CELEX: 51979PC0203
Language: en
Date: 1979-06-11
Title: PROPOSAL FOR A COUNCIL REGULATION ( ECSC, EEC, EURATOM ) AMENDING THE STAFF REGULATIONS OF OFFICIALS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES

30. 7. 79                             Official Journal of the European Communities                              No C 191/9
              Proposal for a Council Regulation (ECSC, EEC, Euratom) amending the Staff Regulations
              of officials and the conditions of employment of other servants of the European
                                                       Communities
                             (Submitted by the Commission to the Council on 13 June 1979)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            'The official shall furnish such written proof as may
                                                                    be required and inform the institution of any facts
                                                                    liable to affect his entitlement.
Having regard to the Treaty establishing a single
Council and a single Commission of the European                      The allowance and the total remuneration last
Communities, and in particular Article 24 thereof,                   received, as referred to in the fourth subparagraph,
                                                                     shall be weighted at the rate fixed for the country
Having regard to the proposal from the Commission,                   inside or outside the Communities where the
submitted after consulting the Staff Regulations                     recipient proves he has his residence.
Committee,
                                                                     If the recipient establishes his residence in a country
Having regard       to the opinion of       the European             for which ho weighting has been fixed, the weighting
Parliament,                                                          for Belgium shall be applied.
Having regard to the opinion of the Court of Justice,
                                                                    The allowance shall be expressed in Belgian francs.
Whereas Articles 2 and 3 of Council Regulation (EEC,                It shall be paid in the currency of the country of
Euratom, ECSC) No 259/68 (1), as last amended by                    residence of the recipient.
Regulation (Euratom, ECSC, EEC) No 3085/78 (2), lay
down the Staff Regulations of officials and the                      Allowances paid in a currency other than the Belgian
conditions of employment of other servants of the                    franc shall be calculated at the exchange rates
European Communities respectively; whereas it is for                 specified in the second paragraph of Article 63.'
the Council, acting by a qualified majority on a
proposal from the Commission and after consulting the
other institutions concerned, to amend the Staff
Regulations and the conditions of employment;
                                                                                           Article 2
Whereas, in the light of experience gained in applying
the said Staff Regulations and tfre said conditions of           The fifth paragraph of Article 50 is replaced by the
employment and of developments in the Member States,             following:
particularly in respect of pensions and social security,
certain provisions thereof should be amended,                         'The provisions of the fifth to ninth subparagraphs
                                                                      of Article 41(3) shall apply.'
HAS ADOPTED THIS REGULATION:                                                               Article 3
                                                                 In Article 52 the phrase after the word 'retired' is
                         CHAPTER 1
                                                                 replaced by the following:
Amendments to the Staff Regulations of officials of the
                                                                      '— either automatically on the last day of the
                  European Communities
                                                                           month in which he reaches the age of 65,
                                                                       — or at his own request on the last day of the
                          Article 1                                        month in which he reaches the age of 60; if this
                                                                           request was submitted within six months of the
 The fifth subparagraph of Article 41 (3) is replaced by                   official's 60th birthday, he shall be eligible for
 the following subparagraphs:                                              the increase referred to in Article 5 of Annex
                                                                           VIII,
                                                                       — or at his own request on the last day of the
(!) OJ N o L 56, 4. 3. 1968, p. 1.                                         month in respect of which the request was
(2) OJ N o L 369, 29. 12. 1978, p. 6.                                      submitted where he is at least 60 years of age or
 ---pagebreak--- No C 191/10                            Official Journal of the European Communities                                 30. 7. 79
        where he is between 50 and 60 years of age and                'Entitlement as provided for in the first, second and
         satisfies the requirements for immediate                     third paragraphs shall apply in the event of the
        payment of a pension in accordance with                       death of a former official entitled to an allowance
         Article 9 of Annex VIII.                                     under Article 50 of the Staff Regulations, Article 5
         The second sentence of the second paragraph of               of Regulation (EEC, Euratom, ECSC) No 259/68,
         Article 48 shall apply by analogy.'                          Article 3 of Regulation (Euratom, ECSC, EEC)
                                                                      No 2530/72 or Article 3 of Regulation (ECSC,
                                                                      EEC, Euratom) No 1543/73, and in the event of the
                                                                      death of a former official who left the service before
                                                                      reaching the age of 60 and requested that his
                          Article 4                                   retirement pension be deferred until the first day of
                                                                      the calendar -month following that in which he
In Article 53 the words following the phrase 'the                     reached the age of 60.'
provisions of Article 78 apply' are replaced by 'shall
automatically be retired on the last day of the month in
which the appointing authority recognizes his
permanent incapacity to perform his duties.'                                                Article 8
                                                                 In Title V the following Article 81a is inserted after
                                                                 Article 81:
                         Article 5
Article 73 (4) is deleted.                                           'Article 81a
                                                                     1. Notwithstanding any other provisions, notably
                                                                    those concerning the minimum amounts payable to
                                                                    persons entitled to a survivor's pension, the total
                          Article 6
                                                                    amount payable by way of survivor's pension plus
                                                                     family allowances less tax and other compulsory
In Article 79:
                                                                     deductions to the widow and other entitled persons
                                                                     may not exceed the following:
1. In the first paragraph the words 'or of age' are
    inserted after 'irrespective of length of service'.
