1976R1860 — EN — 09.03.1982 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(ECSC,EEC,EURATOM)No1860/76
of29June1976
layingdowntheConditionsofEmploymentofStaffoftheEuropeanFoundationfortheImprove-
mentofLivingandWorkingConditions
(OJ L 214, 6.8.1976, p. 24)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC, Euratom, ECSC) No 1238/80 of 13 May 1980 L 127 4 22.5.1980
►M2Council Regulation (ECSC, EEC, EURATOM) No 510/82 of 22
February 1982L 64 15 8.3.1982
Corrected by:
►C1Corrigendum, OJ L 77, 23.3.1982, p. 12 (510/82)
▼B
COUNCILREGULATION(ECSC,EEC,EURATOM)No1860/76
of29June1976
laying down the Conditions of Employment of Staff of the
EuropeanFoundationfortheImprovementofLivingandWorking
Conditions
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to Council Regulation (EEC) No 1365/75 of 26 May1975 on the creation of a European Foundation for the Improvementof Living and Working Conditions(
1), and in particular Article 17
thereof,
Having regard to the proposal from the Commission,
Whereas it is for the Council, acting on a proposal from the Commis-
sion, to adopt provisions governing the staff of this Foundation,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERALPROVISIONS
Article 1
1. These Conditions of Employment shall apply to:
— the director and deputy director of the Foundation,
— the staff of the Foundation,— the local staff of the Foundation.
2. For the purposes of these Conditions of Employment, staff
engaged to fill a post which is included in the budget of the Foundation
shall be regarded as staff of the Foundation.
3. For the purposes of these Conditions of Employment, ‘local staff’
means staff engaged according to local practice for manual or serviceduties, assigned to a post not included in the list of posts appended tothe budget of the Foundation and paid from the total appropriations for
the purpose under the budget.
4. The director, who shall be nominated by the Commission of the
European Communities, shall be engaged in a post which is included inthe list of posts appended to the budget of the Foundation for thepurpose of exercising the duties provided for in Article 9 of Regulation
(EEC) No 1365/75.
The deputy director, who shall be nominated by the Commission of the
European Communities, shall be engaged in a post which is included inthe list of posts appended to the budget of the Foundation for thepurpose of assisting the director and replacing him should he be absentor otherwise prevented from performing his duties.
5. The director has the power to conclude contracts of employment
with the staff referred to inparagraphs 2 an d 3.
The chairman of the Administrative Board of the Foundation shall have
the power to sign the contracts of employment with the director anddeputy director.1976R1860 — EN — 09.03.1982 — 003.001 — 2
(1) No L 139, 30. 5. 1975, p. 1.
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TITLE II
THESTAFFOFTHEFOUNDATION
CHAPTER 1
Article 2
Staff may be engaged for a fixed or indefinite period.Fixed-term contracts may not be concluded for periods of more than
five years and shall be renewable.
Article 3
Staff shall not be engaged for any purpose other than that of filling, in
accordance with this Title, vacant posts included in the list of posts
appended to the budget of the Foundation. Every vacant post which isto be filled shall be advertised in an appropriate manner. The adver-tising procedure shall be established by the Administrative Board.
Article 4
Staff shall be divided into four categories, subdivided into grades corre-
sponding to the duties to be performed.
Staff shall be graded according to qualifications and experience.
The following table shows the corresponding grade for each basic post:
Category Grades Basic post
A A 5 Principal Administrator
A6/C148/C147/C147/C147/C149/C147/C147/C147/C150AdministratorA7
A 8 Assistant Administrator
B B 1 Principal Administrative Assistant
B 3 Senior Administrative Assistant
B 5 Administrative Assistant
C/C144/C147/C147/C147/C145/C147/C147/C147/C146C1Principal Secretary
Principal Clerical Officer
C2/C148/C147/C147/C147/C149/C147/C147/C147/C150Secretary/Shorthand Typist
Clerical Officer C3
/C144/C147/C147/C147/C145/C147/C147/C147/C146C5Typist
Clerical Assistant
D D 2 Skilled Employee
D 4 Unskilled Employee
By reference to this table, the Administrative Board shall, by agree-
ment with the Commission of the European Communities, define the
duties and powers attaching to each basic post.
Article 5
The grade and step at which staff are engaged shall be stated in their
contract.
A staff member shall be recruited at the first step inhis grade.
However, the director may, taking account of the training and specialexperience for the post of the person concerned, allow additionalseniority in his grade. This shall not exceed 48 months.
Assignment of staff to a post carrying a higher grade than that at which
they were engaged shall be recorded in an agreement supplementary totheir contract of employment.1976R1860 — EN — 09.03.1982 — 003.001 — 3
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Article 6
1. A Staff Committee shall be set up which shall perform the duties
assigned to it by these Conditions of Employment.
2. The compositionan d procedure of this Committee shall be deter-
mined by the Administrative Board of the Foundation in accordancewith Annex I.
3. The Staff Committee shall represent the interests of the staff vis-
à-visthe Foundation and maintain continuous contact between the
Foundation and the staff. It shall contribute to the smooth running ofthe Foundation by providing a channel for the expression of opinionby the staff.
It shall bring to the notice of the director any difficulty having general
implications concerning the interpretation and application of theseConditions of Employment. It may be consulted on any difficulty of
this kind.
The Committee shall submit to the director suggestions concerning the
organization and operation of the service and proposals for the
improvement of staff working conditions or general living conditions.
4. A staff member whose contract is for more than one year or for
an indefinite period shall be entitled to vote in elections and stand for
electionto the Staff Committee.
A staff member whose contract is for less than one year shall also be
entitled to vote if he has been employed by the Foundation for at least
six months.
CHAPTER 2
Rightsandobligations
Article 7
Staff shall carry out their duties and conduct themselves solely with the
interests of the Foundation in mind; they shall neither seek nor take
instructions from any government, authority, organization or person
outside the Foundation.
They shall not without the permission of the director accept from any
government or from any other source outside the Foundation any
honour, decoration, favour, gift or payment of any kind whatever,except for services rendered either before engagement or during leavefor military or other national service and in respect of such service.
Article 8
Staff shall abstain from any action and, in particular, any public
expression of opinion which may reflect on their position.
They may not engage in an outside activity, whether gainful or not.
Article 9
If the spouse of a staff member is in gainful employment, the staff
member shall inform the director thereof.
Should the nature of the employment prove to be incompatible with
that of the staff member and if the staff member is unable to give an
undertaking that it will cease within a specified period, the director
shall decide whether he is to continue in his post.
Article 10
Any staff member who in the performance of his duties is called upon
to decide on a matter in the handling or outcome of which he has apersonal interest such as to impair his independence shall inform thedirector thereof.1976R1860 — EN — 09.03.1982 — 003.001 — 4
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Article 11
A staff member who is a candidate for parliamentary election shall
apply for unpaid leave for a period not exceeding three months.
The director shall consider the case of any staff member so elected.
Having regard to the importance of the position to which the staffmember has been elected and the duties it entails, the director shalldecide whether the staff member concerned should continue in activeemployment or apply for unpaid leave. In the latter case, the durationof the leave shall be equal to the term for which the staff member has
beenelected.
Article 12
After leaving the service staff shall continue to be bound by the duty to
behave with integrity and discretion as regards the acceptance ofcertain appointments or benefits.
Article 13
Staff shall exercise the greatest discretionwith regard to all facts an d
information coming to their knowledge in the course of or in connec-tion with the performance of their duties; they shall not in any manner
whatsoever disclose to any unauthorized person any document or infor-
mation not already made public. They shall continue to be bound bythis obligationafter leavin g the service.
Staff members shall not, whether alone or together with others, publish
or cause to be published, without the permissionof the director, an ymatter dealing with the work of the Foundation. Permission shall berefused only where the proposed publication is liable to prejudice theinterests of the Foundation.
Article 14
All rights in any writings or other work done by staff in the perfor-
mance of their duties shall be the property of the Foundation.
Article 15
Staff shall not, without permission from the director, disclose on any
grounds whatsoever, in any legal proceedings information of whichthey have knowledge by reason of their duties. Permission shall berefused only where the interests of the Foundation so require and suchrefusal would not entail criminal consequences as far as the staff
member in question is concerned. Staff shall continue to be bound by
this obligationafter leavin g the service.
The preceding paragraph shall not apply to staff or former staff giving
evidence before the Court of Justice of the European Communities on a
matter concerning staff or former staff of the Foundation.
Article 16
Staff shall reside either inthe place where they are employed or at n o
greater distance therefrom than is compatible with the proper perfor-mance of their duties.
Article 17
Whatever his rank, a staff member shall assist and tender advice to his
superiors; he shall be responsible for the performance of the dutiesassigned to him.
A staff member in charge of any branch of the service shall be respon-
sible to his superiors in respect of the authority conferred on him andfor carrying out instructions given by him. The responsibility of his
subordinates shall in no way release him from his own responsibilities.
A staff member who receives instructions which he considers to be
irregular or likely to give rise to serious difficulties shall inform his1976R1860 — EN — 09.03.1982 — 003.001 — 5
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immediate superior thereof, if necessary in writing. If he then receives
written confirmation of the instructions from his superior, he shall carrythem out unless they constitute a breach of criminal law ►
M1or of
the relevant safety standards ◄.
Article 18
A staff member may be required to make good, inwhole or inpart, an y
damage suffered by the Foundation as a result of serious misconduct onhis part in the course of or in connection with the performance of hisduties.
A reasoned decision shall be given by the director in accordance with
the procedure laid downwith regard to disciplin ary matters.
The Court of Justice of the European Communities shall have unlim-
ited jurisdiction in disputes arising under this provision.
Article 19
The privileges and immunities enjoyed by staff are accorded solely in
the interests of the Foundation. Subject to the Protocol on Privileges
and Immunities of the European Communities, staff shall not beexempt from fulfilling their private obligations or from complyingwith the laws and police regulations in force.
Article 20
The Foundation shall assist every staff member, in particular in
proceedings against any person perpetrating threats, insulting or defa-
matory acts or utterances, or any attack to person or property to
which he or a member of his family is subjected by reasonof his posi-tionor duties.
It shall compen sate him for damage suffered insuch cases, inso far as
the staff member did not either intentionally or through grave negli-
gence cause the damage and has been unable to obtain compensation
from the personwho did cause it.
It shall facilitate such further training and instruction for staff as is
compatible with the proper functioning of the service and is in accor-dance with its own interests.
A staff member assigned by the director of the Foundation to teaching
duties under the further training and instruction scheme provided for inthe third paragraph may be granted an allowance on the conditions laiddown in Article 9a of Annex IV.
Article 21
Staff shall be entitled to exercise the right of association; they may in
particular be members of trade unions or staff associations.
Article 22
Staff may submit requests to the director.Any decision relating to a specific individual which is taken under
these Conditions of Employment shall, without delay, be communi-
cated in writing to the staff member concerned. Any decisionadversely affecting a staff member shall state the reasons on which itis based.
