N° 40-2004 / 25.05.2004

INTERNAL DIRECTIVE OF THE COMMISSION

Subject:      Granting of the resettlement allowance in the event of retirement on account of invalidity prior to the completion of four years of service (Article 6 of Annex VII to the Staff Regulations)

On 7 April 2004 the College of the Heads of Administration approved by written procedure Conclusion 226/04 (see annex), which is applicable within the Commission from 1 May 2004.

Horst REICHENBACH

Annex

Luxembourg, 7th of april 2004


CONCLUSION 226/04
 
APPROVED BY THE HEADS OF ADMINISTRATION BY WRITTEN PROCEDURE ENDED ON 7th APRIL 2004

Subject:      Granting of the resettlement allowance in the event of retirement on account of invalidity prior to the completion of four years of service (Article 6 of Annex VII to the Staff Regulations)

SEC(2004)411

Article 6(1) of Annex VII to the Staff Regulations lays down that established officials who provide evidence of a change of residence shall be entitled on termination of service to a resettlement allowance, provided that they have completed four years of service.
 
Two exceptions to this time criterion are formally provided for in Article 6, namely:

  • retirement in the interests of the service (third subparagraph of paragraph 1)
     

  • death of the official (paragraph 2), in which case the resettlement allowance is to be paid to the surviving spouse or, in the absence of such a person, to the dependants within the meaning of Article 2 of Annex VII.

The question has arisen as to whether this four-year period of service may be applied against officials retired on invalidity grounds, i.e. in cases where officials have had to stop working for the Institution for reasons beyond their control.
 
In other words, can retirement on invalidity grounds be treated, by analogy, in the same way as the two exceptions formally provided for in Article 6 of Annex VII to the Staff Regulations?
 
The Heads of Administration take the view that financial entitlements not provided for in the Staff Regulations should be recognised only by way of exception and accordingly conclude that the resettlement allowance should not be paid in any other cases where employment is terminated prior to the completion of at least four years’ service.
 
This Conclusion shall apply from 1 May 2004.
 
It repeals and replaces Conclusion 9/77, which was approved by the Heads of Administration at their 108th meeting held on 24 October 1977.
 
Done at Luxembourg, 07.04.2004

For the College of the Heads of Administration

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   Author: PMO.01