CELEX: 51980PC0283
Language: en
Date: 1980-07-31
Title: PROPOSAL FOR A REGULATION INTRODUCING SPECIAL AND TEMPORARY MEASURES TO TERMINATE THE SERVICE OF OFFICIALS OF THE EUROPEAN COMMUNITIES IN CONSEQUENCE OF THE ACCESSION OF NEW MEMBER STATES (Presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 283
Vol. 1980/0105
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(80)283 final
                                                Brussels , 31 July 1980
                           T                I
                        I
                          \k ; &
                    PROPOSAL FOR A REGULATION
                                              y
                                / ,r . - "A
     INTRODUCING SPECIAL AND TEMPORARY MEASURES TO TERMINATE THE
     SERVICE OP OFFICIALS OF THE EUROPEAN COMMUNITIES HT CONSE- *
              QUENCE OF THE ACCESSION" OF NEW MEMBER STATES
              ( Presented "by the Commission to the Council )
       COM18O) 283 final
 ---pagebreak---    EXPLANATORY tfSYORANDUM
   I.    The purpose of the present proposal^ is to introduce special early
   retirecent arrangements for Community staff for a limited periq#! in order
   - to facilitate the recruitment of nationals of new Member States while
     obviating the need for radical changes in departmental structure
   – to help to establish a more balanced career profile for A officials .
   II#   Ihe present staff structure ( age structure and structure by grade )
   is virtually blocked for the next five to six years ; the main feature is
   a steady increase in average age at all . levels due in the main to inadequate
   promotion outlets .
   To remedy this situation and to allow nationals of new Member States to be
   integrated at e.11 levels without increasing the number of administrative units
   artificially or aggravating the existing imbalance by creating new posts or
   converting existing posts , A3 and A4 officials satisfying certain conditions
 - should be encouraged to retire early.     These measures , which would apply
   until 1;he end of 1986 , should gradually help to restore a satisfactory balance
   to staff structure .                    •
- III .    Contrary to the Commission 's proposal of 13 June 1979 ( OJ C 191 /9 of
   30 Juty 1979 ) which encourages all officials to apply for retirement once they
   reach the age of 60 (or 50 in the event of new Member States joining the Community ),
   the present proposal is confined to A3 and M officials who have been on the
   highest step in their grade for at least two years .     Ihe proposal is that these
   officials should take early retirement on a monthly allowance equal to 70$ .
   of their last basio salary .                               -
 ---pagebreak--- , TV . As regards thn allrvance itself , all things considered the present
  proposal is l3~3 generous than the arrangements applied to staff who.
  retired followiiig the merger (Chapter II of Regulation 259/68 of
  2f February 1968 , OJ L ^6 of 4 March 1968 ) and the 1973 enlargement
  (^hapter II of Regulation 2530/72 of 4 December 1972 , OJ L 272 of
  5 '.December 1972 ).
                                                                         «
  As regards the other benefits offered , notably in. the matter of family
  allowances and social security , its provisions are to all intents and
  purposes identical with those contained in the 1968 and 1972 regulations .
   V. The number of officials to whom these early retirement arrangements
  may be applied would be determined each year in the . light of appropriations
  earmarked for this purpose in the budget .
 ---pagebreak---                         PROPOSAL FOR A REGULATION
 INTRODUCING SPECIAL AND TEMPORARY MEASURES TO TERMINATE TKE SERVICE OF OFFICIALS
OF THE EUROPEAN COMMUNITIES IN CONSEQUENCE OF THE ACCESSION OF NEW KEMEER STATES
   ;                                      *
                         '                      '.         ■   .     .-.        ■ ' -
     'i                              ' ''                    "" • '         .
TEE ^COUNCIL OF THE EUROPEAN COMMUNITIES .
        vi
        %   -                     •             • '              ' •     -       -
Having regard fo the Treaty establishing a single Council and a single Commission
of thie jpuropean Communities , and in particular Article 24 thereof ;
Having regard to the proposal from the Commission made after consulting the
Staff '|Regulat ions Committee ;
Having -regard to the Opinion of the European Parliament ;                    -
Having ;regard to the Cjpinion of the Court of Justice , ■
Whereas , in consequence inter alia of the accession of new Member States
and the need tp establish a more balanced career profile for A officials ,
special termination of service measures should be adopted for a limited
period ;
HAS ADOPTED THIS REGULATION:
 ---pagebreak---                                       Article 1
 1.     In the interests of the service and m order to meet requirements
resulting from the access -i.cn to the European Communities of new Kemper
States and to help to establish a more balanced career profile the'
institutions ' of the European Communities are authorized until 31 December 19£6
   * I          !
to^adopt for officials in grades A3 and A4 who have been in the highest step
in their grade for at lea^t two years and are over 55 years of age measures
     '4                                  ■
terminating their service within the meaning of Article 47 of the Staff
Regulations under the conditions set out hereinafter .
