CELEX: 51981PC0738
Language: en
Date: 1981-11-20
Title: AMENDED PROPOSAL FOR A COUNCIL REGULATION (EURATOM, ECSC, EEC) No 1859/76 laying down the conditions of employment of staff of the European Centre for the development of vocational training#AMENDED PROPOSAL FOR A COUNCIL REGULATION (EURATOM, ECSC, EEC) No 1860/76 laying down the conditions of employment of staff of the European Foundation for the improvement of living and working conditions (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 738
Vol. 1981/0212
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(81)738 final
               * .         .               .■
                                                Brussels , 11th January 1982
      AMENDED PROPOSAL FOR A COUNCIL REGULATION ( EURATOM , ECSC / EEC )
No 1859 / 76 laying down the conditions of employment of staff of the European
Centre for the development of vocational training
      AMENDED PROPOSAL FOR A COUNCIL REGULATION ( EURATOM , ECSC , EEC )
                                         t
No 1860 / 76 laying down the conditions of employment of staff of the European
Foundation for the improvement of living and working conditions
                    ( presented by the Commission to the Council )
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    C0M(81 ) 738 final
 ---pagebreak---             COUNCIL REGULATION ( EURATCM . ECSC . EEC )
             amending Regulation ( ECSC , EEC , Euratom ) No 1860 /76
              laying dovm the Conditions of Employment of Staff
                of the European Foundation for the Improvement
                       of Living and Working Conditions
THE COUNCIL OP THE EUROPEAN CCMMUNITIES ,
Having regard to the Treaty establishing the European Eoonomio Community ,
                                                                           1
Having regard to Council Regulation (EEC ) No 1365/75 of 26 May 1975
establishing a European Foundation for the Improvement ^f Living and Working
Conditions ^, and in particular Article 17 thereof ,         f
Having regard to Council Regulation (ECSC , EEC , Euratom ) No 1860/76 of
29 June 1 976 laying down the Conditions of Employment of Staff of the
European Foundation for the Improvement of Living and Working Conditions^,
as amended by Regulation (EEC , Euratom, ECSC) No 1238/80 of 13 May 1980^,
Having regard to the proposal from the Commission,
 CvT No I, 139 , 30.5.l975t P * 1-
2ai No L 214 , 6.8.1976» P» 24 .
30J No L 127- 22.5.1980, p. 4.
 ---pagebreak--- Whereas it is for the Council , acting "by a qualified majority on a                   j
proposal from the Commission, to amend these      Conditions of Employment .           '
                                                                                        »
Whereas staff at the Foundation and those entitled under them should "be                ;
granted the same "benefits as regards sickness insurance , accident                     [
insurance and the pension scheme as are granted to certain temporary staff              j
of the European Communities and those entitled under them , with the                     j
exception, however, of the pension increase provided for under Article 5                 I
of Annex VIII to the Staff Regulations of Officials of the European Communities ,
                                                                                  •Γ
HAS ADOPTED THIS REGULATION :
Article 1
                                                                                 '? j
1 . The last subparagraph of Article 30( 1 ) of Regulation Nq 1860/76 is                   j
replaced by the following :
" However , where a staff member contracts an occupational disease or
sustains an accident in the performance of his duties , he shall continue
to receive his full remuneration throughout the period durijig which he
is incapable of working until such time as he is awarded the invalidity
pensipn provided for jinder Article Alb"*
2 . Tfye following second paragraph is added to Article 36 of Regulation No 1860 /76 :
" In tfye event of a pensioner 's death , the above provisions shall apply to
the pension of the deceased".
3.   The following is added to Article 47(2) of Regulation No 1860/76 :
" ... and may also decide to limit the allowance provided for in Article 1 1
of Annex VI to repayment of the contribution provided for in Article 41h plus
compound interest at 3*5$ Per annum".
Article 2
1 . The heading of Chapter 6 of Title II of Regulation No 1860/76 is
replaced by the following :
" Social security benefits and pensions".
 ---pagebreak---                                 »
                                  - 3 -
2.    The abovementioped Chapter 6 shall be divided into :
-     Section A , entitled "Sickness and accident insurance , social security
      benefits" consisting of Articles 38 to 41 ;
-     Section B , entitled "Pension scheme and severance grant" consisting
      of Articles 41& "to 41h .
Article 3
Article 38 of Regulation No 1860/ 76 is replaced by the following :
" 1 . Under the conditions laid down in the Rules to which the first
Article of Annex V yefers , a staff member , his spouse , his children
and other dependants within the meaning of Article 7 of Annex IV are
insured against sickness up to 8O /0 of the expenditure incurred , during
his periods of service and of sick leave . However, the »ate of BC$> shall
be raised to 100$ in cases of tuberculosis , poliomyelitis , cancer,
mental illness and other illnesses recognized by the Commission of the
European Communities as of comparable seriousness .
One third of the contribution required to meet such insurance shall be
charged to the staff member but so that the amount charged to him shall
not exceed 2$ of his basic salary, the other two thirds being borne by
the Foundation.
If, however, the medical examination provided for in Article 24 shows the
staff member to be suffering from sickness or invalidity, the Director
may decide that expenses arising from such sickness or invalidity are to be
excluded from the reimbursement of expenditure provided for above .
2.    If the staff member proves that he cannot obtain cover under another
social security scheipe , he shall continue to benefit under the sickness
scheme , without bein^ required to contribute thereto , for a period of not
more than sixty days after the expiry of his contract or while he is
suffering from protracted serious illness contracted during his employment *
 ---pagebreak---  3.  A staff member who has remained, in the service of the Foundation
until the age of 60 years or who is in receipt of an invalidity pension
 shall be entitled to the benefits provided for in paragraph 1 after
he has left the service . The amount of contribution shall be calculated
by reference to the amount of pension.
Those benefits shall also apply to the person entitled to survivor 's
pension following the death of an official who was in active employment
or who remained in the service of the Foundation until the age of 60 years ,
or the death of a person entitled to an invalidity pension. The amount
of contribution shall be calculated by reference to the amount of his
pension.
4* T]ae following sh^ll likewise be entitled to the benefits provided
for in paragraph 1 , provided that they cannot obtain oover under any
other public Bcheme of sickness insurance ;
–    former staff members entitled to retirement pensions who left the
     service of the Foundation before the age of 60 years ;
-    persons entitled to survivor 's pension as a result of" the death of
     a former staff member who left the service of the Foundation before
     the age of 60 years .
The contribution shall be caloulated by reference to the pension of the
former staff member , half the contribution being borne by the person
entitled .
However , a person entitled to orphan's pension shall not be entitled to
the benefits provided for in paragraph 1 , except at his request . The
contribution shall be calculated by reference to the orphan 's pension.
5 . Where the total expenditure not reimbursed for any period of
twelve months exceeds half the staff member 's basic monthly salary or
pension special reimbursement shall be allowed by the Director , with the
assent of the settlements office , account being taken of the family
circumstances of the person concerned , in manner provided for in the
                                                  •V
rules referred to in Artiole 1 of Annex V.
 ---pagebreak---                                   - 5 -
6.   persons entitled to the foregoing benefits shall declare the amount
of any reimbursement' whioh they may olaio under another oorapulaory
sickness insurance for themselves or for persons covered by their inauranoe .
Where the total whiqh they would receive by way of reimbursement exceeds
the sum of the reimbursements provided for in paragraph 1 , the difference
shall be deducted from the amount to be reimbursed pursuant to paragraph 1 ,
with the exception of reimbursements obtained under & private supplementary
sickness insurance scheme covering that part of the expenditure which is
not reimbursable under paragraph 1 . H
Article â
A new Article 3°a is inserted , worded as follows :
"1 . Under the conditions laid down in the Rules referred to in Article 2
of Annex V a staff member is insured , during the period^ of service and
of sick leave , against the risk of occupational disease ;§nd of accident .
He shall contribute to the cost of insuring against non-gccupational risks
up to 0.1$ of his basic salary.
The Rules specify which risks are not covered.
2.   The benefits payable shall be as follows :
( a) In the event of death :
Payment to the persons listed below of a lump sum equal to five times
the deceased 's annual basic salary calculated by reference to the monthly
amounts of salary received during the twelve months before the accident :
– to the deceased staff member 's spouse and children in accordance
    with the law of succession governing the staff member 's estate ; the
    amount payable to the spouse shall not , however, be less than 25$
    of the lump sum ;
– where there are no persons of the category above , to the other
    descendants in aocordanoe with the law of succession governing the
    staff member * 8 estate :
 ---pagebreak--- – where there are no persons of either of the two categories above , to
     the relatives in $he ascending line in accordance with the law of
     succession governing the staff member 's estate ;
- where there are nq persons of any of the three categories above .
     to the Foundation .
 ( b) In the event of total permanent invalidity:
Payment to the staff member of a lump sum equal to eight times his
annual basic salary calculated on the basis of the monthly amounts of
salary received during the twelve months before the acoijjent .
( c) In the event of partial permanent invalidity :
Payment to the staff member of a proportion of the sum provided for in
subparagraph ( b), calculated by reference to the scale l*id down in the
rules referred to in Article 2 of Annex V.
As provided for in these rules an annuity may be substituted for the
payments provided for above . i
The benefits listed above may be paid in addition to the benefits provided
for by the pension soheme .
3 . The following shall also be covered in manner provided for in the
rules referred to in Article 2 of Annex V : medical , pharmaceutical ,
hospital , surgical , prosthesis , radiography , massage , orthopaedic , clinical
and transport expenses and any other similar expenditure incurred as a
result of the accident or occupational disease .
Reimbursement shall , however , only be made where the amount paid to the
staff member under Article 38 does not fully oover the expenditure incurred .
