EN Official Journal of the European Union C 250/7

Important information for pension organisations providing pension savings services (the ‘third pillar’)

(2008/C 250/04)

All public and private organisations providing supplementary pension services based on voluntary contributions should be aware of the opportunity provided by the amendment of Article 12 of Annex VIII to the Staff Regulations of Officials of the European Communities by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1) adopted by the Council on 22 March 2004.

Whereas, prior to this amendment, officials leaving a Community institution without entitlement to a retirement pension could receive the pension rights acquired while working at the Communities in the form of a ‘severance grant’, the new rules require them in most cases to apply to transfer their rights to their new pension scheme, or to a private insurance company or pension fund.

The above-mentioned Regulation also made other amendments to the Staff Regulations, including the establishment of a new category of non-permanent staff members, the contract staff.

Because of these two amendments, and given that the period of service of non-permanent staff members is in principle limited, a considerable number of former staff members are already looking for pension organisations that can take over and manage permanently the pension rights they acquired while working at the Communities.

Although, pursuant to Article 11(1) of Annex VIII to the Staff Regulations, these former non-permanent staff members can transfer such rights to the pension system(s) to which they are affiliated by virtue of their new professional activities following the end of their period of service at the Communities, it is sometimes difficult for them to do so. Moreover, the persons concerned are encountering considerable problems finding a private pension organisation which will guarantee the fulfilment of the four conditions ((i) to (iv)) listed under Article 12(1)(b) of Annex VIII to the Staff Regulations, which are as follows:

(i) the capital will not be repaid;

(ii) a monthly income will be paid from age 60 at the earliest, and age 65 at the latest;

(iii) provisions are included for reversion or survivors' pensions;

(iv) transfer to another insurance company or other fund will be authorised only if such fund fulfils the conditions laid down in points (i), (ii) and (iii).

One reason that could probably explain the problems former staff members are encountering is the fact that pension organisations are unfamiliar with the existence and potential implications of this particular provision in the Staff Regulations of Officials of the European Communities. It must be emphasised that, since the said Staff Regulations are, as mentioned above, laid down by a Council Regulation, they are directly applicable in all Member States without any need for national legislation.

To make it easier for its (former) staff members to find an organisation to administer the pension rights they acquired while working at the Communities, the Commission would like to draw up a list of the pension organisations interested in offering them pension savings scheme, which satisfy the above-mentioned conditions.

For your information, at 1 September 2008, the Commission counted over 1 500 pension rights dossiers waiting to be transferred to a pension organisation, with the average amount to be transferred calculated at approximately EUR 18 000. Moreover, the number of staff members leaving all the Community institutions each year who must transfer the pension rights acquired there is around 900.

Pension organisations interested in appearing on the list, which will be made available, for information purposes, to former staff members of the European Communities, must submit a dossier to the European Commission comprising the following:

— an official statement certifying that they undertake to comply with the four conditions ((i) to (iv)) laid down in Article 12(1)(b) of Annex VIII to the Staff Regulations of Officials of the European Communities with respect to all amounts representing pension rights transferred in this context, and also to facilitate the exercise of the right of supervision by the competent Community authorities in this connection,

— a copy of the authorisation issued by the national authorities responsible for financial supervision to which the pension organisation is accountable,

— a copy of the standard contract used to prepare individual contracts designed specifically for the permanent management of the amounts transferred pursuant to Article 12(1)(b) of Annex VIII to the Staff Regulations of Officials of the European Communities,

— a clear description of any conditions applicable in terms of the residence of the former staff member (and any dependants/heirs) valid at the time the contract is entered into and/or at the time of payment.

The application should be sent to the following address:

Commission européenne PMO 4 — secteur 3 Bureau 6/43 B-1049 Bruxelles

Any requests for additional information should also be sent to this address.

Annex: copy of Articles 11 and 12 of Annex VIII to the Staff Regulations of Officials of the European Communities.