Article 29
A second paragraph is added to Article 13, reading as follows: 'Article 33 of the Staff Regulations shall apply by analogy.'
Council regulation (ECSC, EEC, Euratom) No 2799/85 of 27… CHAPTER 2 — AMENDMENTS TO THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE COMMUNITIES
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Article 30
In Article 15: 1. The two current paragraphs become paragraph 1. 2. The following paragraph is added: '2. The provisions of Article 43 of the Staff Regulations, concerning reports, shall apply by analogy to servants within the meaning of Article 2 (a), (c) and (d).'
Article 31
In Article 16, the second paragraph is replaced by the following: 'The paid sick leave provided for in Article 59 of the Staff Regulations shall not, however, exceed three months or the length of time worked by the member of the temporary staff, where the latter is longer. The leave shall not extend beyond the term of his contract.'
Article 32
The last paragraph of Article 28 is replaced by the following: 'If a member of the temporary staff proves that he cannot obtain cover under any other sickness insurance scheme provided for by law or regulation, he may, on application made at the latest within one month following the expiry of his contract, continue to benefit from the sickness cover provided for in the first paragraph, for a period of not more than six months after the expiry of his contract. The contributions provided for in Article 72 (1) of the Staff Regulations shall be based on his last basic salary and half thereof shall be charged to him. The appointing authority may, after obtaining the advice of the institution's medical officer, decide that the one-month time limit within which the application must be made and the six-month limit provided for in the preceding paragraph shall not apply where the person concerned is suffering from a serious or protracted illness contracted during his employment, which he has reported to the institution before the end of the six-month period provided for in the preceding paragraph, on condition that the person concerned undergoes a medical examination arranged by the institution.'
Article 33
The following Article is inserted after Article 28: 'Article 28a 1. A former member of the temporary staff who is unemployed when his service with an institution of the European Communities has been terminated: - who is not in receipt of a retirement or invalidity pension from the European Communities, - whose service is not terminated by resignation or by cancellation of the contract for disciplinary reasons, - who has completed a minimum of six months' service, - and who is resident in a Member State of the Communities, shall be eligible for a monthly unemployment allowance under the conditions laid down below. Where he is entitled to unemployment benefits under a national scheme, he shall be obliged to declare this to the institution to which he belonged, which shall immediately inform the Commission thereof. In such cases, the amount of those benefits will be deducted from the allowance paid under paragraph 3. 2. To be eligible for this unemployment allowance, a former member of the temporary staff shall: (a) be registered, at his own request, as seeking employment with the employment authorities of the Member State in which he establishes his residence; (b) fulfil the obligations laid down by the law of that Member State for persons in receipt of unemployment benefits under that law; (c) forward every month to the institution to which he belonged, which shall immediately forward it to the Commission, a certificate issued by the competent national employment authority stating whether or not he has fulfilled the obligations and conditions referred to in (a) and (b). The allowance may be granted or maintained by the Community, even where the national obligations referred to under (b) have not been fulfilled, in cases of illness, accident, maternity, invalidity or a situation recognized as being similar or where the national authority, competent to meet those obligations, has given a dispensation. The Commission shall, after obtaining the opinion of a Committee of experts, lay down such provisions as it deems necessary for applying this Article. 3. The unemployment allowance shall be fixed with reference to the basic salary reached by the former member of the temporary staff at the time of the termination of his service. This allowance shall be fixed at: - 60 % of the basic salary for an initial period of 12 months, - 45 % of the basic salary from the 13th till the 18th month, - 30 % of the basic salary from the 19th till the 24th month. The amounts thus calculated shall neither be less than Bfrs 30 000 nor more than Bfrs 60 000. The lower and upper amounts referred to above may be examined annually by the Council, upon a proposal from the Commission. 4. The unemployment allowance shall be paid to the former member of the temporary staff for a maximum of 24 months from the date of termination of service. If, however, during that period the former member of the temporary staff ceases to fulfil the conditions laid down in paragraphs 1 and 2, payment of the unemployment allowance shall be suspended. Payment shall be resumed if before the expiry of that period the former member of the temporary staff again fulfils the said conditions and has not acquired the right to national unemployment benefit. 5. A former member of the temporary staff who is eligible for the unemployment allowance shall be entitled to the family allowances provided for in Article 67 of the Staff Regulations. The household allowance shall be calculated on the basis of the unemployment allowance under the conditions laid down in Article 1 of Annex VII to the Staff Regulations. The person concerned shall be obliged to declare any allowances of the same kind paid from other sources to himself or to his spouse; such allowances shall be deducted from those to be paid on the basis of this Article. A former member of the temporary staff who is eligible for the unemployment allowance shall be entitled, as provided for in Article 72 of the Staff Regulations, to insurance cover against sickness without having to make any contribution. 6. The weighting for the Member State in which a former member of the temporary staff proves that he is resident shall be applied to the unemployment allowance and the family allowances. The weighting applicable to the unemployment allowance shall always be the one resulting from the latest annual revision. These amounts shall be paid by the Commission in the currency of the country of residence; they shall be converted at the exchange rates provided for in the second paragraph of Article 63 of the Staff Regulations. 