Article 5
1 . Within the limits of the obligations devolving upon them under Artiole 40
the Foundation shall automatically assume the rights of redress of the
official or of those entitled under him against the third party responsible
for an accident involving the death of a staff member#
 ---pagebreak--- 2 . within the lijnits of the obligations devolving upon them under
Articles 38 and 38a the Foundation shall automatically assume the rights
of redress of the staff member or of those entitled under him against
the third party responsible for an accident involving the death or injury
of a staff member or a person covered by his insurance .
Article 6
A new Article 41a is inserted , worded as follows :
                                                     ■   '
"A staff member who has completed at least ten years ee|*vice shall be
entitled to a retirement pension. He shall , however, be entitled to
such pension irrespective of length of service if he is over 60 years .
The maximum retirement pension shall be 70$ of the final basic salary
carried by the last grade in which the staff member wasp plassified for      "
at least one year. It shall be payable to staff members*v^ho have completed 1
thirty-five years 1 service reckoned in accordance with Article 3 of Annex VI
Where the number of years of service is less than thirtywfive , the above
maximum shall be reduced proportionately.
Where a staff member is entitled to a retirement pension, his pension
                                                           f
rights shall be reduced in proportion to the amounts paid in pursuance
of Article 37 of Annex VI .
The amount of the retirement pension must not be less than 4   of the
minimum subsistence figure , within the meaning of Article 5 of Annex VI,
per year of service in accordance with Artiole 3 of Annex VI .
The pensionable age shall be sixty years .
The years of service referred to in the first paragraph shall be those
accomplished as a member of staff within the meaning of Article 1 ( 2) and
shall include the years prior to            (when this Regulation entered
into force) , provided that the staff member is still serving in the same
capacity at the Foundation on that same date .
Article 7
A new Article 41b is inserted, worded as follows :
"A staff member shall be entitled, in manner provided for in Section 3 of
Annex VI, to an invalidity pension in the case of total permanent invalidity
preventing      from performing his duties at the Foundation.
 ---pagebreak--- Where the invalidity arises from an accident in the course of or in
connection with the performance of his duties , from an occupational
disease , from a public-spirited act or from risking his life to save
another human being, the invalidity pension shall be 70$ of the basic
salary of the staff member .
Where the invalidity is due to some other cau3e , the invalidity pension,
calculated on his last basic salary , shall be equal to the retirement
pension to which the staff member would have been entitled at the age
of 65 years if he had remained in the service until that age .
The invalidity pension shall be calculated by reference to the basic
salary which the staff member would have received in his grade if he had
still been in the service at the time of payment of the pension.
The invalidity pension shall not be less than 120$ of the minimum subsistence
figure as defined in Article 5 of Annex VI .
In the case of invalidity deliberately brought about by the staff member ,
the Director may decide that lie should receive only the severance grant
provided for in Article 11 of Annex VI ."
Article 8
A new Article 41c is inserted , worded as follows :
" The widow of a staff member or former staff member shall be entitled to
a survivor 's pension in manner provided for in Section 4 of Annex VI .
The amount of the survivor 's pension payable to the widow of a staff member
who has died in service or on leave for military servic^ shall be neither
less than 35$ of the last basic salary received by the staff member nor less
than the minimum subsistence figure as defined in Article 5 of Annex VI ."
Article 9           •
A new Article 41d is inserted , worded as follows :
"1.   Where a staff member or person entitled to a retirement or invalidity
pension dies leaving no spouse entitled to a survivor 's pension, the
dependent children vfithin the meaning of Article ^ of Annex IV shall be
entitled to orphan's pension in accordance with Article 20 of Annex VI .
 ---pagebreak---                                   - 9 -
2 . The same pension entitlement shall apply to ohildren who fulfil
                              I
"the above conditions in the event of the death or remarriage of the
recipient of a survivor's pension, as provided for in Article 41c .
3 . Where a staff member or person entitled to a retirement or invalidity
pension dies but the conditions set out in the first paragraph are not
satisfied , the dependent children within the meaning of Article 7 of
Annex IV, shall be entitled to orphan's pension in aocordance with Article 20
of Annex VI ; the pension shall , however, be equal to half the pension
calculated in accordance with that Article .
4 . Each child being dependent within the meaning of Article 7 of Annex VI on
a sta,ff member whose spouse , not being a staff member, dies shall be
entitled to an orphan's pension of twioe the amount of dependent child
allowance ."
Article 10
A new Article 41® is inserted , worded as follows :
"A person entitled to a retirement pension payable at the age of 60 years
or later, or to an invalidity pension, or to a widow's pension shall be
entitled to the family allowances specified in Articles 6, 7 and 8 of
Annex IV ; the household allowance shall be oalculated by rcferenoe to the
pension of the recipient .
The anount of the dependent child allowance payable to the person entitled
to a widow's pension shall , however , be twioe the amount of the allowance
provided for in Article 7 of Annex IV.
Persons entitled to an orphan's pension shall be entitled to the education
allowance in manner provided by Article 8 of Annex XV."
Article 11                      ,
A new Article 41 f i s inserted , worded as follows :
"The payments and benefits provided for in Articles 41k "to 41 f shall be
suspended if the remujieration which a staff member receives in respect of
his employment is suspended pursuant to the Conditions of Employment of
Staff of the Foundation".
 ---pagebreak---                                     - 10 -
Article 12
A new Article 41 S i s inserted , worded as follows :
" The pensions provided for above shall be calculated by reference to
salary scales in force on the first day of the month in which entitlement
commences .
They shall be weighted at a rate below or equal to 100^, depending on the
living conditions in the pensioner 's country of residence ; these weightings
shall be equal to those fixed by the Council of the European Communities
pursuant to Articles 64 and 65(2) of the Staff Regulations of Officials
of the European Communities .
The pensions provided for above shall be subject to the same adjustments
as are decided on by the Council of the European Communities in respect
of pensions of Community officials .
Pensions shall be paid in one of the currencies listed lyider Article 38
of Annex VI , on the basis of the rates of exchange referred to in
Article 63 of the Staff Regulations of Officials of the Jluropean Communities ,"
Article 13
A new Article 41b is. inserted ,' worded as follows :
" Staff members shall contribute one third of the cost of financing this
pension scheme . The contribution shall be 6.755®     'the staff member 's
basic salary , the weightings provided for in Article 3 of Annex IV not
being taken into account . It shall be deducted monthly from the salaries
of staff members and entered as revenue in the Commission Section of the
general budget of the European Communities .
For the payment of benefits under this pension scheme the powers of the
Director of the Foundation shall be exercised by the administrative
authority responsible for clearance and payment of pensions to former
officials of the Commission of the European Communities . These benefits
shall be charged to the general budget of the European Communities .
 ---pagebreak---                                    - 11 -
Article 14
There shall "be two new annexes to the Conditions of Employment of
staff of the Foundation :
- Annex V :    " Insurance against Sickness , Accident and Occupational Disease":
-  Annex VI :  " Pension Scheme ".
                        .                                                       (
These Annexes appear in Annexes 1 and 2 respectively to this Regulation.
                                                          !                     ^i
Article 15                                                \
Annex I of the Conditions of Employment of staff of the Foundation ia           ■
amended as follows :                                                               ^
1.   Its heading is replaced "by the following heading :
     "Composition and proceedings of the Staff Committee , and the
     Invalidity Committee".                                s.                  r-
                                                            ν                  * .
                                                                               r, -
2.  A Section 1 , headed "Staff Committee" is inserted , qontaining a          V
     single Article , the content of which is identical tc[ "the existing sole
    Article of Annex I.
                                                                                    •5
3.  A Section 2 , headed " Invalidity Committee" is inserted , consisting
     of three Articles , worded as follows :
" Article 1
The Invalidity Committee shall consist of three doctors :
-  one appointed by the Foundation;
                             !
–  one appointed by the staff member concerned ; and
–  one appointed by agreement between the first two doctors .
Should the staff member concerned fail to appoint a doctor , the President
of the Court of Justice of the European Communities shall appoint one .
In the event of failure to agree on the appointment of a third doctor within
two months of the appointment of the second doctor , the third shall be
appointed by the President of the Court of Justice of the European Communities
at the request of one of the parties concerned.
 ---pagebreak--- Article 2
Expenses incurred, in connection with the proceedings of the Invalidity
Committee shall be borne by the Foundation .
Where the doctor appointed by the staff member concerned is resident
elsewhere than at the place where the member is employed , the staff member
shall bear the cost of the additional fees entailed , with the exception
of first-class travel expenses , which shall be refunded by the Foundation.
Article 3
The staff member may submit to the Invalidity Committee any reports or
certificates from his regular dootor or from any medical practitioners
whom he may have consulted .
The Invalidity Committee 's conclusions shall be communicated to the
Foundation and to th$ staff member concerned .
The proceedings of the Committee shall be secret ."
Article 16
Staff members serving at the Foundation on the date when this Regulation
enters into force may elect to remain covered by the social security scheme
originally provided for by Article 38 of Regulation No 1860/76 , if it
was applicable to them , or to be affiliated to the new scheme introduced
by this Regulation, whichever shall be the more beneficial to them . The
choice must be made within the three months following the entry into force
of this Regulation and shall be irreversible . The scheme originally provided
tinder Article 38 of Regulation No 1860 /76 shall remain in effect for the
period before such choice is made and thereafter if no choice is made within
that three-month period for reasons beyond the staff member 's control .
Article 17
This Regulation shall enter into force on the day following its publication
in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                    For the Council
                                                      The President
 ---pagebreak---                                                                Ληηοχ I
                            Α1ΓΝΕΧ V
                 Insurance against Sickness ,
              Accident and Occupational Disease
Article 1
1 . Staff of the Foundation and those persons satisfying the conditions
laid down in Article 38(2), ( 3) and (4) of the Conditions of Employment
of staff of the Foundation shall be affiliated to the Joint Sickness
Insurance Scheme of the institutions of the European Communities .
2 . The Rules on Sickness Insurance for Officials of the European
                                                 \
Communities shall apply to the abovement ioned staff and persona and
those entitled under them .