Specific decisions regarding the administrative status of a staff member
shall be posted without delay in the premises of the Foundation.1976R1860 — EN — 09.03.1982 — 003.001 — 6
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CHAPTER 3
Conditionsofengagement
Article 23
1. The engagement of staff shall be directed to securing for the
Foundation the services of persons of the highest standard of ability,efficiency and integrity, recruited on the broadest possible geographicalbasis from among nationals of the Member States of the EuropeanCommunities.
Staff shall be selected without reference to race, creed or sex.
No posts shall be reserved for nationals of any specific Member State.2. A staff member may be engaged only on condition that:
(a) he is a national of one of the Member States of the European
Communities, unless an exception is authorized by the Administra-
tive Board, and enjoys his full rights as a citizen;
(b) he has fulfilled any obligations imposed on him by the laws
concerning military service;
(c) he produces the appropriate character references as to his suitability
for the performance of his duties;
(d) he is physically fit to perform his duties; and
(e) he produces evidence of a thorough knowledge of one of the
languages of the European Communities and of a satisfactory
knowledge of another language of the Communities to the extentnecessary for the performance of his duties.
Article 24
Before being engaged, a staff member shall be medically examined by
a medical practitioner appointed by the Foundation in order that theFoundation may be satisfied that he fulfils the requirements of Article
23 (2) (d).
Article 25
A staff member may be required to serve a probationary period not
exceeding six months.
On expiry of the probationary period, the employment of a staff
member whose work has not proved adequate shall be terminated. In
such case, the staff member shall receive compensation equal to one-
third of his basic salary for each complete month worked on probation.
Where during his probationary period a staff member is prevented, by
sickness or accident, from performing his duties for one month or
more, the authority empowered to conclude contracts of employmentmay extend his probationary period by the corresponding length oftime.
CHAPTER 4
Workingconditions
Article 26
Staff inactive employmen t shall at all times be at the disposal of the
Foundation.
However, the normal working week shall not exceed 42 hours, the
hours of the working day to be determined by the director.
Article 27
Staff may not be required to work overtime except in cases of urgency
or exceptional pressure of work; night work and all work on Sundays1976R1860 — EN — 09.03.1982 — 003.001 — 7
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or public holidays shall be authorized only in accordance with the
procedure laid downby the director. The total overtime which a staffmember may be asked to work shall not exceed 150 hours in any six
months.
Overtime worked by staff in Categories A and B shall carry no right to
compensation or remuneration.
As provided in Annex II, overtime worked by staff in Categories C and
D shall entitle them either to compensatory leave or to remuneration
where the requirements of the service do not allow compensatory leaveduring the month following that in which the overtime was worked.
Article 28
Staff shall be entitled to annual leave of not less than 24 working days
nor more than 30 working days per calendar year, in accordance with
rules to be laid down by the Administrative Board in agreement with
the Commission of the European Communities, after consulting theStaff Committee.
Apart from this annual leave, staff may exceptionally, on application,
be granted special leave. The rules relating to such leave are laid
down in Annex III.
Article 29
Pregnant women shall, in addition to the leave provided for in Article
28, be entitled on production of a medical certificate to leave startingsix weeks before the excepted date of confinement shown in the certi-
ficate and ending ►
M110 weeks ◄after the date of confinement;
such leave shall not be for less than ►M116 weeks ◄.
Article 30
1. A staff member who provides evidence of incapacity to perform
his duties because of sickness or accident shall automatically beentitled to paid sick leave.
He shall notify the Foundation of his incapacity as soon as possible and
at the same time state his present address. He shall produce a medicalcertificate if he is absent for more than three days. He may be requiredto undergo a medical examination arranged by the Foundation.
If, over a period of 12 months, a staff member is absent for up to three
days because of sickness for a total of more than 12 days, the directorshall take a decisiononthe advice of the medical practition er desig-nated by the Foundation after consulting a medical practitionerdesignated by the staff member.
Paid sick leave shall not, however, exceed the length of time, which
must in any event be not less than one month, worked by the staffmember. The leave shall not extend beyond the term of his contract.
On expiry of these time limits, a staff member whose contract is not
terminated, despite his inability to resume his duties, shall be placedonun paid leave.
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 invaliditypension provided for under Article 41b.
2. Staff shall undergo a medical check-up every year either by a
medical practitioner designated by the Foundation or by a medicalpractitioner of their choice.
In the latter case, the practitioner's fees shall be payable by the Foun-
dationup to a maximum fixed by the Admin istrative Board.1976R1860 — EN — 09.03.1982 — 003.001 — 8
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Article 31
Except in case of sickness or accident, a staff member may not be
absent without prior permission from his immediate superior. Without
prejudice to any disciplinary measures that may apply, any unauthor-ized absence which is duly established shall be deducted from theannual leave of the person concerned. If he has used up his annualleave, he shall forfeit his remuneration for an equivalent period.
If a staff member wishes to spend sick leave elsewhere than at the
place where he is employed, he shall obtainprior permissionfrom thedirector.
Article 32
A list of public holidays shall be drawnup by the Admin istrative Board
in agreement with the Commission of the European Communities afterconsulting the Staff Committee.
Article 33
In exceptional circumstances a staff member may at his own request be
granted unpaid leave on compelling personal grounds. The director
shall determine the length of such leave, which shall not exceed one-quarter of the length of time already worked by the staff memberconcerned or three months, whichever is the shorter.
Any period of leave granted in accordance with the first paragraph
shall not count for purposes of the application of the second paragraphof Article 35.
Article 34
A staff member who is recalled to serve inthe armed forces shall be
placed on leave with full remuneration, for a period equal to the length
of time worked by him, up to a maximum of three months. At the endof this period he shall, for the remainder of his service in the armedforces and up to a maximum of half the length of time worked byhim, receive compensation equal to one-third of his basic salary. At
the end of this further period he shall be placed on unpaid leave.
However, the payments provided for in the preceding paragraph shall
be reduced by the amount of service pay received by the personconcerned during the relevant period.
CHAPTER 5
Remunerationandexpenses
Article 35
In accordance with Annex IV a staff member shall be entitled to the
remuneration carried by his grade and step.
A staff member who has beenat on e step inhis grade for two years
shall automatically advance to the next step in that grade.
Article 36
In the event of a staff member's death, the surviving spouse or depen-
dent children shall receive the deceased's full remuneration until theend of the third month after the month in which the death occurred.
In the event of a pensioner's death, the first paragraph shall apply to the
pension of the deceased.
Article 37
A staff member shall be entitled, as provided for in Annex IV, to reim-
bursement of expenses incurred by him on taking up appointment or1976R1860 — EN — 09.03.1982 — 003.001 — 9
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leaving the service, and also to reimbursement of expenses incurred in
the course of or in connection with the performance of their duties.
CHAPTER 6
Social securitybenefitsandpensions
SectionA
Sicknessandaccidentinsurance,socialsecuritybenefits
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 childrenand other dependants within the meaning of Article 7 of Annex IVshall 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 % incases of tuberculosis, polio-myelitis, cancer, mental illness and other illnesses recognized by theCommission of the European Communities as being of comparableseriousness.
One-third of the contribution required to meet such insurance shall be
charged to the staff member but so that the amount charged to himshall not exceed 2 % of his basic salary, the other two-thirds beingborne by the Foundation.
If, however, the medical examination provided for in Article 24 shows
the staff member to be suffering from sickness or invalidity, theDirector may decide that expenses arising from such sickness or inva-lidity are to be excluded from the reimbursement of expenditureprovided for inthe first subparagraph.
2. If the staff member proves that he cannot obtain cover under
another social security scheme, he shall continue to benefit under thesickness insurance scheme provided for in the first paragraph, withoutbeing required to contribute thereto, for a period of not more than 60days 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 Founda-
tion until the age of 60 years or who is in receipt of an invaliditypension shall be entitled to the benefits provided for in paragraph 1after he has left the service. The amount of contribution shall be calcu-
lated 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 activeemployment or who remained in the service of the Foundation untilthe 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 beforethe 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. Thecontribution shall be calculated on the basis of the orphan's pension.1976R1860 — EN — 09.03.1982 — 003.001 — 10
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5. Where the total expenditure not reimbursed for any period of 12
months exceeds half the staff member's basic monthly salary orpension, 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 mannerprovided 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 compulsorysickness insurance for themselves or for persons covered by their insur-ance.
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 reimbursedpursuant 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.
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 ofservice and of sick leave, against the risk of occupational disease andof 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) inthe even t 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 monthsbefore the accident:
— to the deceased staff member's spouse and children in accor-
dance with the law of succession governing the staff member'sestate; the amount payable to the spouse shall not, however, beless than25 % of the lump sum,
— where there are no persons of the category above, to the other
descendants in accordance with the law of succession governingthe 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 withthe 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 monthlyamounts of salary received during the 12 months before the acci-dent.
(c) in the event of partial permanent invalidity:
Payment to the staff member of a proportion of the sum provided
for insubparagraph (b), calculated by referen ce to the scale laiddowninthe rules referred to inArticle 2 of An n ex 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, clin-ical and transport expenses and any other similar expenditure incurredas a result of the accident or occupational disease.1976R1860 — EN — 09.03.1982 — 003.001 — 11
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Reimbursement shall, however, only be made where the amount paid to
the staff member under Article 38 does not fully cover the expenditureincurred.
Article 39
1. Onthe birth of a child to a staff member, the personwho has
actual care of the child shall receive a grant of Bfrs 8 000.
The same grant shall be paid to a staff member who adopts a child who
is less than five years of age and is a dependant within the meaning of
Article 7 (2) of Annex IV.
This amount is equivalent to the amount specified in Article 74 (1) of
the Staff Regulations of officials of the European Communities and
shall be automatically adjusted in line with any change in that amount.
2. The gran t provided for inparagraph 1 shall also be payable inthe
event of termination of pregnancy after not less than seven months.
3. The recipient of a grant on the birth of a child shall declare any
grants of the same nature received from other sources for the samechild; such grants shall be deducted from the grant provided for above.Where both parents are members of the staff of the Foundation, thegrant shall be paid once only.
Article 40
In the event of a staff member's death, the Foundation shall bear the
costs involved in transporting the body to his place or origin.
Article 40a
1. Within the limits of the obligations devolving upon it under
Article 40, the Foundation shall automatically assume the rights ofredress of the official or of those entitled under him against the thirdparty 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 therights of redress of the staff member or of those entitled under himagainst the third party responsible for an accident involving the death
or injury of a staff member or a person covered by his insurance.
Article 41
Gifts, loans or advances may be made to staff members who are in a
particularly difficult positionas a result, inter alia , of serious or
protracted illness or by reason of family circumstances.
