CELEX: 51984PC0214
Language: en
Date: 1984-04-06
Title: PROPOSAL FOR A COUNCIL REGULATION ( EURATOM, ECSC, EEC ) INTRODUCING SPECIAL AND TEMPORARY MEASURES TO TERMINATE THE SERVICE OF CERTAIN OFFICIALS IN THE SCIENTIFIC AND TECHNICAL SERVICES OF THE EUROPEAN COMMUNITIES

No C 176/4                              Official Journal of the European Communities                                  5. 7. 84
                                                               II
                                                       (Preparatory Acts)
                                                 COMMISSION
               Proposal for a Council Regulation introducing special and temporary measures to
               terminate the service of certain officials in the scientific and technical services of the
                                                    European Communities
                                                      COM(84) 214 final
                               (Submitted by the Commission to the Council on 13 April 1984)
                                                        (84/C 176/04)
THE COUNCIL OF THE EUROPEAN                                        2.    The number of officials to whom the measures
COMMUNITIES,                                                       are to be applied shall not exceed 120.
Having regard to the Treaty establishing a single
Council and a single Commission of the European                                             Article 2
Communities, and in particular Article 24 thereof,
                                                                   After consulting the Joint Committee, the Com-
                                                                   mission shall:
Having regard to the proposal from the Commission
made after consulting the Staff                  Regulations
Committee,                                                         (a) draw up the list of Grade A 3 or A 4 officials,
                                                                       aged 50 or over, exercising responsibility for the
                                                                       conduct of scientific programmes or performing
Having regard to the opinion of the                European            manangement tasks, to whom the measures
Parliament,                                                            referred to in Article 1 are to be applied. To this
                                                                       end it shall:
Having regard to the opinion of the Court of Justice,                  — give priority, showing due regard to the
                                                                           interests of the service, to those officials who
                                                                           request application of these measures,
Whereas, given the need to renew the potential and
structure of the Joint Research Centre and recruit                     — and, in all cases, take account of the age,
young scientific and technical staff, special and                          ability, efficiency, conduct in the service,
temporary termination of service measures, valid until                     marital status and seniority of officials and,
31 December 1985, should be adopted; whereas these                         where appropriate, of the arduous nature of
measures should be confined to A, B and C category                         certain duties they have to perform;
officials in the scientific and technical services,
                                                                   (b) draw up the list of Grade A 7, A 6, A 5 and
                                                                       Category B and C officials aged 55 years or over
HAS ADOPTED THIS REGULATION:
                                                                       who request application of these measures, giving
                                                                       priority to officials who have reached the final
                           Article 1                                   step of their grade and taking account of the
                                                                       criteria set out in the second indent of subpara-
1.     In the interests of the service, and in order to                graph (a).
take account of the adjustment of skills required by
the new structure of the Joint Research Centre, the
Commission is hereby authorized until 31 December
                                                                                            Article 3
1985 to adopt, within the meaning of Article 47 of
the Staff Regulations and on the conditions set out in             1.    A former official affected by the measures
this Regulation, measures terminating the service of               provided for in Article 1 shall be entitled to a monthly
officials in the scientific and technical services who             allowance equal to 70 % of the basic salary for the
are in active employment or on secondment, who are                 grade and step held at the time of departure,
paid from research and investment appropriations and               determined by reference to the table set out in Article
who are included in the list of posts of the Joint                 66 of the Staff Regulations in force on the first day of
Research Centre.                                                   the month for which the allowance is payable.
 ---pagebreak--- 5.7.84                               Official Journal of the European Communities                              N o C 176/5
2.    Entitlement to the allowance shall cease not              scheme provided for in Article 72 of the Staff Regu-
later than the last day of the month in which the               lations, provided they pay the relevant contribution,
former official attains the age of 65 and in any event          calculated on the basis of the allowance provided for
as soon as the former official is eligible for the              in paragraph 1, and are not covered by another
maximum retirement pension.                                     sickness insurance by virtue of legal or regulatory
                                                                provisions.
At that point the former official shall automatically
receive a retirement pension, which shall take effect
on the first day of the calendar month following the
                                                                7.     During the period for which he is entitled to
month in which the allowance was paid for the last
                                                                receive the allowance, the former official shall
time.