2.      ^he number of officials to whom the measures provided for in paragraph 1
may be applied shall be fiiced annually by the budgetary authorities .
                                                        1 '                     Ù
 3.     The institution , after consulting the Joint Committee , shall draw up a
list of the officials to be affected by such measures taking into account the
 official 's; ability, efficiency, conduct in the service , family circumstances
and seniority.
 An official whose name appears on such a list may opt for termination of
 service as; provided for in paragraph 1 or for non-active status .     If the
 latter, Article 41 ( 3 ). (4 ) and (5 ) of the Staff Regulations shall apply.
 An official who proposes to opt for non-active status shall declare his
 choice within 1;w<; months from the date on which he was informed that he was
 to be allowed 1jo benefit from the measures provided for in paragraph 1 ;     in
 default , he shall forego the right to opt .
 ---pagebreak---                                               2a
    4.   If the   interests or the service permit , the institution shall give
    priority to officials who request that their service "be terminated, under
    paragraph 1 .                               *
    However , requests for termination of service made "by officials over
    60 years of ago shall be granted automatically.
  * 5.  The measures provided for in the preceding paragraphs are in no way
    disciplinary.
                       .
    6.  Until 31 December 1986 , but without prejudice to paragraph 3» the
    institution shall take no decision placing the officials referred to in
    paragraph 1 on non-^active status under the conditions set out in Article 41
    of the Staff Regulations *
5
 ---pagebreak---                                      - 3 -
                                 Article 2
1.    A former oil ^iz.s. aff-)c;ed -by the measures provided for in Article ,!
shall Ise entif .d to a monthly - allowance equal to 10% of the basic salary
for the grade and step xield at the time of departure , determined "by reference
to the salary scales in force on the first day of the month, for which the
allowance is payable .
2.   Entitlement to the " allowance shall cease not later than the last day of
the month in which the former official attains the age of 65 and' in any event
as soon as the former official is eligible for the maximum retirement pension
without the reduction provided for in Article 9 of Annex VIII. to the Staff
Regulations .
At that point the former official shall automatically receive a retirement
pension , which shall take effect on the first day of the calendar month
 following the month in which the allowance was paid for the last time .
 3.    The allowance provided for in paragraph 1 shall be adjusted by the weighting
 filed , on the basis of Articles 64 and 65(2 ) of the Staff Regulations , for the
 country in which the recipient shows that he is resident .
 If the recipient of the allowance resides in a country for which no weighting
 has been fixecl , the weighting to be applied to the allowance shall be that
 valid for Belgium.
 The allowance shall be expressed in Belgian francs .       It shall be paid in
 the currency of the country of residence of the recipient .       However , if it
 is subject to the weighting valid for Belgium under the second subparagraph
  it shall be paid in Belgian francs .                       '*
 The allowance paid in a currency other than the Belgian franc shall be
 calculated on the basis of the exchange rates specified in the second
 paragraph of ^irticle 63 of 'the Staff Regulations .
 ---pagebreak---  4 . Gross income accruing to the official concerned from any new employment
 shall pe deducted from the allowance provided for in paragraph 1 , in so far
 as that income plus that allowance exceeds the total gross ■ remuneration-,
last received by the official , determined by reference to the salary scales .
 in force an the first day of the month for which the allowance is payable . [
That remuneration shall "be weighted as provided for in paragraph 3 *        . ■j
Gross income and total gross remuneration last received , as referred to         i
above , mean sums paid after deduction of 'social security contributions .
but before deduction of tax .                                                   1
The official concerned shall provide any written proof which may be .
required and shall notify the institution of any factor which may affect         '
his right to payment ." '        '                                             .i .
                         '             ..        - • v        '                 i
                               •   . I                  '       ' ■  '          I
5 . Under the conditions set out in Article 67 of the Staff Regulations         j
and Articles 1,2 and 3 of Annex VII to the Staff Regulations family             !
allowances shall remain payable : • :
–. to recipients of the allowance provided for in paragraph 1 ; the household
    allowance shall be calculated by reference to the salary for active employment
  • carried by his grade and step ;
– notwithstanding Article 81 of the Staff Regulations , to the former
    official eligible under this Regulation for the maximum retirement    \
    pension before the age of 60 .
6.     Recipients of the allowance shall be entitled^ in respect of themselves and
persons! covered by their insurance , to benefits under the sickness insurance
scheme provided for by Article 72 of the Staff Regulations , provided they pay the
relevant contribution, calculated on the basis of the allowance provided for
in pars-graph 1 , and are not covered try- another scheme .
