Place of origin and survivor's pensions – Conditions for application of correction coefficient

This administrative notice publishes a conclusion concerning the situation of persons in receipt of a survivor's pension following the death of an official or former official appointed prior to 1 May 2004 who was not receiving a pension at that date.

The conclusion approved by the Heads of Administration spells out the cases in which a correction coefficient is applicable to a survivor's pension.

Apart from the case where the recipient of a survivor's pension resides in the country of the deceased's place of origin, that person may still be entitled to the correction coefficient for his or her country of residence if that country is the country of which he or she is a national or if there is a change of residence for medical, family or professional reasons or reasons relating to the existence of an interest in property.

COMMISSION INTERNAL DIRECTIVE

The Heads of Administration approved by written procedure on 15 January 2007 Conclusion 249/06 (see Annex) which will apply within the Commission from 1 February 2007.

Claude Chêne

Annex

Luxembourg, 17 January 2007

CONCLUSION 249/06

APPROVED BY THE HEADS OF ADMINISTRATION
BY WRITTEN PROCEDURE ON 15 JANUARY 2007

1. A correction coefficient as provided for by Article 3(5)(b) of Annex XI to the Staff Regulations is applied to the pension of an official retiring before 1 May 2004 in respect of the Member State where the retired official has established his or her proven main residence (Article 20(1) of Annex XIII to the Staff Regulations). The minimum applicable correction coefficient is 100. Thus, officials retiring before 1 May 2004 do not have to reside in their country of origin in order to be entitled to a correction coefficient.
    
2. Pursuant to Article 20(3), 2nd indent, of Annex XIII to the Staff Regulations, a correction coefficient is applicable to the pension of an official recruited before 1 May 2004 and retiring after that date only if the official is resident in the country of his or her place of origin within the meaning of Article 7(3) of Annex VII to the Staff Regulations. However, in accordance with Article 20(3), officials in receipt of a pension may exceptionally request the Appointing Authority to change their place of origin for family or medical reasons.
    
3. Under Article 20(4) of Annex XIII to the Staff Regulations, the aforementioned provisions apply by analogy to recipients of invalidity allowances and of allowances under Articles 41 and 50 of the Staff Regulations.
    
4. Article 6(2) of the general provisions giving effect to Article 7(3) of Annex VII to the Staff Regulations concerning the place of origin lays down the same rule as that referred to in Article 20(3), 2nd indent, of Annex XIII to the Staff Regulations.
    
5. Conclusion 233/04 of the Heads of Administration of 19 May 2004 lays down implementing rules for Article 20(3), 2nd indent, of Annex XIII to the Staff Regulations.
    
6. Article 20(3), 2nd indent, of Annex XIII to the Staff Regulations, concerning pensions of former officials, should be applied by analogy to survivor's pensions granted after the death of officials recruited before 1 May 2004 and not receiving a pension at that date.
    
7. In addition, Article 5 of the general provisions giving effect to Article 7(3) of Annex VII to the Staff Regulations concerning the place of origin states that once officials reach the age of 55, they may, in preparation for retirement, request that their place of origin be changed, on production of documentary evidence of interests in property in the form of property already built or under construction.
    
8. By way of analogy with Article 5 of the general provisions giving effect to Article 7(3) of Annex VII to the Staff Regulations concerning the place of origin, where a survivor's pension is granted after the death of a serving official or an official assigned one of the administrative statuses listed in Article 35 of the Staff Regulations, a correction coefficient may be applied to that pension if the recipient changes his or her country of residence.

CONCLUSION

The Heads of Administration have concluded that if the recipient of a survivor's pension granted after the death of an official or former official appointed before 1 May 2004 and not receiving a pension on that date, resides in the country of the place of origin of the deceased, the correction coefficient provided for by Article 3(5)(b) of Annex XI to the Staff Regulations concerning the country of residence, is applied to the pension on the percentage of rights acquired by the official before 1 May 2004.

If the recipient of a survivor's pension granted in the above-mentioned circumstances leaves his or her country of residence as mentioned above and takes up residence in another country, a correction coefficent for the other country is applicable to the pension if:

1. The change of residence is justified for medical reasons on the grounds of a serious illness or handicap of the recipient of a survivor's pension or of a relative in the direct ascending or descending line.
   In this case, the application must be accompanied by a medical certificate explaining the reasons, to be sent in a sealed envelope to the medical service of the institution concerned, which must give the Appointing Authority its opinion on whether the change of residence is justified for medical reasons on the grounds of a serious illness or handicap.
    
2. The change of residence is due to family reasons. In this case, the application must be duly justified by relevant supporting documentation.
   
   If the recipient resides in the country of which he or she is a national and if this is not the same as the country of the place of origin of the deceased, he or she can apply for the correction coefficient applicable to this country.
   
   In other cases, in view of the exceptional nature of such decisions, only new circumstances arising after the death of the official or former official may be taken into account for the change, in particular:
    
   • if the recipient establishes his or her residence in the country in which one of his or her children live, or, in the case of an orphan's pension, in the country of residence of a relative in the direct ascending line;
      
   • if the recipient enters into a new professional commitment (employment contract) after the death of the official or former official requiring a change of residence to a country other than that of the place of origin of the late official.

In addition, the Heads of Administration have concluded that the recipient of a survivor's pension granted after the death of a serving official or an official assigned another administrative status is entitled to application of a correction coefficient on the percentage of pension rights acquired by the official before 1 May 2004 if that person takes up residence in a country other than that of the place of origin of the late official in which the official or recipient owned property already built or under construction at the time of the official's death.

In all cases, non-marital partners are treated in the same way as the surviving spouse, 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 February 2007.

By the Heads of Administration