The foregoing paragraph shall apply by analogy to a former staff
member after expiry of his contract where, as a result of a serious orprotracted illness contracted, or of an accident sustained during hisemployment, he is incapable of working and proves that such illnessor accident is not covered by another social security scheme.1976R1860 — EN — 09.03.1982 — 003.001 — 12
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SectionB
Pensionschemeandseverance grant
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 suchpension 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 inwhich the staff member was classi-
fied for at least one year. It shall be payable to staff members who
have completed 35 years' service reckoned in accordance with Article3 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 AnnexVI, 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 inthe first paragraph shall be those
accomplished as a staff member within the meaning of Article 1 (2)and shall include the years prior to ►
C19 March 1982 ◄, provided
that the staff member is still serving in that capacity at the Foundation
onthat 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 permanentinvalidity 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 occupationaldisease, from a public-spirited act or from risking has life to saveanother human being, the invalidity pension shall be 70 % of the lastbasic salary of the staff member.
Where the invalidity is due to some other cause, the invalidity pension,
calculated onhis last basic salary, shall be equal to the retiremen tpension to which the staff member would have been entitled at theage 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.
Inthe case of in validity deliberately brought about by the staff
member, the Director may decide that he should receive only the sever-ance 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 inservice or onleave 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 inva-
lidity pension dies leaving no spouse entitled to a survivor's pension,the dependent children within the meaning of Article 7 of Annex IV1976R1860 — EN — 09.03.1982 — 003.001 — 13
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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 thespouse recipient of a survivor's pension, as provided for in Article 41c.
3. Where a staff member or person entitled to a retirement or inva-
lidity pension dies but the conditions set out in the first paragraph arenot 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 pensionshall be equal to half the pension calculated in accordance with thatArticle.
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 beentitled 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 ofthe allowance provided for in Article 7 of Annex IV.
Persons entitled to an orphan's pension shall be entitled to the educa-
tion 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 thestaff member are temporarily suspended pursuant to the conditions ofemployment 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 resi-dence; 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 ofpensions 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 EuropeanCommunities.
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 salariesof staff members and entered as revenue in the Commission Section ofthe 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 authority1976R1860 — EN — 09.03.1982 — 003.001 — 14
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responsible for clearance and payment of pensions to former officials
of the Commission of the European Communities. These benefits shallbe charged to the general budget of the European Communities.
CHAPTER 7
Recovery ofoverpayments
Article 42
Any sum overpaid shall be recovered if the recipient was aware that
there was no due reason for the payment or if the fact of the overpay-ment was patently such that he could not have been unaware of it.
CHAPTER 8
Appeals
Article 43
1. Any person to whom these Conditions of Employment apply may
submit to the director a request that he take a decisionrelatin g to him.The director shall notify the person concerned of his reasoned decision
withinfour mon ths from the date onwhich the request was made. If at
the end of that period no reply to the request has been received, thisshall be deemed to constitute an implied decision rejecting it, againstwhich a complaint may be lodged in accordance with paragraph 2.
2. Any person to whom these Conditions of Employment apply may
submit to the Administrative Board a complaint against an actadversely affecting him, either where the director has taken a decisionor where he has failed to adopt a measure prescribed by the Conditions
of Employment. The complaint must be lodged within three months.
The period shall start to run:
— on the date of notification of the decision to the person concerned,
but inn o case later thanthe date onwhich he became aware of thedecision, if the measure affects a specified person; if, however, anact affecting a specified person also adversely affects another
person, the period shall start to run in respect of that other person
onthe date onwhich he receives n otificationthereof but inn o caselater thanthe date of publication ;
— onthe date of expiry of the period prescribed for reply where the
complaint concerns an implied decision rejecting a request asprovided inparagraph 1.
The Administrative Board shall notify the person concerned of its
reasoned decision within four months from the date on which thecomplaint was lodged. If at the end of that period no reply to thecomplaint has been received, this shall be deemed to constitute animplied decision rejecting it, against which an appeal may be lodged
under Article 44.
3. A request or complaint by a staff member shall be submitted
through his immediate superior, except where it concerns that person,
inwhich case it may be submitted direct to the authority n ext above.
Article 44
1. The Court of Justice of the EuropeanCommun ities shall have
jurisdiction in any dispute between the Foundation and any person towhom these Conditions of Employment apply regarding the legality of
an act adversely affecting such person within the meaning of Article 43
(2). In disputes of a financial character the Court of Justice shall haveunlimited jurisdiction.
2. Anappeal to the Court of Justice of the EuropeanCommun ities
shall lie only if:
— the Administrative Board has previously had a complaint submitted
to it pursuant to Article 43 (2) within the period prescribed therein,and1976R1860 — EN — 09.03.1982 — 003.001 — 15
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— the complaint has been rejected by express or implied decision.
3. Appeals under paragraph 2 shall be filed within three months.
The period shall begin:
— on the date of notification of the decision taken in response to the
complaint;
— onthe date of expiry of the period prescribed for the reply where
the appeal is against an implied decision rejecting a complaintsubmitted pursuant to Article 43 (2); nevertheless, where a
complaint is rejected by express decision after being rejected by
implied decisionbut before the period for lodgin g anappeal hasexpired, the period for lodging the appeal shall start to run afresh.
4. By way of derogation from paragraph 2, the person concerned
may, after submitting a complaint to the Administrative Board pursuantto Article 43 (2), immediately file anappeal with the Court of Justice,
provided that such appeal is accompanied by an application either for a
stay of execution of the contested act or for the adoption of interimmeasures. The proceedings in the principal action before the Court ofJustice shall then be suspended until such time as an express or implieddecision rejecting the complaint is taken.
5. Appeals under this Article shall be investigated and heard as
provided inthe Rules of Procedure of the Court of Justice of the
EuropeanCommun ities.
CHAPTER 9
Terminationofemployment
Article 45
Apart from cessationondeath, employmen t shall cease:
1. where the contract is for a fixed period:
(a) onthe date stated inthe con tract;
(b) at the end of the period of notice specified in the contract, where
the latter contains a clause giving the staff member or the Foun-
dation the option to terminate earlier. Such period of notice shall
be not more than three months;
(c) at the end of the month in which the staff member reaches the
age of 65 years.
If the Foundation terminates the contract, the staff member shall be
entitled to compensation equal to one-third of his basic salary forthe period between the date when his duties end and the date whenhis contract expires;
2. where the contract is for an indefinite period:
(a) at the end of the period of notice stipulated in the contract; the
length of the period of notice shall not be less than two days for
each completed month of service, subject to a minimum of 15
days and a maximum of three months. The period of notice shallnot, however, commence to run during maternity leave or sickleave, provided such sick leave does not exceed three months.It shall, moreover, be suspended during maternity or sick leavesubject to the limit aforesaid;
(b) at the end of the month in which the staff member reaches the
age of 65 years.
Article 46
Employment, whether for a fixed or for an indefinite period:1. shall be terminated by the Foundation without notice if the staff
member is called to serve inthe armed forces;
2. may be terminated by the Foundation without notice:
(a) at the end of the probationary period in accordance with the
second paragraph of Article 25;1976R1860 — EN — 09.03.1982 — 003.001 — 16
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(b) without prejudice to Article 11, if the staff member is elected to
public office and the director considers such public office to beincompatible with the discharge of his normal duties with the
Foundation;
(c) if the staff member ceases to satisfy the requirements of Article
23 (2) (a) and (d);
(d) if the staff member is unable to resume his duties at the end of a
period of paid sick leave as provided for inArticle 30. Insuch
case the staff member shall receive anallowan ce equal to his
basic salary plus family allowances at the rate of two days foreach completed month of service.
Article 47
1. Employment may be terminated without notice on disciplinary
grounds in serious cases of failure of staff to comply with their obliga-
tions, whether intentionally or through negligence on their part. Areasoned decision shall be taken by the director after the personconcerned has had an opportunity to submit his defence.
2. Insuch cases the director may decide to withhold inwhole or in
part the resettlement allowance provided for in Annex IV ►
M2and
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 ◄.
Article 48
1. The employment of a staff member shall be terminated by the
Foundation, without notice if the director finds:
(a) that at the time of his engagement he deliberately furnished false
information as to either his professional ability or the requirements
of Article 23 (2); and
(b) that the false information furnished was a determining factor in his
being engaged.
2. Insuch case the director shall, after hearin g the staff member
concerned, declare that his employment is terminated. The staffmember shall thenimmediately cease to perform his duties. Article 47(2) shall apply.
TITLE III
LOCALSTAFF
Article 49
Subject to the provisions of this Title, the conditions of employment of
local staff, inparticular:
(a) the manner of their engagement and termination of their contract,
(b) their leave, and
(c) their remuneration,
shall be determined by the Administrative Board in agreement with the
Commission of the European Communities in accordance with currentrules and practice in the place where they are to perform their duties.
Article 50
As regards social security, the Foundation shall be responsible for the
employer's share of the social security contributions under current regu-
lations in the place where the local staff are to perform their duties.
Article 51
Any dispute between the Foundation and a member of the local staff
shall be submitted to the competent court in accordance with the laws1976R1860 — EN — 09.03.1982 — 003.001 — 17
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in force in the place where the member of the local staff concerned
performs his duties.
Article 52
A member of the local staff whose contract is for more than one year
or for an indefinite period shall be entitled to vote in elections and
stand for election to the Staff Committee. A member of the local staff
whose contract is for less than one year shall also be entitled to vote ifhe has beenemployed for at least six mon ths.
TITLE IV
THEDIRECTORANDTHEDEPUTYDIRECTOR
Article 53
1. Without prejudice to Article 54, the provisions applicable to the
director and deputy director shall be determined by the AdministrativeBoard.
2. The deputy director shall assist the director and replace him when
he is absent or otherwise prevented from carrying out his duties.
Article 54
Articles 3, 7, 8, 10, 12, 13, 15, 16, 18, 19, 20 and 21, concerning rights
and obligations, and Articles 43 and 44 concerning appeals by staff ofthe Foundation shall apply by analogy to the director and the deputydirector.
TITLE V
PRIVILEGESANDIMMUNITIES
Article 55
Articles 12 to 16 of the Protocol on the Privileges and Immunities of
the European Communities shall apply to staff of the Foundation aswell as to the director and the deputy director.
Local staff shall be covered by Article 12 (a) of this Protocol.
TITLE VI
TAXATION
Article 56
Council Regulation (EEC, Euratom, ECSC) No 260/68 of 29 February
1968 laying down the condition and procedure for applying the tax forthe benefit of the European Communities(
1) shall apply by analogy to
staff of the Foundation as well to the director and deputy director.
Tax shall be collected by the Foundation by means of deduction at
source. The tax proceeds shall be entered as revenue in the budget ofthe EuropeanCommun ities.
