TRANSFER OF PENSION RIGHTS ACQUIRED WITHIN THE STATE PENSION SCHEMES IN THE UNITED KINGDOM AND IRELAND - EXCEPTIONAL REOPENING OF THE DEADLINES

This Administrative Notice concerns those members of staff who acquired pension rights within the state pension schemes in the United Kingdom and Ireland, which are managed respectively by the Department for Work and Pensions (DWP) and the Department of Social and Family Affairs (DSFA). Due to specific circumstances, an exceptional reopening of the deadlines laid down in the Staff Regulations for the transfer of these pension rights to the pension scheme of the European Communities' Institutions (PSEC)⁽¹⁾ has been granted for those persons concerned.

EXCEPTIONAL REOPENING OF THE DEADLINES LAID DOWN IN THE STAFF REGULATIONS

In order to transfer pension rights to the PSEC, Staff must submit their transfer application no later than six months after the end of the minimum period⁽²⁾needed to qualify them for the right referred to in Article 77 of the Staff Regulations. If the end of this period has not been reached by the time the staff member has reached pensionable age within the meaning of Article 77 of the Staff Regulations, they must submit their application no later than 6 months after the date on which they attain this age.

Applications must be submitted within the periods referred to above, even if no agreement has been reached with the pension scheme(s) in question on suitable arrangements for the transfer. This measure is fully justified by the method of calculating the pensionable years to be credited following transfer⁽³⁾.

Since the United Kingdom and Ireland joined the Community in 1973, the DWP and the DSFA systematically refused to carry out transfers even though they are specifically provided for by the Staff Regulations of Officials of the European Communities.

However, the DWP has allowed such transfers since June 2007 and the DFSA will follow suit in the coming months. The administration feels it must take into account the possible consequences of this development and in particular the unusually long time it has obviously taken for these two schemes to implement the provisions of the Staff Regulations.

As an exceptional measure, officials, temporary staff and contract staff who failed to submit an application to transfer rights acquired with the DWP or the DFSA, within the time limits laid down in the Staff Regulations, may still submit an application for that purpose.
 

Applications submitted after the expiry of this deadline cannot be considered. The only date that counts will be the date on which the department responsible acknowledges receipt of an application sent by registered post or, failing that, the date on which the application is registered with the department responsible.

Which is the department responsible?

• For Commission staff, irrespective of their place of employment, it is PM0-4 – Transfers Sector – GUIM 6/32.
   
• In other cases, it is the human resources unit of the relevant agency.

GENERAL INFORMATION ON THE TRANSFER OF PENSION RIGHTS ⁽⁴⁾

Introduction of an application does not commit applicants to a transfer of pension rights at this stage. Applicants only need to make a final decision on whether to go ahead with the transfer or to withdraw the application when they are in possession of the proposal from the Community administration concerning the number of pensionable years to be credited under the PSEC.

Before making a decision as to whether to transfer their pension rights, staff should bear in mind the following:

• Applications may not be withdrawn once the administration's proposal regarding the number of pensionable years' service to be credited to the applicant has been accepted in writing.
   
• Recognition of the years of pensionable service pursuant to the transfer cannot result in the total pension paid by the Community exceeding the maximum amount fixed by the pension scheme as provided for by the Staff Regulations, namely 70% of the official's final basic salary carried by the last grade in which he was classified for at least one year⁽⁵⁾. Since the Community pension scheme is based on the principle of solidarity, the Staff Regulations do not provide for any financial compensation in the event that this ceiling is exceeded.

Other useful information can be found at:

http://www.cc.cec/statut/_en/ann147.htm

http://www.cc.cec/guide/publications/infoadm/2004/ia04060_en.html

http://www.cc.cec/pers_admin/pension/transf/index_en.html

For all general questions concerning the transfer of pension rights, contact PMO's welcome and information service:

PMO Contact

e-mail: pmo-contact@ec.europa.eu

Tel: 97777

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Footnotes

⁽¹⁾ Application of Articles 11(2) and (3) of Annex VIII to the Staff Regulations.

⁽²⁾ Article 5(1) of the General Implementing Provisions for Articles 11 and 12 of Annex VIII to the Staff Regulations on transferring pension rights - published in Administrative Notice No 60 of 9 June 2004.

⁽³⁾ Article 7 of the General Implementing Provisions, and in particular in the second indent of point 2 thereof.

⁽⁴⁾ Pursuant to Article 11(2) and (3) of Annex VIII to the Staff Regulations.

⁽⁵⁾ See Article 77 of the Staff Regulations