Transfer of pension rights acquired with the private social security system of the banking sector (PORTUGAL) to the European Communities’ pension scheme pursuant to Article 11(2) and (3) of Annex VIII to the Staff Regulations

The attention of the personnel (officials, temporary staff and contract staff) is drawn to the publication of the Portuguese decree-law n°55/2004 (Published in the « Diário da República » –I Sèrie-A n° 66 of 18/03/2004). This decree-law enters into force on the 1^st of July 2004 and settles the transfer of the rights acquired with the private social security system of the Portuguese banking sector.

Officials, temporary staff and contract staff who have not yet introduced a request for the transfer of pension rights from the abovementioned scheme are invited to introduce such request within the deadlines foreseen in the Staff Regulations, notably in articles 11§2 and 3 of annex VIII and 26 § 3 of annexe XIII⁽¹⁾ (transitional measures – requests to be made by 31 October 2004 at the latest.

The implementing rules of the aforementioned articles can be found at the following intranet addresses: : http://www.cc.cec/guide/publications/infoadm/2004/ia04060_en.html
http://www.cc.cec/guide/publications/infoadm/2004/ia04062_en.html

The request has to be made on the appropriate form. This form can be found at the following intranet address: http://www.cc.cec/pers_admin/pension/transf/docs/portugal_banques_pt.pdf .

The attention of those who entered service as official or temporary agent before the 1^st of May 2004 and who accomplished their probationary period before 31 October 2004, is drawn to the fact that the date of introduction of the request and notably if the request is made before or after 31 October 2004 (end of the transitional period foreseen in article 26 § 3 of annex XIII) can have consequences on the final result of the transfer due to the specific rules applicable in accordance with article 26 § 4 in fine of annex XIII to the Staff regulations. More detailed information in this respect can be obtained from the contact persons mentioned in the annexed list.

Applications must be recorded as having been received by the European Communities’ administration before the relevant deadline expires. Applications not submitted by the deadline cannot be considered unless late receipt is due to duly established cases of force majeure.


CONTACT PERSONS

1. COMMISSION
   
   PAYMASTER'S OFFICE – PMO 4 - Pensions - Transfer of Pension Rights Section, Brussels
   B28-4/187
   
   Ms Godart Tel. (2)295.97.14
   Mr Cruz Tel. (2)295.07.85
    
2. COUNCIL
   
   Directorate for Personnel and Administration - Pensions Department, Brussels L175-0370.FK.50
   
   Ms Campos Tel. (2) 285.72.81
   Mr Pourbaix Tel. (2) 285.66.68
    
3. EUROPEAN ECONOMIC AND SOCIAL COMMITTEE/COMMITTEE OF THE REGIONS
   
   Economic and Social Committee
   
   Directorate for Human And Financial Resources - Staff Regulations and Social Action Division - Pensions and Retirement Activities Department
   
   Mr E. Notoglou Tel. (2) 546 .96.61
   
   Committee of the Regions
   
   Personnel Unit - Bruxelles/rue Montoyer 92-102
   
   Ms Romani Tel. (2) 282 .22 07
    
4. PARLIAMENT
   
   Staff Pensions - Luxembourg BAK 02/67
   
   Ms Maria Filipa SERRA Tél. : (352) 4300 / .22761
    
5. COURT OF JUSTICE
   
   Personnel Division - Rights under the Staff Regulations, Welfare, Health and Pensions Section - Bd. K. Adenauer 100, Kirchberg - Luxembourg
   
   Ms Wagner Tel. (352) 4303 / 3666
    
6. COURT OF AUDITORS
   
   Personnel and Administration Division- 12, rue A. De Gasperi, Kirchberg - Luxembourg
   
   Ms Wegnez Tel. (352) 4398 / 45431
   Ms Zimmer Tel : (352) 4398. / 5339
   Mr.Apel Tel : (352) 4398 / 45635

_________________
Footnotes

1. Indeed, to be admissible, the request, for transfer pursuant to Article 11(2) and (3) of Annex VIII to the Staff Regulations, has to be introduced by the official, the temporary agent or the contract agent:
   • within 10 years as from the date of entry into service (if in the meantime he does not reach the normal retirement age)
   • but at the latest on the date he reaches the normal retirement age, even if at this very date he has not reached 10 years of service.
     In case the relevant deadline already expired at the date of reinstatement after a period of secondment or leave on personal grounds, the request following article 11§3 has to be made within 6 months from the date of reinstatement.