TITLE VII
FINALPROVISION
Article 57
The general provisions for giving effect to these Conditions of Employ-
ment shall be adopted by the Administrative Board, with the agreementof the Commissionof the EuropeanCommun ities, ona proposal fromthe director and after consulting the Staff Committee.1976R1860 — EN — 09.03.1982 — 003.001 — 18
(1) OJ No L 56, 4. 3. 1968, p. 8.
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This Regulation shall be binding in its entirety and directly applicable
inall Member States.1976R1860 — EN — 09.03.1982 — 003.001 — 19
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ANNEX I
COMPOSITION AND PROCEEDINGS OF THE STAFF COMMITTEE
ANDTHEINVALIDITYCOMMITTEE
CHAPTER 1
StaffCommittee
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
thanon e 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.
Electionshall 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 prejudi-
cial to the person concerned.
CHAPTER 2
InvalidityCommittee
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
thanat 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 certi-
ficates 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.1976R1860 — EN — 09.03.1982 — 003.001 — 20
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ANNEX II
COMPENSATORYLEAVEANDREMUNERATIONFOROVERTIME
Article 1
Within the limits laid down in Article 27 of the Conditions of Employment,
overtime worked by a staff member inCategory C or D shall en title him to
compensatory leave or to remuneration as follows:
(a) for each hour of overtime, he shall be entitled to ►M1one hour and a half
off◄as compensatory leave; if the hour of overtime is worked between
2200 hours and 0700 hours or on a Sunday or on a public holiday, the enti-tlement to compensatory leave shall be ►
M1two hours ◄; in the granting
of compensatory leave, account shall be taken of the exigencies of the
service and the preference of the staff member concerned;
(b) where the exigencies of the service do not permit compensatory leave to be
taken during the month following that during which the overtime was
worked, the director shall authorize remuneration for uncompensated hours
of overtime at the rate of ►M10·56 %◄of the monthly basic salary for
each hour of overtime onthe basis set out insubparagraph (a);
(c) to qualify for compensatory leave or remuneration for one hour's overtime,
the extra time worked must have beenmore than30 min utes.
Article 2
If a staff member is travelling on mission, travelling time shall not be treated as
overtime for the purposes of this Annex. As regards hours worked at the place
of assignment in excess of the normal number of working hours, compensatory
leave or remuneration, as the case may be, may be allowed by decision of the
director.
Article 3
Notwithstanding Articles 1 and 2 remuneration for overtime worked by certain
groups of staff in Categories C and D in special conditions may be paid in the
form of a fixed allowance the amount and terms of which shall be determined
by the Administrative Board after consulting the Staff Committee.1976R1860 — EN — 09.03.1982 — 003.001 — 21
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ANNEX III
LEAVE
Section1
ANNUAL LEAVE
Article 1
Inthe year inwhich a staff member en ters or leaves the service, he shall be
entitled to two working days' leave per complete month of service, to two
working days for an incomplete month consisting of more than 15 days and to
one working day for an incomplete month of 15 days or less.
Article 2
Annual leave may be taken all at once or in several periods as desired by the
staff member and according to the exigencies of the service. It must, however,
include at least one period of two consecutive weeks. Staff entering the service
shall be granted annual leave only after completing three months' duty; leave
may be approved earlier than this in exceptional cases for reasons duly substan-
tiated.
Article 3
If, during annual leave, a staff member contracts an illness which would have
prevented him from attending for duty if he had not been on leave, his annual
leave shall be extended by the duration of his incapacity, subject to production
of a medical certificate.
Article 4
Where a staff member, for reasons other than the requirements of the service,
has not used up his annual leave before the end of the current calendar year,
the amount of leave which may be carried over to the following year shall not
exceed 12 days.
Where a staff member at the time of leaving the service has not used up all his
annual leave, he shall be paid compensation equal to one-thirtieth of his
monthly remuneration at the time of leaving the service for each day's leave
due to him.
A sum calculated in the manner provided in the preceding paragraph shall be
deducted from payment due to a staff member who at the time of leaving the
service has drawn annual leave in excess of his entitlement up to that date.
Article 5
Where a staff member is recalled to duty for service reasons while on annual
leave or has had his leave cancelled, any costs incurred by him shall be reim-
bursed, subject to production of appropriate evidence, and travelling time shall
be granted afresh.
Section2
SPECIAL LEAVE
Article 6
In addition to annual leave, staff may, on application, be granted special leave.
In particular, in the following cases special leave shall be granted as shown:
— marriage of the staff member: four days,
— change of residence of the staff member: up to two days,— serious illness of spouse: up to three days,
— death of spouse: four days,
— serious illness of a relative in the ascending line: up to two days,— death of a relative in the ascending line: two days,
— birth or marriage of a child: two days,
— serious illness of a child: up to two days,
— death of a child: four days.1976R1860 — EN — 09.03.1982 — 003.001 — 22
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Section3
TRAVELLING TIME
Article 7
To the period of leave provided for inSection1 above shall be added travellin g
time based on the distance by rail between the place of leave and the place of
employment, calculated as follows:
— 50 to 250 km: one day for the outward-and-return journey,
— 251 to 600 km: two days for the outward-and return journey,— 601 to 900 km: three days for the outward-and return journey,— 901 to 1 400 km: four days for the outward-and return journey,— 1 401 to 2 000 km: five days for the outward-and-return journey,— more than 2 000 km: six days for the outward-and return journey.
Special exceptions may be granted on application by the person concerned on
production of evidence that the outward-and-return journey cannot be completed
inthe time allowed.
For the purposes of this Article, the place of leave in respect of annual leave is
the staff member's place of origin.
The preceding provisions shall apply to staff whose place of employment and
place of origin are in Europe. Should the place of employment and/or origin be
outside Europe, the travelling time shall be fixed by special decision taking into
account particular needs.
Where special leave is granted in pursuance of Section 2 above, any travelling
time shall be fixed by special decision taking into account particular needs.
Where a staff member benefits from the third subparagraph of Article 15 (2) of
Annex IV, the travelling time based on the distance by rail between the place of
origin and the place of employment shall be as follows:
— up to 900 km: one day for the outward and return journey,
— more than 900 km: two days for the outward and return journey.1976R1860 — EN — 09.03.1982 — 003.001 — 23
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ANNEX IV
REMUNERATIONANDEXPENSES
Section1
GENERAL PROVISIONS
Article 1
Remuneration shall comprise basic salary, family allowances and other allow-
ances.
Article 2
Staff members' remuneration shall be expressed in Belgian francs. It shall be
paid in the currency of the country in which the staff member performs his
duties.
Remuneration paid in a currency other than Belgian francs shall be calculated
on the basis of the exchange rates applicable to remuneration by virtue of
Article 63 of the Staff Regulations of officials of the European Communities.
Article 3
Where a staff member's remuneration is expressed in Belgian francs it shall,
after the compulsory deductions set out in these Conditions of Employment or
in any implementing regulations that have been made, be weighted at a rate
above, below or equal to 100%, depending on living conditions in the various
places of employment.
These weightings shall be those fixed by the Council of the European Commu-
nities as provided in Articles 64 and 65 (2) of the Staff Regulations of Officials
of the EuropeanCommun ities.
Article 4
Basic monthly salaries are determined for each grade and step as provided in the
following table:
GradesSteps
12345678
A 5 52068 55348 58628 61908 65188 68468 71748 75028
A 6 44538 47120 49702 52284 54866 57448 60030 62612
A 7 37926 39969 42012 44055 46098 48141 50184 52227
A 8 33193 34644 36095 37546 38997 40448 41899 43350B 1 44538 47120 49702 52284 54866 57448 60030 62612
B 3 31528 33141 34754 36367 37980 39593 41206 42819
B 5 23675 24805 25935 27065 28195 29325 30455 31585
C 1 27443 28679 29915 31151 32387 33623 34859 36095
C 2 23460 24590 25720 26850 27980 29110 30240 31370
C 3 21687 22655 23623 24591 25559 26527 27495 28463
C 5 17492 18353 19214 20075 20936 21797 22658 23519
D 2 18140 19054 19968 20882 21796 22710 23624 24538
D 4 15558 16310 17062 17814 18566 19318 20070 20822
Article 5
Remuneration shall be subject to the same adjustments as those decided by the
Council of the European Communities for the remuneration of officials of the
Communities. ►
M1 ◄1976R1860 — EN — 09.03.1982 — 003.001 — 24
▼M1
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Section2
FAMILY ALLOWANCES
Article 6
1. The household allowance shall be fixed at 5% of the basic salary or Bfrs
1 276, whichever is the greater.
2. The household allowance shall be granted to:
(a) a married staff member
(b) a staff member who is widowed, divorced, legally separated or unmarried
and has one or more dependent children within the meaning of Article 7
(2) and (3);
(c) by special reasoned decision of the director based on supporting documents,
a staff member who, while not fulfilling the conditions laid down in (a) and
(b), nevertheless actually assumes family responsibilities.
3. If the spouse of a staff member is gainfully employed, with an annual
income, before deduction of tax, of more than ►M1the basic annual salary of
a staff member inthe third step of grade C 3, weighted at the rate for the
country where the spouse carries out his or her occupation ◄, the staff member
entitled to the household allowance shall not receive this allowance save by
special decisionof the director. The staff member shall, however, be en titled to
the allowance whether the married couple have one or more dependent children.
4. In cases where, under paragraphs 1 to 3, a husband and wife employed by
the Foundation are both entitled to the household allowance, this shall be
payable only to the person whose basic salary is the higher.
Article 7
1. A staff member who has one or more dependent children shall, in accor-
dance with paragraphs 2 and 3 below, receive an allowance of Bfrs 1 983 per
month for each dependent child.
2. ‘Dependent child’ means a legitimate, natural or adopted child of a staff
member, or of his spouse, who is actually being maintained by the staff
member.
The same shall apply to a child for whom anapplicationfor adoptionhas been
lodged and the adoption procedure started.
3. The allowance shall granted:
(a) automatically for childrenun der 18 years of age;
(b) on application, with supporting evidence, by the staff member for children
between 18 and 26 who are receiving educational or vocational training.
4. Any person whom the staff member has a legal responsibility to maintain
and whose maintenance involves heavy expenditure may, exceptionally, be
treated as if he were a dependent child by special reasoned decision of the
director, based on supporting documents.
5. Payment of the allowance in respect of a child prevented by serious illness
or invalidity from earning a livelihood shall continue throughout the period of
that illness or invalidity, irrespective of age.
6. Not more than one dependent child allowance shall be paid in respect of
any one dependent child within the meaning of this Article, even where the
spouse of the staff member is inthe service of anin stitutionof the European
Communities.
Article 8
A staff member shall receive aneducationallowan ce equal to the actual educa-
tion costs incurred by him up to a maximum of Bfrs 1 772 per month for each
dependent child within the meaning of Article 7 (2) above who is in regular full-
time attendance at an educational establishment.
Entitlement to this allowance shall commence on the first day of the month in
which the child begins to attend a primary educational establishment and shall
cease at the end of the month in which the child reaches the age of 26.
