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INTERNAL DIRECTIVE OF THE COMMISSION
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Changing the place of origin after retirement (Article 20(3) of
Annex XIII to the Staff Regulations) |
On 19 May 2004 the College of the Heads of Administration approved by
written procedure Conclusion 233/04 (see annex), which is applicable
within the Commission from 1 May 2004.
Horst REICHENBACH
Annex
Luxembourg, 19th of May 2004
CONCLUSION 233/04
APPROVED BY THE HEADS OF ADMINISTRATION
BY WRITTEN PROCEDURE ENDED ON 19th
May 2004
| Subject:
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Changing the place of origin after retirement (Article 20(3) of
Annex XIII to the Staff Regulations) |
SEC(2004)481
Article 20(3) of Annex XIII to the Staff Regulations lays down that after
termination of service, officials who entered into service before 1 May
2004 who are not receiving a pension at that date may, exceptionally,
request the Appointing Authority to change their place of origin for
family or medical reasons. Article 6(2) of the General Implementing
Provisions for Article 7(3) of Annex VII to the Staff Regulations, on
determining or changing the place of origin, lays down the same rule.
For the application of that Article:
- Applications to change the place of origin for medical reasons must
refer to a serious illness or handicap of the pensioner or the spouse or
of a relative of the pensioner or the spouse in the ascending or
descending direct line. The application must be accompanied by a medical
certificate explaining the reasons, which must be sent in a sealed
envelope to the Medical Service of the Institution concerned, which shall
give its opinion on whether the requested change in the place of origin is
appropriate.
- Applications to change the place of origin for family reasons must be
duly justified with relevant supporting documentation.
In view of the exceptional nature of such decisions, only new facts
arising after retirement may be taken into account, such as:
- the marriage of the pensioner to a person who is a national or a
resident of the country of the requested place or origin;
- in the event of the death of the spouse or the divorce of the former
official, he or she may request that the place of origin be changed to the
country of which he or she is a national or to that in which one of his or
her children live;
- a new professional commitment (contract of employment) of the spouse of
the former official requiring a change of residence to a country other
than that of the place of origin valid up until that time.
In all cases, non-marital partnerships shall be treated in the same way as
marriage, providing that all the conditions laid down in Article 1(2)(c)
of Annex VII to the Staff Regulations are fulfilled.
This conclusion shall apply from 1 May 2004.
Done at Luxembourg, 19.5.2004
For the Group of the Heads of Administration
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