1. TRANSFER OF PENSION RIGHTS FROM FINNISH PENSION SCHEMES TO THE COMMUNITY SCHEME PURSUANT TO ARTICLE 11(2) AND (3) OF ANNEX VIII TO THE STAFF REGULATIONS

A Officials and temporary staff covered by Article 2(a), (c) and (d) of the Conditions of Employment of Other Servants who have acquired pension rights under a Finnish social security scheme (general, public sector, self-employed and agricultural workers' schemes) are informed that it is now possible to transfer these rights to the Community scheme.

B. Pursuant to the general provisions for giving effect to Article 11(2) of Annex VIII to the Staff Regulations, published in Administrative Notices No 789 of 16 April 1993, applications must be made to your Community institution in writing.


a)In the case of officials:

within six months of the date of notification of establishment or of re-instatement after a period of leave on personal grounds or secondment (see Article 11(3) of Annex VIII to the Staff Regulations);
b) In the case of temporary staff covered by Article 2(a), (c) and (d) of the Conditions of Employment of Other Servants:

within six months of the date of completion of complete the period of service necessary to generate entitlement to a Community pension (Article 77 of the Staff Regulations).

Applications must be received by the Community administration before the expiry of the six-month period, failing which they will not be considered unless the delay in submitting the application is due to exceptional circumstances, the causes of which are not attributable to the applicant.

2. TRANSITIONAL ARRANGEMENTS

A. In the case of


- officials of the Communities

- temporary staff who have completed the requirements for a Community retirement pension (Article 77)
who are in the service of a Community institution at the time of publication of this notice

or

- officials and temporary staff of the European Communities already in receipt of a pension at the time of publication of this notice

AND WHO HAVE NOT PREVIOUSLY BEEN ABLE TO EXERCISE THEIR RIGHT TO TRANSFER THEIR PENSION RIGHTS BECAUSE OF THE LACK OF AN AGREEMENT WITH THE PENSION SCHEMES CONCERNED

must submit their application in writing to the administrative department of the institution for which they work

WITHIN SIX MONTHS OF THE DATE OF PUBLICATION OF THIS NOTICE.

B. Temporary staff covered by Article 2(a), (c) and (d) of the Conditions of Employment of Other Servants and already in the service of the Communities prior to the date of this notice and who do not yet meet the conditions giving entitlement to a Community retirement pension (Article 77).

MUST SUBMIT THEIR APPLICATION 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.

C. Applications must be received by the Community administration before the expiry of the six-month period, failing which they will not be considered, except where the delay in submitting the application is due to exceptional circumstances, the causes of which are not attributable to the applicant.

D. Where officials or temporary staff have died before the date of publication of this notice or die within the six months following that date, those entitled to a survivor's pension following such death may qualify for these same transitional arrangements.

3. GENERAL REMARKS

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 taking a decision on whether to transfer 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 be of any advantage to such persons, who are therefore requested to contact the Community administration before taking a final decision on a transfer.

3) The years of pensionable service credited to the Community scheme as a result of a transfer of pension rights are not taken into consideration for the purposes of calculating the ten years of service necessary to generate entitlement to a Community pension (see 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 during 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 those so entitled.

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.


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 the following:
The transfer entails the loss of all pension rights in respect of the periods transferred and all entitlements arising therefrom under the various national schemes.

ADRESSES OF THE RELEVANT ADMINISTRATIVE DEPARTMENTS