TRANSFER OF PENSION RIGHTS ACQUIRED WITH THE "CAIXA DE PREVIDENCIA DOS AVOGADOS E SOLICITADORES" IN PORTUGAL TO THE EUROPEAN COMMUNITY SCHEME

1. Transfer of pension rights acquired with the Caixa de Previdéncia dos Avogados e Solicitadores (C.P.A.S.) to the European Communities' pension scheme pursuant to Article 11(2) and (3) of Annex VIII to the Staff Regulations
    
   • Officials and temporary staff covered by Article 2(a), (c) and (d) of the Conditions of Employment of Other Servants who enter the service of the European Communities after leaving that of a government administration, a national organisation or a private enterprise or after pursuing an activity in a self-employed capacity and who, by virtue of such service or activity, have acquired pension rights with the C.P.A.S. are entitled to request the transfer of such rights to the European Community pension scheme .
   • 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 the relevant European Community institution in writing using the attached form (Annex 1).
     
   
   The application must be submitted
   
   1. In the case of officials:
      
      Within six months from establishment as an official or reinstatement after a period of leave on personal grounds or secondment (see Article 11(3) of Annex VIII to the Staff Regulations);
      
   2. 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 from the date on which they complete the period of service necessary to generate entitlement to a Community pension (see Article 77 of the Staff Regulations).

Applications must be recorded as having been received by the administration of the relevant Community institution before the relevant deadline expires. Applications not submitted by the deadline cannot be considered unless late receipt is due to duly established cases of force majeure.

1. Officials of the European Communities
   who have not previously been able to exercise their right to transfer pension rights acquired with the C.P.A.S. because no arrangements to do so existed must submit an application in writing to the administration of the relevant Community institution within six months of the date of publication of this notice.
2. Temporary staff covered by Article 2(a), (c) or (d) of the Conditions of Employment of Other Servants:
    
   • who have already completed the period of service necessary to generate entitlement to a Community pension (see Article 77 of the Staff Regulations) and who have not previously been able to exercise their right to transfer pension rights acquired with the C.P.A.S. because no arrangements to do so existed must submit an application in writing to the administration of the relevant Community institution within six months of the date of publication of this notice.
   • who pursued an activity within the Community institutions before the date of publication of this notice and who, in accordance with the Staff Regulations, have not yet acquired pension rights (Article 77) must submit an application to the administration of the relevant Community institution within six months of the date on which they acquire pension rights under the Community pension scheme in accordance with the Staff Regulations
    
3. Officials and temporary staff already in receipt of a pension under the European Community scheme who have not previously been able to exercise their right to transfer pension rights acquired with the C.P.A.S. because no arrangements to do so existed must submit an application in writing to the administration of the relevant Community institution within six months of the date of publication of this notice.
4. Where officials or temporary staff have died before the date of publication of this notice or die within six months of that date, those entitled to a survivor's pension following such death may qualify for these sam transitional arrangements.

 
1. Applicants may obtain an electronic copy of the text of Decree-Law No 211/2002 ¹ on request from the administration.
2. The fact of submitting an application for transfer of pension rights does not commit applicants to the actual transfer at this stage. Applicants must inform the administration of the relevant Community institution of their final decision only once they have received the proposal regarding the number of years of pensionable service to be credited to them under the Community scheme.
   The C.P.A.S. will first send individual applicants a statement of the amount that can be transferred and the data on which that calculation has been based.
3. Before submitting any application for transfer of pension rights, staff should bear the following in mind:
    
   1. In accordance with the Staff Regulations, the maximum pension payable under the Community scheme is equal to 70% of the last basic salary. Transfers of pension rights cannot result in pensions being paid in excess of that ceiling.
   2. Since widows/widowers and orphans are guaranteed a minimum Community pension, transfers of pension rights may not benefit individuals in certain cases. Such persons should accordingly contact the administration of the relevant Community institution before taking a final decision to transfer pension rights.
   3. The years of pensionable service credited to applicants under the Community scheme as a result of transfers of pension rights do not count for the purposes of calculating the ten years of service needed for entitlement to a Community pension (see Article77 of the Staff Regulations).
   4. Only pension rights acquired before applicants enter the service of the European Communities and any rights acquired during periods of leave on personal grounds or secondment may be transferred.
   5. Where more than one person is entitled to a pension under an applicant, applications will not be considered unless they are duly signed and dated by all those entitled.
   6. Applications cannot be withdrawn once applicants have accepted in writing the proposal of the administration of the Community institution regarding the number of pensionable years of service to be credited to them.
   7. Applications already sent to the administration in any form must be resubmitted using the attached form by the deadlines given under I.
      

2. COUNCIL Directorate for Personnel and Administration - Pensions Department, Brussels L175-0370.FK.50  

3. EUROPEAN ECONOMIC AND SOCIAL COMMITTEE/COMMITTEE OF THE REGIONS

Economic and Social Committee

Directorate for Human And Financial Resources - Staff Regulations and Social Action Division - Pensions and Retirement Activities Department

Committee of the Regions

Personnel Unit - Bruxelles/rue Montoyer 92-102 

4. PARLIAMENT

Staff Pensions - Luxembourg BAK 02/67

5. COURT OF JUSTICE

Personnel Division - Rights under the Staff Regulations, Welfare, Health and Pensions Section - Bd. K. Adenauer 100, Kirchberg - Luxembourg

6. COURT OF AUDITORS

Personnel and Administration Division- 12, rue A. De Gasperi, Kirchberg - Luxembourg

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