Council Regulation (ECSC, EEC, EURATOM) No 510/82
of 22 February 1982
amending Regulation (ECSC, EEC, Euratom) No 1860/76 laying down the conditions of employment of staff of the European Foundation for the Improvement of Living and Working Conditions
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions [1], and in particular Article 17 thereof,
Having regard to Council Regulation (ECSC, EEC, Euratom) No 1860/76 of 29 June 1976 laying down the conditions of employment of staff of the European Foundation for the Improvement of Living and Working Conditions [2], as amended by Regulation (EEC, Euratom, ECSC) No 1238/80 [3],
Having regard to the proposal from the Commission,
Whereas it is for the Council, acting by a qualified majority on a proposal from the Commission, to amend these Conditions of Employment;
Whereas staff at the Foundation and those entitled under them should be granted the same benefits as regards sickness, accident and occupational disease insurance and as regards the pension scheme as are granted to certain temporary staff of the European Communities and those entitled under them, with the exception, however, of the pension increase provided for under Article 5 of Annex VIII to the Staff Regulations of officials of the European Communities,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (ECSC, EEC, Euratom) No 1860/76 shall be amended as follows:
1. the last subparagraph of Article 30 (1) shall be replaced by the following:
"However, where a staff member contracts an occupational disease or sustains an accident in the performance of his duties, he shall continue to receive his full remuneration throughout the period during which he is incapable of working until such time as he is awarded the invalidity pension provided for under Article 41b.";
2. the following second paragraph shall be added to Article 36:
"In the event of a pensioner's death, the first paragraph shall apply to the pension of the deceased.";
3. the following shall be added to Article 47 (2):
"and may also decide to limit the allowance provided for in Article 11 of Annex VI to repayment of the contribution provided for in Article 41h plus compound interest at 3·5 % per annum.";
4. the heading of Chapter 6 of Title II shall be replaced by the following:
"Social security benefits and pensions"
;
5. in Title II, Chapter 6 shall be divided into:
- Section A, entitled "Sickness and accident insurance, social security benefits" consisting of Articles 38 to 41,
- Section B, entitled "Pension scheme and severance grant" consisting of Articles 41a to 41h;
6. Article 38 shall be replaced by the following:
"Article 38
1. Under the conditions laid down in the Rules to which the first Article of Annex V refers, a staff member, his spouse, his children and other dependants within the meaning of Article 7 of Annex IV shall be insured against sickness up to 80 % of the expenditure incurred, during his periods of service and of sick leave. However, the rate of 80 % shall be raised to 100 % in cases of tuberculosis, poliomyelitis, cancer, mental illness and other illnesses recognized by the Commission of the European Communities as being of comparable seriousness.
One-third of the contribution required to meet such insurance shall be charged to the staff member but so that the amount charged to him shall not exceed 2 % of his basic salary, the other two-thirds being borne by the Foundation.
If, however, the medical examination provided for in Article 24 shows the staff member to be suffering from sickness or invalidity, the Director may decide that expenses arising from such sickness or invalidity are to be excluded from the reimbursement of expenditure provided for in the first subparagraph.
2. If the staff member proves that he cannot obtain cover under another social security scheme, he shall continue to benefit under the sickness insurance scheme provided for in the first paragraph, without being required to contribute thereto, for a period of not more than 60 days after the expiry of his contract or while he is suffering from protracted serious illness contracted during his employment.
3. A staff member who has remained in the service of the Foundation until the age of 60 years or who is in receipt of an invalidity pension shall be entitled to the benefits provided for in paragraph 1 after he has left the service. The amount of contribution shall be calculated on the basis of his pension.
Those benefits shall also apply to the person entitled to survivor's pension following the death of a staff member who was in active employment or who remained in the service of the Foundation until the age of 60 years, or the death of a person entitled to an invalidity pension. The amount of contribution shall be calculated on the basis of his pension.