The maximum prescribed inthe first paragraph shall be doubled for:
— a staff member whose place of employment is at least 50 kilometres from
either:
— a Europeanschool, or1976R1860 — EN — 09.03.1982 — 003.001 — 25
▼M1
▼M1
— an educational establishment working in his language which the child
attends for imperative educational reasons duly supported by evidence,
or
— a staff member whose place of employment is at least 50 km from an estab-
lishment of higher education in the country of which he is a national or
working in his language, provided that the child actually attends an estab-
lishment of higher education at least 50 km from the place of employment
and the staff member is entitled to the expatriation allowance; the latter
condition shall not apply if there is no such establishment in the country of
which the staff member is a national.
Article 9
1. Staff inreceipt of family allowan ces referred to inthis sectionshall
declare allowances of like nature paid from other sources; such latter allowances
shall be deducted from those paid under Articles 6, 7 and 8.
2. The dependent child allowance may be doubled by special reasoned deci-
sion of the director based on medical documents establishing that the child
concerned is suffering from a mental or physical handicap which involves the
staff member inheavy expen diture.
Section2a
TEACHING ALLOWANCE
Article 9a
A staff member assigned by the director of the Foundation to provide instruction
under the further training and instruction scheme provided for in the third para-
graph of Article 20 of the conditions of employment may be granted an
allowance equal to 0·45 % of his basic monthly salary in respect of each hour
of instruction given outside normal working hours.
This allowance shall be paid together with the remuneration for one of the
months following that during which the instruction was given.
Section3
EXPATRIATION ALLOWANCE
Article 10
►M11.◄An expatriation allowance equal to 16% of the total amount of
the basic salary plus the household allowance and the dependent child allowance
to which the staff member is entitled shall be paid:
(a) to staff:
— who are not and have never been nationals of the State in whose
►M1 ◄territory the place where they are employed is
situated, and
— who during the five years ending six months before they entered the
service did not habitually reside or carry on their main occupation within
the Europeanterritory of that State. For the purposes of this provision ,
circumstances arising from work done for another State or for an inter-
national organization shall not be taken into account;
(b) to staff who are or have been nationals of the State in whose territory the
place where they are employed is situated but who during the 10 years
ending at the date of their entering the service habitually resided outside
the European territory of that State for reasons other than the performance
of duties in the service of a State or of an international organization.
The expatriation allowance shall be not less than Bfrs 3 543 per month.
2. A staff member who is not and has never been a national of the State in
whose territory he is employed and who does not fulfil the conditions laid down
in paragraph 1 shall be entitled to a foreign residence allowance equal to one
quarter of the expatriationallowan ce.
3. For the purposes of paragraphs 1 and 2, a staff member who has by
marriage automatically acquired and cannot renounce the nationality of the State
inwhose territory he or she is employed shall be treated inthe same way as a
member of staff covered by the first indent of paragraph 1 (a).1976R1860 — EN — 09.03.1982 — 003.001 — 26
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Section4
REIMBURSEMENT OF EXPENSES
A.Installationallowanceandresettlement allowance
Article 11
1. A staff member engaged for a fixed period of not less than one year, or
deemed by the director to be engaged for an equivalent period if his contract is
for an indefinite period, shall receive an installation allowance as provided in
paragraph 2 amounting, for an expected period of service of:
— not less than one year but less than
two years:to one-third/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150of the rate
laid downin
paragraph
2(a) below— not less than two years but less than
three years:to two-thirds
— three years or more: to three-thirds
2. (a) A staff member who qualifies for the expatriation allowance or furnishes
evidence of having been obliged to change his place of residence in order
to comply with Article 16 of the Conditions of Employment shall be
entitled to an installation allowance equal to two months' basic salary if
he is entitled to the household allowance or equal to one month's basic
salary if he is not.
In cases where a husband and wife employed by the Foundation are both
entitled to the installation allowance, it shall be payable only to the
personwhose basic salary is the higher.
The installation allowance shall be weighted at the rate fixed for the
place where the staff member is employed.
(b) An installation allowance of the same amount shall be paid to any staff
member who is transferred to a new place of employment and is thereby
obliged to change his place of residence in order to comply with Article
16 of the Conditions of Employment.
(c) The installation allowance shall be calculated by reference to the marital
status and salary of the staff member either at the time of his engagement
or at the end of his probationary period, where there is a probationary
period, or on the date of his transfer to a new place of employment.
The installation allowance shall be paid on production of documents
establishing the fact that the staff member, together with his family if
he is entitled to the household allowance, has settled at the place where
he is employed.
(d) A staff member who is entitled to the household allowance and does not
settle with his family at the place where he is employed shall receive
only half the allowance to which he would otherwise be entitled; the
second half shall be paid when his family settles at the place where he
is employed, provided that it does so withinthe periods laid downin
Article 16 (4). Where the staff member is transferred to the place where
his family resides before his family has settled at the place where he is
employed, he shall not thereby be entitled to an installation allowance.
(e) A staff member who has received an installation allowance and who
voluntarily leaves the service of the Foundation within two years from
the date of entering it shall, on leaving the service, refund part of the
allowance, in proportion to the unexpired portion of that two-year period.
(f) A staff member in receipt of installation allowance shall declare any
allowance of like nature which he received from other sources; such
latter allowances shall be deducted from the allowance provided for in
this Article.
Article 12
1. A staff member who satisfies the requirements of Article 11 (1) shall be
entitled on termination of service to a resettlement allowance equal to two
month's basic salary in the case of a staff member who is entitled to household
allowance or to one month's basic salary in other cases, provided that he has
completed four years of service and does not receive a similar allowance in his
new employment.
In cases where a husband and wife employed by the Foundation are both
entitled to the resettlement allowance, this shall be payable only to the person
whose basic salary is the higher.1976R1860 — EN — 09.03.1982 — 003.001 — 27
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A staff member who has completed more thanon e year's but less thanfour
years' service shall receive a resettlement allowance proportionate to his length
of service, incomplete years being disregarded.
Periods of unpaid leave shall be disregarded in calculating this period.
The resettlement allowance shall be weighted at the rate fixed for the place
where the staff member was last employed.
2. In the event of the death of a staff member, the resettlement allowance
shall be paid to the surviving spouse or, in the absence of such a person, to the
dependants within the meaning of Article 7 above, even if the requirement as to
length of service laid down in paragraph 1 is not satisfied.
3. The resettlement allowance shall be calculated by reference to the marital
status and salary of the staff member at the date of termination of service.
4. The resettlement allowance shall be paid against evidence that the staff
member and his family, or, where the staff member has died, his family only,
have resettled at a place situated not less than 70 km from the place where the
staff member was employed.
Resettlement of a staff member or of the family of a deceased staff member
shall take place withinthree years of the date of termin ationof his service.
This time limit shall not apply as against persons entitled under him who can
prove that they were unaware of the foregoing provisions.
Article 13
However, the installation allowance provided for in Article 11 and the resettle-
ment allowance provided for in Article 12 shall not be less than:
— Bfrs 5 000 for a staff member who is entitled to household allowance; and
— Bfrs 3 000 for a staff member who is not entitled to household allowance.
B.Travel expenses
Article 14
1. A staff member shall be entitled to reimbursement of travel expenses for
himself, his spouse and his dependants actually living in his household:
(a) on taking up his appointment, from the place where he was recruited to the
place where he is employed;
(b) ontermin ationof service, from the place where he is employed to the place
of originas defin ed inparagraph 3 below.
In the event of the death of a staff member, the widow and dependants shall be
entitled to reimbursement of travel expenses under the same conditions.
Travel expenses shall also include the cost of seat reservations, transport of
luggage and, where applicable, hotel expenses necessarily incurred.
2. The basis for the calculationof reimbursemen t shall be:
— the shortest and most economical standard route by rail between the place of
employment and the place of recruitment or origin;
— first-class fare for staff in Categories A and B; second-class fare for other
staff;
— where the journey includes not less than six hours of night travel between
2200 hours and 0700 hours, sleeping accommodation up to the cost of
tourist class or couchette, onproductionof the relevan t ticket.
Where a means of transport other than that mentioned above is used, calculation
of reimbursement shall be based on the cost by rail in the appropriate class,
excluding sleeping accommodation. Where calculation on this basis is not
possible, the terms of reimbursement shall be determined by special decision
of the director.
3. The place of originof a staff member shall be determin ed whenhe takes
up his appointment, account being taken of where he was recruited or the centre
of his interests. The place of origin as so determined may by special decision of
the director be changed while the staff member is in the service or when he
leaves the service. While he is inthe service, however, such decisionshall be
taken only exceptionally and on production by the staff member of appropriate
supporting evidence.
The effect of such a change shall not, however, be such as to recognize as the
centre of the staff member's interests a place outside the territories of the
Member States of the European Communities or of the countries and territories1976R1860 — EN — 09.03.1982 — 003.001 — 28
▼B
listed in Annex IV to the Treaty establishing the European Economic Commu-
nity.
Article 15
1. A staff member shall be entitled to be paid a sum equivalent to the cost of
travel from the place where he is employed to his place of originas defin ed in
Article 14 for himself and, if he is entitled to household allowance, for his
spouse and dependants within the meaning of Article 7:
— once in each calendar year if the distance by rail between the place of
employment and the place of origin is more than 50 km but less than
725 km;
— twice in each calendar year if the distance by rail between the place of
employment and the place of origin is 725 km or more;
such distances to be calculated according to the methods laid down in Article 14
(2).
In cases where a husband and wife are both employed by the Foundation, each
has the right in respect of himself or herself and in respect of dependants to the
flat-rate payment of travelling expenses, in accordance with the above provi-
sions; each dependant shall be entitled to one payment only. The payment in
respect of dependent children is fixed at the request of the husband or wife, on
the basis of the place of originof either of them.
Where a staff member marries and is for that reason recognized as being entitled
to household allowance the travel expenses payable for the spouse shall be
calculatedinproportionto the period from the date of the marriage to the en d
of the year.
Any alteration to the basis of calculation which may arise from changes in
family status after the date of payment of the sums in question shall not render
the staff member concerned liable to make repayment.
Travel expenses for children aged four to 10 years shall be calculated on the
basis of half fare, the childrenbein g deemed for the purposes of calculationto
have completed their fourth or 10th year on 1 January of the current year.
2. The flat-rate payment shall be based on the cost of a first-class return
ticket by rail in the case of staff in Categories A and B and of a second-class
returnticket inthe case of other staff.
However, if the distance of the outward and return journey is 800 kilometres or
more, payment for staff members in categories C and D shall be based on the
cost of a first-class ticket.
Where the distance by rail between the place of employment and the place of
origin exceeds 500 kilometres and in cases where the usual route includes a
sea-crossing, the staff member concerned shall be entitled, on production of the
tickets, to reimbursement of the cost of travel by air in the class immediately
below luxury class or first class.