7. A member of the temporary staff shall contribute a third of the financing of the unemployment insurance scheme. That contribution shall be fixed at 0,4 % of the basic salary of the person concerned, not taking into account the weightings provided for in Article 64 of the Staff Regulations of officials. That contribution shall be deducted monthly from the salary of the person concerned and paid, together with the remaining two-thirds to be borne by the institution, into a Special Unemployment Fund. That Fund shall be common to the institutions and the latter shall pay their contributions to the Commission each month, no later than eight days after the payment of remunerations. All expenditure arising out of the application of this Article shall be authorized and paid by the Commission in accordance with the provisions of the Financial Regulation applicable to the general budget of the European Communities. 8. The unemployment allowances paid to a former member of the temporary staff who is unemployed shall be subject to Regulation (EEC, Euratom, ECSC) No 260/68 laying down the conditions and procedure for applying the tax for the benefit of the European Communities. 9. The national departments with responsibility for employment and unemployment, acting in accordance with their national legislation, and the Commission shall cooperate with each other in a effective manner in order to ensure that this Article is properly applied. 10. The detailed arrangements for applying this Article shall be the subject of rules laid down by mutual agreement between the Institutions of the Communities, after obtraining the opinion of the Staff Regulations Committee, without prejudice to the provisions of the final subparagraph of paragraph 2. 11. One year after the introduction of this unemployment insurance scheme and every two years thereafter, the Commission shall submit a report on the financial situation of the scheme to the Council. Independently of this report, the Commission may submit to the Council proposals adjusting the contributions provided for in paragraph 7 if the application of the scheme so requires. The Council shall act on these proposals in accordance with the conditions laid down in the third subparagraph of paragraph 3.
Article 34
A further paragraph as follows is added to Article 32: 'The servant may appeal against this decision to the Invalidity Committee provided for in Article 4 (1) of the Staff Regulations.'
Article 35
Article 33 is amended as follows: 1. In the third subparagraph of paragraph 1, 'by 2 % for each year of pensionable service with which he has been credited under Article 11 (2) and (3) of Annex VIII to the Staff Regulations and' shall be inserted after the words 'this rate shall be increased'. 2. The last subparagraph of paragraph 1 is replaced by the following: 'Persons entitled to an invalidity pension shall also be entitled to the family allowances provided for in Article 67 of the Staff Regulations, in accordance with Annex VII to the Staff Regulations; household allowance shall be determined on the basis of the recipient's pension.' 3. In paragraph 4: (a) the second subparagraph is replaced by the following: 'If a servant is not re-engaged by the Communities, he shall be entitled, at his own option: - either to the severance grant provided for in Article 39 calculated on the basis of the actual length of service, - or, where he is a servant within the meaning of Article 2 (a), (c) or (d) and has reached the age of at least 50, to a retirement pension in accordance with Chapter 3 of Title V of the Staff Regulations and Annex VIII to the Staff Regulations.' (b) the following third subparagraph is inserted: 'The time during which he received invalidity pension shall be included for the purpose of calculating his retirement pension, without payment by him of arrears of contributions.'
Article 36
In Article 34: 1. The last sentence of the first paragraph is deleted. 2. The second paragraph is deleted. 3. In the third paragraph, 'in receipt of an invalidity pension or a former servant' is inserted after 'where a former servant', and '(c) or (d)' is replaced by '(a), (c) or (d)'. 4. The following paragraph is added: 'Where the whereabouts of a member of the temporary staff, or of a former member of temporary staff in receipt of an invalidity or retirement pension, or of a former member of temporary staff who left the service before he reached the age of 60 and who has requested that his retirement pension be deferred until the first day of the calender month following that in which he reaches the age of 60 are unknown for more than one year, the provisions of Chapters 5 and 6 of Annex VIII to the Staff Regulations dealing with provisional pensions shall apply by analogy to his spouse and to persons recognized as his dependants.'
Article 37
The first paragraph of Article 36 is amended to read as follows: 'The widow of a servant shall be entitled to a widow's pension in accordance with Chapter 4 of Annex VIII to the Staff Regulations. The pension shall be not less than 35 % of the final basic monthly salary received by the servant, nor less than the minimum subsistance figure defined in Article 6 of Annex VIII to the Staff Regulations. Where a servant within the meaning of Article 2 (a), (c) or (d) dies, the amount of the widow's pension shall be increased to 60 % of the retirement pension which the servant would have been paid if he had qualified, irrespective of length of service or of age, for such pension at the time of his death.' The third paragraph is deleted.
Article 38
Article 37 is amended as follows: 1. The following paragraph is inserted after the third paragraph: 'In the event of the death of a former member of the temporary staff within the meaning of Article 2 (a), (c) or (d) 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, children deemed to be his dependants is accordance 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 respectively in the foregoing paragraphs.' 2. In the fourth paragraph, 'or of a former member of the temporary staff in receipt of a retirement or invalidity pension' is inserted after the second occurrence of 'of a member of the temporary staff'; 'on the latter' is replaced by 'on the surviving spouse', and 'the last paragraph of Article 80' is replaced by 'the fourth paragraph of Article 80'.