4. The following shall likewise be entitled to the benefits provided for in paragraph 1, provided that they cannot obtain cover under any other public scheme of sickness insurance:
- former staff members entitled to retirement pensions who left the service of the Foundation before the age of 60 years;
- persons entitled to survivor's pension as a result of the death of a former staff member who left the service of the Foundation before the age of 60 years.
The contribution shall be calculated by reference to the pension of the former staff member, half the contribution being borne by the person entitled.
However, a person entitled to orphan's pension shall not be entitled to the benefits provided for in paragraph 1, except at his request. The contribution shall be calculated on the basis of the orphan's pension.
5. Where the total expenditure not reimbursed for any period of 12 months exceeds half the staff member's basic monthly salary or pension, special reimbursement shall be allowed by the Director of the Foundation, with the assent of the settlements office, account being taken of the family circumstances of the person concerned, in manner provided for in the rules referred to in Article 1 of Annex V.
6. Persons entitled to the foregoing benefits shall declare the amount of any reimbursement which they may claim under another compulsory sickness insurance for themselves or for persons covered by their insurance.
Where the total which they would receive by way of reimbursement exceeds the sum of the reimbursements provided for in paragraph 1, the difference shall be deducted from the amount to be reimbursed pursuant to paragraph 1, with the exception of reimbursements obtained under a private supplementary sickness insurance scheme covering that part of the expenditure which is not reimbursable under paragraph 1.";
7. the following Articles shall be inserted:
"Article 38a
1. Under the conditions laid down in the Rules referred to in Article 2 of Annex V, a staff member shall be insured, during the periods of service and of sick leave, against the risk of occupational disease and of accident. He shall contribute to the cost of insuring against non-occupational risks up to 0·1 % of his basic salary.
The Rules specify which risks are not covered.
2. The benefits payable shall be as follows:
(a) in the event of death:
Payment to the persons listed below of a lump sum equal to five times the deceased's annual basic salary calculated by reference to the monthly amounts of salary received during the 12 months before the accident:
- to the deceased staff member's spouse and children in accordance with the law of succession governing the staff member's estate; the amount payable to the spouse shall not, however, be less than 25 % of the lump sum,
- where there are no persons of the category above, to the other descendants in accordance with the law of succession governing the staff member's estate,
- where there are no persons of either of the two categories above, to the relatives in the ascending line in accordance with the law of succession governing the staff member's estate,
- where there are no persons of any of the three categories above, to the Foundation.
(b) in the event of total permanent invalidity:
Payment to the staff member of a lump sum equal to eight times his annual basic salary calculated on the basis of the monthly amounts of salary received during the 12 months before the accident.
(c) in the event of partial permanent invalidity:
Payment to the staff member of a proportion of the sum provided for in subparagraph (b), calculated by reference to the scale laid down in the rules referred to in Article 2 of Annex V.
As provided for in these rules an annuity may be substituted for the payments provided above.
The benefits listed above may be paid in addition to the benefits provided for by the pension scheme.
3. The following shall also be covered in manner provided for in the rules referred to in Article 2 of Annex V: medical, pharmaceutical, hospital, surgical, prosthesis, radiography, massage, orthopaedic, clinical and transport expenses and any other similar expenditure incurred as a result of the accident or occupational disease.
Reimbursement shall, however, only be made where the amount paid to the staff member under Article 38 does not fully cover the expenditure incurred."
"Article 40a
1. Within the limits of the obligations devolving upon it under Article 40, the Foundation shall automatically assume the rights of redress of the official or of those entitled under him against the third party responsible for an accident involving the death of a staff member.
2. Within the limits of the obligations devolving upon them under Articles 38 and 38a the Communities shall automatically assume the rights of redress of the staff member or of those entitled under him against the third party responsible for an accident involving the death or injury of a staff member or a person covered by his insurance."
;
"Article 41a
A staff member who has completed at least 10 years' service shall be entitled to a retirement pension. He shall, however, be entitled to such pension irrespective of length of service if he is over 60 years.