                                                                continue to acquire further rights to retirement
                                                                pension based on the salary attaching to his grade
3.    The allowance provided for in pragraph 1 shall            and step, provided that the contribution provided for
be adjusted by the weighting fixed for the country              in the Staff Regulations by reference to that salary is
inside or outside the Communities in which the                  paid during that period and provided that the total
recipient proves that he is resident. If the recipient of       pension does not exceed the maximum specified in
the allowance resides in a country for which no                 the second paragraph of Article 11 of the Staff Regu-
weighting has been fixed, the weighting to be applied           lations. For the purposes of Article 5 of Annex VIII
to the allowance shall be equal to 100.                         to the Staff Regulations and Article 108 of the former
                                                                Rules and Regulations of the European Coal and
The allowance shall be expressed in Belgian francs. It          Steel Community, such period shall be considered to
shall be paid in the currency of the country of                 be a period of service.
residence of the recipient. However, if it is subject to
the weighting of 100 under the second subparagraph
it shall be paid in Belgian francs.
                                                                8.     Subject to Articles 1 (1) and 22 of Annex VIII
The allowance paid in a currency other than the                 to the Staff Regulations, the surviving spouse of a
Belgian franc shall be calculated on the basis of the           former official who dies while in receipt of the
exchange rates specified in the second paragraph of             monthly allowance provided for in paragraph 1 shall
Article 63 of the Staff Regulations.                            be entitled, provided that he or she had been his or
                                                                her spouse for at least one year when the former
4.     Gross income accruing to the former official             official left the service of an institution, to a survivor's
concerned from any new employment shall be                      pension equal to 60 % of the retirement pension
deducted from the allowance provided for in                     which, irrespective of length of service and age,
paragraph 1, in so far as that income plus that                 would have been payable to the former official if he
allowance exceeds the total gross remuneration last             had qualified for it at the time of death.
received by the official, determined by reference to
the salary scales in force on the first day of the month
for which the allowance is payable. That remun-                 The amount of the survivor's pension referred to in
eration shall be weighted as provided for in para-              the previous subparagraph shall not be less than the
graph 3.                                                        amounts specified in the second paragraph of Article
                                                                79 of the Staff Regulations. However, in no case may
Gross income and total gross remuneration last                  it exceed the amount of the first payment of
 received, as referred to above, mean sums paid after           retirement pension to which the former official would
deduction of social security contributions but before           have been entitled had he survived and been granted
 deduction of tax.                                               a retirement pension when he ceased to be eligible for
                                                                 the allowance provided for in paragraph 1.
The former official concerned shall provide any
 written proof which may be required and shall notify
 the Institution of any factor, which may affect his
                                                                The duration of the marriage referred to in the first
 right to the allowance.
                                                                 subparagraph shall not be taken into account if there
 5.    Under the conditions set out in Article 67 of the         are one or more children of a marriage contracted by
 Staff Regulations and Articles 1, 2 and 3 of Annex              the official before he or she left the service provided
 VII to the Staff Regulations, family allowances shall           that the surviving spouse maintains or has maintained
 be payable to recipients of the allowance provided for          those children.
 in paragraph 1; the household allowance shall be
 calculated by reference to that allowance.
                                                                 The same shall apply if the former official's death
 6.    Recipients of the allowance shall be entitled, in         resulted from one of the circumstances referred to at
 respect of themselves and persons covered by their              the end of the second paragraph of Article 17 of
 insurance, to benefit under the sickness insurance              Annex VIII to the Staff Regulations.
 ---pagebreak--- No C 176/6                          Official Journal of the European Communities                                5.7.84
9.     On the death of a former official in receipt of         who has remained in service until the age of 65
the allowance provided for in paragraph 1, dependent           provided he continues to pay the contribution during
children within the meaning of Article 2 of Annex VII          the period of receipt of the allowance referred to in
to the Staff Regulations shall be entitled to an               paragraph 1.
orphan's pension under the conditions set out in the
first, second and third paragraphs of Article 80 of the
                                                                                        Article 4
Staff Regulations and in Article 21 of Annex VIII to
the Staff Regulations.                                         This Regulation shall enter into lorce on the day
10.     For the purposes of Article 107 of the Staff           following its publication in the Official Journal of the
Regulations and of Article 102 (2) of the Staff Regu-          European Communities.
lations of officials of the European Coal and Steel
Community, an official affected by the measure                 This Regulation shall be binding in its entirety and
referred to in Article 1 shall be treated as an official       directly applicable in all Member States.