 ---pagebreak--- Once the formor official becomes eligible for a pension under the pension scheme
provided for J,n the Staff Regulations , he shall , for . the purposes of Article 72 ,
bq- : treated in the same way as an official who has remained in service until the
ag^ of 60.
7 . \ During the period for which he is entitled to receive the allowance , the
former official shall continue to acquire further rights to retirement pension
bas^d on the j;alary attaching to his grade and step , provided that he pays the
contributions provided for in the Staff Regulations during that period and
provided that the total pension does not exceed the maximum specified in the
second paragraph of Article 77 of the Staff Regulations .      For the purposes
of Article 5 of Annex VIII to the Staff Regulations and Article 108 of the
Rules and Regulations of the European Coal and Steel Community, such period ~
shall be considered to be a period of service .
A forcer official affected by the measure provided for in Article 1 shall
receive a retirement pension amounting to 35% of his basic salary if , when
be becomes eligible for a pension , his pension under the provisions of the
Staff Regulations and this Regulation is more than 30/o but less than 35&
where his pension under -the provisions of the Staff Regulations and this
Regulation is more than 20$ but less than 30$5, it shall be increased by 15$.,
 ---pagebreak--- If a former official is reinstated in an institution of the European Communities
and thus acquires further pension rights he shall cease during this further period
                                                              %
of service to "benefit from the provisions of the first subparagraph . However ,
for that part of the period referred to in the first subparagraph which is not
yet completed at the time of reinstatement , the official nay request that both >
his contribution to the pension scheme and his pension rights "be calculated
on the basic salary attaching to the grade and step reached in his previous
post .                                    '
8.     Subject to Article 22 of Annex VIII to the Staff Regulations , the surviving
spouse of a former official who dies while . in receipt of the monthly allowance
provided for in paragraph 1    shall "be entitled , provided tKat he or che had been
his or her spouse for at least one year when the former official left the
service of an institution, to a survivor 's pension equal to 60fo of the retirement
pension which, irrespective of length of service , would have been payable to the
former official if he had qualified for it at the time of death .
The amount of the survivor 's pension referred to in the previous subparagraph
shall ,not be less than the amounts specified in the second paragraph of
                                /
Article 79 of the Staff Regulations . However , in no case may it exceed the
amount of the first payment of retirement pension to which the former official
would ,have been entitled had he been granted a retirement pension when he
ceased to be eligible for the allowance provided for in paragraph. 1 .
 ---pagebreak---                                        - 7 -
   The duration of the nari ia 4-o chaj.l not "be taken into account if there are one
  or more children t-f a uarr^o^e contracted by the official "before he or she left
  the service provided th :-t 'ihe surviving * spouse maintains or has maintained
  those children .
      S ■
  The , sane shall apply if the former official 's death resulted from one of "
  the .circumstances referred to at the end of the second paragraph of Article 17
, of Annex VIII to the Staff Regulations .
                                  * ■
  9.      On the death of a former official in receipt of the allowance provided
  for in paragraph 1 , dependent children within the meaning of Article 2 of
  Annex VII to the Staff Regulations shall "be entitled to an orphans * pension
  under the conditions set out in the first , second and third paragraphs of
  Article 80 of the Staff Regulations and in Article 21 of Annex VIII to the
  Staff Regulations .
  10 .     To qualify for a resettlement allowance , the official concerned shall
  not be required to satisfy the condition regarding length of service referred ,
  to in the first subparagraph of Article 6(l ) of Annex VII to the Staff Regulations .
  11 .     For the purposesof Article 107 of the Staff Regulations and of
  Article 102(2 ) of the Staff Regulations of Officials of the European Coal and
  Steel Community , an official affected by the measure referred to in Article 1
  shall be treated as an official to whom the provisions of Articles 41 and 50
  of the .Staff Regulations have been applied . .
                                      Article 3                              ■  I V
   1.     The officials referred to in the last subparagraph of Article 2 of
  Regulation (ESC , Euratom, ECSC ) No 259/68 and in Article 102(5 )        the
   Staff Regulations to whom the measures provided for in Article 1 are applied
  nay request that their remuneration be determined in accordance with Article 34
   of the Staff Regulations of the European Coal and Steel Community and
 ---pagebreak---                                               - 8 -
Article 50 of the Rules and Regulations of the European Coal and Steel .
Comnuflity.        *               . '   *
                                    ■  1   ■*   ' " •
2 .- However , the provisions of Article 2(3 ), (5 )» ( 6 )» (8 ) and ( 9 ) of this
Regulation shall continue to apply to the officials referred to in this
Article and those entitled tinder them .
                               Article 4
This Regulation shall eater into force on the day following its publication
in the Official Journal of the European Communities .