Death and disability compensation: Difference between revisions

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'''Death and disability compensation''' is paid by the United Nations for military and police personnel killed or injured in service. The current maximum rate of compensation is $77,000<ref>General Assembly resolution [https://undocs.org/a/res/72/285 72/285] of 5 July 2018</ref>
'''Death and disability compensation''' is paid by the United Nations for military and police personnel killed or injured in service. The current maximum rate of compensation is $77,000<ref>General Assembly resolution [https://undocs.org/a/res/72/285 72/285] of 5 July 2018</ref>.
 
== Principles of compensation ==


The principles for death and disability compensation were established in resolution [http://undocs.org/a/res/49/233 49/233A] of 23 December 1994, section III, as follows:
The principles for death and disability compensation were established in resolution [http://undocs.org/a/res/49/233 49/233A] of 23 December 1994, section III, as follows:
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<br>(d) Speedy settlement of claims for death and disability;
<br>(d) Speedy settlement of claims for death and disability;
</blockquote>
</blockquote>
Prior to the adoption of the current system of uniform compensation in resolution 51/218E of 17 June 1997, compensation for military and police [[categories of personnel|contingent personnel]] was paid by their respective national authorities based on the relevant national legislation, who in turn were reimbursed by the United Nations upon receipt of a claim duly certified by the national auditor-general (or official of similar rank). This meant that troops or their beneficiaries were reimbursed different amounts based on national origin.<ref>[https://undocs.org/a/48/945 A/48/945], paragraph 68</ref>
From 1991, [[categories of personnel|individually-deployed uniformed experts]] (e.g. military observers and police officers) or their beneficiaries were reimbursed up to twice the annual salary excluding allowances or $50,000, whichever is higher<ref>Note that [https://undocs.org/a/48/945 A/48/945], paragraph 71, says "whichever is lower". This must have been an error, as all other reports, including the associated ACABQ report [https://undocs.org/a/49/664 A/49/664], say "whichever is higher".</ref>; before 1991, the threshold was $20,000<ref>[https://undocs.org/A/63/746 A/63/746], table 2</ref>.
The compensation levels for contingent personnel and individually-deployed were unified in July 2010 with the adoption of resolution 64/269, which set a maximum level of $70,000 for all uniformed personnel.
=== Settlement of claims ===
As per requests of the General Assembly, claims are supposed to be settled as soon as possible, but no later than three months after the date of submission<ref>General Assembly [https://undocs.org/a/res/61/276 resolution 61/276] on cross-cutting issues</ref>.
Delays in settlement generally result from:
# Delayed receipt of medical information on claimants from their respective permanent missions;
# Time required to complete an assessment of permanent impairment by the Division for Healthcare Management and Occupational Safety and Health of the [[Department of Operational Support]];
# Confirmation from the mission that the death or disability was mission-related and not caused by gross negligence or wilful misconduct.
=== Post-traumatic stress disorder ===
The United Nations recognizes PTSD as a recognized disability eligible for compensation. PTSD cases represent a significant proportion of outstanding claims, though the submission of such claims is often delayed because symptoms of post-traumatic stress disorder can take years/ decades to be felt or be recognized.<ref>[https://undocs.org/a/73/776 A/73/776], Annex IV</ref>.
Pursuant to General Assembly [https://undocs.org/A/RES/74/280 74/280], the Secretariat undertook a study<ref>[https://undocs.org/A/76/662 A/76/662]</ref> providing a holistic analysis of the policy, legal, administrative and financial aspects relating to PTSD claims, which made the following key observations:
* The prevalence rate of PTSD in uniformed personnel deployed to United Nations missions is unclear.
* Time delay is a significant factor in the onset, recognition and treatment of PTSD, as well as in the submission of related claims.
* More PTSD claims are expected in the future, but there is uncertainty as to their number and timing.
* National approaches and resources related to PTSD vary considerably and such differences can result in significant disparities among Member States with respect to PTSD management and PTSD claim compensation.
The Secretary-General proposed the establishment of a reserve fund for the payment of death and disability claims, including for PTSD, from closed peacekeeping missions, but this was not accepted by the General Assembly. Instead, the Assembly decided to adopt a pay-as-you-go approach to compensation for outstanding and future death and disability claims, including PTSD claims, that have been adjudicated as eligible for compensation, in its [https://undocs.org/A/RES/76/275 resolution 76/275]
'''See also'''
* [https://undocs.org/A/73/776 A/73/776] Overview of the financing of the United Nations peacekeeping operations: Report of the Secretary-General (Annex IV)
* [https://undocs.org/A/74/736 A/74/736] Overview of the financing of the United Nations peacekeeping operations: Report of the Secretary-General (Annex IV)
* [https://undocs.org/a/74/743 A/74/743] Budget for the support account for peacekeeping operations for the period from 1 July 2020 to 30 June 2021: Report of the Secretary-General (paragraphs 39-41)
** [https://undocs.org/a/74/809 A/74/809] Budget for the support account for peacekeeping operations for the period from 1 July 2020 to 30 June 2021: Report of the [[ACABQ]] (paragraphs 16-21)
* [https://undocs.org/A/76/662 A/76/662] Post-traumatic stress disorder framework for uniformed personnel: Report of the Secretary-General
** [https://undocs.org/A/76/782 A/76/782] Post-traumatic stress disorder framework for uniformed personnel: Report of the ACABQ


