Brussels, 28.4.2004
C(2004) 1588

COMMISSION DECISION

General implementing provisions for Article 22(4) of Annex XIII to the Staff Regulations

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the Communities, laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 ⁽¹⁾, and in particular Article 22(4) of Annex XIII thereto,

Having regard to the opinion of the Staff Regulations Committee,

After consulting the Staff Committee,

Whereas clear and detailed provisions must be laid down for the implementation of Article 22(4) of Annex XIII to the Staff Regulations, which provides, for a transitional period and on certain conditions, the right to purchase additional pension rights in the European Community pension scheme;

HAS ADOPTED THE FOLLOWING PROVISIONS:

• SECTION 1 – GENERAL PROVISIONS
  • Article 1
  • Article 2
  • Article 3
  • Article 4
  • Article 5
  • Article 6
  • Article 7
     
• SECTION 2 – FINAL PROVISION
  • Article 8
    
     

SECTION 1 – GENERAL PROVISIONS

Article 1

The application of Article 22(4) of Annex XIII to the Staff Regulations may be requested by:

• officials,
   
• temporary staff within the meaning of Article 2 of the Conditions of Employment of other servants of the European Communities,

hereafter referred to as “members of staff”, who entered into service before [date of entry into force of the reform of the Staff Regulations].

Article 2

Members of staff, who, after Articles 2, 3 and 11 of Annex VIII to the Staff Regulations have been applied to them, cannot attain at the age of 65 the maximum retirement pension provided for in the second paragraph of Article 77 of the Staff Regulations, may acquire additional pension rights subject to that maximum limit.

Article 3

Members of staff shall qualify for this arrangement for five years from 1 May 2004, subject to a maximum period of contributions of: three months in the case of members of staff aged 45 to 49 on [date of entry into force of the reform of the Staff Regulations]; nine months in the case of members of staff aged 38 to 44 on that date; fifteen months in the case of members of staff aged 30 to 37 on that date; and two years in the case of members of staff aged less than 30 on that date.

Article 4

Applications shall be submitted to the competent department of a staff member’s Institution within the period laid down in Article 3. They must be submitted using the electronic form available on the intranet site of the competent department. Where it is not possible to use the electronic form, applications may be submitted by recorded delivery with an acknowledgement of receipt.

The date of receipt of the electronic application by the competent department or the date of the acknowledgement of receipt of the recorded delivery by the competent Institution shall be taken as proof of submission.

After establishing the admissibility of the application, the competent department shall make a proposal to the member of staff.

Article 5

The contributions payable by the members of staff concerned shall be equivalent to the entire amount of their and their employer's contributions under Article 83(2) of the Staff Regulations. The contributions shall be calculated on the basis of the contribution rates in force and the basic salary of the members of staff concerned on the date of receipt of the application.

Article 6

If they accept the proposal referred to in Article 4, the members of staff concerned must pay the contributions, calculated in accordance with Article 5, on receipt of the debit note drawn up by the competent department of their Institution. The provisions of the Financial Regulation shall apply.

The Institution shall confirm the acquisition of additional pension rights on receipt of the amount due from the member of staff. Those rights shall then become definitive and irreversible.

Article 7

1. The years of pensionable service acquired under Article 22(4) of Annex XIII to the Staff Regulations shall not result in the total pension payable by the Communities exceeding the maximum amounts laid down for the pension scheme provided for in the Staff Regulations.
    
2. The pensionable years credited shall, where appropriate, be taken into account for the purpose of determining the transferable actuarial value pursuant to Article 11(1) or 12 of Annex VIII to the Staff Regulations.
    
3. The pensionable years credited shall not be taken into account for the purpose of determining the minimum number of years of service giving entitlement to a retirement pension as provided for in Article 77 of the Staff Regulations.

SECTION 2 – FINAL PROVISION

Article 8

These general implementing provisions for Article 22(4) of Annex XIII to the Staff Regulations shall enter into force on the date of their publication.

Done at Brussels, 28 April 2004.

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Footnotes
⁽¹⁾ OJ L 56, 4.3.1968. Regulation last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1)