CELEX: 51992PC0299
Language: en
Date: 1992-07-30
Title: Proposal for a COUNCIL REGULATION (EEC) introducing special termination-of-service measures temporarily applicable to certain officials of the European Communities paid from the research and investment appropriations

2 . 9 . 92                             Official Journal of the European Communities                               No C 226 / 3
                                                                II
                                                        (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Regulation (EEC) introducing special termination-of-service measures
              temporarily applicable to certain officials of the European Communities paid from the research
                                                and investment appropriations
                                                         (92/C 226/03)
                                                      CQM(92) 299 final
                                      (Submitted by the Commission on 30 July 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas, in order fully to attain the desired effec­
                                                                    tiveness, these special measures taken in the interests of
                                                                    the service must apply to category A, B and C officials
                                                                    whose advisory and management responsibilities and/or
Having regard to the Treaty establishing a Single                   supervisory duties are of particular importance for the
Council and a Single Commission of the European                     implementation of research programmes ;
Communities, and in particular Article 24 thereof,
Having regard to the proposal from the Commission,                  Whereas in view of the object of the exercise and of the
made after consulting the Staff Regulations Committee,              distribution of staff in these categories in terms of age
                                                                    and seniority in the service it seems appropriate to apply
                                                                    these special measures only to grade A3, A 4, A 5, B 1 ,
                                                                    B 2 and C 1 officials aged 55 and over and with at least
Having regard to the opinion of the European                        30 years' seniority in the service ;
Parliament,
                                                                    Whereas in this context application of the termination­
Having regard to the opinion of the Court of Justice,               of-service measures will nevertheless be subject to the
                                                                    desire of the officials to leave the service,
Whereas the future activities and the specific research
programmes of the Joint Research Centre will be                     HAS ADOPTED THIS REGULATION :
performed in a competitive environment and call for the
Centre to reduce the average age of its staff and to
acquire adequate skills ;
                                                                                              Article 1
Whereas the number of retirements scheduled up to 1994              1.    In the interests of the service, the Commission is
is insufficient to ensure the new skills sought; whereas            authorized, until 31 December 1993 , to adopt, pursuant
special temporary termination-of-service measures must              to Article 47 of the Staff Regulations of Officials of the
be taken to bring overall staff skills closer into line with        European Communities, hereinafter referred to as 'the
the demands of the research programmes conducted by                 Staff Regulations', and on the conditions set out in this
the JRC ;                                                           Regulation, measures terminating the service of officials
                                                                    in active employment or on secondment, paid from the
                                                                    research and investment appropriations and included in
                                                                    the establishment plan of the Joint Research Centre.
Whereas     these  measures    were    announced     in   the
Commission's proposals concerning the activities to be
undertaken by the JRC in 1992 to 1994, on which the
Council adopted one resolution and three Decisions on               2.    The number of officials to whom these measures
29 April 1992 ;                                                     may be applied shall not exceed 75 .
 ---pagebreak---   No C 226 / 4                           Official Journal of the European Communities                                    2 . 9 . 92
                            Article 2                                Allowances paid in a currency other than the Belgian
                                                                     franc shall be calculated on the basis of the exchange
 After consulting the Joint Committee, the Commission                rates specified in the second paragraph of Article 63 of
  shall draw up the list of grade A 3 , A 4, A 5 , B 1 , B 2 and     the Staff Regulations.
  C 1 officials aged 55 and over and with at least 30 years'
  service who are affected by the measures referred to in
 Article 1 . To this end, it shall take into consideration, in      4 . Gross income accruing to the former official from
  so far as the interests of the service permit :                    any new employment shall be deducted from the
                                                                    allowance provided for in paragraph 1 , in so far as that
                                                                    income plus that allowance exceeds the total gross
 — exclusively the officials who have requested the                 remuneration last received by the official, determined by
      application of these measures,                                reference to the salary scales in force on the first day of
                                                                    the month for which the allowance is payable. That
                                                                    remuneration shall be weighted as provided for in
 — and the age, competence, performance, conduct                    paragraph 3 .
      within the service, family situation and seniority of
      the abovementioned officials as well as, where appro­
      priate, the irksome nature of certain tasks linked to         Gross income and total gross remuneration last received,
      the duties carried out.                                       as referred to above, mean sums paid after deduction of
                                                                    social security contributions but before deduction of tax.
