The fifth subparagraph of Article 41 (3) is replaced by the following subparagraphs:
'The official shall furnish such written proof as may be required and inform the institution of any facts liable to affect his entitlement.
The allowance and the total remuneration last received, as referred to in the fourth subparagraph, shall be weighted at the rate fixed for the country inside or outside the Communities where the recipient proves he has his residence.
If the recipient establishes his residence in a country for which no weighting has been fixed, the weighting shall be equal to 100.
The allowance shall be expressed in Belgian francs. It shall be paid in the currency of the country of residence of the recipient.
Allowances paid in a currency other than the Belgian franc shall be calculated at the exchange rates specified in the second paragraph of Article 63.'
The fifth paragraph of Article 50 is replaced by the following:
'The fifth to ninth subparagraphs of Article 41 (3) shall apply.'
In Article 52 the phrase after the word 'retired' is replaced by the following:
'- either automatically on the last day of the month in which he reaches the age of 65,
- or at his own request on the last day of the month in respect of which the request was submitted where he is at least 60 years of age or where he is between 50 and 60 years of age and satisfies the requirements for immediate payment of a pension in accordance with Article 9 of Annex VIII.
The second sentence of the second paragraph of Article 48 shall apply by analogy.'
In Article 53 the words following the phrase 'the 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 73 (4) is deleted.
In Article 79:
1. In the first paragraph 'or of age' is inserted after 'irrespective of length of service'.
2. In the second paragraph the phrase 'with the exception of leave on personal grounds for the period during which, pursuant to Article 40 (3), no pension rights have been accquired' is deleted.
3. The following third paragraph is added:
'This amount shall not 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 second paragraph of Article 78.'
The following Article is inserted after Article 79:
'Article 79a
The provisions of Article 79 shall apply mutatis mutandis to the widower of an official or of a former official.'
In Article 80:
- In the second paragraph 'recipient of' is replaced by 'spouse in receipt of'.
- The first sentence of the fourth paragraph is replaced by the following:
'Where the spouse, not being an official or member of the temporary staff, of an official or of a former official in receipt of a retirement pension or an invalidity pension dies, the children being dependent within the meaning of Article 2 of Annex VII on the surviving spouse shall be entitled to an orphan's pension in accordance with Article 21 of Annex VIII;'.
- The following is added to the end of the fifth paragraph:
'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 retirement pension be deferred until the first day of the calendar month following that in which he reached the age of sixty'.
The following Article is inserted after Article 81:
'Article 81a
1. Notwithstanding any other provisions, notably those concerning the minimum amounts payable to persons entitled to a survivor's pension, the total amount payable by way of survivor's pension plus family allowances less tax and other compulsory deductions to the widow and other entitled persons may not exceed the following:
(a) in the event of the death of an official having one of the administrative statuses set out in Article 35, the amount of the remuneration which the official would have received in the same grade and step if he had still been in the service, plus any family allowances received by him in that case and less tax and other compulsory deductions;
(b) for the period following the date on which the official referred to in (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 the same grade and step at the time of death, plus any family allowances which he would have received, less tax and other compulsory deductions;
(c) in the event of the death of a former official entitled to a retirement pension or to an invalidity pension, the amount of the pension to which he would have been entitled, had he been alive, subject to the allowances and deductions referred to in (b);
(d) in the event of the death of a former official who left the service before reaching the age of 60 and requested that his retirement pension be deferred until the first day of the calendar month following that in which he reached the age of 60, the amount of the retirement pension to which he would have been entitled at the age of 60 had he been alive, subject to the allowances and deductions referred to in (b);
(e) in the event of the death of an official or a former official entitled, on the day of his death, to an allowance under Article 41 or 50 of these Staff Regulations, Article 5 of Regulation (EEC, Euratom, ECSC) No 259/68, Article 3 of Regulation (Euratom, ECSC, EEC) No 2530/72, Article 3 of Regulation (ECSC, EEC, Euratom) No 1543/73, Article 2 of Regulation (ECSC, EEC, Euratom) No 2150/82 or Article 3 of Regulation (ECSC, EEC, Euratom) No 1679/85, the amount of the allowance to which he would have been entitled, had he been alive, subject to the allowances and deductions set out in (b);
(f) for the period following the date on which the former official referred to in (e) would have ceased to be entitled to the allowance, the amount of the retirement pension to which he would have been entitled on that date, had he been alive and satisfied the relevant age requirements for the grant of pension rights, subject to the allowances and deductions set out in (b).
2. For the pursposes of paragraph 1, weightings shall be disregarded, which could affect the various amounts in question.
3. The maximum amount as defined in subparagraphs (a) to (f) above shall be apportioned among the persons entitled to a survivor's pension in proportion to their respective entitlements, paragraph 1 being disregarded for this purpose.