Where calculation on this basis is not possible, the terms of payment shall be
determined by special decision of the director.
3. A staff member whose service is terminated in the course of a calendar
year for any reason other than death or who is on unpaid leave during part of
the year shall, if he is inactive employmen t inthe service of the Foun dation
for less than nine months of that year, be entitled only to part of the payment
provided for inparagraph 1, calculated inproportionto the time spen t inactive
employment.
4. The preceding provisions shall apply to staff whose place of employment
and place of origin are in Europe. A staff member whose place of employment
and/or place of origin are outside Europe shall be entitled once in each calendar
year, subject to the submission of supporting documents, to repayment of travel
expenses to his place of origin, or to repayment of travel expenses to another
place not exceeding the expense of travel to his place of origin.
5. On ly such staff as have beeninthe service of the Foun dationfor at least
nine months shall qualify for entitlement under this Article.
C.Removalexpenses
Article 16
1. A staff member for a fixed period of not less than one year, or deemed by
the director to be engaged for an equivalent period if his contract is for an inde-1976R1860 — EN — 09.03.1982 — 003.001 — 29
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▼B
finite period, shall, as provided below, be entitled to reimbursement of removal
expenses.
2. The expenses incurred in respect of removal of furniture and personal
effects, including the cost of insurance against ordinary risk (breakage, theft,
fire), shall be reimbursed to a staff member who is obliged to change his place
of residence in order to comply with Article 16 of the Conditions of Employ-
ment and who has not been reimbursed in respect of the same expenses from
another source. Such reimbursement shall not exceed the amount of an estimate
approved inadvan ce. Not less thantwo estimates shall be submitted to the
appropriate department of the Foundation, which may, if it considers the esti-
mates to be excessive, select another removal firm. In the latter case,
entitlement to reimbursement may be limited to the amount of that firm's esti-
mate.
3. On termination of service or on the death of a staff member, the expenses
incurred in respect of removal from the place where he was employed to his
place of originshall be reimbursed.
Where the deceased staff member was unmarried, the expenses shall be reim-
bursed to those entitled under him.
4. Removal shall be effected within one year of the end of the staff member's
probationary period.
Ontermin ationof service, removal shall be effected withinthree years as
provided inthe secon d subparagraph of Article 12 (4).
Removal expenses arising after the expiry of the time limits set out above shall
be reimbursed only in exceptional cases and by special decision of the director.
D.Dailysubsistenceallowance
Article 17
1. Where a staff member furnishes evidence that he must change his place of
residence in order to satisfy the requirements of Article 16 of the Conditions of
Employment, he shall be entitled for a period specified in paragraph 2 to a daily
subsistence allowance as follows:
Entitled to household allowance Not entitled to household allowance
1st to 15 day from 16th day 1st to 15th day from 16th day
Belgian francs per calendar day
Categories A and B 775 350 525 275
Categories C and D 700 325 450 225
In cases where a husband and wife employed by the Foundation are both
entitled to the daily subsistence allowance, the rates shown in the first two
columns shall be applicable only to the person whose basic salary is the higher.
The rates showninthe other two column s shall be applicable to the other
person.
The above scale shall accord with that laid downby the Coun cil of the
European Communities each time remuneration is reviewed pursuant to Article
65 of the Staff Regulations of Officials of the Communities.
2. The period in respect of which the daily subsistence allowance is granted
shall be as follows:
(a) in the case of a staff member who is not entitled to household allowance:
120 days;
(b) in the case of a staff member who is entitled to household allowance: 180
days or if the staff member is required to serve a six-month probationary
period, that period plus one month.
In cases where a husband and wife employed by the Foundation are both
entitled to the daily subsistence allowance, the period in respect of which it is
granted as laid down in (b) shall apply to the person whose basic salary is the
higher. The period laid downin(a) shall apply to the other person .
In no case shall the daily subsistence allowance be granted beyond the date on
which the staff member removes inorder to satisfy the requiremen ts of Article
16 of the Conditions of Employment.1976R1860 — EN — 09.03.1982 — 003.001 — 30
▼B
3. The daily subsistence allowance provided for in paragraph 1 shall be
reduced by half during any period when the staff member receives the daily
subsistence allowance for staff on mission provided for in Article 18.
E.Missionexpenses
Article 18
1. A staff member travelling on mission and holding an appropriate travel
order shall be entitled to reimbursement of travel expenses and to daily subsis-
tence allowance in accordance with the following provisions.
2. The travel order shall state the probable durationof the mission , onthe
basis of which shall be calculated any advance which the staff member may
draw against subsistence allowance. Save where a special decision is taken, no
advance shall be payable where the mission is not expected to involve an
absence of more than 24 hours and is to be carried out in a country using the
same currency as that used in the place where the staff member is employed.
Article 19
1. Travel expenses for staff on mission shall cover the cost of rail transport
by the shortest route, first-class for staff in Categories A and B and second-class
for other staff.
Where an outward and return journey of 800 km or more is involved, staff in
categories C and D shall be entitled to reimbursement of the first-class rail fare
in respect of the foregoing expenses.
By decision of the director, staff in Categories C and D travelling on mission
involving an outward-and-return journey of less than 800 km shall be entitled
to reimbursement of the first-class rail fare when accompanying a member of
the Administrative Board, the director or a staff member who is travelling
first-class.
Travel expenses shall also include:
— the cost of seat reservations and transport of necessary luggage;
— supplements for special fast trains (reimbursed against production of special
tickets where these are issued);
— supplements for sleeping accommodation (reimbursed against production of
sleeper tickets) where the journey includes not less than six hours of night
travel between2200 an d 0700 hours:
— ina double sleeper;
— where the train does not have sleeping accommodation of this category,
reimbursement shall, with the consent of the director, correspond to the
category immediately above or to single sleeper if that is the only cate-
gory of sleeping accommodation available.
2. Staff may be authorized to travel by air. Insuch case reimbursemen t may
be made against production of tickets for the class immediately below
►M1luxury class or ◄first-class.
By decision of the director, staff accompanying a member of the Administrative
Board or the director ona givenmissionmay, onproductionof tickets, be reim-
bursed the cost of the journey in the same class as that used by the member or
the director.
Under the conditions laid down in the rules provided for in the second subpara-
graph of Article 12 (2) of Annex VII to the Staff Regulations of the European
Communities, staff who travel on mission under particularly tiring conditions
may, by decisionof the director, be reimbursed the cost of the journ ey inthe
class used, onproductionof tickets.
By special decisionof the director, staff may be authorized to take luggage in
excess of the free allowance.
3. For journeys by sea, the class of travel shall be determined in each case by
the director. Staff travelling by sea shall receive, instead of the daily subsistence
allowance provided for in Article 20, an allowance of Bfrs 225 per 24-hour
period of the journey.
4. A staff member may be authorized to use his owncar ona givenmission ,
provided that the duration of the mission is not thereby increased.
Reimbursement of travel expenses shall in that case be calculated on the stan-
dard basis prescribed inparagraph 1.
Inthe case of a staff member travellin g regularly onmissioninspecial circum-
stances, however, the director may decide to grant him an allowance per1976R1860 — EN — 09.03.1982 — 003.001 — 31
▼B
kilometre covered instead of reimbursement of rail fares, if the use of public
transport and reimbursement of travel expenses on the normal basis involve
definite disadvantages.
A staff member authorized to use his owncar shall remainfully liable for an y
accidents to his car or to third parties; he must be in possession of an insurance
policy covering civil liability up to an amount considered adequate by the
director.
Article 20
1. (a) The daily subsistence allowance for staff on mission shall be paid on the
following scale:
I
Categories
Aa ndBII
Categories
Ca ndD
Bfrs 1 320 Bfrs 1 220
(b) Inthe case of mission s outside the Europeanterritory of Member States
of the EuropeanCommun ities, the director may decide to apply other
rates.
2. The subsistence rates set out in columns I and II shall be reduced by Bfrs
330 and Bfrs 315 respectively for any day's absence on mission, reckoned in
accordance with paragraph 4, during which the staff member has incurred
sleeper costs reimbursable by the Foundation.
3. The same deductions shall be made where the staff member has not had to
spend the night away from the place where he is employed.
4. Subject to paragraphs 2 and 3, daily subsistence allowance for staff on
mission shall be calculated in accordance with the following rules:
(a) Missionof 24 hours or less:
— six hours or less: reimbursement of actual expenses up to a quarter of
the daily subsistence allowance;
— 12 hours or less, but more thansix hours: half the daily subsisten ce
allowance;
— 24 hours or less, but more than12 hours: a whole day's subsisten ce
allowance.
(b) Missionof more than24 hours:
— for each period of 24 hours: a whole day's subsistence allowance;
— for any further period of six hours or less: no subsistence allowance:— for any further period of 12 hours or less, but more than six hours: half
the daily subsistence allowance;
— for any further period of more than 12 hours: a whole day's subsistence
allowance.
5. The daily subsistence allowance for staff on mission shall be considered to
cover all expenditure incurred, including local travel at the place of mission,
save for the expenses mentioned below, which shall be reimbursed against
supporting documents:
(a) cost of telegrams and inland trunk or international telephone calls where
incurred for official purposes;
(b) entertainment expenses in cases covered by Article 21;
(c) exceptional expenditure necessarily incurred by the staff member for the
purposes of the mission, either on receipt of special instructions or on
account of force majeure and in the interests of the Foundation, and
resulting in disbursement out of reasonable proportion to the allowance
provided.
6. Where the missionis expected to last for at least four weeks inthe same
place and the staff member concerned has been so advised before departure,
subsistence rates may be reduced by one quarter.
Such reduction may be decided on during the course of the mission; in such
case it shall take effect not less than eight days after the staff member concerned
has been notified thereof, provided that there remain not less than four weeks of
mission to be completed, reckoned from the date of notification.
7. Where a staff member onmissionhas a meal or accommodationprovided
or reimbursed by one of the institutions of the European Communities or by a
national or international administration or organization, he shall declare it.1976R1860 — EN — 09.03.1982 — 003.001 — 32
▼B
His daily subsistence allowance shall be reduced by Bfrs 200 for each meal
provided, the allowances provided for in columns I and II shall be reduced by
Bfrs 450 and Bfrs 420 respectively for each day's accommodation provided.
Where a staff member onmissionhas all his meals an d accommodation
provided or reimbursed by one of the institutions of the European Communities
or by a national or international administration or organization, he shall receive
anallowan ce of Bfrs 225 for each period of 24 hours inplace of the daily
subsistence allowance for missions provided for above.
8. The rates indicated in paragraphs 1, 2 and 7 are increased by 10% when
the missionis to Paris, by 5% whenthe missionis to Brussels, Luxembourg or
Strasbourg and by 10% for staff of categories C and D when the mission is to
Strasbourg.
