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:
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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