The second, third and fourth subparagraphs of Article 82 (1) shall apply to the amounts thus apportioned.'
The following chapter and Article are added after Article 85:
'CHAPTER 5
SUBROGATION IN FAVOUR OF THE
COMMUNITIES
Article 105 is repealed.
In Annex VIII, Article 4 is replaced by the following:
'Article 4
An official who having previously completed a period of activity in the service of one of the institutions either as an official or as a member of the temporary staff resumes active employment with a Community institution shall acquire further pension rights. He may request that, for the purpose of calculating his pension rights, the whole of the period of service as an official or a member of the temporary staff for which contributions habe been paid be taken into account, subject to his repaying any sums paid to him pursuant to Article 12 of this Annex or to Article 39 of the conditions of employment of other servants or recieved by him by way of retirement pension, plus compund interest at the rate of 3,5 % per annum.
Where the official, being entitled to a retirement pension, does not repay the sums referred to in the first 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, plus compound interest at the rate of 3,5 % 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.
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 servants; where he is entitled to a retirement pension, his pension rights shall be reduced in proportion to the payments made under that Article.'
The first paragraph of Article 14 of Annex VIII is replaced by the following:
'The 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 53 of the Staff Regulations.'
In the first paragraph of Article 17 of Annex VIII, 'or of age' is added after 'irrespective of length of service'.
In the first paragraph of Article 19 of Annex VIII, 'subject to the provisions of Article 22' is added after 'shall be entitled.'
In Article 20 of Annex VIII, 'For the purpose of Articles 18 and 19' is replaced by 'For the purpose of Articles 17a, 18, 18a, and 19'.
In Article 21 (1) of Annex VIII 'first, second and third paragraphs' is inserted after 'Article 80'.
In Annex VIII, Article 23 is deleted.
In Annex VIII, Article 27 is replaced by the following:
'Article 27
The divorced wife of an official or a former official shall be entitled to a survivor's pension, as defined in this chapter, provided that, on the death of her former husband, she can justify entitlement on her own account to receive maintenance from him by virtue of a court order or as a result of a settlement between herself and her former husband.
The survivor's pension may not, however, exceed the amount of maintenance paid at the time of her former husband's death, the amount having been adjusted in accordance with the procedure laid down in Article 82 of the Staff Regulations.
The divorced wife's entitlement shall cease of she remarries before her former husband dies. The provisions of Article 26 shall apply if she remarries after her former husband dies.'
The first paragraph of Article 28 of Annex VIII is replaced by the following:
'Where the deceased official leaves more than one divorced wife entitled to survivor's pension or one or more divorced wives and a widow entitled to a survivor's pension, that pension shall be divided in proportion to the respective duration of the marriages. The provisions of the second and third paragraphs of Article 27 shall apply.'
In Article 30 of Annex VIII:
- 'in active employment' is replaced by 'having one of the statuses listed in Article 35 of the Staff Regulations',
- the second amendment does not affect the English version. Article 22
This amendment does not affect the English version.
The following Article is inserted after Article 31 of Annex VIII:
'Article 31a
The spouse or persons recognized as dependants of a former official within the meaning of Article 18a of Annex VIII, or of a former official entitled to an allowance either under Article 50 of the Staff Regulations or under Regulations (EEC, Euratom, ECSC) No 259/58 or (Euratom, ECSC, EEC), No 2530/72 or (ECSC, EEC, Euratom) No 1543/73 or (ECSC, EEC, Euratom) No 2150/82 or (ECSC, EEC, Euratom) No 1679/85 may, if the former official's whereabouts are unknown for more than one year, provisionally receive a survivor's pension to which they would be entitled under this Annex.'
This amendment does not affect the English version.
In Article 33 of Annex VIII:
- a reference to Article 31a is inserted between the references to Articles 31 and 32,
- 'or pensioner' is replaced by 'or former official'.
1. The words 'or former official in receipt of a retirement or invalidity pension' are inserted after the word 'official' or the words 'or that of a former official in receipt of a retirement or invalidity pension' are inserted after 'official's' (as the case may be) in the first subparagraph of Article 21 (1), the third paragraph of Article 22, the first sentence of the first paragraph of Article 24, Article 25, the second paragraph of Article 34, Article 42 and Article 46 of Annex VIII.
2. In Annex VIII:
- 'the official' is replaced by 'the former official' in the second and third paragraphs of Article 14, Article 15 and Article 43,
- 'the official' is replaced by 'the former official' in the third paragraph of Article 14 and the second paragraph of Article 18a,
- 'where an official' is replaced by 'where a former official' in Article 16,
- 'of an official' is replaced by 'of a former official' in Article 31.
The last paragraph of Article 45 of Annex VIII is deleted.
Article 47 of Annex VIII is deleted.
CHAPTER 2
AMENDMENTS TO THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE COMMUNITIES
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