                                                                     (a) in the event of the death of an official having one
2. In the second paragraph the phrase 'with the                           of the administrative statuses set out in Article
    exception of leave on personal grounds for the                       35 of the Staff Regulations, the amount of the
    period during which, pursuant to Article 40 (3), no                   remuneration which the official would have
    pension rights have been acquired' are deleted.                       received in his grade and step if he had still been
                                                                          in the service, less tax and other compulsory
                                                                          deductions, together with any allowances
3. The following third paragraph is added:                                received by him in accordance with Section 3 of
                                                                         Annex VII;
    'Nor shall this amount be less than 42% of the final
    basic salary received by the official where death is
    due to one of the circumstances set out in the                  (b) for the period following the date on which the
    second paragraph of Article 78.'                                     official referred to at (a) above would have
                                                                         reached the age of 65, the amount of the
                                                                         retirement pension to which he would have been
                                                                         entitled thereafter, had he been alive, based on
                          Article 7                                      his grade and step at the time of death, plus the
                                                                         family allowances which he would have received,
In Article 80:                                                           less tax and other compulsory deductions;
— in the second paragraph the words 'recipient of are               (c) in the event of the death- of a former official
    replaced by the words 'spouse in receipt of',                        entitled to a retirement pension or to an
— in the fourth paragraph, the phrase 'or a former                       invalidity pension, the amount of the pension to
    official entitled to a retirement pension or to an                   which he would have been entitled, had he been
    invalidity pension' is inserted after the phrase 'on an              alive, subject to the allowances and deductions
    official' and the phrase 'not being an official of the               set out at (b) above;
    Communities' is replaced by the phrase 'not being
    an official or a member of the temporary staff,
                                                                     (d) in the event of the death of a former official who
— the following fifth paragraph is added:                                 left the service before reaching the age of 60 and
 ---pagebreak--- 30. 7. 79                               Official Journal of the European Communities                             No C 191/11
         requested that his retirement pension be deferred            Pensions expressed in Belgian francs shall be paid in
         until the first day of the calendar month                    one of the currencies referred to in Article 45 of
         following that in which he reached the age of 60,            Annex VIII in manner provided in the second
         the amount of the retirement pension to which                paragraph of Article 63.'
         he would have been entitled at the age of 60,
          had he been alive, subject to the allowances and
         deductions set out at (b) above;
                                                                                            Article 10
    (e) in the event of the death of an official or a              The following Chapter 5 and Article 85a are inserted
         former official entitled to an allowance under            after Article 85:
         Article 41 orArticle50 of these Staff Regulations,
         Article 5 of Regulation (EEC, Euratom, ECSC)
         No 259/68, Article 3 of Regulation (Euratom,
         ECSC, EEC) No 2530/72 or Article 3 of                                               'CHAPTER 5
         Regulation (ECSC, EEC, Euratom) No 1543/73,
         the amount of the allowance to which he would                       Subrogation in favour of the Communities
         have been entitled, had he been alive, subject to
         the allowances and deductions set out at (b)
         above;                                                       Article 85a
                                                                       1. Where the death, accidental injury or sickness of
    (f) for the period following the date on which the                a person covered by these Staff Regulations is caused
         former official referred to at (e) above would               by a third party, the Commission shall, in respect of
         have ceased to be entitled to the allowance, the             the obligations incumbent upon them under the Staff
         amount of the retirement pension to which he                 Regulations consequent upon the event causing such
         would have been entitled on that date, had he                 death, injury or sickness, stand subrogated to the
         been alive, subject to the allowances and                     rights, including rights of action, of the victim or of
         deductions set out at (b) above.                              those entitled under him against the third party.
                                                                       2. The subrogation provided for by the foregoing
    2. For the purposes of paragraph 1, weightings
                                                                      paragraph shall extend inter alia to the following:
    shall be disregarded.