The maximum retirement pension shall be 70 % of the final basic salary carried by the last grade in which the staff member was classified for at least one year. It shall be payable to staff members who have completed 35 years' service reckoned in accordance with Article 3 of Annex VI. Where the number of years of service is less than 35, the above maximum shall be reduced proportionately.
Where a staff member is entitled to a retirement pension, his pension rights shall be reduced in proportion to the amounts paid in pursuance of Article 37 of Annex VI.
The amount of the retirement pension must not be less than 4 % of the minimum subsistence figure, within the meaning of Article 5 of Annex VI, per year of service in accordance with Article 3 of that Annex.
The pensionable age shall be 60 years.
The years of service referred to in the first paragraph shall be those accomplished as a staff member within the meaning of Article 1 (2) and shall include the years prior to …, provided that the staff member is still serving in that capacity at the Foundation on that same date.
Article 41b
A staff member shall be entitled, in manner provided for in Chapter III of Annex VI, to an invalidity pension in the case of total permanent invalidity preventing him from performing his duties at the Foundation.
Where the invalidity arises from an accident in the course of or in connection with the performance of his duties, from an occupational disease, from a public-spirited act or from risking has life to save another human being, the invalidity pension shall be 70 % of the last basic salary of the staff member.
Where the invalidity is due to some other cause, the invalidity pension, calculated on his last basic salary, shall be equal to the retirement pension to which the staff member would have been entitled at the age of 65 years if he had remained in the service until that age.
The invalidity pension shall not be less than 120 % of the minimum subsistence figure as defined in Article 5 of Annex VI.
In the case of invalidity deliberately brought about by the staff member, the Director may decide that he should receive only the severance grant provided for in Article 11 of Annex VI.
Article 41c
The widow of a staff member or former staff member shall be entitled to a survivor's pension in manner provided for in Chapter IV of Annex VI.
The monthly amount of the survivor's pension payable to the widow of a staff member who died in service or on leave for military service, shall be equal to 35 % of the last basic salary received by the staff member and may not be less than the minimum subsistence figure as defined in Article 5 of Annex VI.
Article 41d
1. Where a staff member or person entitled to a retirement or invalidity pension dies leaving no spouse entitled to a survivor's pension, the dependent children within the meaning of Article 7 of Annex IV shall be entitled to an orphan's pension in accordance with Article 20 of Annex VI.
2. The same pension entitlement shall apply to children who fulfil the above conditions in the event of the death or remarriage of the spouse recipient of a survivor's pension, as provided for in Article 41c.
3. Where a staff member or person entitled to a retirement or invalidity pension dies but the conditions set out in the first paragraph are not satisfied, the dependent children within the meaning of Article 7 of Annex IV shall be entitled to orphan's pension in accordance with the conditions referred to in Article 20 of Annex VI. However, this pension shall be equal to half the pension calculated in accordance with that Article.
4. Each child being dependent within the meaning of Article 7 of Annex IV on a staff member whose spouse, not being a staff member, dies shall be entitled to an orphan's pension of twice the amount of dependent child allowance.
Article 41e
A person entitled to a retirement pension payable at the age of 60 years or later, or to an invalidity pension, or to a widow's pension shall be entitled to the family allowances specified in Articles 6, 7 and 8 of Annex IV. The household allowance shall be calculated by reference to the pension of the recipient.
The amount of the dependent child allowance payable to the person entitled to a widow's pension shall, however, be twice the amount of the allowance provided for in Article 7 of Annex IV.
Persons entitled to an orphan's pension shall be entitled to the education allowance in manner provided by Article 8 of Annex IV.
Article 41f
The payments and benefits provided for in Articles 41b to 41e shall be suspended if the pecuniary effects of the contract of employment of the staff member are temporarily suspended pursuant to the conditions of employment of staff of the Foundation.
Article 41g
The pensions shall be calculated by reference to salary scales in force on the first day of the month in which entitlement commences.
They shall be weighted at a rate greater, equal to, or below 100 %, depending on the living conditions in the pensioner's country of residence; these weightings shall be equal to those fixed by the Council of the European Communities pursuant to Article 64 and Article 65 (2) of the Staff Regulations of officials of the European Communities.
