Brussels, 15.04.2004
C(2004) 1364

COMMISSION DECISION

on General implementing provisions for Article 4 of Annex VIII to the Staff Regulations concerning the taking into account, for purposes of calculating pension rights, of periods of activity previously completed by staff before they resume active employment

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Staff Regulations of Officials and Conditions of Employment of Other Servants of the European Communities, laid down by Council Regulation (EEC, EURATOM, ECSC) No 259/68⁽¹⁾ and last amended by Council Regulation (CE, Euratom) No 723/2004 of 22 March 2004 ⁽²⁾, and in particular Article 4 of Annex VIII thereto,

Having regard to the opinion of the Staff Regulations Committee,

After consulting the Staff Committee,

Whereas it is necessary, following the amendment of Article 4 of Annex VIII to the Staff Regulations of officials of the European Communities by Regulation (EC, Euratom) No 723/2004⁽²⁾ , to replace the existing general implementing provisions for Article 4,

HAS ADOPTED THESE PROVISIONS:

SECTION 1 – GENERAL PROVISIONS

Article 1

The following types of staff - referred to below as "staff (member)(s)" - shall be entitled to invoke Article 4 of Annex VIII to the Staff Regulations:

• officials,
   
• temporary agents within the meaning of Article 2 of the Conditions of Employment of Other Servants of the European Communities,
   
• contract staff within the meaning of Article 3a or 3b of those conditions.

Article 2

Staff may request that the institution in which they are employed take into account, for the purposes of calculating their pension rights, the total duration of their period of completed activity in the institutions before they resumed active employment, either as

• an official or
   
• a temporary agent or
   
• contract staff.

Article 3

Regardless of their status, staff must submit their request no later than six months from the expiry of the minimum period required to qualify them for the right referred to in Article 77 of the Staff Regulations. If this period has not expired by the time the staff member has reached the age of retirement within the meaning of Article 77 of the Staff Regulations, the request has to be submitted no later than 6 months after the date on which he attains this age.

The request must be addressed to the competent department of the institution in which they are employed. Requests must be submitted in writing, using the form provided for this purpose and preferably sent by registered post with acknowledgement of receipt. They can be submitted starting from the date on which the staff member is established in their post or the date on which their probation period finishes or, if they are not subject to a probation period, the date on which they take up their post.

Requests received before the end of the probation period may not be processed by the competent department until this period has ended.

The date that counts shall be the date on which the competent institution takes delivery of the request sent by registered post or, failing that, the date on which the request is registered with the competent department of the institution.

Article 4

Taking account of the periods of activity referred to above shall be subject to the conditions set out in Article 4 of Annex VIII to the Staff Regulations.

Taking account of previously completed periods of activity as contract staff for staff who resume employment as officials or temporary officials shall not affect the terms of Article 3(d) of Annex VIII to the Staff Regulations.

Article 5

The repayment must be made by the staff member within three months of the date on which he is notified of the amount to be repaid.

Article 6

1. The crediting of pensionable years under Article 4 of Annex VIII to the Staff Regulations may not lead to the total pension payable by the Communities exceeding the ceilings set by the pension scheme.
    
2. Where relevant, the pensionable years taken into account shall go towards determining the actuarial equivalent transferable under Article 11(1) or Article 12 of Annex VIII to the Staff Regulations.
    
3. The pensionable years credited to contract staff who become officials or temporary officials, or who are reinstated in the service of the Community with one of these statuses, shall be converted into pensionable years acquired by an official subject to the terms of Article 3 of Annex VIII to the Staff Regulations.
    
4. The number of pensionable years to be taken into account may not under any circumstances exceed the number of years for which the staff member in question has been part of the Community scheme.

SECTION 2 – FINAL PROVISIONS

Article 7

These general implementing provisions for Article 4 of Annex VIII to the Staff Regulations shall enter into force on 1 May 2004. They hereby repeal and replace the general implementing provisions adopted on 2 July 1969. However, the latter shall remain applicable to applications submitted before 1 May 2004.

Done at Brussels, 15.04.2004.

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Footnotes
⁽¹⁾ OJ L 56, 4.3.1968.
⁽²⁾ OJ L 124, 27.4.2004, p. 1.