                                                                      — continued payment of remuneration in
                                                                           accordance with Article 59 to the official during
    3. The maximum             amount as defined in                        the period when he is temporarily unfit to work,
    subparagraphs (a) to (f) above shall be apportioned
    among the persons entitled to survivor's pension in                — payments effected in accordance with Article 70
    proportion to their respective entitlements,                           following the death of an official or of a former
    paragraph 1 being disregarded for this purpose.                        official entitled to a pension,
                                                                       — benefits paid under Articles 72 and 73 and their
                                                                           implementing rules, relating to insurance against
    The second, third and fourth subparagraphs of
                                                                           sickness and accident,
    Article 82 (1) shall apply to the amounts thus
    apportioned.'                                                      — payment of the costs involved in transporting the
                                                                           body, as referred to in Article 75,
                                                                       — supplementary family allowances paid in
                                                                           accordance with Article 67 (3) and with Article 2
                          Article 9
                                                                            (3) and (5) of Annex VII in respect of a
                                                                           dependent child suffering from serious illness,
 The second subparagraph of Article 82 (1) is replaced
                                                                           infirmity or handicap,
 by the following:
                                                                       — invalidity pensions paid in the event of accident
                                                                           or sickness resulting in permanent invalidity
     'They shall be weighted at the rate fixed for the                     preventing the official from performing his
     country inside or outside the Communities where the                   duties,
     recipient proves he has his residence.
                                                                       — survivor's pensions paid in the event of the death
                                                                            of an official or of a former official or the death
     If the recipient establishes his residence in a country                of the spouse of an official or of a former official
     for which no weighting has been fixed, the weighting                   entitled to a pension, where the spouse is not an
     for Belgium shall be applied.                                          official,
 ---pagebreak--- No C 191/12                            Official Journal of the European Communities                                30. 7. 79
   — orphan's pensions paid regardless of age to the                                     Article 1S
         child of an official or former official prevented
         by serious illness, infirmity or handicap from          In Annex VIII, Article 4 is replaced by the following:
         earning a livelihood after the death of the person
         on whom he was dependent.                                   'Article 4
                                                                     An official who having previously completed a
                                                                     period of activity in the service of one of the
   3. However, the Communities shall not be                          institutions either as an official or as a member of
   subrogated to rights of compensation in respect of                the temporary staff resumes active employment with
   purely personal damage such as non-material injury,               a Community institution shall acquire further
    damages for pain and suffering or compensation for               pension rights. He may request that, for the purpose
    disfigurement and loss of amenity over and above                 of calculating his pension rights, the whole of this
   the allowance granted under Article 73. Under no                  period of service as an official or a member of the
    circumstances shall subrogation be to the detriment              temporary staff be taken into account, subject to his
   of the official.'                                                 repaying any sums paid to him pursuant to Article
                                                                     12 below or to Article 39 of the conditions of
                                                                     employment of other servants or received by him by
                                                                     way of retirement pension, plus compound interest
                                                                     at the rate of 3 5% per annum.
                          Article 11
                                                                     Where the official, being entitled to a retirement
Article 105 is repealed.
                                                                     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 paid to
                          Article 12                                 him, plus compound interest at the rate of 3 5% per
                                                                     annum, shall be paid to him in the form of a
In the first and second indents of paragraph 2 and in                deferred retirement pension payable at the age when
paragraphs 4-4.6 6 of Article 107, '65' is replaced                  he ceases to perform his duties.
by'60'.
                                                                     Where an official, on terminating his service, is
                                                                     entitled to a severance grant, this grant shall be
                                                                     reduced by the amount of the payments made under
                                                                     Article 42 of the conditions of employment of other
                          Article 13                                 servants; where he is entitled to a retirement
                                                                     pension, his pension rights shall be reduced in
The following Article 107a is inserted after Article 107:            proportion to the payments made under that
                                                                     Article.'
    'Article 107 a
   The provisions of Article 107, as in force until                                       Article 16
             shall continue to apply to officials covered by
   the said provisions who remain in service after the            Article 5 of Annex VIII is replaced by the following:
    age of 60.'
                                                                     'Article 5
                                                                     Notwithstanding the provisions of Article 2, an
                                                                     official who, having one of the administrative
                          Article 14                                 statuses set out in Article 35 of the Staff Regulations
                                                                     and having less than 35 years of pensionable service
The final paragraph of Article 2 of Regulation (EEC,                 at the age of 60 has, at his own request, been
Euratom, ECSC) No 259/68, under which Articles 93                    permitted to retire in accordance with the second
to 105 of the Staff Regulations of officials of the                  indent of Article 52 of the Staff Regulations, shall be
European Coal and Steel Community continue to apply,                 entitled to an increase in pension equal to one
shall have effect as if it replaced the reference to 65               quarter of the pension rights already accruing to
years of age in Article 102 (2) (b), (d), (e) and (f) of the         him. He shall also be entitled to an increase in
said Staff Regulations by a reference to 60 years of age.            pension corresponding to two and a half years of
                                                                     pensionable service, but so that his total pension
                                                                      shall not exceed 70% of his final basic salary
The said Article 102, as in force until               , shall         calculated in accordance with the second or third
continue to apply to officials covered by it who remain               paragraph, whichever is applicable, of Article 77 of
in service after the age of 60.                                       the Staff Regulations.'
