Brussels, 28.4.2004
C(2004) 1588

COMMISSION DECISION

General implementing provisions for Article 26 of Annex XIII to the Staff Regulations on transferring pension rights

• SECTION 1 – GENERAL PROVISIONS
  • Article 1
     
• SECTION 2 - PROVISIONS RELATING TO ARTICLE 26(2) OF ANNEX XIII TO THE STAFF REGULATIONS
  • Article 2
  • Article 3
     
• SECTION 3 - PROVISIONS RELATING TO ARTICLE 26(3) OF ANNEX XIII TO THE STAFF REGULATIONS
  • Article 4
  • Article 5
  • Article 6
  • Article 7
     
• SECTION 4 - PROVISIONS RELATING TO ARTICLE 26(5) AND (6)
  • Article 8
  • Article 9
  • Article 10
     
• SECTION 5 - FINAL PROVISIONS
  • Article 11
  • Article 12
    
    
    
    
     

SECTION 1 – GENERAL PROVISIONS

Article 1  

• officials,
  
  
• temporary agents within the meaning of Article 2 of the Conditions of Employment of Other Servants of the European Communities,

referred to below as “staff (member)(s)”, who entered into service before [date of entry into force of the reform of the Staff Regulations].

SECTION 2 - PROVISIONS RELATING TO ARTICLE 26(2) OF ANNEX XIII TO THE STAFF REGULATIONS

Article 2

1. If the time limit laid down in Article 11(2) of Annex VIII to the Staff Regulations had not expired on [date of entry into force of the reform of the Staff Regulations], the staff members concerned who did not submit such a request within the time limits previously stipulated, or whose request was rejected for having been submitted after those time limits, shall still be able to submit or resubmit a request for transfer under Article 11(2) of Annex VIII provided they have not requested the application of Article 26(3) of Annex XIII to the Staff Regulations.
   
   
2. If the staff member concerned has already started receiving payments under the scheme in question based on the rights referred to in the previous paragraph, as either a pension or an income, the transfer may be carried out only if agreement is obtained from that scheme.

Article 3

The arrangements for submitting requests and the method of calculation are those laid down in the General Implementing Provisions for Article 11(2) of Annex VIII to the Staff Regulations. However, the bonus obtained shall be subject to a weighting (see Annex 1) to take account of the provisions of Article 22(1) and (2) of Annex XIII to the Staff Regulations, comprising amendments to the pensionable age and to the rate of increase of rights acquired after the normal pensionable age of the staff member concerned.

SECTION 3 - PROVISIONS RELATING TO ARTICLE 26(3) OF ANNEX XIII TO THE STAFF REGULATIONS

Article 4

1. Staff members who submitted a request for transfer within the time limits previously stipulated but rejected the proposal made, who did not submit a request for transfer within the time limits previously stipulated, or whose request was rejected for having been submitted after those time limits shall be able to submit or resubmit a request for transfer by [31.10.2004] at the latest.
   
   
2. If the staff member has already started receiving payments under the scheme in question based on the rights referred to in the previous paragraph, as either a pension or an income, the transfer may be carried out only if agreement is obtained from that scheme.

Article 5

1. Requests for the transfer of pension rights must be submitted within the time limits referred to in Article 4 to the competent department of the institution in which the staff member is employed. Requests shall be submitted in writing, using the form provided for this purpose and preferably sent by registered post with acknowledgement of receipt.
   
   
2. The date that counts shall be the date on which the competent institution takes delivery of a request sent by registered post or, failing that, the date on which the request is registered with the competent department of the institution.

Article 6

1. All amounts owed to staff members from their previous pension scheme which are to be transferred must be certified as being the up-to-date capital value of the pension rights acquired before taking up their post with the Communities, or, for requests under Article 11(3) of Annex VIII to the Staff Regulations, before their reinstatement.
   
   
2. The amount to be transferred must correspond to the total amount of that capital. It may correspond to the rights acquired from periods spent in the service of more than one administration or organisation or from more than one period of activity in an employed or self-employed capacity.

Article 7

The pensionable years to be credited under Article 26(3) of Annex XIII to the Staff Regulations shall be calculated as follows:

1. The number of pensionable years to be taken into account shall be calculated on the basis of the transferable amount of pension rights acquired during the periods referred to in Article 6, minus the amount of capital appreciation between the date on which the transfer request is registered by the competent department of the institution in which the staff member is employed and the date of the actual transfer.
   
