Keywords

Summary



Keywords

1 . OFFICIALS - EQUALITY OF TREATMENT - EXCLUSIVE ENJOYMENT BY CERTAIN CATEGORIES OF STAFF OF GUARANTEES UNDER THE STAFF REGULATIONS AND SOCIAL SECURITY BENEFITS - DISCRIMINATION - NONE

2 . OFFICIALS - PENSIONS - CALCULATION OF YEARS OF SERVICE - FORMER ESTABLISHMENT STAFF TRANSFERRED TO THE CATEGORY OF TEMPORARY STAFF - ACCOUNT TAKEN ONLY OF YEARS OF SERVICE COMPLETED AS TEMPORARY STAFF - LAWFULNESS

( COUNCIL REGULATION NO 2615/76 , ART . 2 ( 4 ), SECOND PARA .)

3 . OFFICIALS - PENSIONS - PENSION RIGHTS ACQUIRED BEFORE ENTRY INTO THE SERVICE OF THE COMMUNITIES - TRANSFER TO THE COMMUNITY SCHEME - CONDITIONS

( STAFF REGULATIONS , ANNEX VIII , ART . 11 ( 2 ))

Summary

1 . IT IS NOT POSSIBLE TO QUESTION THE DIFFERENCES IN STATUS BETWEEN THE VARIOUS CATEGORIES OF PERSONS EMPLOYED BY THE COMMUNITIES , WHETHER AS OFFICIALS PROPERLY SO CALLED OR IN THE VARIOUS CATEGORIES OF STAFF COVERED BY THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS . EACH OF THOSE CATEGORIES IS DEFINED IN ACCORDANCE WITH THE LEGITIMATE REQUIREMENTS OF THE COMMUNITY ADMINISTRATION AND THE NATURE OF THE PERMANENT OR TEMPORARY TASKS WHICH IT HAS TO PERFORM . THE FACT THAT SOME CATEGORIES OF PERSONS EMPLOYED BY THE COMMUNITIES MAY ENJOY GUARANTEES UNDER THE STAFF REGULATIONS AND SOCIAL SECURITY BENEFITS WHICH ARE NOT GIVEN TO OTHER CATEGORIES CANNOT , THEREFORE , BE REGARDED AS DISCRIMINATION .

2 . IN PROVIDING THAT THE NUMBER OF YEARS OF SERVICE AS ESTABLISHMENT STAFF IS NOT TAKEN INTO ACCOUNT IN CALCULATING THE YEARS OF PENSIONABLE SERVICE FOR THE PURPOSES OF DETERMINING THE AMOUNT OF THEIR COMMUNITY PENSION WITHIN THE MEANING OF ARTICLE 2 OF ANNEX VIII TO THE STAFF REGULATIONS , THE SECOND PARAGRAPH OF ARTICLE 2 ( 4 ) OF REGULATION NO 2615/76 DOES NOT TAKE AWAY ANY RIGHT OF FORMER ESTABLISHMENT STAFF WHO ARE TRANSFERRED INTO THE CATEGORY OF TEMPORARY STAFF . IT IS INTENDED ONLY TO SPECIFY WHAT IS ALREADY A CONSEQUENCE OF ARTICLE 39 ( 2 ) OF THE CONDITIONS OF EMPLOYMENT , WHICH IS , MOREOVER , IN ACCORDANCE WITH THE GENERAL PRINCIPLES GOVERNING THE TEMPORAL EFFECT OF LAWS .

3 . THE ONLY MACHINERY COMPATIBLE WITH SOUND FINANCIAL MANAGEMENT OF THE COMMUNITY PENSION SCHEME IN THE EVENT OF RETROACTIVE RECOGNITION OF PERIODS OF INSURANCE COMPLETED UNDER A NATIONAL PENSION SCHEME IS THE APPLICATION OF ARTICLE 11 OF ANNEX VIII TO THE STAFF REGULATIONS WHICH ALLOWS THE TRANSFER OF THE ACTUARIAL EQUIVALENT IN ORDER TO COVER THE LIABILITIES ASSUMED BY THE COMMUNITY SCHEME FOR PERIODS IN RESPECT OF WHICH IT PREVIOUSLY HAD NO RESPONSIBILITY .

SINCE THE ESTABLISHMENT OF THE ACTU- ARIAL EQUIVALENT BY THE ORIGINAL SOCIAL SECURITY INSTITUTION AND ITS REASSESSMENT ON THE BASIS OF THE RULES APPLICABLE UNDER THE COMMUNITY PENSION SCHEME ARE BASED ON DIFFERENT PARTICULARS AND CONSIDERATIONS REGARDING THE HISTORY OF THOSE CONCERNED , THEIR FUTURE PROSPECTS , THE AMOUNT OF CONTRIBUTIONS AND THE NATURE AND THE AMOUNT OF BENEFITS , IT DOES NOT SEEM ABNORMAL THAT THE DETERMINATION OF THE YEARS OF PENSIONABLE SERVICE TO BE TAKEN INTO ACCOUNT FOR THE COMMUNITY PENSION LEADS TO A DIFFERENT FIGURE FROM THE YEARS OF PENSIONABLE SERVICE TAKEN INTO ACCOUNT BY THE NATIONAL INSTITUTION .