 ---pagebreak--- 30. 7. 79                               Official Journal of the European Communities                            No C 191/13
                           Article 17                                    who, during the five years following the
                                                                         accession of a new Member State, provides proof
In Annex VIII the following Article 5a is inserted after                 that he is between the ages of 50 and 60. For the
Article 5:                                                               purposes of Articles 72 and 81 of the Staff
                                                                         Regulations, such official shall be deemed to
                                                                         have remained in the service of the Communities
    'Article 5a                                                          until the age of 60.'
    The provisions of Article 5 of Annex VIII, as in force
    up to               , shall continue to apply:
   — to an official who, having one of the                                                Article 19
        administrative statuses set out in Article 35 of
        the Regulations on . . . . remains in service after        The following paragraph is added to Article 11 of
        the age of 60,                                             Annex VIII:
   — to a former official entitled after the age of sixty
                                                                      '3. An official who, having exercised all the rights
        to an allowance under Article 50 of the Staff
                                                                      which he enjoys under paragraph 2, still cannot
         Regulations, Article 5 of Regulation (EEC,
                                                                      have a number of years of pensionable service
         Euratom, ECSC) N o 259/68, Article 3 of
                                                                      credited to him which is equivalent to the number of
         Regulation (Euratom, ECSC, EEC) N o 2530/72
                                                                      working years in respect of which he has made the
        or Article 3 of Regulation (ECSC, EEC,
                                                                      payment specified in paragraph 2, may request that
         Euratom) N o 1543/73.
                                                                      the remaining years be taken into account.
    However, in the case of the official referred to in the
                                                                      An official who by reason of the nature of his
    first indent, who, being aged over 60 on . . . , is at his
                                                                      employment prior to appointment as an official is
    own request granted a retirement pension before the
                                                                      not eligible for the procedure of paragraph 2 may,
    age of 65, the increase in pension received pursuant
                                                                      in so far as he is not already entitled to a pension in
    to Article 5 of Annex VIII as in force up to
                                                                      respect of the years during which he was so
    shall be made up to one quarter of the amount of
                                                                      employed, request that those years be credited to.
    pension rights acquired by him at the age of 60.
                                                                      him.
    The beneficiary shall also receive an increase                    An official may take advantage of the facility
    corresponding to half the years of pensionable                    offered in the two foregoing subparagraphs upon
    service which he would have acquired had he                       payment of the relevant sum by way of monthly
    remained in service until the age of 65, excluding                deductions      from     his   remunerations;     these
    however any other increase provided for under the                 instalments may not exceed the rate laid down in
    former provisions of Article 5 of Annex VIII, but so              Article 83 (2) of the Staff Regulations, for which
    that his total pension shall not exceed 70% of his                purpose weightings shall be disregarded, and his
    final basic salary calculated in accordance with the              total pension may not exceed t h e . maximum
    second or third paragraph, whichever is applicable,               retirement pension provided for in Article 77 of the
    of Article 77 of the Staff Regulations.'                          Staff Regulations.
                                                                      For every three years of monthly payments as
                           Article 18                                 specified above the official shall be credited with
                                                                      one year of pensionable service. For every fraction
In Article 9 of Annex VIII:                                           of threee years he shall be credited with a
                                                                      corresponding fraction of one year of pensionable
                                                                      service. If the deductions are lower than the rate
    — in the first sentence the phrase 'or having left' is            specified in the foregoing subparagraph, the period
         inserted after the word 'leaving',                           to be credited shall be reduced proportionately.
    — the following paragraph is added:
                                                                      The procedure to be followed and the transitional
         'The above coefficients shall not, however, be               measures whereby officials who are unable to make
         applied to the retirement pension granted at the             the necessary number of payments before retirement
         official's own request, in accordance with rules             shall be able to transfer their pension rights shall be
       v to   be adopted by agreement between the                     fixed by each institution. The number of years
         institutions, to an official having one of the               credited on this basis may not however exceed one
         administrative statuses set out in Article 35 of             third of the number of years spent in the service of
         the Staff Regulations prior to his retirement                the institutions.'
 ---pagebreak--- No C 191/14                           Official Journal of the European Communities                                 30. 7. 79
                         Article 20                                                       Article 23
The first paragraph of Article 14 of Annex VIII is               In Article 19 of Annex VIII the words 'subject to the
replaced by the following:                                      provisions of Article 22 and' are inserted after 'shall be
                                                                 entitled'.
     T h e right to receive payment of invalidity pension
     shall have effect from the first day of the calendar
     month following the official's retirement under                                      Article 24
     Article 53 of the Staff Regulations.'
                                                                 In Article 20 of Annex VIII, the words 'Articles 18 and
                                                                 19' are replaced by 'Articles 17a, 18, 18a and 19'.
