EQUIVALENT SINCE THE LATTER METHOD OF CALCULATION IS APPLIED AS A RULE WHILST THE FIRST METHOD HAS ONLY A SUBSIDIARY FUNCTION . ONLY THE TRANSFER OF THE ACTUARIAL EQUIVALENT ENSURES THAT AN OFFICIAL CAN TRANSFER TO THE COMMUNITY SCHEME ALL THE RIGHTS HE HAS ACQUIRED UNDER A NATIONAL PENSION SCHEME .
9 THE COMMISSION POINTS OUT, IN THE SECOND PLACE, THAT THE NATIONAL LEGISLATION IN QUESTION PLACES PERSONS INSURED IN LUXEMBOURG WHO ENTER THE COMMUNITY ADMINISTRATION AFTER BEING AFFILIATED TO A CONTRIBUTORY SCHEME AT A DISADVANTAGE IN RELATION TO INSURED PERSONS WHO ENTER THE LUXEMBOURG CIVIL SERVICE SINCE THE NATIONAL LEGISLATION PERMITS, IN THE LATTER CASE, THE RIGHTS ACQUIRED UNDER THE CONTRIBUTORY SCHEME TO BE MAINTAINED AND THE CAREER TO BE RE-ESTABLISHED IN THE NEW EMPLOYMENT .
10 THE COMMISSION CONTENDS THAT FOR ANY PENSION RIGHT, WHETHER VESTED OR CONTINGENT, THERE IS AN ACTUARIAL EQUIVALENT WHICH IS CAPABLE OF BEING CALCULATED UNDER ANY PENSION SCHEME . THE ACTUARIAL EQUIVALENT IS THE SOLE METHOD OF TRANSFER IN THE FIELD OF PENSIONS WHICH MAKES IT POSSIBLE, WHATEVER THE SPECIFIC FEATURES OF A SOCIAL SECURITY SCHEME, TO MAINTAIN IN FULL THE RIGHTS ACQUIRED UNDER ANOTHER SCHEME .
11 ACCORDING TO THE COMMISSION, THE IMPOSSIBILITY OF TRANSFERRING THE ACTUARIAL EQUIVALENT COULD HAVE A DETERRENT EFFECT ON THE RECRUITMENT BY THE COMMUNITY INSTITUTIONS OF OFFICIALS AFFILIATED TO NATIONAL PENSION SCHEMES WHICH DO NOT PROVIDE FOR THAT METHOD OF CALCULATION . SUCH A CONSEQUENCE WOULD BE CONTRARY TO THE PURPOSE OF ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS AND WOULD LEAD TO UNEQUAL TREATMENT OF COMMUNITY OFFICIALS .
12 FINALLY, THE COMMISSION CONSIDERS THAT THE TRANSFER OF THE SUMS REPAID, AS PROVIDED FOR BY THE LUXEMBOURG LEGISLATION, DOES NOT TAKE INTO ACCOUNT THE CONTRIBUTIONS PAID BY THE STATE . HENCE THAT METHOD OF TRANSFER DOES NOT CORRESPOND TO THE RIGHTS ACQUIRED, AND OPERATES TO THE DETRIMENT OF INSURED PERSONS AFFILIATED TO THE CONTRIBUTORY SCHEME .
13 THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG CONSIDERS THAT THE OPTION CONFERRED ON COMMUNITY OFFICIALS BY ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS IS CONFINED TO THE POSSIBILITY OF TRANSFERRING OR NOT TRANSFERRING PENSION RIGHTS ACQUIRED UNDER A NATIONAL SCHEME . IN ITS VIEW, THAT PROVISION DOES NOT GUARANTEE OFFICIALS A CHOICE BETWEEN THE TWO METHODS OF TRANSFER FOR WHICH IT PROVIDES .
14 THE LUXEMBOURG GOVERNMENT CONTENDS, IN ADDITION, THAT THE POSSIBILITY OF OPTING FOR THE ACTUARIAL EQUIVALENT WAS NEVER AVAILABLE TO INSURED PERSONS AFFILIATED TO THE CONTRIBUTORY SCHEME . LUXEMBOURG LAW MAKES NO PROVISION FOR THE POSSIBILITY OF TRANSFERRING PENSION RIGHTS ACQUIRED UNDER A CONTRIBUTORY SCHEME ON THE BASIS OF THE ACTUARIAL EQUIVALENT, WHICH IS INCOMPATIBLE WITH THAT SCHEME .
15 THE FRENCH GOVERNMENT AND THE UNITED KINGDOM ALSO CONSIDER THAT THE COMMISSION' S ARGUMENTS TAKE NO ACCOUNT OF THE DIFFERENCES BETWEEN NATIONAL PENSION SCHEMES SINCE THE SPECIFIC FEATURES OF CERTAIN SOCIAL SECURITY SYSTEMS RENDER THE CONCEPT OF ACTUARIAL EQUIVALENT INOPERATIVE . IN THE CASE OF PENSION