== Relevant General Assembly resolutions ==
== Relevant General Assembly resolutions ==
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== Relevant Secretary-General reports ==
== Relevant Secretary-General reports ==
Information on death and disability claims has, since the adoption of resolution [https://undocs.org/a/res/57/316 57/316] of 18 June 2003, been included in the annual report on the [[Overview report|overview of the financing of peacekeeping operations]]. Prior to that, a separate report titled "Death and disability benefits" was issued on an annual basis.   
Information on death and disability claims has, since the adoption of resolution [https://undocs.org/a/res/57/316 57/316] of 18 June 2003, been included in the annual report on the [[Overview report|overview of the financing of peacekeeping operations]]. Prior to that, a separate report titled "Death and disability benefits" was issued on an annual basis.   
* [https://undocs.org/a/63/550 A/63/550] ''Comprehensive review of the compensation of death and disability benefits''  
* [https://undocs.org/a/63/550 A/63/550] ''Comprehensive review of the compensation of death and disability benefits''
* [https://undocs.org/A/52/369 A/52/369] ''Death and disability benefits''—presented proposals for administrative and payment procedures
* [https://undocs.org/A/52/369 A/52/369] ''Death and disability benefits''—presented proposals for administrative and payment procedures''
* [https://undocs.org/A/49/906 A/59/906] and [https://undocs.org/A/49/906/corr.1 Corr.1] ''Death and disability benefits''—presented options for providing compensation to troops
* [https://undocs.org/A/49/906 A/59/906] and [https://undocs.org/A/49/906/corr.1 Corr.1] ''Death and disability benefits''—presented options for providing compensation to troops
* [https://undocsorg/a/48/945 A/48/945] ''Effective planning, budgeting and administration of peace-keeping operations''—requested guidance from the General Assembly for providing compensation to troops
* [https://undocs.org/A/49/664 A/49/664] ''Annex VII: Compensation for Death, Injury and Disability''
* [https://undocs.org/a/48/945 A/48/945] ''Effective planning, budgeting and administration of peace-keeping operations''—requested guidance from the General Assembly for providing compensation to troops


== References ==
== References ==
[[Category:Budget]]

Latest revision as of 05:25, 13 July 2022

Death and disability compensation is paid by the United Nations for military and police personnel killed or injured in service. The current maximum rate of compensation is $77,000[1].

Principles of compensation

The principles for death and disability compensation were established in resolution 49/233A of 23 December 1994, section III, as follows:

1. Decides that underlying any system of compensation for death and disability should be the need for:
(a) Equal treatment of Member States;
(b) Compensation to the beneficiary that is not lower than reimbursement by the United Nations;
(c) Simplification of administrative arrangements to the extent possible;
(d) Speedy settlement of claims for death and disability;

Prior to the adoption of the current system of uniform compensation in resolution 51/218E of 17 June 1997, compensation for military and police contingent personnel was paid by their respective national authorities based on the relevant national legislation, who in turn were reimbursed by the United Nations upon receipt of a claim duly certified by the national auditor-general (or official of similar rank). This meant that troops or their beneficiaries were reimbursed different amounts based on national origin.[2]

From 1991, individually-deployed uniformed experts (e.g. military observers and police officers) or their beneficiaries were reimbursed up to twice the annual salary excluding allowances or $50,000, whichever is higher[3]; before 1991, the threshold was $20,000[4].

The compensation levels for contingent personnel and individually-deployed were unified in July 2010 with the adoption of resolution 64/269, which set a maximum level of $70,000 for all uniformed personnel.