                            Article 3                               The former official concerned shall provide any written
                                                                    proof which may be required and shall notify the
 1 . A former official affected by the measure provided             institution of any factor which may affect his right to the
 for in Article 1 shall be entitled to a monthly allowance          allowance .
 equal to 70 % of the basic salary for the grade and step
 held at the time of departure, determined by reference to
 the table set out in Article 66 of the Staff Regulations in        5.    Under the conditions set out in Article 67 of the
 force on the first day of the month for which the                  Staff Regulations and Articles 1 , 2 and 3 of Annex VII
 allowance is payable.                                             to the Staff Regulations, family allowance shall be
                                                                   payable either to the recipient of the allowances provided
                                                                   for in paragraph 1 or in his name and on his behalf to
 2.     Entitlement to the allowance shall cease not later         the person or persons to whom custody of the child or
than the last day of the month in which the former                 children has been entrusted by law or by an order of
official attains the age of 65 and in any event is eligible        court or of the competent administrative authority; the
for the maximum retirement pension.                                household allowance shall be calculated by reference to
                                                                   that allowance .
At that point the former official shall automatically
receive a retirement pension, which shall take effect on           6.     Recipients of the allowance shall be entitled, in
the first day of the calendar month following the month            respect of themselves and persons covered by their
in which the allowance was paid for the last time.                 insurance, to benefit under the sickness insurance scheme
                                                                   provided for in Article 72 of the Staff Regulations
                                                                   provided they pay the relevant contribution calculated on
                                                                   the basis of the allowance provided for in paragraph 1
3 . The allowance provided for in paragraph 1 shall be             and are not covered by another sickness insurance by
weighted at the rate fixed in accordance with the second           virtue of legal or statutory provisions.
subparagraph of Article 82 ( 1 ) of the Staff Regulations
for the country situated inside or outside the Community
where the recipient proves he has his residence.                   7.     During the period for which he is entitled to
                                                                   receive the allowance, the former official shall continue
                                                                   to acquire further rights to retirement pension based on
If the recipient of the allowance establishes his residence        the salary attaching to his grade and step, provided that
in a country outside the Community, the weighting of               the contribution provided for in the Staff Regulations by
100 shall be applied.                                              reference to that salary is paid during that period and
                                                                   provided that the total pension does not exceed the
                                                                   maximum specified in the second paragraph of Article 77
The allowance shall be expressed in Belgian francs . It            of the Staff Regulations. For the purposes of Article 5 of
shall be paid in the currency of the country of residence         Annex VIII to the Staff Regulations and Article 108 of
of the recipient. However, if it is subject to the weighting       the former Rules and Regulations of the European Coal
of 100 under the previous subparagraph, it shall be paid           and Steel Community, such period shall be considered to
in Belgian francs.                                                 be a period of service .
 ---pagebreak--- 2 . 9 . 92                              Official Journal of the European Communities                            No C 226 / 5
8 . Subject to Articles 1 ( 1 ) and 22 of Annex VIII to           The same shall apply if the former official's death
the Staff Regulations, the surviving spouse of a former           resulted from one of the circumstances referred to at the
official who dies while in receipt of the monthly                 end of the second paragraph of Article 1 7 of Annex VIII
allowance provided for in paragraph 1 shall be entitled,          to the Staff Regulations.
provided that he or she had been his or her spouse for at
least one year when the former official left the service of       9. On the death of a former official in receipt of the
the Commission, to a survivor's pension equal to 60 %             allowance provided for in paragraph 1 , dependent
of the retirement pension which, irrespective of length of        children within the meaning of Article 2 of Annex VII to
service or age, would have been payable to the former             the Staff Regulations shall be entitled to an orphan's
official if he had qualified for it at the time of death.         pension under the conditions set out in the first, second
                                                                  and third paragraphs of Article 80 of the Staff Regu­
                                                                  lations and in Article 21 of Annex VIII to the Staff
The amount of the survivor's pension referred to in the           Regulations .
previous subparagraph shall not be less than the amounts
specified in the second paragraph of Article 79 of the             10. For the purposes of Article 107 of the Staff Regu­
Staff Regulations. However, in no case may it exceed the          lations and of Article 102 (2) of the Staff Regulations of
amount of the retirement pension to which the former              Officials of the European Coal and Steel Community, an
official would have been entitled had he survived and             official affected by the measure provided for in Article 1
been granted a retirement pension when he ceased to be            shall be treated as an official who has remained in
eligible for the allowance referred to above.                     service until the age of 65 provided he continues to pay
                                                                  the contribution during the period of receipt of the
                                                                  allowance referred to in paragraph 1 of this Article.
The duration of the marriage referred to in the first
subparagraph shall not be taken into account if there are                                  Article 4
one or more children of a marriage contracted by the
official before he or she left the service provided that the      This Regulation shall enter into force on the day
surviving spouse maintains or has maintained those                following its publication in the Official Journal of the
children .                                                        European Communities.