.
Yours very truly,
Janet E. Atkinson
cc:
President Clinton*
First Lady Hilary Rodham Clinton*
Senator Barbara Mikulski*
Congresswoman Constance Morella*
Congressman Rick Lazio*
Scott Busby
Robin Leeds*
Princeton Lyman*
* Without attachments
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. list
Attachments [partial] (1 page)
05/25/1998
P6/b(6)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Domestic Policy Council (Nicole Rabner)
OA/Box Number: 15423
FOLDER TITLE:
Child Support-International Organization Issue [2]
2012-1035-S
kc1091
RESTRICTION CODES
Presidential Records Act [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Ms. Kay Bossel
Page 3
May 25, 1998
ATTACHMENTS
1.
Letter to Ruksana Mehta from
(b)(6)
dated May 21, 1998. [001]
2.
Letter, to Ruksana Mehta, marked "CONFIDENTIAL," dated May 26, 1998.
3.
Letter to Ruksana Mehta from
(b)(6)
dated May 24, 1998.
4.
Letter to Alan Siff, Esquire, from Jeffrey Weinstock, dated March 13, 1998.
5.
Letter from Alan J. Siff, Sr. Counsel, World Bank to Jeffrey C. Weinstock, dated August 20,
1997.
6.
Letter from Helene King to Ruksana Mehta, dated May 20, 1998, including attachments.
7.
"Pension benefits for divorced or former spouses; Note by the UN Family Rights Committee."
8.
'How the Privileges and Immunities of the United Nations Hurt Families."
9.
Letter to Chairman of the Staff Association IMO, London, signed February 2, 1996.
10.
Letter to Jennifer Roehl from Patricia Amundrud, dated March 17, 1998.
11.
World Bank Volunteer Services, "President's Message" March 1990.
12.
"Responses to the President's Message from the March Newsletter" - World Bank Volunteer
Services - April, 1990.
13.
Letter to Clerk of Court, Montgomery County, from David R. Rivero, Senior Counsel, World
Bank, dated April 25, 1994.
14.
Letter from daughter of U.N. Civil Servant- no date.
15.
Letter from Eve Kouidri Kuhn, UN Family Rights Committee, Vienna, dated March 9, 1998.
16.
Letter from Lata Deshpande to Ruksana Mehta, dated May 11, 1998.
17.
Case Studies, prepared by Janet Atkinson - spring 1998
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
002. letter
Unnamed spouse to Ruksana [Mehta] (partial) (1 page)
05/21/1998
P6/b(6)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Domestic Policy Council (Nicole Rabner)
OA/Box Number: 15423
FOLDER TITLE:
Child Support-International Organization Issue [2]
2012-1035-S
kc1091
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
[002]
\
P6/(b)(6)
Chevy Chase, MD 20815
May 21, 1998
Dear Ruksana,
I am writing this letter to tell you about the troubles I have
experienced in getting a divorce from my husband who is a Bank
employee. I refer to the policies of the Bank which seem to disregard the
spouse completely.
When I needed to get information about my husband's salary or
benefits from the Bank, it was extremely difficult to get any answers. I
had to rely solely on my husband to provide me with information. The
reason for divorce is generally due to the spouse's dishonesty and
uncooperative behavior. To expect cooperation when a divorce is in the
works is unrealistic. I got no cooperation from my spouse, and even my
lawyers were unsuccessful in obtaining information for me.
We spouses belonging to the Bank Group support and cooperate with
our husbands. We do not get any direct benefit, and find it near impossible
to get information regarding those benefits. Some of us cannot even enter
the Bank buildings because our spouse withdraws our name! This type of
treatment is humiliating and unfair. In these modern times of equality, we
should be given more security and rights. After all we seek our human
rights.
In my own divorce, when I understood how difficult it was for me to
obtain a fair settlement, when the Bank's immunity to court orders gave me
no guarantees for a court ordered stream of payments, I took the settlement
my husband offered me and did not fight for my fair share.
Sincerely vours.
P6/(b)(6)
P.S. my divorce was made final on the 23rd February
1998.
P6/(b)(6)
2
May 26, 1998
CONFIDENTIAL
DETERMINED TO BE AN
Ms Ruksana Mehta
ADMINISTRATIVE MARKING
Chairperson spouse Issues,
Initials: KBH Date: 9/29/2022
W.B.V.S
2012- 2012-1035-5
Washington D.C.
Dear Ms. Mehta,
I am responding to your request for spouses who have suffered due to the Bank Groups
immunity to court orders, to give their story as a case study.
I am one such spouse. I was married to
for 28 years. We have
two children. I have been a Bank spouse for 16 years prior to my divorce which took place
on April 28, 1993.
My husband walked out on us, his family one day, and I was shocked to be served divorce
papers from him soon thereafter. He closed our joint bank account and removed my spouse
I.D. Soon thereafter he left on Bank's mission. I was unable to contact him, and received no
assistance from the institution in knowing his whereabouts.
The Bank gave me no information or knowledge on how I was to deal with my situation.
Since they gave me no information of his salary or pension I did not know how to set about
getting my financial rights. I hired an actuary at a cost to myself to get some figure to work
on.
As realization came to me of my vulnerable state, knowing I could not "garnish" his salary if
I went to court and got a judgment, I had to accept an unfair settlement. I was powerless I
knew, and I had no way of getting the knowledge required to fight for my rights. At the
present time I am terrified as to what will become of me if he were to stop paying me my
monthly support. I have no way of enforcing a steady stream of payments, which would
cease if he were to die. I have no pension or insurance to secure me in my old age. Since our
divorce, my ex husband has remarried.
I would like to have "confidentiality" for my case, as he could use exposure of our case as a
reason to stop my monthly payments.
My ex husband did not keep to his agreement to pay for my
children's education regularly, and sent money irregularly. I fear he has hurt my children
badly, and damaged them psychologically. Our agreement says he will pay "Reasonable
cost" for the children. The interpretation of reasonable cost rests with him!
As I look back on my life, I realize that I gave up my career as an art and education
instructor for this man. I left my country
to be supportive to my family. At the end
of the day I have next to nothing financially from the end of my marriage. Yes, I gave up the
fight before it drove me crazy - but I knew that I was not able to fight an institution which
had no sympathy for the spouse, or a man who was violent and abusive from time to time.
Even my lawyers held out no hope for me.
A sad story has been told here - and it is my earnest desire that a cure be found for situations
such as mine. Give us a level playing field, and help us keep our dignity and security at the
end of the say!
In closing I thank you for your endless fight for ending injustice.
With best regards,
NOTE - The original signed copy is
with me. I Cau make The
original available Is you in
request.