Article 2
The Rules on insurance against the risk of aocident and occupational
disease for officials of the European Communities shall apply to staff
of the Foundation .
For the settlement of claims arising from those Rules for staff who have
sustained an accident or contracted an occupational disease , the powers
of the Director of the Foundation shall "be exercised by the administrative
authority responsible for settling such claims in respect of accidents
sustained or occupational diseases contracted by officials of the European
Communities .
The European Communities shall pay to staff of the Foundation and to those
entitled under them the benefits provided for under those Rules .
 ---pagebreak---                                   - 2 -                             Annex VI
                            PENSION SCHEME
                                Section 1
                          GENERAL PROVISIONS
 Article '
Where the medical examination made before a staff member takes up his
duties shows that he is suffering from sickness or invalidity , the
Director may , in so far as risks arising from such sickness or invalidity
are concerned , decide to admit that staff member to guaranteed benefits
in respect of invalidity or death only after a period of five years
from the date of his entering the service of the Foundation .
                                Section 2
                RETIRERENT PENSION AND SEVERANCE GRA1ÎT
                             Subsection 1
                          Retirement pension
Article 2
A retirement pension shall be payable on the basis of th£ total number
of years of pensionable service acquired by the staff member .     Each year
of service reckoned «ys provided for in Article 3 shall entitle him to
one year of pensionable service and each complete month to one twelfth
of a year of pensionable service .
The maximum number of years of pensionable service which may be taken into
account for the calculation of retirement pension rights shall be thirty-five .
Article 3
Por the purpose of calculating years of pensionable service within the
meaning of Article 2 , the following shall be taken into account :
( a) the length of service as a staff member counted from ( date of
entry into force of this Regulation ) and time spent on leave for military
service after that date , provided that the person concerned haB paid his
share of the pension contribution in respect of such, periods of service .
 ---pagebreak---                                      3
 (b) the period taken into account for retirement , in accordance with
Article 10(2 ), provided that the actuarial equivalent or the sums repaid
to the staff member by another employer have been paid to the Community ,
as stipulated in Article 10 .
Article 4
A staff member who after leaving the servioe of the Foundation takes up
active employment again with the Foundation shall acquire further
pension rights .
He may request that , for the purpose of calculating his retirement pension
rights , the whole of his period of service in the Foundation be taken
into account , subject to his repaying any sums paid to him pursuant to
Article 11 or received by him by way of retirement pension , plus compound
interest at the rate of 3*5% per annum .
Where the staff member, being entitled to a retirement pension , does not
repay the SVJTIS referred to in the preceding paragraph ,      capital sum
representing the actuarial equivalent of his retirement pension as at the
date on which such pension ceased to be paid to him , toother with
compound interest at the rate of 3.5$ P8** annum , shall bp paid to him          -*•
in the form of a deferred retirement psnsion payable at the age when he
ceases to perform his duties .
Article 5
The minimum subsistence figure for the purpose of calculating pension
benefits shall correspond to the basic salary of a staff member in
Grade D4 , step one .
Article 6
The actuarial equivalent of the retirement pension shall not be less than
the amount which the utaff member would have received if Article 11 had
been applied to him .
V/here the actuarial equivalent cf the retirement pension payable in
accordance with th® pr©c3dir.g previsions is loss than this amount , t±ie
9taff r*ember shall reoei18'? %    rs&'zzt pension the actuarial equivalent
ef which shall be equal U *\# - t: - - vt; provided foi- ia the preceding pa^paplu
 ---pagebreak---                                      - 4 -
 Article 7
  Actuarial equivalent     f "the retirement pension  means the capital value
 of the benefits accruing to the staff member , calculated by reference to
 the latest mortality tables compiled by the budgetary authorities of
 the European Communities as referred to in Article 39 » "the rate of
 interest applicable being 3*5$ P®r annum .
 Article 8
 1.   A staff member leaving the service before reaching the age of 60 years
may request that his retirement pensions
– be deferred until the first day of the oalendar month fallowing
     that, in which he reaches the age of 60 ; or
– be paid immediately , provided that he is not less tfaan 50 years of
    age .   In this case , the retirement pension shall be reduced by an
    amount calculated by refc -ence to the official 's age wr^en he starts to
    draw his pension , as showa in the following tables
Pension payable on early retirement expressed in terms off the pension
                       payable on retirement at a#e 60
            Retirement of âge                      Coefficient
                    50                              0.50 678
                    51                              0.53 834
                    52                              0.57 266
                    53                              0.61 009
                    54                              0.65 099
                    55                              0.69 582
                    56                              0.74 508
                    57                              0.79 936
                    58                              O.85 937
                    59                              O.92 593
2 . Notwithstanding the provisions of Article 2 , a staff member who has
less than 35 years of pensionable service at the age of 60 years and who
continues to acquire pension rights under Article 3 shall , in respect of
each year of service between the age of 60 years and the age when he begins
to draw retirement pension , be entitled to an inorease in pension equal to
57° of the amount of pension rights acquired by him at the age of 60 years ,
but so that h\s total pension shall not exceed 70% of his final basic salary
as referred to in the second paragraph of Article 41a of the Conditions of
Employment ,      Such increase shall likewise be payable in the event of death
of a staff member who has remained in the service after the age of 60 years .
 ---pagebreak---  Article 9
 Th« right to r«oeiv# payaant of r«tiro»«nt pension ahall have effaot from
the first day of the calendar month following that in which the staff
member , whether automatically or at his own request , 1)60011168 eligible
for that pension ; he shall continue to receive his remuneration until
his pension becomes payable *
Article 10
1 • A staff member who leaves the service of the Foundatipn to enter
the service of a government administration or a national ; or international
                              t                                                   >
organization which has concluded an agreement with the Foundation
shall be entitled to have the aotuarial equivalent of hi$ retirement              -
pension rights in the Foundation transferred to the pension fund of the
                                                            t                   ?
administration or organization .
2 . A staff member who enters the service of the Foundation after leaving
the service of a government administration or of a national or international £_
organization or of an undertaking shall have the right , qp completing
the probationary period laid down by Article 25 of the Cqpditions of                ■
Employment , to pay to the Community either :
– the actuarial equivalent of retirement pension rights acquired by him
in the government administration , national or international organization
or undertaking ;  or
- the sums repaid to him from the pension fund of the government administration ,
organization or undertaking at the date of his leaving its service .
In such case the institution in which the offioial serves shall , taking
into account his grade on establishment , determine the number of years of
pensionable service ifith which he shall be credited under its own pension
scheme in respect of the former period of service , on the basis of the
amount of the actuarial equivalent or sums repaid as aforesaid .
                      «
The option stated in the first subparagraph shall also be open to staff
members who entered the service before .... ( date when this Regulation
entered into force ), with regard to pension rights corresponding to the
period of their service with the Foundation before that date®        The number
of years of pensionable service shall , however, "be determined on the
basis of the grade and step held by the person concerned on ••••
(date when this Regulation entered into force).
 ---pagebreak---                                  Subsection 2
                                SEVERANCE GRANT
Article 11
1 . A staff member aged less than sixty years whose service terminates
otherwise than by reason of death or invalidity and who is not entitled
to a retirement pension and cannot benefit from the provisions of
Article 10('i ) shall be entitled on leaving the service to payment of :
( a) the aggregate amount deducted from his basic salary in respeot of
his pensi n contribution plvs compound interest at the rate of 3«5i°
per annum ;
( b ) provided that his erra^ement was not terminated pursuant to Artiole 47
of the Conditions of Employment , a severance grant proportionate to
his aptual length of service since the Staff Regulations entered into
force , calculated on the basis of one and a half months for each year of
service of the last tiasic salary before deductions .      In cases covered
by Article i 0 ( 2 ) , the period of former service shall likewise be deemed
                                                             /
to be actual service , to .he extent of the number of yeg,rs of pensionable
service credited to him in accordance with the second subparagraph of
Article 10(2 );
( c ) the total sum paid to 'the Foundation , in accordance with Article 10(2 ),
where that sum corresponds to periods before .... ( date when this
Regulation entered into ^orce ), and one third of that sum for the periods
after that date , plus compound interest at the rate of 3-5cl° Pe** annum .
2 . The amounts paid purBituit to Article 37 "below shall be deducted from
the grant r>. rerred to ir paragraph 1 ( a), (b) and ( o).
 ---pagebreak---                                  - 7 -
                               Section 3
                          INVALIDITY PENSION
Article 12
Subject to the provisions of Article 1 , a staff member agod lesa than
sixty-five years who at any time during the period in which he is acquiring
pension rights is reoognized by the Invalidity Committee ( Annex I ) to
be suffering from total permanent invalidity and who is obliged on these
grounds to end his service with the Foundation shall be entitled , for
so long as such incapacity persists , to invalidity pension as provided
for in Article 41b .
Invalidity pension and retirement pene5en <?hall not be paid concurrently .
Article 13
Entitlement to invalidity pension shall take effect on the day following
that on which the engagement of the staff member concerned was terminated
pursuant to Articles 45 &ni 46 of the Conditions of Employment =,
Article 14
The Director may at any time require proof that the recipient of an
invalidity pension still satisfies the requirements for payment of the
pension .  Should th$ Invalidity Committee find that the requirements are
no longer satisfied , entitlement tc the pension shall cease ..
If the person concerned ia net reinstated in the service of the Foundation , '
he shall receive the grant provided for in Article 11 , calculated on tha
basis of the period of service actually accomplished .
Article 15
Where a staff member who has lean drawing invalidity pencion in reinstated
in the Foundation, the time during which he received such pension shall
be included for the purpose of calculating his rstir?E©nt pension, without
payment by him of arrears of contributions .
