1. Transfer of the flat-rate redemption value of pension rights acquired under the ABV scheme to the community scheme pursuant to article 11(2) and (3) of annex VIII to the Staff Regulations

1. In the case of officials:

   Within six months of the date of notification of establishment or of reinstatement following a period of leave on personal grounds or of secondment (Article 11(3) of Annex VIII to the Staff Regulations).
   
   

2. In the case of temporary staff:

   At the latest, within six months of the date on which they complete the period of service necessary to generate entitlement to a Community pension (Article 77 of the Staff Regulations).
   

2. Transfer of pension rights acquired under the community scheme to the pension scheme of the Arbeitsgemeinschaft Berufsständischer Versorgungseinrichtungen e.V. (ABV) pursuant to Article 11(1) of Annex VIII to the staff regulations

3. Transitional arrangements

• Community officials,
  
• Community temporary staff who have completed the period of service necessary to generate entitlement to a Community pension (Article 77 of the Staff Regulations),
  who are therefore already working for a Community institution on the date this notice is published;
  
• employees who already belong to the ABV scheme on the date this notice is published;
  or
  
• Community officials and temporary staff and members of the ABV already in receipt of a pension on the date this notice is published
  
  WHO HAVE NOT PREVIOUSLY BEEN ABLE TO EXERCISE THEIR RIGHT TO TRANSFER THEIR PENSION RIGHTS BECAUSE OF THE LACK OF AN AGREEMENT WITH THE ABV SCHEME,
  must submit their application in writing to the Community administration
  
  WITHIN SIX MONTHS OF THE DATE OF PUBLICATION OF THIS NOTICE.
  A. Temporary staff covered by Article 2(a), (c) and (d) of the Conditions of Employment of Other Servants already in the service of the Communities prior to the date of publication of this notice who have not yet completed the period of service necessary to generate entitlement to a Community pension (Article 77 of the Staff Regulations)
  
  MUST SUBMIT THEIR APPLICATION AT THE LATEST WITHIN SIX MONTHS OF THE DATE OF COMPLETING THE PERIOD OF SERVICE NECESSARY TO GENERATE ENTITLEMENT TO A COMMUNITY PENSION.
  B. Applications must be received by the Community administration before the expiry of this six-month period, failing which they will not be considered unless the delay is due to exceptional circumstances beyond the applicant's control.
  
  C. Where officials or temporary staff have died before the date of publication of this notice or die within six months of that date, the persons entitled to a survivor's pension following such death are covered by these transitional arrangements.
  
  

  4. General remarks

  Transfer pursuant to Article 11(2) and (3) of Annex VIII to the Staff Regulations
  A. Submission of an application does not commit applicants to a transfer of pension rights at this stage. Individuals will have to take a final decision once they have been informed by the Community administration how a transfer will affect their Community pension.
  
  B. Before applying for the transfer of their pension rights, staff should bear in mind the following:
  
  
  1. As the Staff Regulations currently fix the maximum Community pension at 70% of final basic salary, a higher rate cannot be paid as the result of a transfer.
     
     
  2. Since widows/widowers and orphans are guaranteed a minimum Community pension, a transfer of pension rights may not necessarily be advantageous to them and they are therefore requested to contact the Community administration before taking a final decision.
     
     
  3. The years of pensionable service credited to the Community scheme as the result of a transfer of pension rights are not taken into consideration for the purpose of calculating the ten years of service necessary to generate entitlement to a Community pension (Article 77 of the Staff Regulations).
     
     
  4. Only pension rights acquired before the applicant entered the service of the European Communities may be transferred, together with any rights acquired during periods of leave on personal grounds or periods of secondment.
     
     
  5. Where there are several persons entitled to a survivor's pension, the application will not be considered unless it has been duly dated and signed by all of them.
     
     
  6. Applications may not be withdrawn once the administration's proposal regarding the number of pensionable years' service to be credited to the applicant has been accepted in writing.
     
     
  7. Benefits in kind or in cash received from the ABV scheme (e.g. cures, rehabilitation, etc.) must be repaid when pension rights are transferred or they will be deducted from the sum transferred.
     
     
  8. The transfer entails the loss of all rights acquired under the ABV scheme in respect of all periods generating entitlement before entering the service of the Communities. Pension rights acquired after entering the service of the Communities (e.g. voluntary contributions, parental leave, etc.) are not affected.
     
     
  9. Transfers of the flat-rate redemption value may still be made even if a pension is being paid from the ABV scheme. In that event, the transfer retrospectively cancels the decision to pay the pension, and all amounts received must be repaid.

     
     

  C. Before taking a final decision on whether to transfer their pension rights (and after they have received the administration's proposal), staff should bear in mind that the transfer entails the loss of all pension rights acquired in respect of the periods transferred and any entitlements arising therefrom under the ABV scheme.
  
  Transfer pursuant to Article 11(1) of Annex VIII to the Staff Regulations
  
  Transfer of the flat-rate redemption value retrospectively extinguishes entitlements under the Community pension scheme and any amounts already paid out must be repaid to the Community administration; this does not apply to pensions paid during temporary invalidity if the recipients were subsequently reinstated.
  
  APPLICATION TO TRANSFER PENSION RIGHTS