TO THE STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES ASKING WHETHER THE AMOUNT OF THE CONTRIBUTIONS ( THOSE OF THE EMPLOYER AND THOSE OF THE INSURED PERSON ) ACTUALLY PAID TO A NATIONAL PENSION SCHEME ( CONTRIBUTORY SCHEME ) OR NOTIONALLY CALCULATED ( NON-CONTRIBUTORY SCHEME ) OR BOTH , TOGETHER WITH INTEREST CALCULATED AT THE RATE OF 4% PER ANNUM FROM 31 DECEMBER OF EACH YEAR OF AFFILIATION CAN CONSTITUTE , WITHIN THE MEANING OF THE ABOVE-MENTIONED PROVISION , EITHER THE ACTUARIAL EQUIVALENT OF RETIREMENT PENSION RIGHTS ACQUIRED IN THE ORGANIZATION TO WHICH HE BELONGED OR THE SUMS TO BE REPAID BY THE PENSION FUND OF THAT ORGANIZATION AT THE DATE OF HIS DEPARTURE .
2 THAT QUESTION WAS RAISED IN THE COURSE OF A DISPUTE BETWEEN THE CAISSE DE PENSION DES EMPLOYES PRIVES ( PENSION FUND FOR CLERICAL STAFF IN THE PRIVATE SECTOR ), LUXEMBOURG , HEREINAFTER REFERRED TO AS ' ' THE FUND ' ' , AND LEON BODSON WHO , AFTER BEING ENGAGED IN THE PRIVATE SECTOR AS A CLERK IN LUXEMBOURG , BECAME AN OFFICIAL OF THE EUROPEAN PARLIAMENT AND REQUESTED THE FUND TO TRANSFER TO THE COMMUNITY PENSION SCHEME THE ACTUARIAL EQUIVALENT OF HIS RETIREMENT PENSION RIGHTS ACQUIRED UNDER THE NATIONAL INSURANCE SCHEME .
3 THE FUND REFUSED AND MR BODSON THEN BROUGHT THE MATTER BEFORE THE CONSEIL ARBITRAL DES ASSURANCES SOCIALES ( ARBITRAL COUNCIL OF SOCIAL INSURANCE ), HEREINAFTER REFERRED TO AS ' ' THE ARBITRAL COUNCIL ' ' , WHICH ALSO REJECTED HIS APPLICATION . MR BODSON THEREUPON APPEALED TO THE CONSEIL SUPERIEUR DES ASSURANCES SOCIALES ( SUPREME COUNCIL OF SOCIAL INSURANCE ), HEREINAFTER REFERRED TO AS ' ' THE SUPREME COUNCIL ' ' , WHICH , BY A DECISION OF 1 DECEMBER 1977 , RECOGNIZED HIS RIGHT TO THE TRANSFER OF THE ACTUARIAL EQUIVALENT WHICH HE HAD REQUESTED , ON THE GROUND THAT IT WAS FOR THE PERSON CONCERNED TO EXERCISE THE CHOICE MADE AVAILABLE TO HIM BY ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS OF OFFICIALS .
4 BY A DECISION OF 17 JULY 1979 THE FUND DETERMINED THE AMOUNT OF THE ACQUIRED PENSION RIGHTS TO BE TRANSFERRED , APPLYING THE SYSTEM LAID DOWN BY ARTICLE 18 OF THE LUXEMBOURG LAW OF 19 DECEMBER 1963 ON THE COORDINATION OF PENSION SCHEMES , AS AMENDED BY THE LAW OF 14 MARCH 1979 , WHICH PROVIDES THAT COMMUNITY AND INTERNATIONAL OFFICIALS MAY TRANSFER AN AMOUNT CORRESPONDING TO THE SUM OF CONTRIBUTIONS PAID BY BOTH THE PERSON INSURED AND THE EMPLOYER , PLUS INTEREST OF 4% PER ANNUM FROM 31 DECEMBER OF EACH YEAR OF AFFILIATION , THE CONCEPT OF ' ' ACTUARIAL EQUIVALENT OF RETIREMENT PENSION RIGHTS ' ' BEING UNKNOWN TO LUXEMBOURG LEGISLATION .
5 THAT DECISION WAS QUASHED BY THE ARBITRAL COUNCIL BY JUDGMENT OF 28 NOVEMBER 1979 , UPON APPLICATION BY MR BODSON , ON THE GROUND THAT IT WAS CONTRARY TO THE JUDGMENT OF THE SUPREME COUNCIL OF 1 DECEMBER 1977 . SUBSEQUENTLY