   Where the national or international body is not able to supply the value of the pension rights on the date on which the request is registered by the competent department of the institution in which the staff member is employed, simple interest at the rate provided for in Article 10 of Annex XII to the Staff Regulations shall be deducted from the amount transferred for the period from the date on which the request is registered to the date of the actual transfer.
   
   
2. Pursuant to Article 26(4) the number of pensionable years to be taken into account shall be calculated as follows:
   
   
   • by converting the transferred amount (M) into a notional pension (R) using the latest actuarial values (V2) as laid down in the table in Annex 2 to the General Implementing Provisions for Article 11 of Annex VIII to the Staff Regulations, according to the formula R = M/V2. The actuarial value used (V2) shall be that corresponding to the age of the staff member on the date of establishment.
     
     
   • by converting this income (R) into a number of pensionable years (N) to the Community pension scheme, based on (i) the annual basic salary (T) which corresponds, on [date of entry into force of the reform of the Staff Regulations], to the grade and step of the staff member on the date of establishment, and (ii) the annual rate of pension-right accumulation applicable to the staff member in question (P), according to the formula N = R / (T x P).
     
     
   • the bonus obtained shall be subject to the application of a weighting (see Annex 1) to take account of the provisions of Article 22(1) and (2) of Annex XIII to the Staff Regulations, comprising amendments to the pensionable age and to the rate of increase of rights acquired after the normal pensionable age of the staff member concerned.
      
3. Amounts transferred to the Community pension scheme in a currency other than euros shall, for purposes of determining the number of pensionable years, be converted into euros on the basis of the monthly rate set by the Commission for the implementation of the budget in the month in which the request is registered.
   
   
4. The number of pensionable years to be taken into account may not under any circumstances exceed the number of years during which the staff member in question was a member of the schemes in question. Any excess amount resulting from the ceiling on the number of pensionable years shall be reimbursed to the person concerned.

SECTION 4 - PROVISIONS RELATING TO ARTICLE 26(5) AND (6)

Article 8

Under Article 26(5) of Annex XIII to the Staff Regulations, staff members who agreed to transfer their pension rights pursuant to Article 11(2) of Annex VIII to the Staff Regulations before [date of entry into force] may request recalculation of the bonus already obtained under the Community institutions’ pension scheme. Recalculation shall be based on the parameters in force at the time when the bonus was obtained, adjusted in accordance with Article 22(1) and (2) of Annex XIII to the Staff Regulations.

Under Article 26(1) and (6) of Annex XIII to the Staff Regulations, staff members who submitted an acceptable request for a transfer before [date of entry into force of the reform of the Staff Regulations], and obtained a bonus under the rules in force at the time of submission of that request may request recalculation of that bonus in accordance with the above subparagraph.

Article 9

Requests must be submitted in writing, using the form provided for this purpose, to the competent department of the institution in which the staff member was employed on the date of transfer of pension rights.

Article 10

1. For the purposes of recalculating the pensionable years, the bonus obtained in the previous application of Article 11(2) of Annex VIII to the Staff Regulations shall be subject to a coefficient (see Annex 2) to take account of the provisions of Article 22(1) and (2) of Annex XIII to the Staff Regulations, comprising amendments to the pensionable age and to the rate of increase of rights acquired after the normal pensionable age of the staff member concerned.
   
   
2. The number of pensionable years to be taken into account may not under any circumstances exceed the number of years during which the staff member concerned was a member of the schemes in question. Any excess amount resulting from the ceiling on the number of pensionable years shall be reimbursed to the person concerned.

SECTION 5 - FINAL PROVISIONS

Article 11

1. The crediting of pensionable years may not lead to the total pension payable by the Communities exceeding the ceilings set by the statutary Community 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 shall not be taken into account for the purpose of determining the minimum number of completed years of service giving entitlement to a retirement pension as provided for in Article 77 of the Staff Regulations.

Article 12

These General Implementing Provisions shall enter into force on 1 May 2004.

Done at Brussels, 28.4.2004.

ANNEX 1

Table of coefficients (CR) pursuant to Article 7