                         Article 21
In the first paragraph of Article 17 of Annex VIII the                                    Article 25
words 'or of age' are inserted after 'irrespective of
length of service'.                                              In the first paragraph of Article 23 of Annex VIII the
                                                                 word 'or' is inserted at the end of the second indent and
                         Article 22                              the following third indent is added
The following new Article 17a is inserted after Article               '— where the official's death occurs in one of the
17 of Annex VIII:                                                          circumstances     described    in   the   second
                                                                           paragraph of Article 78 of the Staff
    'Article 17a                                                           Regulations, half the invalidity pension to
                                                                           which the official would have been entitled if,
    Subject to the provisions of Article 1(1) and Article                  had he not died, he would have suffered from
    22, the widow of a former official who was removed                     total permanent invalidity'.
    from his post or whose service was terminated by
    virtue of Regulation (EEC, Euratom, ECSC)
    No 259/68, (Euratom, ECSC, EEC) No 2530/72 or                                         Article 26
    (ECSC, EEC, Euratom) No 1543/73 and who died
    whilst in receipt of a monthly allowance under               Article 27 of Annex VIII is amended to read as follows:
    Article 50 of the Staff Regulations or under one of
    the abovementioned Regulations shall be entitled,                'The divorced wife of an official or a former official
    provided that she had been married to him for at                 shall be entitled on his death to a survivor's pension,
    least one year when he left the service of an                    as defined in this Chapter, provided that the Court
    institution, to a widow's pension equal to 60% of                which pronounced the decree of divorce did not find
    the retirement pension to which her husband would                that the divorced wife was solely to blame.
    have been entitled if he had qualified, irrespective of
    length of service or of age, for such pension at the             The divorced wife must also prove on the death of
    time of death.                                                   her former husband that she is entitled to receive
                                                                     maintenance from her former husband in her own
    The amount of the widow's pension provided for in                right by virtue of a court order or as a result of a
    the preceding paragraph shall not be less than the               settlement between herself and her former husband.
    amount provided for in the second paragraph of
    Article 79 of the Staff Regulations. The amount of               The survivor's pension may not, however, exceed the
    the widow's pension shall in no case, however,                   amount of such maintenance, the amount having
    exceed the amount of the first payment of the                    being adjusted in the same way as the survivor's
    retirement pension to which the former official                  pension.
    would have been entitled assuming that, had he
    stayed alive and exhausted his rights to one or other            The divorced wife's entitlement shall cease if she
    of the abovementioned allowances, he would have                  remarries before her former husband dies. The
    been entitled to a retirement pension.                           provisions of Article 26 shall apply if she remarries
                                                                     after her former husband dies.'
    The duration of the marriage shall not be taken into
    account if there are one or more children of a
    marriage contracted by the official before he left the                                Article 27
    service, provided that the widow maintains or has
    maintained those children.                                   The first paragraph of Article 28 of Annex VIII is
                                                                 replaced by the following:
    Nor shall the duration of the marriage be taken into
    account if the former official's death occurs in one of            'Where the deceased official leaves more than one
    the circumstances described in the second paragraph                divorced wife entitled to survivor's pension or one
    of Article 17.'                                                    or more divorced wives and a widow entitled to a
 ---pagebreak--- 30. 7. 79                              Official Journal of the European Communities                              No C 191/15
     survivor's pension, that pension shall be divided in        inserted after 'official's' (as the case may be) in the first
     proportion to the duration of the marriages. The             subparagraph of Article 21 (1), the third paragraph of
     provisions of the second and third paragraphs of            Article 22, the first and last paragraphs of Article 23,
     Article 27 shall apply.'                                    the first sentence of Article 24, Article 25, the second
                                                                 paragraph of Article 34, Article 42 and Article 46 of
                                                                  Annex VIII.
                        Article 28                               2. The words 'the official' are replaced by 'the former
                                                                  official' or the words 'the official's' are replaced by 'the
In Article 30 of Annex VIII the words 'in active                  former official's' (as the case may be) in the second and
employment' are replaced by the words 'having one of              third paragraphs of Article 14, Articles 15 and 16, the
the statuses listed in Article 35 of the Staff Regulations';      second paragraph of Article 18 (a), the second indent of
(the second amendment does not affect the English                 Article 23, and Articles 31 and 43 of Annex VIII.
version).
                                                                                           Article 34
                                                                  The last paragraph of Article 45 of Annex VIII is
                        Article 29                                deleted.
(This amendment does not affect the English version).                                      Article 35
                                                                  Article 47 of Annex VIII is deleted.
