N° 135-2004 / 23.12.2004

Brussels, 23.12.2004
ADMIN D(2004) 32792

NOTICE FOR THE ATTENTION OF ALL STAFF

Subject:     

EARLY RETIREMENT WITHOUT REDUCTION OF PENSION RIGHTS – ARTICLE 9(2), ANNEX VIII, STAFF REGULATIONS – ARTICLE 39 CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS

Invitation for applications


This present notice constitutes the invitation to apply for early retirement without reduction of pension rights in 2005

Background

On 1 May 2004 the new Staff Regulations came into force. Article 9(2) of Annex VIII of the Staff Regulations and Article 39 of the CEOS provide for a limited number of officials and temporary servants to retire before pensionable age without reduction of pension rights. The Commission adopted the rules implementing a scheme for early retirement without reduction of pension rights by its decision of 28 April 2004, found in Administrative Notices No. 63-2004 of 11 June 2004, (“the GIP”).

Potential Number of Officials who will be able to retire in 2005 without a reduction of pension rights

Under the quota attributed to the Commission in 2004, the Commission will be able to allow 26 (twenty six) officials and a small number of temporary servants to retire in the course of 2005 without a reduction of pension rights.

Eligibility Criteria

To be eligible for retirement in 2005 without reduction of pension rights, officials must be at least 55 years old and have completed at least 10 years of service on 1 January 2005. Years of service for which a severance grant has been paid will not be taken into account for assessing eligibility. For information purposes the relevant provisions of Art 4, “Eligibility”, of the GIP are set out below:

Article 4: Eligibility

  1. To be eligible, the official or temporary agent must fulfil on 1 January of the following year the criteria set out in paragraphs 2, 3, 4, 5 and 6.
     
  2. An official must be:
     
    1. in active employment, on leave for military service or on parental or family leave within the meaning of Article 35 of the Staff Regulations, or
       
    2. seconded in the interest of the service within the meaning of Article 37 (a) of the Staff Regulations
       
  3. A temporary agent must be in active employment or on parental or family leave
     
  4. The candidate must be at least 55 years old and not be able to retire without reduction in pension rights in the course of the year.
     
  5. The candidate must fulfil the requirements of article 77 of the Staff Regulations as an official and/or temporary agent in one of the Institutions and/or Community agencies within the meaning of Articles 1a and 1b of the Staff Regulations.
     
  6. For the purpose of determining the period of service referred to in paragraph 5, only the periods of service mentioned in paragraphs 2 and 3 shall be taken into consideration.


How to apply

Please send an e-mail to ADMIN STAT EARLY RTMNT 2004 by 20 January 2005. This e-mail should state your name, personnel number, DG and your wish to retire early without a reduction of pension rights in 2005.

Those officials and temporary servants who have sent the above e-mail will be invited to complete an online application form. The online application form is not currently accessible. An announcement will be made to applicants when this form becomes available for filling in. It is obligatory for applicants to complete this online application form if their applications are to be taken into account.

Please send any questions you may have on this scheme by e-mail to ADMIN STAT EARLY RTMNT 2004.
Within the next few months full information on this exercise will be available on the IntraComm.
 


Officials and temporary agents who are interested in applying and who satisfy the conditions are invited:

  • to read carefully the Commission’s general implementing rules of 28 April 2004 (Administrative Notices No. 63-2004 of 11 June 2004), and Art 9(2) of Annex VIII of the Staff Regulations, and of Art 39 of the Conditions of Employment of Other Staff.
     

  • to take note of the criteria to be applied for the selection of the candidates,

and to confirm their application by

  • sending an e-mail to ADMIN STAT EARLY RTMNT 2004 by 20 January 2005 containing the following information only: name, personnel number, DG and the statement that you “wish to retire early without a reduction of pension rights in 2005”.

As regards the remainder of the procedure, the planned timetable (dates are tentative) is as follows:

  • 18 March 2005: deadline for receipt of online applications,
     
  • 15 April 2005: each DG or department sends to DG ADMIN its list of eligible applicants in three groups depending on whether the interest of the service in the measure being applied to the official concerned is considered to be high, low or non-existent,
     
  • 13 May 2005: establishment by DG ADMIN of a single draft list not exceeding 26 candidates, and also possibly of a draft reserve list,
     
  • Beginning of June 2005: opinion of the Joint Committee (COPAR) on the draft list,
     
  • Mid– June 2005: approval of the list by the Commission; period of 10 working days for selected candidates to withdraw their application if they so wish; publication of the final list.
     
  • After Commission decision, but before 1 January 2006: implementation of the individual measures terminating service: determination of departure dates depending on the choice of the candidate.

Concerning the question of data protection in the context of this exercise I would ask you to take note of the information contained in the Annex to this note.

signed
Claude CHÊNE




Annex

Data Protection

An application for early retirement without reduction of pension rights in 2005 will involve the treatment by the Commission of personal data concerning the applicant. Such treatment of personal data is subject to the provisions of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions (“The Data Protection Regulation”)1 . By filing an application, the applicant will be considered as having given unambiguously his or her consent to the processing of these data in the context of this exercise. This consent makes all processing by the Commission of these personal data lawful in accordance with Article 5(d) of the Data Protection Regulation.

With a view to the provisions of the regulation, furthermore, the following should be noted:

Identity of data controller: Martin TERBERGER, Head of Unit A.1, DG ADMIN.

Purpose of the processing operation: Implementation of the early retirement without reduction of pension rights.

Categories of data processing: All information contained in personnel files, supplied by the candidates or by the Directorate Generals and services.

Existence of the right of access: Applicants have a right of access to their data in accordance with Article 13 of the Data Protection Regulation.

Legal basis of the processing: Article 9(2), Annex VIII of the Staff Regulations, Article 39 Conditions of Employment of other Servants, and Commission Decision of 28 April 2004, published in Administrative Notices No. 63-2004 of 11 June 2004.

Time limits for storing the data: Varies from individual to individual, depending on the development of the individual official’s personnel file.

Right to have recourse to the European Data Protection Supervisor: Right is granted (see Article 33 of the Data Protection Regulation).

_______________
FOOTNOTE

1 OJ L 8 of 12 January 2001, pp. 1 - 22

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   Author: ADMIN