F.Fixedreimbursementofexpenses
Article 21
In the case of staff who, as a result of special instructions, occasionally incur
entertainment expenses for official purposes, the amount of the entertainment
allowance shall be determined in each instance on the basis of supporting docu-
ments and on terms to be laid down by the director.
Article 22
Staff employed in a place where housing conditions are recognized as being
particularly difficult may be paid a housing allowance.
The list of places for which the allowance may be granted, the maximum
amount of the allowance and the rules for granting it shall be determined by
the Council of the European Communities in accordance with the procedure
laid downinArticle 65 (3) of the Staff Regulation s of Officials of these
Communities.
Article 23
A staff member employed in a place where transport is recognized as being
particularly difficult and expensive because of the remoteness of housing from
the place of work may be paid a transport allowance.
The list of places for which the allowance may be granted, the maximum
amount of the allowance and the rules for granting it shall be determined by
the Council of the European Communities in accordance with the procedure
laid downinArticle 65 (3) of the Staff Regulation s of Officials of these
Communities.
Section5
Article 24
►M1The rates contained in Section 4 ◄shall be automatically adapted
whenever the corresponding rates contained in the Staff Regulations applicable
to officials of the EuropeanCommun ities are modified.
Section6
PAYMENT OF SUMS DUE
Article 25
1. Payment of remuneration to staff shall be made on the 15th day of each
month for the month then current. The amount of remuneration shall be rounded
off upwards to the next Belgian franc.
2. Where remuneration is not due in respect of a complete month, the amount
shall be divided into thirtieths, and
(a) where the actual number of days payable is 15 or less, the number of thirti-
eths due shall equal the actual number of days payable;
(b) where the actual number of days payable is more than 15, the number of
thirtieths due shall equal the difference between the actual number of days
not payable and 30.
3. Where entitlement to family allowances and expatriation allowance
commences after the date of entering the service, the staff member shall receive
these from the first day of the month in which such entitlement commences. On
cessation of such entitlement the staff member shall receive the sum due up to
the last day of the month in which entitlement ceases.1976R1860 — EN — 09.03.1982 — 003.001 — 33
▼B
Article 26
Payments shall be made to each staff member at the place and in the currency of
the country where he carries out his duties.
The provisions laid down in Article 17 (2), (3) and (4) of Annex VII to the Staff
Regulations of Officials of the European Communities shall apply by analogy.1976R1860 — EN — 09.03.1982 — 003.001 — 34
▼M2
ANNEX V
SICKNESS,ACCIDENTANDOCCUPATIONALDISEASEINSURANCE
Article 1
1. Staff of the Foundation and those persons satisfying the conditions laid
down in Article 38 (2), (3) and (4) of the Conditions of Employment of staff
of the Foundation shall be affiliated to the Joint Sickness Insurance Scheme of
the institutions of the European Communities.
2. The Rules on Sickness Insurance for officials of the European Commu-
nities shall apply to the abovementioned staff and persons and those entitledunder them.
Article 2
The Rules on insurance against the risk of accident and occupational disease for
officials of the European Communities shall apply to staff of the Foundation.
For the settlement of claims arising from those Rules for staff who have
sustained an accident or contracted an occupational disease, the Director of the
Foundation shall delegate his powers to the administrative authority responsible
for settling such claims in respect of accidents sustained or occupational
diseases contracted by officials of the European Communities.
The European Communities shall ensure payment to staff of the Foundation and
to those entitled under them of the benefits provided for under those Rules.1976R1860 — EN — 09.03.1982 — 003.001 — 35
▼M2
ANNEX VI
PENSIONSCHEME
CHAPTER I
GENERAL PROVISIONS
Article 1
Where the medical examination made before a staff member takes up his duties
shows that he is suffering from sickness or invalidity, the Director may, in so far
as risks arising from such sickness or invalidity are concerned, decide to admit
that staff member to guaranteed benefits in respect of invalidity or death only
after a period of five years from the date of his entering the service of the Foun-
dation.
CHAPTER II
RETIREMENT PENSION AND SEVERANCE GRANT
Section1
Retirementpension
Article 2
A retirement pension shall be payable on the basis of the total number of years
of pensionable service acquired by the staff member. Each year of service reck-
oned as provided for in Article 3 shall entitle him to one year of pensionable
service and each complete month to one-twelfth of a year of pensionable
service.
The maximum number of years of pensionable service which may be taken into
account for the calculation of retirement pension rights shall be 35.
Article 3
For the purpose of calculating years of pensionable service within the meaning
of the first paragraph of Article 2, the following shall be taken into account:
(a) the length of service as a staff member counted from ►C19 March
1982◄and time spent on leave for military service after that date,
provided that the person concerned has paid his share of the pension contri-
butioninrespect of such periods of service;
(b) the period taken into account for retirement, in accordance with Article 10
(2), provided that the actuarial equivalent or the sums repaid have been
paid, as stipulated inthat Article.
Article 4
A staff member who after leaving the service of the Foundation takes up active
employment again with the Foundation shall acquire further pension rights.
He may request that, for the purpose of calculating his retirement pension rights,
the whole of his period of service in the Foundation be taken into account,
subject to his repaying any sums paid to him pursuant to Article 11 or received
by him by way of retirement pension, plus compound interest at the rate of 3·5 %
per annum.
Where the staff member, being entitled to a retirement pension, does not repay
the sums referred to in the preceding paragraph, a capital sum representing the
actuarial equivalent of his retirement pension as at the date on which such
pension ceased to be paid to him, together with compound interest at the rate
of 3·5 % per annum, shall be paid to him in the form of a deferred retirement
pension payable at the age when he ceases to perform his duties.
Article 5
The minimum subsistence figure for the purpose of calculating pension benefits
shall correspond to the basic salary of a staff member in grade D 4, step one.1976R1860 — EN — 09.03.1982 — 003.001 — 36
▼M2
Article 6
The actuarial equivalent of the retirement pension shall not be less than the
amount which the staff member would have received if Article 11 had been
applied to him.
Where the actuarial equivalent of the retirement pension payable in accordance
with the preceding provisions is less than this amount, the staff member shall
receive a retirement pension the actuarial equivalent of which shall be equal to
the amount provided for in the first paragraph.
Article 7
‘Actuarial equivalent of the retirement pension’ means the capital value of the
benefits accruing to the staff member, calculated by reference to the latest
morality tables compiled by the budgetary authorities of the EuropeanCommu-
nities as referred to in Article 32, the rate of interest applicable being 3·5 % per
annum.
Article 8
A staff member leaving the service before reaching the age of 60 years may
request that his retirement pension:
— be deferred until the first day of the calendar month following that in which
he reaches the age of 60, or
— be paid immediately, provided that he is not less than 50 years of age. In
this case, the retirement pension shall be reduced by an amount calculated
by reference to the official's age when he starts to draw his pension, as
showninthe followin g table:
Pension payable on early retirement expressed in terms of the pension
payableonretirement attheageof60years
Early retirement age Coefficient
50 0·50 678
51 0·53 834
52 0·57 266
53 0·61 009
54 0·65 099
55 0·69 582
56 0·74 508
57 0·79 936
58 0·85 937
59 0·92 593
Article 9
The right to receive payment of retirement pension shall have effect from the
first day of the calendar month following that in which the staff member,
whether automatically or at his own request, becomes eligible for that pension.
Article 10
1. A staff member who leaves the service of the Foundation to enter the
service of a government administration or a national or international organiza-
tion which has concluded an agreement with the Foundation shall be entitled
to have the actuarial equivalent of his retirement pension rights in the Founda-
tion transferred to the pension fund of the administration or organization.
2. A staff member who enters the service of the Foundation after leaving the
service of a government administration or of a national or international organi-
zation or of an undertaking shall have the right, on completing the probationary
period laid down by Article 25 of the Conditions of Employment, to pay to the
Foundation either:
— the actuarial equivalent of retirement pension rights acquired by him in the
government administration, national or international organization or under-
taking, or
— the sums repaid to him from the pension fund of the government administra-
tion, organization or undertaking at the date of his leaving its service.
In such case the competent authority for the payment of pensions shall, taking
into account his grade on establishment, determine the number of years of
pensionable service with which he shall be credited under the current pension1976R1860 — EN — 09.03.1982 — 003.001 — 37
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scheme, on the basis of the amount of the actuarial equivalent or sums repaid as
aforesaid.
The optionreferred to inthe first subparagraph shall also be opento staff
members who entered the service before ►C19 March 1982 ◄, with regard
to pension rights corresponding to the period of their service with the Founda-
tion before that date. The number of years of pensionable service shall,
however, be determined on the basis of the grade and step held by the person
concerned on ►C19 March 1982 ◄.
Section2
Severancegrant
Article 11
1. A staff member aged less than60 years whose service termin ates other-
wise than by reason of death or invalidity and who is not entitled to a
retirement pension and cannot benefit from the provisions of Article 10 (1) shall
be entitled on leaving the service to payment of:
(a) the aggregate amount deducted from his basic salary in respect of his
pension contributions, plus compound interest at the rate of 3·5 % per
annum;
(b) provided that his contract of employment was not terminated pursuant to
Article 47 of the Conditions of Employment, a severance grant propor-
tionate to his actual length of service, calculated on the basis of one and a
half months for each year of service of the last basic salary before deduc-
tions. In cases covered by Article 10 (2), the period of former service shall
likewise be deemed to be actual service, to the extent of the number of
years of pensionable service credited to him in accordance with the second
subparagraph of Article 10 (2);
(c) the total sum paid to the Foundation, in accordance with Article 10 (2),
where that sum corresponds to periods before ►C19 March 1982 ◄,a nd
one-third of that sum for the periods after that date, plus compound interest
at the rate of 3·5 % per annum.
2. The amounts paid pursuant to Article 37 below shall be deducted from the
grant referred to in paragraph 1 (a), (b) and (c).
CHAPTER III
INVALIDITY PENSION
Article 12
Subject to the provisions of Article 1, a staff member aged less than 65 years
who at any time during the period in which he is acquiring pension rights is
recognized by the Invalidity Committee provided for in Annex I to be suffering
from total permanent invalidity and who is obliged on these grounds to end hisservice with the Foundation shall be entitled, for so long as such incapacity
persists, to invalidity pension as provided for in Article 41b of the Conditions
of Employment.
Invalidity pension and retirement pension shall not be paid concurrently.
Article 13
Entitlement to invalidity pension shall take effect on the day following that on
which the contract of employment of the staff member concerned was termi-
nated pursuant to Articles 45 and 46 of the Conditions of Employment.
Article 14
The Director may at any time require proof that the recipient of an invalidity
pension still satisfies the requirements for payment of the pension. Should the
Invalidity Committee find that the requirements are no longer satisfied, entitle-
ment to the pension shall cease.
If the person concerned is not reinstated in the service of the Foundation, he
shall receive the grant provided for in Article 11, calculated on the basis of the
period of service actually accomplished.