The pensions provided shall be subject to the same adjustments as are decided on by the Council of the European Communities in respect of pensions of officials of those Communities.
Pensions shall be paid in one of the currencies listed under Article 38 of Annex VI, on the basis of the rates of exchange referred to in Article 63 of the Staff Regulations of officials of the European Communities.
Article 41h
Staff members shall contribute one third of the cost of financing this pension scheme. The contribution shall be 6·75 % of the staff member's basic salary, the weightings provided for in Article 3 of Annex IV not being taken into account. It shall be deducted monthly from the salaries of staff members and entered as revenue in the Commission Section of the general budget of the European Communities.
For the payment of benefits under this pension scheme, the Director of the Foundation shall delegate his powers to the administrative authority responsible for clearance and payment of pensions to former officials of the Commission of the European Communities. These benefits shall be charged to the general budget of the European Communities.";
8. Annex I shall be replaced by the following:
"ANNEX I
COMPOSITION AND PROCEEDINGS OF THE STAFF COMMITTEE AND THE INVALIDITY COMMITTEE
CHAPTER 1
Staff Committee
Article 1
The Staff Committee shall consist of the members thereof, together with their alternates if any, whose term of office shall be two years. The Foundation may, however, decide to fix a shorter term of office which may not be less than one year.
The conditions for election to the Staff Committee shall be laid down by the general meeting of the staff in service at the relevant place of employment. Election shall be by secret ballot.
Membership of the Staff Committee shall be such as to ensure the representation of all categories of staff.
Elections to the Staff Committee shall be valid only if two-thirds of the staff entitled to vote take part. However, if this proportion is not attained, the second vote shall be valid if the majority of those entitled take part.
The duties undertaken by members of the Staff Committee and by staff appointed to organs set up by the Foundation shall be deemed to be part of their normal service. The fact of performing such duties shall in no way be prejudicial to the person concerned.
CHAPTER 2
Invalidity Committee
Article 2
The Invalidity Committee shall consist of three doctors: one appointed by the Foundation, one appointed by the staff member concerned, and one appointed by mutual agreement between the first two doctors.
Should the staff member concerned fail to appoint a doctor, the President of the Court of Justice of the European Communities shall appoint one.
In the event of failure to agree on the appointment of a third doctor within two months of the appointment of the second doctor, the third shall be appointed by the President of the Court of Justice of the European Communities at the request of one of the parties concerned.
Article 3
Expenses incurred in connection with the proceedings of the Invalidity Committee shall be borne by the Foundation.
Where the doctor appointed by the staff member concerned is resident elsewhere than at the place where the member is employed, the staff member shall bear the cost of the additional fees entailed, with the exception of first-class travel expenses, which shall be refunded by the Foundation.
Article 4
The staff member may submit to the Invalidity Committee any reports or certificates from his regular doctor or from any medical practitioners whom he may have consulted.
The Committee's conclusions shall be communicated to the Foundation and to the staff member concerned.
The proceedings of the Committee shall be secret.
";
9. the following Annexes shall be added:
Annex V: "Sickness, accident and occupational disease insurance" and Annex VI: "Pension scheme".
These Annexes appear in Annexes 1 and 2 respectively to this Regulation.
Article 2
Staff members serving at the Foundation on the date when this Regulation enters into force may elect to remain covered by the social security scheme originally provided for by Article 38 of Regulation (ECSC, EEC, Euratom) No 1860/76, if it was applicable to them, or to be affiliated to the new scheme provided for in this Regulation, whichever shall be the more beneficial to them. The choice must be made within the three months following the date of entry into force of this Regulation and shall be irreversible. The scheme originally provided under Article 38 of Regulation (ECSC, EEC, Euratom) No 1860/76 shall remain in effect for the period before such choice is made and thereafter if no choice is made within that three-month period unless it is not made for reasons beyond the staff member's control.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 February 1982.