 ---pagebreak---                                   - 8 -
                                Section 4
                           SURVTVOR' S PENSION
Article 1 6
Where a staff member dies in service or on leave for military service
his widow shall be entitled , provided that she has been married to him
for at least one year at the time of his death and subject to the
provisions of Article 21 hereafter , to a widow 's pension equal to 35^
of the staff member' s last basic monthly salary , which shall not be
less than the minimum subsistence figure defined in Article 5-
The duration of the marriage shall not be taken into account if there
are one or more children of the marriage or of a previous marriage of
the staff member proi/ided that the widow maintains or has maintained
those children , or i;f the staff member 's death resulted either from
physical disability or sickness contracted ir\ the performance of his
duties or from accident .
Article 17
Where a former staff member WSJB in receipt of retirement pension his
widow sha.ll be entitled , provided that she had been married to him for
at least one year when he left the service of the Foundation , and subject
to the provisions of Article 21 , to a widow 's pension equal to 60c/» of
the retirement pension which he was receiving at the time of his death .
The minimum widow 's pension shall be 35 i° of the last basic salary and
shall not be less than the minimum subsistence figure defined in Article 5
of this Annex ;  the amount of the widow 's pension shall in no case ,
however , exceed the amount of the retirement pension which her husband
was receiving at the tima of his death .
The duration of the marriage shall not be taken intp account if there
                              t
are one or more children of a marriage contracted by the staff member
before he left the service , provided that the widow maintains or has
maintained those ohildren *
 ---pagebreak---                                    - 9 -
Article 18
The widow of a former staff member who left the service before reaching
the are of 60 years a^id requested that his retirement pension be deferred
                             i
until the first day otf the calendar month following that during which
he reached the age -_f 60 years shall be entitled , provided that she had
been married to him for at least one year when he left the service of
the Foundation , and subject to the provisions of Article 21 to a widow 's
pension equal to 60% of the retirement pension which would have been
payable to her husband at the age of 60 years .     The minimum widow 's
pension shall be 35i° of the last basic salary ;   the amount of the widow's
pension shall in no case , however , exceed the amount of the retirement
pension to which the staff member would have been entitled at the age
of 60 years .
The duration of the marriage shall not be taken into account if there
are one or more children of a marriage contracted by the staff member
before he left the service , provided that the widow maintains or has
maintained those children *
Article 19
For purpose of Articles 17 and 18 the duration of the marriage shall not
be taken into account where the marriage , though contracted aftey termination
of the official 's serf/ioe , has lasted at least five years .
Article 20
1.  The orphan 's pension provided for in Article 41d-(l ) of the Conditions
of Employment shall for the' first orphan be equal to eight tenths of
the survivor 's pension to which the staff member 's widow would have been
entitled , the reductions set out in Article 25 being disregarded .
It shall not be less than the minimum subsistence figure , subject to the
provisions of Article 21 .
2 . The pension shall bo increased , for each dependent child after the
first , by an amount equal to twice the dependant child allowance .
3 . The total a_iOui.it of pension and allowance calculated in this way shall
be divided equally among the orphans- -sat itled•
 ---pagebreak--- Article 21
 Where a staff member leaves a widow and also orphans of a previous
marriage or other perqons entitled under him , the total pension , calculated
aa if for a widow having all these persons dependent on her , shall be
apportioned among the various persons concerned in proportion to the
pensions which would have been payable to each category of them if treated
separately .
Where a staff member Reaves orphans of different marriages , the total
pension , calculated as though all the children were of the same marriage ,
shall be apportioned among the various persons concerned in proportion
to the pensions which would have been payable to each category of them
if treated separately .
For the purposes of calculating this apportionment , children of a previous
marriage of either spouse , who are recognized as dependants within the
meaning of Article 7 of Annex IV shall be included in the category of
children of the marriage to the staff member.
In the case envisaged, in the second paragraph , ascendant ^ who are recognized
as being dependants as provided for in Article 7(4 ) of Ax^-iex IV shall be
treated in the same way as dependent children and , for the purpose of
calculating the apportionment , included in the category of descendants .
Article 22
By special decision of the authority referred to in Article 41 h of the
Conditions of Employment , a pension calculated on the basis of Article 16
above may be granted -j;o the widower of a female member of staff , provided
that he has no income of his own and subjeot to evidence that at his wife 's
death he was permanently incapacitated by invalidity or serious illness
from engaging in gainful employment .    Article 41 f of the Conditions of
Employment shall apply by analogy .    Payment of the pension shall cease
if the surviving husband remarries .
Article 23
Those entitled under a deceased member of staff , as defined in this section ,
shall also receive the grant provided for under Article 11 above .
 ---pagebreak---                                     - 11 -
Where a member of staff dies leaving no survivors who qualify for a
survivor' a pension, the heira shall be entitled to reoeive the grant
provided for under Article 11 .
                                                                                  1
However , amounts paid pursuant to Artiole 37 shall be deducted from
the grant .
Article 24
The right to receive payment of survivor 's pension shall? have effect
from the first day of the calendar month following that - in whioh the
staff member died .
                                                                   I
                                                                   t
However, where the payment provided for in Article 36 of the Conditions
of Employment is made on the death of the staff member pr of the person
entitled to a pension^ such right shall take effect on $he first day of
the fourth month following that in which death occurred *
The right to receive payment of survivor's pension sh.aH cease at the end
of the calendar month in which the recipient of the pension dies or ceases
to satisfy the requirements for payment of the pension , i
Article 25
Where the difference ^.n age between the deceased staff member and his
surviving spouse , less the length of time they have been married , is more
than ten years , the survivor 's pension , calculated in accordance with
the preceding provisions , shall be subject to a reduction, per full ye^r
pf difference , amounting to :
– 1 /6 for the year between ten and twenty ;
– 2%   for the years twenty up to but not including twenty-five ;
– y/e  for the years twenty-five up to but not including thirty ;
– 4%   for the years thirty up to but not including thirty-five ;
– yfo  for the years from thirty=»fiv3 upwards .
Article 26
A widow 's entitlement to £ -JLTVIVC r * s pens!" shall cease on remarriagso
She shall be entitled to                  parent of a capital sum equal to tr-iica
ihe annual amount- of                    s p6?xsio•% , jircTX&ed. that the second
paragraph of Article 4tA(S) of Ike Conditions of Bssployment does not apply-.
 ---pagebreak---                                  « 12 -
Artinln 2 ?
The divorced wife of a staff member shall be entitled on his death to
a survivor 's pension , as defined in this section , provided that the
court which pronounced the decree of divorce did not find that the
divoroed wife in question was solely to blame .     This entitlement shall
cease if she remarries before her former husband dies .     The provisions
of Article 26 shall apply if she remarries after her former husband dies .
Article 28
Where a divorced staff member who has remarried leaves a widow entitled
to survivor 's pension , that pension shall be divided , in proportion to
the duration of the marriages , between the divorced wife if she has not
remarried and the widow , if the court which pronounced the decree of
divorce did not find that the divorced wife was solely to blame «      The
amount to which the divorced wife is entitled if she has not remarried
shall not be more than "the amount of the maintenance awarded to her
under the decree .
If any of the persons entitled to pension dies or renounces her share ,
her share shall accrue to the shares of the other persons , except where
there are orphans'   rights under Article 41<i(2 ) of the Conditions of
Employment .
Reductions in respect of difference in age , as provided for in Article 25 ,
shall be applied separately to pensions divided in accordance with this
Article .
Article 29
Where under Article 35 the divorced wife ceases to be entitled to a
pension , the total persic.i shall be payable to the widow, provided
Article 41&(2 ) of the Condition of Employment does not apply .
 ---pagebreak---                                   - 13 -
                                Section 5
                     Fundin/r of the Pension Scheme
Article 30
Salaries shall in all cases be subject "to deduction of the contribution
of the pension schema provided for in Articles 41a to 41 h of the Conditions
of Employment and in Annex VI thereof .
Article 31
Contributions properly deducted shall not be refunded .    Contributions
wrongly deducted shall not confer the right to reoeive a pension !    "they
shall "be reimbursed without interest at the request of the staff member
or of those entitled, under him .
Article 32
The mortality and invalidity tables and the assumed salary increases for
use in calculating the actuarial values provided for ii^ this Annex shall
be those adopted by the budgetary authorities of the European Communities
pursuant to Artiole 39 of Annex VIII to the Staff Regulations of Officials .,
                                Section 6
                          SETTLEMENT OP CLAIMS
Article 33
The Director of the Foundation having delegated his powers , the administrative
authority referred t9 in Article 41 h of the Conditions of Employment shall
be responsible for. settling claims to retirement , invalidity , survivor 's
or provisional pensiqn .    A detailed statement of the calculation shall
be communicated to the staff member or to those entitled under him and to
the Foundation at the same time as the decision awarding the pension .
A retirement or invalidity pension shall not be paid concurrently with the
salaiy payable by the Foundation or by one of the institutions of the
European Communities .
 ---pagebreak---                                      - 14 -
The grant of a retirement , invalidity or survivor 's pension shall
not give entitlement to the expatriation allowance .
Article 34
The amount of pension may at any time be calculated, afresh if there has
been error or omission of any kind .
They shall be liable to modification or withdrawal if the award was
contrary to the provisions of the Conditions of Employment and of this
Annex .
Article _,5
Where a staff member di * i. and those entitled under him do not apply for
their pensi .. - within on>i year from the date of his death , they shall lose
their entitlement , S {ive where force majeure is duly established .
Article 36
A staff member or those entitled under him in favour of whom benefits
arise under this pension .scheme shall furnish such written proof as may
be required and inform the administrative authority referred to in
Article 41 h of the Conditions of Employment of any facts liable to affect
their entitlement .
Article 37
Under conditions to, be established by the Commission of the European
Communities staff may re-^aest the Foundation to make any payments necessary
to constitute or maintain their pension rights in their country of origin .
These p-: vTnen^s shall not jxce.-i 13 - 5/^ of basio salary and shall be charged
to the budget of the Foundation .