Article 15
Where a staff member who has been drawing invalidity pension is reinstated in
the Foundation, the time during which he received such pension shall be1976R1860 — EN — 09.03.1982 — 003.001 — 38
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included for the purpose of calculating his retirement pension, without payment
by him of arrears of contributions.
CHAPTER IV
SURVIVOR'S PENSION
Article 16
Where a staff member dies inservice or onleave for military service his widow
shall be entitled, provided that she has been married to him for at least one year
at the time of his death and subject to the provisions of Articles 1 and 21 here-
after, to a widow's pension equal to 35 % of the staff member's last basic
monthly salary, which shall not be less than the minimum subsistence figure
defined in Article 5.
The condition of duration of the marriage specified in the first paragraph shall
not be taken into account if there are one or more children of the marriage or of
a previous marriage of the staff member provided that the widow maintains or
has maintained those children, or if the staff member's death resulted either from
physcial disability or sickness contracted in the performance of his duties or
from accident.
Article 17
Where a former staff member was in receipt of retirement pension his widow
shall be entitled, provided that she had been married to him for at least one
year when he left the service of the Foundation, and subject to the provisions
of Article 21, to a widow's pension equal to 60 % of the retirement pension
which he was receiving at the time of his death. The minimum widow's pensionshall be 35 % of the staff member's last basic monthly salary and shall not be
less than the minimum subsistence figure defined in Article 5; the amount of the
widow's pension shall in no case, however, exceed the amount of the retirement
pension which her husband was receiving at the time of his death.
The Condition of duration of the marriage specified in the first paragraph shall
not be taken into account if there are one or more children of a marriage
contracted by the staff member before he left the service, provided that the
widow maintains or has maintained those children.
Article 18
The widow of a former staff member who left the service before reaching the
age of 60 years and requested that his retirement pension be deferred until the
first day of the calendar month following that during which he reached the age
of 60 years shall be entitled, provided that she had been married to him for at
least one year when he left the service of the Foundation, and subject to Article
21 to a widow's pension equal to 60 % of the retirement pension which would
have been payable to her husband at the age of 60 years. The minimum widow's
pension shall be 35 % of the staff member's last monthly basic salary; the
amount of the widow's pension shall in no case, however, exceed the amount
of the retirement pension to which the staff member would have been entitled
at the age of 60 years.
The condition of duration of the marriage specified in the first paragraph shall
not be taken into account if there are one or more children of a marriage
contracted by the staff member before he left the service, provided that the
widow maintains or has maintained those children.
Article 19
For the purpose of Articles 17 and 18, the condition of the duration of the
marriage shall not be taken into account where the marriage, though contracted
after termination of the official's service, has lasted at least five years.
Article 20
1. The orphan's pension provided for in Article 41d (1) of the Conditions of
Employment shall for the first orphan be equal to eight-tenths of the survivor's
pension to which the staff member's widow would have been entitled, the reduc-
tions set out in Article 25 of this Annex being disregarded.
It shall not be less than the minimum subsistence figure, as defined in Article 5,
subject to the provisions of Article 21.
2. The pension shall be increased, for each dependent child after the first, by
an amount equal to twice the dependent child allowance.1976R1860 — EN — 09.03.1982 — 003.001 — 39
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3. The total amount of pension and allowance calculated in this way shall be
divided equally among the orphans entitled.
Article 21
Where a staff member leaves a widow and also orphans of a previous marriage
or other persons entitled under him, the total pension, calculated as if for a
widow having all these persons dependent on her, shall be apportioned among
the various persons concerned in proportion to the pensions which would have
beenpayable to each category of them if treated separately.
Where a staff member leaves orphans of different marriages, the total pension,
calculated as though all the childrenwere of the same marriage, shall be appor-
tioned among the various persons concerned in proportion to the pensions which
would have beenpayable to each category of them if treated separately.
For the purposes of calculating this apportionment, dependent children within
the meaning of Article 7 of Annex IV, of a previous marriage of either spouse,
shall be included in the category of children of the marriage to the staff
member.
In the case envisaged in the second paragraph, ascendants who are recognized as
being dependants within the meaning of Article 7 (4) of Annex IV shall be
treated in the same way as dependent children and, for the purpose of calcu-
lating the apportionment, included in the category of descendants.
Article 22
By special decision of the authority referred to in Article 41h of the Conditions
of Employment, a pension calculated on the basis of Article 16 above may be
granted to the widower of a female member of staff, who dies in service,
provided he furnishes evidence that he has no income of his own and that at
his wife's death he was permanently incapacitated by invalidity or serious illness
from engaging in gainful employment.
Article 41e of the Conditions of Employment shall apply by analogy.Payment of the pension shall cease if the surviving husband remarries.
Article 23
Those entitled under a deceased member of staff, as defined in this chapter,
shall also receive the grant provided for under Article 11 above.
Where a member of staff dies leaving no survivors who qualify for a survivor's
pension, the heirs shall be entitled to receive the grant provided for under
Article 11.
However, amounts paid pursuant to Article 37 shall be deducted from the grant.
Article 24
The right to receive payment of survivor's pension shall take effect from the first
day of the calendar month following that in which the staff member died.
However, where the payment provided for in Article 36 of the conditions of
employment is made on the death of the Conditions of Employment is made
on the death pension, such right shall take effect on the first day of the fourth
month following that in which death occurred.
The right to receive payment of survivor's pension shall cease at the end of the
calendar month in which the recipient of the pension dies or ceases to satisfy the
requirements for payment of the pension.
Article 25
Where the difference in age between the deceased staff member and his
surviving spouse, less the length of time they have been married, is more than
10 years, the survivor's pension, calculated in accordance with the preceding
provisions, shall be subject to a reduction, per full year of difference, amounting
to:
— 1 % for the years between10 an d 20,
— 2 % for the years 20 up to but not including 25,
— 3 % for the years 25 up to but not including 30,
— 4 % for the years 30 up to but not including 35,— 5 % for the years from 35 upwards.1976R1860 — EN — 09.03.1982 — 003.001 — 40
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Article 26
A widow's entitlement to survivor's pension shall cease on remarriage. She shall
be entitled to immediate payment of a capital sum equal to twice the annual
amount of her survivor's pension, provided that the second paragraph of Article
41d (2) of the Conditions of Employment does not apply.
Article 27
The divorced wife of a staff member shall be entitled on his death to a survi-
vor's pension, as defined in this chapter, provided that the court which
pronounced the decree of divorce did not find that the divorced wife in question
was solely to blame. This entitlement shall cease if she remarries before her
former husband dies. The provisions of Article 26 shall apply if she remarries
after her former husband dies.
Article 28
Where a divorced staff member who has remarried leaves a widow entitled to
survivor's pension, that pension shall be divided, in proportion to the duration
of the marriages, between the divorced wife if she has not remarried and the
widow, if the court which pronounced the decree of divorce did not find that
the divorced wife was solely to blame. The amount to which the divorced wife
is entitled if she has not remarried shall not be more than the amount of the
maintenance awarded to her under the decree.
If any of the persons entitled to pension dies or renounces her share, her share
shall accrue to the shares of the other persons, except where there are orphans'
rights under Article 41d (2) of the Conditions of Employment.
Reduction s inrespect of differen ce inage, as provided for inArticle 25, shall be
applied separately to pensions divided in accordance with this Article.
Article 29
Where under Article 35 the divorced wife ceases to be entitled to a pension, the
total pension shall be payable to the widow, provided Article 41d (2) of the
Conditions of Employment does not apply.
CHAPTER V
FUNDING OF THE PENSION SCHEME
Article 30
Salaries shall in all cases be subject to deduction of the contributions to the
pension scheme provided for in Articles 41a to 41h of the Conditions of
Employment and in Annex VI hereto.
Article 31
Contributions properly deducted shall not be refunded. Contributions wrongly
deducted shall not confer the right to receive a pension; they shall be reimbursedwithout interest at the request of the staff member or of those entitled under
him.
Article 32
The mortality and invalidity tables and the assumed salary increases for use in
calculating the actuarial values provided for in this Annex shall be those
adopted by the budgetary authorities of the European Communities pursuant to
Article 39 of Annex VIII to the Staff Regulations of officials of those Commu-
nities.
SECTION 6
SETTLEMENT OF CLAIMS OF STAFF MEMBERS
Article 33
The Director of the Foundation having delegated his powers, the administrative
authority referred to in Article 41h of the Conditions of Employment shall be
responsible for settling claims to retirement, invalidity, survivor's or provisional
pension. A detailed statement of the settlement shall be communicated to the
staff member or to those entitled under him and to the Foundation at the same
time as the decision awarding the pension.1976R1860 — EN — 09.03.1982 — 003.001 — 41
▼M2
A retirement or invalidity pension shall not be paid concurrently with the salary
payable by the Foundation or by one of the institutions of the European
Communities.
The grant of a retirement, invalidity or survivor's pension shall not give entitle-
ment to the expatriation allowance.
Article 34
The amount of pension may at any time be calculated afresh if there has been
error or omission of any kind.
The pension shall be liable to modification or withdrawal if the award was
contrary to the provisions of the Conditions of Employment and of this Annex.
Article 35
Where a staff member dies and those entitled under him do not apply for their
pension within one year from the date of his death, they shall lose their entitle-
ment, save where force majeure is duly established.
Article 36
A staff member or those entitled under him in favour of whom benefits arise
under the pension scheme shall furnish such written proof as may be required
and inform the administrative authority referred to in Article 41h of the Condi-
tions of Employment of any facts liable to affect their entitlement.
Article 37
Under conditions to be established by the Commission of the European Commu-
nities, staff members may request the Foundation to make any payments
necessary to constitute or maintain their pension rights in their country of origin.
These payments shall not exceed 13·5 % of basic salary and shall be charged to
the budget of the Foundation.
CHAPTER VII
PAYMENT OF BENEFITS
Article 38
Benefits under the pension scheme shall be paid monthly in arrears.
Benefits shall be paid by the Commission of the European Communities out of
the general budget of the European Communities.
Beneficiaries may elect to have their pensions paid in the currency either of
their country of origin or of their country of residence or of the country where
the Foundation has its seat; their choice shall remain operative for at least two
years.
Where neither the country of origin nor the country of residence is a country of
the Communities, benefits shall be paid in the currency of the country where the
Foundation has its seat.
Article 39
Any sums due to the Foundation from staff members, at the date when a benefit
is payable under the pension scheme, shall be deducted from the amount of their
benefit or from the benefits payable to those entitled under them. The deduction
may be spread over a number of months.
Article 40
Where the invalidity or death of a staff member is caused by a third party, the
rights of action of the staff member or of those entitled under him against the
third party shall vest inthe EuropeanCommun ities withinthe limits of their
obligations under the pension scheme.1976R1860 — EN — 09.03.1982 — 003.001 — 42