Article 39
The following Article is inserted after Article 38: 'Article 38a The rules relating to ceilings and apportionment set out in Article 81a of the Staff Regulations shall apply by analogy.'
Article 40
Article 39 is amended as follows: 1. The first subparagraph of paragraph 1 is replaced by the following: '1. On leaving the service a servant within the meaning of Article 2 (b) shall be entitled to a severance grant calculated in accordance with Article 12 of Annex VIII to the Staff Regulations.' 2. In paragraph 2, '(c) or (d)' is replaced by '(a), (c) or (d)'. 3. The following paragraph is inserted: '3. A person who became entitled to a retirement pension at the age of 60 or thereafter shall be entitled to the family allowance 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 of the recipient's pension.'
Article 41
Chapter 6 is amended as follows: 1. - Section D is entitled as follows: 'FUNDING OF THE INVALIDITY AND LIFE ASSURANCE SCHEME AND OF THE PENSION SCHEME'. - Article 41 shall read as follows: 'As regards the funding of the social security scheme provided for in section B and C, the provisions of Article 83 of the Staff Regulations and of Articles 36 and 38 of Annex VIII thereto shall apply by analogy.' 2. After Article 42 the following section is inserted, containing Article 43 which is amended to read as follows: 'Section E SETTLEMENT OF CLAIMS BY TEMPORARY STAFF
Article 42
In Article 49: 1. Paragraph 1 is replaced by the following: '1. After the disciplinary procedure provided for in Annex IX to the Staff Regulations, which shall apply by analogy, has been followed, employment may be terminated without notice on disciplinary grounds in serious cases of intentional or negligent failure of temporary staff to comply with their obligations. A reasoned decision shall be taken by the authority referred to in the first paragraph of Article 6, after the servant concerned has been given an opportunity of submitting his defence. Before his employment is teminated, a member of temporary staff may be suspended, in accordance with Article 88 of the Staff Regulations, which shall apply by analogy.' 2. In paragraph 2, 'In such cases' is replaced by the following: 'Where employment is terminated in accordance with paragraph 1,'.
Article 43
Articles 40 to 44 of Annex VIII to the Staff Regulations shall apply by analogy.' 3. After Article 43 the following section is inserted, containing Article 44 which is amended to read as follows: 'Section F PAYMENT OF BENEFITS
Article 43
Paragraph 2 of Article 50 is replaced by the following: '2. In such cases the authority referred to in the first paragraph of Article 6 shall, after hearing the servant concerned, and after the disciplinary procedure provided for in Annex IX to the Staff Regulations, which shall apply by analogy, has been followed, declare that his employment is terminated. Before his employment is terminated, a member of temporary staff may be suspended in accordance with Article 88 of the Staff Regulations, which shall apply by analogy. The provisions of Article 49 (2) shall apply.'
Article 44
Articles 81a and 82 of the Staff Regulations and Article 45 of Annex VIII to the Staff Regulations, concerning the payment of benefits, shall apply by analogy. Any sums due from a member of the temporary 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 from the benefits payable to those entitled under him in a manner to be determined by the institution referred to in Article 45 of Annex VIII to the Staff Regulations. The deduction may be spread over a number of months.' 4. After Article 44, the following section and Article 44a are inserted: 'Section G SUBROGATION IN FAVOUR OF THE COMMUNITIES
Article 44
The following Article is inserted after Article 50: 'Article 50a Without prejudice to Articles 49 and 50, any intentional or negligent failure by a member of the temporary staff or of a former member of the temporary staff to comply with his obligations under these conditions of employment shall render him liable to disciplinary action in accordance with Title VI of the Staff Regulations and where applicable Annex IX to the Staff Regulations, the provisions of which shall apply by analogy.'
Article 44a
The provisions of Article 85a of the Staff Regulations, relating to subrogation in favour of the Communities shall apply by analogy.'
Article 45
The following sentence is inserted after the first sentence of Article 59: 'Paid sick leave shall not, however, exceed one month or the length of time worked by a member of the auxiliary staff, where the latter period is longer.' CHAPTER 3 TRANSITIONAL PROVISIONS
Article 46
1. A person entitled to a pension or allowance whose pecuniary entitlements are reduced by reason of the adoption of this Regulation shall receive an allowance, calculated monthly, equal to the difference between the net amounts received by that person prior to the entry into force of this Regulation and the net amounts received by that person pursuant to the new provisions. For the purpose of calculating the net amounts received by that person prior to the entry into force of this Regulation, the recipient shall be deemed to have been in the same circumstances with regard to dependants as apply at the time of calculation of the allowance. For the purpose of calculating the net amounts referred to in the first and second subparagraphs, weightings shall be disregarded. This allowance shall be weighted and paid in accordance with the conditions laid down in Article 82 (1) of the Staff Regulations. 2. These transitional provisions shall also apply to persons entitled to a survivor's pension under Annex VIII to the Staff Regulations as in force prior to these amendments. 3. These provisions shall apply by analogy to persons entitled under members of the temporary staff. CHAPTER 4 FINAL PROVISIONS
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