 ---pagebreak---                                  - 15 -
                                Section 7
                           PAYMENT OP BENEFITS
Article 38
Benefits under this pension scheme shall be paid monthly in arrears *
Benefits shall be paid, lay the Commission of the European Communities
out of the budget of the European Communities *
Beneficiaries may elect to have their pensions paid in the currency either
of their country of origin or of their country of residence or of the
country where the Foundation has its seat ;    their choice shall remain
operative for at least two years .
Where neither the country of origin nor the country of residence is
a country of the Communities , benefits shall be paid in the currency
of the country where the Foundation has its seat .
Article 39          ,
Any sums due to the Foundation from staff at the date when a benefit
is payable under this pension scheme shall be deducted from the amount
of their benefit or from the benefits payable to those entitled under
them .   The deduction may be spread over a number of months .
Article 40
Where the invalidity or death of a staff member is oaused by a third
party , the rights of action of the staff member or of those entitled
                            ι
under him against the third party shall vest in the Communities within
the limits of their obligations under this pension scheme .
 ---pagebreak---                                                                              [
                                                                             i
                             I.                                              ;
                              !                                              I
           CCUNCIL REGULATION ( EURATCM , ECSC , EEC ) .
            amending Regulation (ECSC , EEC , Euratom) No 1859/ 76
             laying down the Conditions of Employment of Staff
              of the European Centre for the Development of
                            Vocational Training
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC ) No 337/75 of 10 February 1975
                                                                          1
establishing a European Centre for the Development of Vocational Training ,,
and in particular Article 13 thereof,
Having regard to Council Regulation (ECSC ? EEC , Euratom) No 1 859/76 of
29 June 1976 laying down the Conditions of Employment of Staff of the
                                                             2
European Centre for the Development of Vocational Training , as amended
by Regulation (EEC , Eura+.om, ECSC ) No 1237/80 of 13 May 1980^,
Having regard to the proposal f^om the Commission,
1 0J No L 39, 13.2.1975 , ?• 1 .
20J No L 214, 6.8.1976, p. 1 .
30J No L 127, 22.5 . 19GC , p. 1 .
 ---pagebreak--- Whereas it is for "the Counoil , acting "by a qualified majority on a
                              t
proposal from the Commission, to amend these Conditions of Employment ,
Whereas staff at the Centre        and those entitled under them should "be
granted the same benefits as regards sickness insurance , accident
insurance and the pension scheme as are granted to certain temporary staff
of the European Communities and those entitled under them , with the
exception, however , of the pension increase provided for under Article 5
of Annex VIII to the Staff Regulations of Officials of the European Communities ,
HAS ADOPTED THIS REGULATION :
Article 1
1 . The last subparagraph of Article 30(1 ) of Regulation No 1859/ 76 is
replaced by the following :
" However , where a staff member contracts an occupational disease or
sustains an accident in the performance of his duties , he shall continue
to receive his full remuneration throughout the period during which he
is incapable of working until such time as he is awarded the invalidity
                                                                               I '
pension provided for under Article 4't> •
2 . The following second paragraph is added to Article 36 of Regulation No 1859/76
" In the event of a pensioner * s death , the above provisions shall apply to
the pension of the deceased".
3. The following is added to Article 47(2) of Regulation No 1859/76 :
" ... and may also decide to limit the allowance provided for in Article 1 1
of Annex VI to repayment of the contribution provided for in Article 41 h plus
compound interest at 3*5% per annum".
Article 2
1 . The heading of Chapter 6 of Title II of Regulation No 1859/76 is
replaced by the following:
" Social security benefits and pensions".
 ---pagebreak---                                  - 3 -
2.   The abovementioned Chapter 6 shall be divided into :
-    Section A, entitled "Sickness and accident insurance , social security
     benefits" consisting of Articles 38 to 41 >
-    Section B , entitled "Pension scheme and severance grant" consisting
     of Articles 41a- to 41h «
Article 3
Article 38 of Regulation Ho 1859/ 76 is replaced by the following :
"1 .  Under the conditions laid down in the Rules to which the first
Article of Annex V refers , a staff member , his spouse , his children
and other dependants within the meaning of Article 7 of Annex IV axe
insured against sickness up to 80jo of the expenditure incurred, during
his periods of 'service and of sick leave . However , the tfate of 8dfo shall
be raised to 100$ in cases of tuberculosis , poliomyelitis , cancer ,
mental illness and other illnesses recognized by the Coi$Bttission of the
European Communities as of comparable seriousness .
One third of the contribution required to meet such insurance shall be
charged to the staff member but so that the amount charged to him shall
not exceed 2fo of his basic salary, the other two thirds being borne by
the Centre .
If, however , the medical examination provided for in Article 24 shows the
staff member to be suffering from sickness or invalidity , the Director
may decide that expenses arising from such sickness or invalidity are to be
excluded from the reimbursement of expenditure provided for above .
2.   If the staff member proves that he cannot obtain cover under another
social security scheme , he shall continue to benefit under the sickness
scheme , without being required to contribute thereto , for a period of not
more than sixty days after the expiry of his contract or while he is
suffering from protracted serious illness contracted during his employment .
 ---pagebreak---                                  - 4 -
 3«  A staff member who has remained in the service of the Centre
•until the age of 60 years or who is in receipt of an invalidity pension
 shall be entitled to the "benefits provided for in paragraph 1 after
he has left the service . The amount of contribution shall be calculated
by reference to the amount of pension.
Those benefits shall also apply to the person entitled to survivor 1 s
pension following the death of an official who was in active employment
or who remained in the service of the Centre        until the age of 60 years ,
or the death of a person entitled to an invalidity pension. The amount
of contribution shall be calculated by reference to the amount of his
pension.
4« The following shall likewise be entitled to the benefits provided
for in paragraph 1 , provided that they cannot obtain coygr under any
other public scheme of sickness insurance :
-    former staff members entitled to retirement pensions . who left the
     service of the Centre      before the age of 60 years ;
-    persons entitled to survivor f s pension as a result of the death of
     a former staff member who left the service of the Centre       before
     the age of 60 years .
                             r
The contribution shall be calculated by reference to the pension of the
former staff member , half the contribution being borne by the person
entitled .
However, a person entitled to orphan's pension shall not be entitled to
the benefits provided for in paragraph 1 , except at his request . The
contribution shall be calculated by reference to the orphan's pension.
5 . Where the total expenditure not reimbursed for any period of
twelve months exceeds half the staff member 's basic monthly salary or
pension special reimbursement shall be allowed by the Director , with the
assent of the settlements office , account being taken of the family
circumstances of the person concerned , in manner provided for in the
rules referred to in Article 1 of Annex V.
 ---pagebreak---                                    - 5 -
6 . persons entitled to the foregoing "benefits shall declare the amount
of any reimbursement which they may claim under another compulsory
sickness insurance for themselves or for persons covered "by their insurance .
Where the total which they would receive by way of reimbursement exceeds
the sum of the reimbursements provided for in paragraph 1 , the difference
shall be deducted from the amount to be reimbursed pursuant to paragraph 1 ,
with the exception of reimbursements obtained under a private supplementary
sickness insurance scheme covering that part of the expenditure which is
not reimbursable under paragraph 1 ."
Article 4
A new Article 3oa is inserted , worded as follows :
"1 .   Under the conditions laid down in the Rules referred to in Article 2
of Annex V a staff member is insured , during the periods of service and
of sick leave , against the risk of occupational disease and of accident .
He shall contribute to the cost of insuring against non-occupational risks
up to 0.1io of his basic salary.
The Rules specify which risks are not covered .
2.    The benefits payable shall be as follows :
( a) In the event of death :
Payment to the persons listed below of a lump sum equal to five times
the deceased 's annual basic salary calculated by reference to the monthly
amounts of salary received during the twelve months before the accident :
– to the deceased staff member * s spouse and children in accordance
     with the law of succession governing the staff member 's estate ; the
     amount payable to the spouse shall not , however, be less than 25$
     of the lump sum ;
- where there are no persons of the category above , to the other
     descendants in accordance with the law of succession governing the
     staff member 's estate ;
 ---pagebreak---                                    - 6 -
- where there are no persons of either of the two categories above , to
    the relatives in the ascending line in accordance with the law of
    succession governing the staff member * s estate ;
– where there are no persons of any of the three categories above ,
    to the Centre.
(b) In the event of total permanent invalidity:             '
Payment to the staff member of a lump sum equal to eigh^ times his
annual basic salary calculated on the "basis of the monthly amounts of
salary received during the twelve months before the accident .
( c) In the event of partial permanent invalidity:
Payment to the staff member of a proportion of the sum provided for in
subparagraph (b) , calculated by reference to the scale |£id down in the
rules referred to in Article 2 of Annex V.
As provided for in these rules an annuity may be substituted for the
payments provided for above .
The benefits listed above may be paid in addition to the benefits provided
for by the pension scheme .
3 . The following sAall also be covered in manner provided for in the
rules referred to in Article 2 of Annex V : medical , pharmaceutical ,
hospital , surgical , prosthesis , radiography, massage , orthopaedic , clinical
and transport expenses and any other similar expenditure incurred as a
result of the accident or occupational disease .
Reimbursement shall , however, only be made where the amount paid to the
staff member under Article 38 does not fully cover the expenditure incurred.
Article 5
1 . Within the limits of the obligations devolving upon them under Article 40»
the Centre      shall automatically assume the rights of redress of the
official or of those entitled under him against the third party responsible
for an accident involving the death of a staff member.
 ---pagebreak---                                  - 7 -
2.  Within the limits of the obligations devolving upon them
Articles 38 and. 38a the Centre     shall automatically assume the rights
of redress of the staff member or of those entitled under him against
the third party responsible for an accident involving the death or injury
of a staff member or a person covered by his insurance .
Article 6
A new Article 4'a is inserted , worded as follows :
"A staff member who has completed at least ten years' service shall be
entitled to a retirement pension. He shall , however , be entitled to
such pension irrespective of length of service if he is over 60 years .