Settlement of claims

As per requests of the General Assembly, claims are supposed to be settled as soon as possible, but no later than three months after the date of submission[5].

Delays in settlement generally result from:

  1. Delayed receipt of medical information on claimants from their respective permanent missions;
  2. Time required to complete an assessment of permanent impairment by the Division for Healthcare Management and Occupational Safety and Health of the Department of Operational Support;
  3. Confirmation from the mission that the death or disability was mission-related and not caused by gross negligence or wilful misconduct.

Post-traumatic stress disorder

The United Nations recognizes PTSD as a recognized disability eligible for compensation. PTSD cases represent a significant proportion of outstanding claims, though the submission of such claims is often delayed because symptoms of post-traumatic stress disorder can take years/ decades to be felt or be recognized.[6].

Pursuant to General Assembly 74/280, the Secretariat undertook a study[7] providing a holistic analysis of the policy, legal, administrative and financial aspects relating to PTSD claims, which made the following key observations:

  • The prevalence rate of PTSD in uniformed personnel deployed to United Nations missions is unclear.
  • Time delay is a significant factor in the onset, recognition and treatment of PTSD, as well as in the submission of related claims.
  • More PTSD claims are expected in the future, but there is uncertainty as to their number and timing.
  • National approaches and resources related to PTSD vary considerably and such differences can result in significant disparities among Member States with respect to PTSD management and PTSD claim compensation.

The Secretary-General proposed the establishment of a reserve fund for the payment of death and disability claims, including for PTSD, from closed peacekeeping missions, but this was not accepted by the General Assembly. Instead, the Assembly decided to adopt a pay-as-you-go approach to compensation for outstanding and future death and disability claims, including PTSD claims, that have been adjudicated as eligible for compensation, in its resolution 76/275

See also

  • A/73/776 Overview of the financing of the United Nations peacekeeping operations: Report of the Secretary-General (Annex IV)
  • A/74/736 Overview of the financing of the United Nations peacekeeping operations: Report of the Secretary-General (Annex IV)
  • A/74/743 Budget for the support account for peacekeeping operations for the period from 1 July 2020 to 30 June 2021: Report of the Secretary-General (paragraphs 39-41)
    • A/74/809 Budget for the support account for peacekeeping operations for the period from 1 July 2020 to 30 June 2021: Report of the ACABQ (paragraphs 16-21)
  • A/76/662 Post-traumatic stress disorder framework for uniformed personnel: Report of the Secretary-General
    • A/76/782 Post-traumatic stress disorder framework for uniformed personnel: Report of the ACABQ

Relevant General Assembly resolutions

  • General Assembly resolution 72/285 of 5 July 2018 (paragraph 4) increased the rate by 10%
  • General Assembly resolution 64/269 of 24 June 2010 (section II, paragraph 3) increased the rate from $50,000 to $70,000
  • General Assembly resolution 52/177 of 18 December 1997 approved administrative and payment procedures proposed by the Secretary-General in A/52/369.
  • General Assembly resolution 51/218E of 17 June 1997 (section II) set rate at $50,000.
  • General Assembly resolution 49/233A of 23 December 1994 (section III) established the principles for the payment of death and disability

Relevant Secretary-General reports

Information on death and disability claims has, since the adoption of resolution 57/316 of 18 June 2003, been included in the annual report on the overview of the financing of peacekeeping operations. Prior to that, a separate report titled "Death and disability benefits" was issued on an annual basis.

  • A/63/550 Comprehensive review of the compensation of death and disability benefits
  • A/52/369 Death and disability benefits—presented proposals for administrative and payment procedures
  • A/59/906 and Corr.1 Death and disability benefits—presented options for providing compensation to troops
  • A/49/664 Annex VII: Compensation for Death, Injury and Disability
  • A/48/945 Effective planning, budgeting and administration of peace-keeping operations—requested guidance from the General Assembly for providing compensation to troops

References

  1. ↑ General Assembly resolution 72/285 of 5 July 2018
  2. ↑ A/48/945, paragraph 68
  3. ↑ Note that A/48/945, paragraph 71, says "whichever is lower". This must have been an error, as all other reports, including the associated ACABQ report A/49/664, say "whichever is higher".
  4. ↑ A/63/746, table 2
  5. ↑ General Assembly resolution 61/276 on cross-cutting issues
  6. ↑ A/73/776, Annex IV
  7. ↑ A/76/662
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