                        Article 30
                                                                                          CHAPTER 2
The following new Article 31a is inserted after
Article 31 of Annex VIII:
                                                                 Amendments to the conditions of employment of other
    'Article 31a                                                                 servants of the Communities
    The spouse or persons recognized as dependants of a
    former official within the meaning of Article 18a of                                   Article 36
    Annex VIII, or of a former official entitled to an
    allowance either under Article 50 of the Staff                A second paragraph is added to Article 13, reading as
    Regulations or under Regulations (EEC, Euratom,               follows:
    ECSC) No 259/68 or (Euratom, ECSC, EEC)
                                                                       'Article 33 of the Staff Regulations shall apply by
    No 2530/72 or (ECSC, EEC, Euratom) No 1543/73
                                                                       analogy.'
    may, if the former official's whereabouts are
    unknown for more than one year, provisionally
    receive the survivor's pension to which they would                                     Article 37
    be entitled under this Annex.'                                Article 15 is amended as follows:
                                                                  1. The two former            paragraphs     are   joined   as
                        Article 31                                     paragraph 1.
(This amendment does not affect the English version.)             2. The following new paragraph is added:
                                                                       '2. Article 43 of the Staff Regulations, concerning
                                                                       reports, shall apply by analogy to servants within
                         Article 32                                    the meaning of Article 2 (a), (c) and (d).'
 In Article 33 of Annex VIII:                                                              Article 38
— a reference to Article 31a is inserted between the              In the second paragraph of Article 16, the words 'not
     references to Articles 31 and 32,                            less than one month' are replaced by 'not less than 12
                                                                  months'.
— the words 'or pensioner' are replaced by the words
     'or former official'.                                                                Article 39
                                                                  The last paragraph of Article 28 is replaced by the
                                                                  following:
                         Article 33
                                                                      'If a member of the temporary staff proves that he
 1. The words 'or former official' are inserted after the             cannot obtain cover under any other public sickness
word 'official' or the words 'or former official's' are               insurance scheme, he may, on application made at
 ---pagebreak--- No C 191/16                            Official Journal of the European Communities                                  30. 7. 79
     the latest within one month following the expiry of             compulsory unemployment insurance scheme in the
     his contract, continue to benefit from the sickness             Community country in which he establishes his
     cover provided for in the first paragraph of this               residence. He shall be subject to the control and
     Article, for a period of not more than six months               payment procedures laid down by the scheme; the
     after the expiry of his contract. The contributions             institution shall reimburse the scheme for the sum
    provided for in Article 72 (1) of the Staff                      paid in benefits.'
    Regulations shall be based on his last basic salary
    and half thereof shall be charged to him.                                              Article 42
    The appointing authority may, after obtaining the             A further paragraph as follows is added to Article 32:
    advice of the institution's medical officer, decide that
    the one-month time limit within which the                         T h e servant may appeal against this decision to the
    application must be made in accordance with the                   Invalidity Committee provided for in Article 9 (1) of
    preceding paragraph shall not apply where the                     the Staff Regulations.'
    person concerned is suffering from a serious or
    protracted illness contracted during his employment,                                   Article 43
    which he has reported to the institution before the
    end of the six-month period provided for in the               Article 33 is amended as follows:
    preceding paragraph, on condition that the person
    concerned undergoes a medical examination                     1. In the third subparagraph of paragraph 1, the words
    arranged by the institution.'                                     'by 2% for each year of pensionable service with
                                                                      which he has been credited under Article 11 (2) and
                                                                      (3) of Annex VIII of the Staff Regulations and' are
                         Article 40                                   inserted after the words 'this rate shall be increased'.
The following new Article 28a is inserted after Article           2. The last subparagraph of paragraph 1 is replaced by
28:                                                                   the following:
                                                                      'Persons entitled to an invalidity pension shall also
    'Article 28a                                                      be entitled to the family allowances provided for in
    A former member of the temporary staff who after                  Article 67 of the Staff Regulations, in accordance
    the expiry of his contract is eligible for                        with Annex VIII of the Staff Regulations; household
    unemployment benefit or who would be eligible if he               allowance shall be determined on the basis of the
    were not suffering from incapacity for work shall be              recipient's pension.'
    covered against sickness and maternity risks under
    the compulsory social security scheme of the country          3. Paragraph 4 is amended as follows:
    in which he establishes his residence as regards:                 (a) The second subparagraph is replaced by the
   — the allowances provided for by that scheme in                        following:
         the event of incapacity for work,                                 'If a servant is not re-engaged by the
                                                                           Communities, he shall be entitled, at his own
   — payments other than those allowances, provided                        option:
         for by the scheme in the event of sickness or
         maternity.                                                        — either to the severance grant provided for in
                                                                               Article 39 calculated on the basis of the
    Where the former member of the temporary staff is                          actual length of service;
    entitled to the benefits referred to in the second                     — or, where he is a servant within the meaning
    indent of the foregoing paragraph, his dependants                          of Article 2 (a), (c) or (d) and has reached
    shall be entitled to the same benefits.                                    the age of at least 50 years, to a retirement
                                                                               pension in accordance with Chapter 3 of
    The      control,   payment      and    reimbursement                      Title V of the Staff Regulations and Annex
    procedures shall be similar to those described in the                      VIII to the Staff Regulations.'
    second sentence of Article 28b.'