The maximum retirement pension shall be 70% of the final basic salary
carried by the last grade in which the staff member was classified for
at least one year . It shall be payable to staff members who have completed
thirty-five years * service reckoned in accordance with Article 3 of Annex VI .
Where the number of years of service is less than thirty-five , the above
maximum shall be reduced proportionately.
Where a staff member is entitled to a retirement pensioji, his pension
rights shall be reduced in proportion to the amounts paid in pursuance
of Article 37 of Annex VI .
The amount of the retirement pension must not be less than 4% of the
minimum subsistence figure , within the meaning of Article 5 of Annex VI,
per year of service in accordance with Article 3 of Annex VI .
The pensionable age shall be sixty years .
The years of service referred to in the first paragraph shall be those
accomplished as a member of staff within the meaning of Article 1(2) and
shall include the years prior to            (when this Regulation entered
into force ), provided that the staff member is still serving in the same
capacity at the Centre      on that same date .
Article 7
A new Article 41"b is inserted, worded as follows :
"A staff member shall be entitled , in manner provided for in Section 3 of
Annex VI , to an invalidity pension in the case of total permanent invalidity
preventing him from performing his duties at the Centre .
 ---pagebreak---                                   - 8 -
Where the invalidity arises from an accident in the course of or in
connection with the performance of his duties , from an occupational
disease , from a public–spirited act or from risking his life to save
another human being, the invalidity pension shall be 70fo of the basic
salary of the staff member .
Where the invalidity is due to some other cause , the invalidity pension,
calculated on his last basic salary, shall be equal to the retirement
pension to which the staff member would have been entitled at the age
of 65 years if he had remained in the service until that age .
The invalidity pension shall be calculated by reference to the basic
salary which the staff member would have received in his grade if he had
still been in the service at the time of payment of the 'pension.
The invalidity pension shall not be less than 120$ of the minimum subsistence
                                                                             I
figure as defined in Article 5 of Annex VI .
In the case of invalidity deliberately brought about by the staff member,
the Director may decide that he should receive only the severance grant
provided for in Article 11 of Annex VI ."                i
                                                                              t
                                                                              i
                                                                              \
Article 8
A new Article 41c is inserted , worded as follows :
" The widow of a staff member or former staff member shall be entitled to
a survivor 's pension in manner provided for in Section 4 of Annex VI .
The amount of the survivor's pension payable to the widow of a staff member
who has died in service or on leave for military servic^ shall be neither
less than 35% of the last basic salary received by the staff member nor less
than the minimum subsistence figure as defined in Article 5 of Annex VI ."
Article 9
A new Article 41d is inserted , worded as follows :
" 1 . Where a staff member or person entitled to a retirement or invalidity
pension dies leaving no spouse entitled to a survivor's pension, the
dependent children within the meaning of Article 7 of Annex IV shall be
entitled to orphan's pension in accordance with Article 20 of Annex VI .
 ---pagebreak---                                  - 9 -
2.  The same pension entitlement shall apply to children who fulfil
the above conditions in the event of the death or remarriage of the
recipient of a survivor * s pension , as provided for in Article 41c .
3.  Where a staff member or person entitled to a retirement or invalidity-
pension dies but the conditions set out in the first paragraph are not
satisfied , the dependent children within the meaning of Article 7 of
Annex IV , shall be entitled to orphan* s pension in accordance with Article 20
of Annex VI ; the pension shall , however , be equal to half the pension
calculated in accordance with that Article .
4 » Each child being dependent within the meaning of Article 7 of Annex VI o?x
a staff member whose spouse , not being a staff member , ^ies shall be
entitled to an orphan* s pension of twice the amount of impendent child
allowance ."
Article 10
                             t
A new Article 41e is inserted , worded as follows :
"A person entitled to a retirement pension payable at the age of 60 years
or later , or to an invalidity pension , or to a widow* s pension shall be
entitled to the family allowances specified in Articles 6 , 7 and. 8 of
Annex IV ; the household allowance shall be calculated by reference to the
pension of the recipient .
The amount of the dependent child allowance payable to the person entitled
to a widow* s pension shall , however , be twice the amount of the allowance
provided for in Article 7 of Annex IV.
Persons entitled to an orphan* s pension shall be entitled to the education
allowance in manner provided by Article 8 of Annex IV."
Article 11
A new Article 41f i s inserted , worded as follows :
"The payments and benefits provided for in Articles 41 ^ "t° 41 f shall be
suspended if the remuneration which a staff member receives in respect of
his employment is suspended pursuant to the Conditions of Employment of
Staff of the Centre".
 ---pagebreak---                                   - 10 -
Alisios
A new Article 4"S is inserted, worded as follows :
"The pensions provided for above shall be calculated by reference to
salary scales in force on the first day of the month in which entitlement
commences .
They shall he weighted at a rate below or equal to ^ 00fo1 depending on the
living conditions in the pensioner * s country of residence ; these weightings
shall be equal to those fixed' by the Council of the European Communities
pursuant to Articles 64 and 65(2) of the Staff Regulations of Officials
of the European Communities .
The pensions provided for above shall be subject to the same adjustments
as are decided on by the Council of the European Communities in respect
of pensions of Community officials .
Pensions shall be paid in one of the currencies listed under Article 38
of Annex VI , on the basis of the rates of exchange referred to in
Article 63 of the Staff Regulations of Officials of the European Communities ."
Article 13
A new Article 41b is inserted , worded as follows :
" Staff members shall contribute one third of the cost of financing this
pension scheme . The contribution shall be 6.75$ of the staff member 's
basic salary, the weightings provided for in Article 3 of Annex IV not
being taken into account . It shall be deducted monthly from the salaries
of staff members and entered as revenue in the Commission Section of the
general budget of the European Communities .
For the payment of benefits •under this pension scheme the powers of the
Director of the Centre      shall be exercised by the administrative
authority responsible for clearance and payment of pensions to former
officials of the Commission of the European Communities . These benefits
shall be charged to the general budget of the European Communities .
 ---pagebreak---                                      - 11 -
  Artide 14
  There shall he two new annexes to the Conditions of Employment of
                                                      Ν
  staff of the Centre :
  -  Annex V :   " Insurance against Sickness , Accident and Occupational Disease";
  -  Annex VI :  " Pension Scheme ".
  These Ajanexes appear in Annexes 1 and 2 respectively to this Regulation.
  Article 15
  Annex I of the Conditions of Employment of staff of the Centre          is
  amended as follows :
  1.   Its heading is replaced by the following heading :
       "Composition and proceedings of the Staff Committee and the
       Invalidity Committee".
  2.   A Section 1 , headed " Staff Committee" is inserted , containing a
       single Article , the content of which is identical to the existing sole
      Article of Annex I.
  3.  A Section 2 , headed " Invalidity Committee" is inserted , consisting
       of three Articles , worded as follows :
- " Article 1
  The Invalidity Committee shall consist of three doctors :
  -  one appointed "by the Centre ;
  -  one appointed by the staff member concerned ; and
  -  one appointed by agreement between the first two doctors .
  Should the staff member concerned fail to appoint a doctor , the President
  of the Court of Justice of the European Communities shall appoint one .
  In the event of failure to agree on the appointment of a third doctor within
  two months of the appointment of the second doctor , the third shall be
  appointed by the President of the Court of Justice of the European Communities
  at the request of one of the parties concerned .
 ---pagebreak---                                   - 12 -
Article 2
Expenses incurred, m connection with the proceedings of the Invalidity
Committee shall he "borne "by the Centre ,
Where the doctor appointed "by the staff member concerned is resident
elsewhere than at the place where the member is employed, the staff member
shall bear the cost of the additional fees entailed, witl} the exception
of first-class travel expenses , which shall be refunded by the Centre .
Article 3
The staff member may submit to the Invalidity Committee any reports or
certificates from his regular doctor or from any medical practitioners
whom he may have consulted.
The Invalidity Committee 's conclusions shall be communicated to the
Centre     and to the staff member concerned .
The proceedings of the Committee shall be secret ."
Article 16
Staff members serving at the Centre        on the date when this Regulation
enters into force may elect to remain covered by the social security scheme
originally provided for by Article 38 of Regulation No 1859/76, if it
was applicable to them , or to be affiliated to the new scheme introduced
by this Regulation, whichever shall be the more beneficial to them. The
choice must be made within the three months following the entry into force
of this Regulation and shall be irreversible . The scheme originally provided
under Article 38 of Regulatioh No 1859/76 shall remain in effect for the
period before such choice is made        thereafter if no choice is made within
that three–month period for reasons beyond the staff member 's control.
Article 17
This Regulation shall enter into force on the day following its publication
in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
                                                       For the Council
Done at Brussels ,                                     The President
 ---pagebreak---                                                                 Annex I
                            ANÏEX V
                 Insurance against Sickness ,
              Accident and Occupational Disease
Article 1
1.  Staff of the Centre       and those persons satisfying the conditions
laid down in Article 38(2), ( 3) and ( 4) of the Conditipns of Employment
of staff of the Centre       shall be affiliated to the Joint Sickness
Insurance Scheme of the institutions of the European Cpmmunities .
2.  The Rules on Sickness 'Insurance for Officials of the European
Communities shall apply to the abovementioned staff and persons and
those entitled under them .
Article 2
The Rules on insurance against the risk of accident and occupational
disease for officials of the European Communities shall apply to staff
of the Centre -                                  14
For the settlement of claims arising from those Rules for staff who have
sustained an accident or contracted an occupational disease , the powers
of the Director of the Centre       shall be exercised by the administrative
authority responsible for settling such claims in respect of accidents
sustained or occupational diseases contracted by officials of the European
Communities .
The European Communities shall pay to staff of the Centre       and to those
entitled under them the benefits provided for under those Rules .
