WRITTEN QUESTION E-1846/02

by Guido Bodrato (PPE-DE) to the Commission

(28 June 2002)

Subject: Transfer of EU officials' pension rights 2 March 1978 agreement between the Commission and the INPS

On 2 March 1978 the Commission and the Italian state social-security body (INPS) concluded an agreement on the arrangements for the transfer to the Community pension scheme of the contributions paid into the Italian national insurance scheme by those newly recruited to the Commission. Under the agreement the individuals concerned had a period of six months from their date of establishment within which to submit an application for a transfer of such contributions.

Not all the officials concerned have taken advantage of this opportunity by submitting an appropriate application within the specified time limit, with the result that they are now unable to claim their pension rights for the periods during which they paid contributions prior to entering the service of the Community institutions.

Will the Commission say:

- whether, and under what terms and conditions, the time limits for the submission of applications for the transfer of pension rights are to be re-opened for the benefit of those who failed in the past to take the necessary action in order to regularise their situation;

- whether or not the 2 March 1978 Commission-INPS agreement also covers other Italian social-security bodies which administer other forms of compulsory insurance (ENPALS, INPGI, INPDAI, INPDAP); if it does not, do other, specific agreements exist for those bodies?

Answer given by Mr Kinnock on behalf of the Commission

(31 July 2002)

The relevant legislation is under Article 11(2) of Annex VIII to the Staff Regulations of officials of the European Communities (Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968, which lays down the Staff Regulations of officials and the conditions of employment of other servants of the Communities and instituting special measures temporarily applicable to officials of the Commission(1). This law makes the provision that, upon establishment, an official may request the transfer to the Community pension scheme of pension rights acquired before entry into service with a European institution.

Since the Staff Regulations are in the form of a Council Regulation, they are directly applicable in all Member States. It is therefore by not essential to conclude an agreement to confirm the obligations of the Member States in this matter. In practice, however, contacts between the Commission and the departments and bodies concerned in the Member States are necessary in order to co-ordinate all the administrative and procedural aspects. The Agreement of 2 March 1978 should be seen as part of that process.

Officials who do not submit a transfer request in the period laid down lose their entitlement to do so, and any rights which they might have remain with their national scheme which will in certain cases pay them a national pension provided they fulfil the conditions laid down by national legislation. There is no provision in the law for opening new deadlines.

The Staff Regulations provide for the transfer of rights from all Italian pension funds, for example, ENPALS and INPGI. For reasons peculiar to the Italian system, in the case of certain funds, such as INPDAI and INPDAP, the transfer is made via the Istituto Nazionale della Previdenza Sociale. There are similar mechanisms in a number of Member States and it is up to the national authorities to judge whether this is sensible and justified.

(1) OJ L 56, 4.3.1968.