Order — ECLI:EU:T:2003:313
Date: 2003-11-26
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Retirement pension
Procedure: Staff cases - unfounded

SUMMARY — CASE T-95/02 
Summary 
1. Officials - Pensions - Pension rights acquired before entry into the service of 
the Communities - Transfer to the Community scheme - Crediting of years of 
pensionable service - Method of calculation - Taking into account of basic salary 
at the date of establishment as an official - Previous recruitment as a member of 
the temporary staff - No effect 
(Staff Regulations, Annex VIII, Art. 11(2); Commission's general implementing 
provisions, Art. 4(2) and (3)) 
2. Officials - Pensions — Pension rights acquired before entry into the service of 
the Communities - Transfer to the Community scheme - Method of calculating 
years of pensionable service credited 
(Staff Regulations, Annex VIII, Art. 11(2); Commission's general implementing 
provisions, Art. 4(2) and (4)(b)) 
1. The Staff Regulations, the Conditions of Employment of Other Servants and the 
general implementing provisions adopted by the Commission for the application of 
Article 11(1) and (2) of Annex VIII to the Staff Regulations contain no provisions 
specifically governing, as regards the transfer of pension rights, the situation of a 
member of the temporary staff who has subsequently become an official. In the 
absence of such specific provisions, and if the person concerned is an official at the 
time when he makes a request to that effect, the transfer of pension rights is 
governed by the provisions of Article 11 (2) of Annex VIII to the Staff Regulations 
and by Article 4(2) and (3) of the general implementing provisions, pursuant to 
which the number of years of pensionable service to be credited is to be calculated 
by reference to the date of the official's establishment and his grade on 
establishment. 
(see paras 50-51) 
See: T-106/01 Youssouroum v Council [2002] ECR-SC I-A-93 and II-435, para. 41 
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HOHENBICHLER / COMMISSION 
2. When pension rights are transferred, where the years of pensionable service to 
be credited are calculated in accordance with Article 4(4) (b) of the general 
provisions adopted by the Commission for the implementation of Article 11(2) of 
Annex VIII to the Staff Regulations on the transfer to the Community scheme of 
pension rights acquired before entering the service of the Communities, the total 
amount of the national pension rights involved in the transfer is converted on the 
basis of the current rate applicable on the date of the transfer. In that case, the 
salary and the actuarial value to be taken into account for calculating the years of 
pensionable service are, respectively, the salary applicable on the date of the 
transfer for the grade at which the official was established, and the actuarial value 
corresponding to the official's age on that same date. Because the rate has been 
updated to the date of the transfer, there is no need to deduct interest as provided 
for in Article 4(2) of the general implementing provisions for the period between 
the date of establishment and that of the transfer, which is intended to compensate 
the Community institution for the delay in the actual transfer to the Community of 
the amount of the national pension rights to which the official is entitled on the date 
when he is established. 
(see paras 59-60) 
See: T-303/00, T-304/00 and T-322/00 Caballero Montoya and Others v Commission 
[20031 ECR-SC I-A-29 and II-189, para. 76 
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