                            t
 ---pagebreak---                                   - 2 -                             Annex VI
                            PENSION SCHEME
                              ' Section 1
                          GENERAL PROVISIONS
Article 1
Where the medical examination made before a staff member takes up his
duties shows that he is suffering from sickness or invalidity , the
Director may , in so far as risks arising from such sickness or invalidity
are concerned , decide to admit that staff member to guaranteed benefits
in respect of invalidity or death only after a period of five years
from the date of his entering the service of the Centre .
                                Section 2
                RETIRERENT PENSION AND SEVERANCE GRANT
                             Subsection 1
                          Retirement pension
Article 2
A retirement pension shall be payable on the basis of the total number
of years of pensionable service acquired by the staff member .     Each year
of service reckoned as provided for in Article 3 shall entitle him to
one year of pensionable service and each complete month to one twelfth
of a year of pensionable service .
The maximum number of years of pensionable service which may be taken into
account for the calculation of retirement pension rights shall be thirty-five .
Article 3
For the purpose of calculating years of pensionable service within the
meaning of Article 2 , the following shall be taken into account :
( a) the length of service as' a staff member counted from ( date of
entry into force of this Regulation) and time spent on leave for military
service after that date , provided that the person concerned has paid his
share of the pension contribution in respect of such periods of service .
 ---pagebreak---                                   - 3 -
 ( b ) the period taken into account for retirement , in accordance with
Article 10(2 ), provided that the actuarial equivalent or the sums repaid
to the staff member by another employer have been paid to the Community ,
as stipulated in Article 10 .
Article 4
A staff member who after leaving the service of the Centre        takes up
active employment again with the Centre       shall acquire further
pension rights .
He may request that , for the purpose of calculating his retirement pension
rights , the whole of his period of service in the Centre       be taken
into account , subject to his repaying any sums paid to him pursuant to
Article 11 or received by him by way of retirement pension , plus compound
interest at the rate of 3«5$ per annum .
Where the staff member , being entitled to a retirement pension , does not
repay the sums referred to in the preceding paragraph , a capital sum
representing the actuarial equivalent of his retirement pension as at the
date on which such pension ceased to be paid to him , together with
compound interest at the rate of 3«5i° Per annum , shall be paid to him
in the form of a deferred retirement pension payable at the age when he
ceases to perform his duties .
Article 5
The minimum subsistence figure for the purpose of calculating pension
benefits shall correspond to the basic salary of a staff member in
Grade D4 » step one .
Article 6
The actuarial equivalent of the retirement pension shall not be less than
the amount which the staff member would have received if Article 11 had
been applied to him .
Where the actuarial equivalent of the retirement pension payable in
accordance with the preceding provisions is less than this amount , the
staff member shall receive a retirement pension the actuarial equivalent
of which shall be equal to the amount provided for in the preceding paragraph .
 ---pagebreak---                                    - 4 -
                               »
Article 7
  Aotuarial equivalent of the retirement pension means the oapital value
of the benefits accruing to the staff member , calculated by reference to
the latest mortality tables compiled by the budgetary authorities of
the European Communities as referred to in Article 39 » the rate of
interest applicable being 3*5$ per annum .
Article 8
1 . A staff member leaving the service before reaching the age of 60 years
may request that his retirement pension :
– be deferred until the first day of the calendar month following
    that in which he reaches the age of 60 ; or
– be paid immediately ,  provided that he is not less than 50 years of
   age . In this case ,  the retirement pension shall be reduced by an
   amount calculated by  reference to the official 's age when he starts to
   draw his pension , as shown in the following tables
Pension payable on early retirement expressed in terms of the pension
                     payable on retirement at arre 60
           Retirement of age                       Coefficient
                  50                                0.50  678
                  51                                0.53  834
                  52                                0.57  266
                  53                                0.61  009
                  54                                0.65  099
                  55                                0.69  582
                  56                                0.74  508
                  57                                0.79  936
                  58                                0.85  937
                  59                                0.92 593
2 . Notwithstanding the provisions of Article 2 , a staff member who has
less than 35 years of pensionable service at the age of 60 years and who
continues to acquire pension rights under Article 3 shall , in respect cf
each year of service between, the age of £0 years and the age when he begins
to draw retirement pension, bs entitled tc an increase in pension equal to
5$ of the amount of pensicr. rights asquirsd by his at the age of 60 years ,
but so that hi .? total pensicn ---11 ~zt s=sse± 10% of hi- final "hasi-j sfelexy
as referred to in +-he se.ini              of Article 41 & cf the              cf
Etaployrowfce   Sach inon:..-; JLull lilccvas© "be partible    1=h« ©vent of death
of a staff member- who has            in the asrviee after the age of 60 jears .
 ---pagebreak---                                  - 5 -
Article 9
The right to receive payment of retirement pension shall have effeot from
the first day of the calendar month following that in which the staff
member , whether automatically or at his own request , becomes eligible
for that pension ;  he shall continue to receive his remuneration until
his pension becomes payable .
Article 10
1.   A staff member who leaves the service of the Centre       to enter
the service of a government administration or a national or international
organization which has concluded an agreement with the Centre
shall be entitled to have the actuarial equivalent of his retirement
pension rights in the Centre      transferred to the pension fund of the
administration or organization .
2 . A staff member who enters the service of the Centre        after leaving
the service of a government administration or of a national or international
organization or of an undertaking shall have the right , on completing
the probationary period laid down by Article 25 of the Conditions of
Employment , to pay to the Community either ;
– the actuarial equivalent of retirement pension rights acquired by him
in the government administration , national or international'i
                                                               organization
or undertaking ; or           i
– the sums repaid to him from the pension fund of the government administration ,
organization or undertaking at the date of his leaving its service .
In such case the institution in which the official serves shall , taking
into account his grade on establishment , determine the number of years of
pensionable service with which he shall be credited under its own pension
scheme in respect of the former period of service , on the basis of the
amount of the actuarial equivalent or sums repaid as aforesaid .
The option stated in the fi.rst subparagraph shall also be open to staff
members who entered the service before .... ( date when this Regulation
entered into force ), with regard to pension rights corresponding to the
period of their service w" ih the Centre      before that date .   The number
of years of pensionable service shall , however , be determined on the
basis of the grade and step held by the person concerned on •..*
( date when this Regulation entered into force).
 ---pagebreak---                              Subsection 2
                            SEVERANCE GRANT
Article 11
1 . A staff member aged less, than sixty years whose service terminates
otherwise than by reason of death or invalidity and who is not entitled
to a retirement pension and cannot benefit from the provisions of
Article 10(1 ) shall be entitled on leaving the service to payment of :
( a) the aggregate amount deducted from his basic salary in respect of
his pension contributions , plus compound interest at the rate of 3.5%
per annum ;
(b) provided that his engagement was not terminated pursuant to Article 47
of the Conditions of Employment , a severance grants proportionate to
his actual length of service since the Staff Regulations entered into
force , calculated on the basis of one and a half months for each year of
service of the last basic salary before deductions .    In cases covered
by Article 10(2), the period of former service shall likewise be deemed
to be actual service , to the extent of the number of years of pensionable
service credited to him in accordance with the second subparagraph of
Article 10(2);
( c) the total sum paid to the Centre ,      in accordance with Article 10(2 ),
where that sum corresponds to periods before .... ( date when this
Regulation entered into force ), and one third of that sum for the periods
after that date , plus compound interest at the rate of 3.5i° Per annum .
2 . The amounts paid pursuant to Article 37 below shall be deducted from
the grant referred to in paragraph 1(a), (b) and ( c).
 ---pagebreak---                                    - 7 -
                                 Section 3
                          ' INVALIDITY PENSION
Article 12
Subject to the provisions of Article 1 , a staff member aged less than
sixty-five years who at any time during the period in which he is acquiring
pension rights is recognized by the Invalidity Committee ( Annex I ) to
be suffering from total permanent invalidity and who is obliged on these
grounds to end his service' with the Centre       shall be entitled , for
so long as such incapacity persists , to invalidity pension as provided
for in Article 41b .
Invalidity pension and retirement pension shall not be paid concurrently .
Article 13
Entitlement to invalidity pension shall take effect on the day following
that on which the engagement of the staff member concerned was terminated
pursuant to Articles 45        46 of the Conditions of Employment .
Article 14
The Director may at any time require proof that the recipient of an
invalidity pension stil 1. satisfies the requirements for payment of the
pension .    Should the Invalidity Committee find that the requirements are
no longer satisfied , entitlement to the pension shall cease .
If the person concerned is not reinstated in the service of the Centre ,
he shall receive the grant provided for in Article 11 , calculated on the
basis of the period of service actually accomplished .
Article 15
Where L. sts.ff member wh- has bton drawing invalidity pension is reinstated
in the Centra -      the time during which he received such pension shall
be included for the purpose of calculating his retirement pension , without
payment by iiim of arrea.-^ of cont ri but ion^ .
 ---pagebreak---                                    - 8 -
                                 Section 4
                           SUÏÏVIVOR'S PENSION
                          »
 Article 1 6
 Where a staff member dies in service or on leave for military service
his widow shall "be entitled , provided that she has teen married to him
for at least one year at the time of his death and subject to the
provisions of Article 21 hereafter, to a widow's pension equal to 35i°
of the staff member's last basic monthly salary, which shall not be
 less than the minimum subsistence figure defined in Article 5 »
The duration of the marriage shall not be taken into account if there
are one or more children of the marriage or of a previous marriage of
the staff member provided that the widow maintains or has maintained
those children , or if the staff member 's death resulted either from
physical disability or sickness contracted in the performance of his
duties or from accident .
Article 17
Where a former staff member was in receipt of retirement pension his
widow shall be entitled , provided that she had been married to him for
 at least one year when he left the service of the Centre ,         and subjeot
 to the provisions of Article 21 , to a widow's pension equal to 60% of
the retirement pension which he was receiving at the time of his death .
