STAFF NOTICE

By the Law of 21 May 1991, Belgium – in accordance with Article 11(2) of Annex VIII to the Staff Regulations – laid down rules on transferring to the pension scheme for officials of the Communities rights acquired under a Belgian pension fund (ONP, INASTI or OSSOM) prior to entering the service. Those rules are based on subrogating the Community institution to the right to receive monthly amounts corresponding to the national pension of the official who has opted to transfer his/her pension rights. The method for calculating pensionable service in accordance with that subrogation is based on the actuarial equivalent of the national pension.

Since the Law of 10 February 2003, which applies to transfer applications submitted to the relevant Community institution from 1 January 2002 onwards (Article 28 of the Law), the transfer of pension rights has been based on the surrender value of pension contributions paid into the Belgian national schemes.

Given that this change in the Belgian law generally causes the transferable amount of pension rights to increase compared with the amount that would result from calculation under the 1991 Law, numerous colleagues have individually or collectively submitted an application or a complaint under Article 90 of the Staff Regulations. Their objective is to be able to resubmit a transfer application in the hope that the transferable amount of their pension rights will be recalculated by the Belgian authorities on the basis of the 2003 Law. Simultaneously, a number of officials have requested the institution’s assistance, under Article 24 of the Staff Regulations, with a view to challenging by legal action what they regard as discriminatory treatment.

Individual replies to the applications and complaints submitted will be sent by e mail.

On 19 April the Director General of DG ADMIN held a meeting with the trade unions and staff associations at which the various aspects of the issue were discussed. DG ADMIN and the PMO explained inter alia that the relevant Belgian legislation – the Law of 1991 and that of 2003 – is not incompatible with Community law and pointed out the legal and financial risks entailed in the approach proposed by some trade unions and staff associations. The importance was therefore stressed of an extremely cautious approach on this issue.

On 23 June Vice President Kallas sent a letter to the Belgian Permanent Representative to the EU, drawing the Belgian authorities' attention to the issue.

You will be informed of any important developments on this issue by means of further notices in this form.