                                                                      (b) The following third subparagraph is inserted:
                                                                           'The time during which he received invalidity
                         Article 41                                        pension shall be included for the purpose of
                                                                           calculating his retirement pension, without
The following new Article 28b is inserted after                            payment by him of arrears of contributions.'
Article 28a:
                                                                                          Article 44
   'Article 28b
                                                                 Article 34 is amended as follows:
   A former member of the temporary staff shall be
   entitled to unemployment benefit under the                     1. The last sentence of the first paragraph is deleted.
 ---pagebreak--- 30. 7. 79                              Official Journal of the European Communities                              No C 191/17
2. The second paragraph is deleted.                                   with Article 2 of Annex VII to the Staff Regulations
                                                                      shall be entitled to an orphan's pension on the same
                                                                      conditions as those set out in the foregoing
3. In the third paragraph, which now becomes the                      paragraphs.'
    second, the words 'entitled to an invalidity pension
    or a former servant' are inserted after the words             2. In what was the fourth paragraph, the words 'or of
    'where a former servant', and the phrase '(c) or (d)'             a former member of the temporary staff entitled to a
    is replaced by the phrase '(a), (c) or (d)\                       retirement or invalidity pension' are inserted after
                                                                      the second occurrence of the words 'of a member of
                                                                      the temporary staff; the words 'on the latter' are
4. The following paragraph is added:                                  replaced by 'on the surviving spouse'.
    'Where the whereabouts of a member of the
    temporary staff, or of a former member of
    temporary staff entitled to an invalidity or
    retirement pension, or of a former member of                                            Article 47
    temporary staff who left the service before he
    reached the age of 60 and who has requested that              The following new Article 38a is inserted after Article
    his retirement pension be deferred until the first day        38:
    of the calendar month following that in which he
    reaches the age of 60, are unknown for more than                  'Article 38a
    one year, the provisions of Chapters 5 and 6 of
    Annex VIII to the Staff Regulations dealing with                  Article 81a of the Staff Regulations, relating to
    provisional pensions shall apply by analogy to his                ceilings and apportionment, shall apply by analogy.'
    spouse and to persons recognized as- his
    dependants.'
                                                                                            Article 48
                         Article 45
                                                                  Article 39 is amended as follows:
The first paragraph of Article 36 is amended to read as
follows:                                                          1. The first subparagraph of paragraph 1 is replaced
                                                                       by the following:
    'The widow of a servant shall be entitled to a                     'On leaving the service a servant within the meaning
    widow's pension in accordance with Chapter 4 of                    of Article 2 (b) shall be entitled to a severance grant
    Annex VIII to the Staff Regulations. The pension                   as provided in Article 12 of Annex VIII to the Staff
    shall be not less than 35% of the final basic                      Regulations.'
    monthly salary received by the servant, nor less than
    the minimum subsistence figure defined in Article 6           2. In paragraph 2 the phrase '(c) or (d)' is replaced by
    of Annex VIII to the Staff Regulations. Where a                    the phrase '(a), (c) or (d)'.
    servant within the meaning of Article 2 (c) or (d)
    dies, the amount of the widow's pension shall be              3. The following new paragraph 3 is inserted:
    increased to 60 % of the retirement pension which
    the servant would have been paid if he had                         '3. A person who became entitled to a retirement
     qualified, irrespective of length of service or age, for          pension at the age of 60 or thereafter shall be
     such pension at the time of his death.'                           entitled to the family allowances provided for in
                                                                       Article 67 of the Staff Regulations in accordance
                                                                        with Annex VII to the Staff Regulations; the
                                                                        household allowance shall be calculated on the basis
                          Article 46                                    of the recipient's pension.'
Article 37 is amended as follows:
 1. The following paragraph is inserted after the third                                     Article 49
     paragraph:
                                                                   Chapter 6 is amended as follows:
     'In the event of the death of a former member of the
     temporary staff within the meaning of Article 2 (a),          1. — Section D is entitled as follows: 'Funding of the
     (c) or (d) who left the service before reaching the                    invalidity •and life assurance scheme and of the
     age of 60 and requested that his retirement pension                    pension scheme.'
     be deferred until the first day of the calendar month
     following that in which he reached the age of 60,                  — Article 41 is to read as follows: 'As regards the
     children deemed to be his dependants in accordance                     funding of the social security scheme provided
 ---pagebreak--- No C 191/18                           Official Journal of the European Communities                               30. 7. 79
         for in Sections B and C, Article 83 of the Staff            Before his employment is terminated, a member of
         Regulations and Articles 36 and 38 of Annex                 temporary staff may be suspended, in accordance
         VIII to the Staff Regulations shall apply by                with Article 88 of the Staff Regulations, which shall
         analogy.'                                                   apply by analogy.'