The minimum widow's pension shall be 35i° of "the last basic salary and
 shall not be less than the minimum subsistence figure defined in Article 5
of this Annex ; the amount' of the widow's pension shall in no case ,
however, exceed the amount of the retirement pension which her husband
was receiving at the time of his death .
The duration of the marriage shall net be taken into ac.ccunt if there
 are one or more children of a marriage contracted, by the Etaff member
"before he left the service , provided that ths vidc..T siairiiains or has
maintained those children .
 ---pagebreak---                                      - 9 -
Article 18
'  1 "" ' «"" Ml                 i
 The widow of a former s-^aff member who left the service "before reaching
 the age of 60 years and requested that his retirement pension "be deferred
until the first day of the calendar month following that during       which
he reached the age of 60 years shall he entitled , provided that she had
"been married to him for at least one year when he left the service of
the Centre ,         and subject to the provisions of Article 21 to a widow * s
pension equal to 60% of the retirement pension which would have "been
payable to her husband at the age of 60 years .       The minimum widow 's
pension shall be 35^ of the last basic salary ?      the amount of the widow's
pension shall in no case , however , exceed the amount of the retirement -
pension to which the staff member would have been entitled, at the age
of 60 years .
The duration of the marriage shall not be taken into account if there
are one or more children of a marriage contracted by the staff member
before he left the service , provided that the widow maintains or has
maintained those children .
Article 19
For purpose of Articles 17 and 1o the duration of the marriage shall not
be taken into account where the marriage , though contracted after termination
of the official 's service , has lasted at least five years .
Article 20
1.      The orphan 's pension provided for in Article 41d(l ) of the Conditions
of Employment shall for the first orphan be equal to eight tenths of
the survivor 's pension to which the staff member 's widow would have been
entitled , the reductions set out in Article 25 being disregarded .
It shall not be less thaw the minimum subsistence figure , subject to the
provisions of Article 21 .
2.      The pension shall be increased , for each dependent child after the
first , by an amount equal to twice the dependent child allowance .
3.      The total amount of pension and allowance calculated in this way shall
be divided equally among the orphans entitled .,
 ---pagebreak---                                  - 10 -
Article 21
 where a staff member leaves a widow and also orphans of a previous
marriage or other persons entitled under him, the total pension, calculated
as if for a widow having all these persons dependent on her, shall "be
apportioned among the various persons concerned in proportion to the
pensions which would have "been payable to each category of them if treated
separately .
Where a staff member leaves orphans of different marriages , the total
pension , calculated as though all the children were of the same marriage ,
                                                          »
shall "be apportioned among the various persons concerned in proportion
to the pensions which would have been payable to each category of them
if treated separately .
For the purposes of calculating this apportionment , children of a previous
marriage of either spouse , who are recognized as dependants within the
meaning of Article 7 of Annex IV shall "be included in thg category of
children of the marriage to the staff member.
In the case envisaged in the second paragraph , ascendants who are recognized
                                                            't.
as being dependants as provided for in Article 7(4) of Annex IV shall be
treated in the same way as dependent children and , for the purpose of
calculating the apportionment , included in the category of descendants .
Article 22
Ity- special decision of the authority referred to m Article 41 h of the
Conditions of Employment , a pension calculated on the basis of Article 16
above may be granted to the widower of a female member of staff , provided
that he has no income of his own and subject to evidence that at his wife 's
death he was permanently incapacitated by invalidity or serious illness
from engaging in gainful employment . Article 41 f of the Conditions of
Employment shall apply by analogy. Payment of the pension shall cease
if the surviving husband remarries .
Article 23
Those entitled under -a deceased member of staff , as defined in this section,
shall also receive the grant provided for under Article 11 above .
 ---pagebreak---                                      - 11 -
Where a member cf 3 +     f dies leaving no survivors who qualify for a
survivor * s pension , tiie heirs shall "be entitled to receive the grant
provided for under Article 11 .
However , amounts paid pursuant to Article 37 shall be deducted from
the grant .
                                *
Article 24
The right to receive payment of survivor 's pension shall have effect
from the first day of the calendar month following that in which the
staff member died .
However , where the payment provided for in Article 36 of the Conditions
of Employment is made on the death of the staff member or of the person
entitled to a pension , such right shall take effect on the first day of
the fourth month followi- rg that in which death occurred .
The right to receive paynrrrfc of survivor 's pension shall cease at the end
of the calendar month in which the recipient of the pension dies or ceases
to satisfy the requirements for payment of the pension .
Article 25
Where the difference in a^e between the deceased staff member and his
surviving spouse , less tl~e length of time they have been married , is more
than ten years , the survivor 's pension , calculated in accordance with
the preceding provisions , shall be subject to a reduction , per full year
of difference , amounting to :
–     for the year between ten and twenty ;
–  2% for  the years  twenty up to but not including twenty-five ;
–  3% for  the years  twenty–five up to but not including thirty ;
–  4% for  the years  tl irt~r up to but not including thirty-five ;
–  5% for  the years  from hirty-five upwards .
Article 26
A widow 's entitlement to survivor 's pension shall cease on remarriage .
She shall b*j entitled to immediate payment of a capital sum equal to twice
the annual amount of her survivor 's pension , provided that the second
paragraph of Article 41d(2 ) of the Conditions of Employment does not apply .
 ---pagebreak---                                 - 12 -
Artide 27
The divorced wife of a staff member shall "be entitled on his death to
a survivor 's pension, as defined in this section , provided that the
court which pronounced the decree of divorce did not find that the
divorced wife in question was solely to blame .    This entitlement shall
cease if she remarries "before her former husband dies .   The provisions
of Article 26 shall apply if she remarries after her former husband dies .
Article 28
Where a divorced staff member who has remarried leaves a widow entitled
to survivor 's pension, that pension shall be divided , in proportion to
the duration of the marriages , between the divorced wife if she has not
remarried and the widow, if the court which pronounced the decree of
divorce did not find that the divorced wife was solely to blame . The
amount to which the divorced wife is entitled if she has not remarried
shall not be more than the amount of the maintenance awarded to her
under the decree .
If any of the persons entitled to pension dies or renounces her share ,
her share shall accrue to the shares of the other persons , except where
there are orphans' rights under Article 41d.(2 ) of the Conditions of
Employment .
Reductions in respect of difference in age , as ^provided for in Article 25 ,
shall be applied separately to pensions divided in accordance with this
Article .
Article 29
Where under Article 35 the divorced wife ceases to be entitled to a
pension, the total pension shall be payable to the widow, provided
Article 41d(2 ) of the Conditions of Employment does not apply.
                           »
 ---pagebreak---                                  - 13 -
                               Section 5
                     Funding of the Pension Scheme
Article 30
Salaries shall m all cases "be subject to deduction of the contribution
of the pension scheme provided for in Articles 41a to 41 h of the Conditions
of Employment and in Annex VI thereof .
Article 31
Contributions properly deducted shall not be refunded .    Contributions
wrongly deducted shall not confer the right to receive a pension ;   they
shall be reimbursed without interest at the request of the staff member
or of those entitled under him .
Article 32
The mortality and invalidity tables and the assumed salary increases for
use in calculating the actuarial values provided for in this Annex shall
be those adopted by the budgetary authorities of the European Communities
pursuant to Article 39 of Annex VIII to the Staff Regulations of Officials ,
                               Section 6
                         SETTLBMENT 0F CLAIMS
Article 33
The Director of the Centre       having delegated his powers , the administrative
authority referred to in Article 41h of "the Conditions of Employment shall
be responsible for settling claims to retirement , invalidity , survivor 's
or provisional pension .   A detailed statement of the calculation shall
be communicated to the staff member or to those entitled under him and to
the Centre     at the same time as the decision awarding the pension .
A retirement or invalidity pension shall net be paid concurrently with the
salary payable by the Centre       or by one of the institutions of the
European Communities .
 ---pagebreak---                                  - 14 -
The grant of a retirement , invalidity or survivor * s pension shall
not give entitlement to the . expatriation allowance .
Article 34
The amount of pension may at any time he calculated afresh if there has
been error or omission of any kind .
They shall he liable to modification or withdrawal if the award was
contrary to the provisions of the Conditions of Employment and of this
Annex .
Article 35
Where a staff member dies and those entitled under him do not apply for
their pension within one year from the date of his death , they shall lose
their entitlement , save where force majeure is duly established .
Article 36
A staff member or those entitled under him in favour of whom benefits
arise under this pension scheme shall furnish such written proof as may
be required and inform the administrative authority referred to in
Article 41 h of the Conditions of Employment of any facts liable to affect
their entitlement .
Article 37
Under conditions to be established by the Commission of the European
Communities staff may request the Centre        to make any payments necessary
to constitute or maintain their pension rights in their country of origin.
These payments shall not exceed 13 . 5$ of basic salary and shall be charged
to the budget of the Centre .
 ---pagebreak---                                  - 15 -
                                Seotion 7
                           PAYMENT OF BENEFITS
Article 38
Benefits under this pension scheme shall be paid monthly in arrears .
Benefits shall "be paid "by the Commission of the European Communities
out of the budget of the European Communities .
Beneficiaries may elect to have their pensions paid in the currency either
of their country of origin or of their country of residence or of the
country where the Centre       has its seat ;  their choice shall remain
operative for at least two years .
Where neither the country of origin nor the country of Residence is
a country of the Communities , benefits shall be paid i& the ourrency
of the country where the Centre       has its seat .
Article 39
Any sums due to the Centrei      from staff at the date when a benefit
is payable under this pension scheme shall be deducted from the amount
of their benefit or from the benefits payable to those entitled under
them .   The deduction may be spread over a number of months .
Article 40
Where the invalidity or death of a staff member is caused by a third
party , the rights of ac' ion of the staff member or of those entitled
under him against the third party shall vest in the Communities within
the limits of their obligations under this pension soheme .