2. After Article 42 a new Section E is inserted,                2. In paragraph 2 the words 'In such cases' are
     containing Article 43 which is amended to read as              replaced by the following: 'Where employment is
     follows:                                                        terminated in accordance with paragraph 1.'
     'Section E — Settlement of claims by temporary
                     staff                                                               Article 51
     Article 43
                                                                Paragraph 2 of Article 50 is replaced by the following:
    Articles 40, 41, 42, 43 and 44 of Annex VIII to the
    Staff Regulations shall apply by analogy.'                       '2. In such cases the authority referred to in the
                                                                    first paragraph of Article 6 shall, after hearing the
3. After Article 43 a new Section F is inserted,                     servant concerned, and after the disciplinary
    containing Article 44 which is amended to read as               procedure provided for in Annex IX to the Staff
    follows:                                                        Regulations, which shall apply by analogy, has been
                                                                    followed, declare that his employment is terminated.
    'Section F — Payment of benefits
    Article 44                                                      Before his employment is germinated, a member of
                                                                     temporary staff may be suspended in accordance
    Article 82 of the Staff Regulations and Article 45 of
                                                                    with Article 88 of the Staff Regulations, which shall
    Annex VIII to the Staff Regulations, concerning the
                                                                     apply by analogy.
    payment of benefits, shall apply by analogy.
    Any sums due from a member of the temporary                     The provisions of Article 49 (2) shall apply.'
    staff to the Communities under this insurance
    scheme at the date when the benefits are payable
    shall be deducted from the amount of his benefit or                                  Article 52
    from the benefits payable to those entitled under
    him in manner determined by the institution                 The following new Article 50a is inserted after
    referred to in Article 45 of Annex VIII to the Staff        Article 50:
    Regulations. The deduction may be spread over a
    number of months.'                                               'Article 50a
                                                                     Without prejudice to Articles 49 and 50, any
4. After Article 44, a new Section G entitled                        intentional or negligent failure by a member of the
    'Subrogation in favour of the Communities' is                    temporary staff or of a former member of the
    inserted containing the following new Article 44a:               temporary staff to comply with his obligations
    'Article 44a                                                     under these Conditions of Employment shall render
                                                                     him liable to disciplinary action in accordance with
    The provisions of Article 85a of the Staff                       Title VI of the Staff Regulations and where
    Regulations, relating to subrogation in favour of the            applicable Annex IX to the Staff Regulations, the
    Communities shall apply by analogy.'                             provisions of which shall apply by analogy.'
                                                                                         Article 53
                         Article 50                             The following sentence is added to Article 59:
Article 49 is amended as follows:                                   'Paid sick leave shall not, however, exceed the
                                                                    length of time, which must in any event be not less
1. Paragraph 1 is replaced by the following:                        than one month, worked by a member of the
                                                                    auxiliary staff.'
    '1. After the disciplinary procedure provided for in
    Annex IX to the Staff Regulations, which shall
                                                                                       CHAPTER 3
    apply by analogy, has been followed, employment
    may be terminated without notice on disciplinary
                                                                                  Transitional provisions
    grounds in serious cases of intentional or negligent
    failure of temporary staff to comply with their
    obligations. A reasoned decision shall be taken by                                  Article 54
    the authority referred to in the first paragraph of
    Article 6, after the servant concerned has been given       1. A person entitled to a pension or allowance whose
    an opportunity of submitting his defence.                   pecuniary entitlements are reduced by reason of this
 ---pagebreak--- 30. 7 . 7 9                          Official Journal of the European Communities                           No C 191/19
Regulation shall receive an allowance, calculated               4. An official aged 60 or over when this Regulation
monthly, equal to the difference between the net                enters into force shall be given longer than the length of
amounts received prior to the entry into force of this          time specified in the new second indent of Article 52 of
Regulation and the net amounts redeived pursuant to             the Staff Regulations to submit a request for retirement.
the new provisions.
For the purpose of calculating the net amounts received
prior to the entry into force of this Regulation, the re-
cipient shall be deemed to have been in the same circum-                                CHAPTER 4
stances as to dependants as apply at the time of calcu-
lation of the allowance.
                                                                                     Final provisions
For the purpose of calculating the net amounts referred
to in the first and second paragraphs, weightings shall
be disregarded. This allowance shall be weighted and
                                                                                        Article 55
paid in manner provided in Article 82 (1).
                                                                This Regulation shall enter into force on the day
It shall cease to be payable not later than six years fol-
                                                                following its publication in the Official Journal of the
lowing the entry into force of this Regulation.
                                                               European Communities.
2. These provisions      shall  apply   by    analogy   to
temporary staff.                                                However, Article 54 (3) shall take effect from 4 May
                                                                1978.
3. They shall also extend to persons entitled to a
survivor's pension under Articles 27 and 28 of Annex            This Regulation shall be binding in its entirety and
VIII to the Staff Regulations.                                  directly applicable in all Member States.