Article 13
1. The daily subsistence allowance for missions shall comprise a flat-rate sum to cover all expenses incurred by the person on mission: breakfast, two main meals and incidental expenses, including local travel. Accommodation costs, including local taxes, shall be reimbursed up to a maximum fixed for each country, on production of supporting documents. 2. (a) >TABLE> Where an official on mission is provided with a meal or accommodation free of charge or reimbursed by one of the institutions of the Communities, an administration or outside body, this must be declared. A corresponding deduction will then be made. (b) The scale for missions in countries outside the European territory of the Member States shall be fixed and adjusted periodically by the Appointing Authority. 3. The Council shall review every two years the rates set out in paragraph 2(a). This review shall take place in the light of a report by the Commission on the prices of hotels, restaurants and catering services, taking into account the indexes on the evolution of such prices. For the purpose of this review, the Council shall act on a proposal by the Commission by the qualified majority provided for in the first indent of the second subparagraph of Article 205(2) of the EC Treaty."; (l) the following Article is inserted: "Article 13a Detailed rules for the application of Articles 11, 12 and 13 of this Annex shall be laid down by the various institutions under the general implementing provisions."; (m) Articles 14a and 14b are deleted; (n) in Article 15, first paragraph, the words "officials in Grades A1 and A2" are replaced by "senior management staff within the meaning of Article 29(2) of the Staff Regulations"; (o) Article 17 is amended as follows: (i) paragraphs 2 and 3 are replaced by the following: "(2) In the conditions laid down in rules fixed by the Community institutions by common consent after consulting the Staff Regulations Committee, officials may regularly have part of their remuneration transferred by their institution of employment to another Member State. Under the preceding provision the following may be transferred, separately or in combination: (a) for children attending an education establishment in another Member State, a maximum amount per dependent child equal to the amount of the education allowance actually received for that child; (b) on production of valid supporting documents, regular payments to all other persons residing in the relevant Member State to whom the official provides evidence of having an obligation by virtue of a decision of the courts or the competent administrative authority. The transfers referred to in point (b) may not exceed 5 % of the official's basic salary. 3. The transfers provided for in paragraph 2 shall be made at the exchange rate referred to in the second paragraph of Article 63 of the Staff Regulations. The amounts transferred shall be multiplied by a coefficient representing the difference between the correction coefficient for the country to which the transfer is made as defined in point (b) of Article 3(5) of Annex XI to the Staff Regulations and the correction coefficient applied to the remuneration of the official (referred to in point (a) of Article 3(5) of Annex XI to the Staff Regulations)."; (ii) the following paragraph is added: "4. Apart from the transfers referred to in paragraphs 1 to 3, an official may request a regular transfer to another Member State at the monthly exchange rate, without application of any coefficient. This transfer may not exceed 25 % of the official's basic salary."; 98) Annex VIII is amended as follows: (a) in Article 2, second paragraph, the number "35" is replaced by "the number necessary to achieve the maximum pension, within the meaning of the second paragraph of Article 77 of the Staff Regulations"; (b) Article 3 is replaced by the following: "Article 3 Provided that the servants concerned have paid their shares of the pension contributions in respect of the periods of service concerned, the following shall be taken into account for the purpose of calculating years of pensionable service within the meaning of Article 2: (a) the period of service as an official of one of the institutions in one of the administrative statuses set out in Article 35(a), (b), (c), and (e) and (f) of the Staff Regulations. However, officials covered by Article 40 of the Staff Regulations shall be subject to the conditions laid down in the last sentence of the second subparagraph of paragraph 3 thereof; (b) periods of entitlement to the allowance under Articles 41 and 50 of the Staff Regulations, up to a maximum of five years. (c) periods of entitlement to an invalidity allowance; (d) periods of service in any other capacity in accordance with the Conditions of Employment of other servants. However, where members of the contract staff within the meaning of those Conditions of Employment become officials, the years of pensionable service they have acquired as members of the contract staff shall, up to the number of years of actual service, entitle them to a number of years of pensionable service as officials calculated on the basis of the ratio between the last basic salary received as a member of the contract staff and the first basic salary received as an official. The surplus contributions, if any, corresponding to the difference between the number of years of pensionable service calculated and the number of years of actual service, shall be reimbursed to the person concerned on the basis on the last basic salary received as a member of the contract staff. This provision shall, with the necessary changes, apply where officials become members of the contract staff."; (c) Article 4 is replaced by the following: "Article 4 1. An official who having previously completed a period of activity in the service of one of the institutions either as an official, as a member of the temporary staff or as a member of the contract staff resumes active employment with a Community institution shall acquire further pension rights. He may request that, in accordance with Article 3 of this Annex, for the purpose of calculating his pension rights, the whole of the period of service as an official, a member of the temporary staff or a member of the contract staff for which contributions have been paid be taken into account, subject to: (a) repayment of the severance grant paid under Article 12, plus compound interest at a rate of 3,5 % per annum. Where Article 42 or 112 of the Conditions of Employment of other servants has been applied in the case of the official concerned, the latter shall also be required to repay the amount paid under that Article, plus compound interest at the abovementioned rate; (b) having an amount set aside for this purpose, before calculation of the credited contribution years provided for in Article 11(2) and providing the official has requested and obtained the application of that Article after resuming service, equal to the part of the amount transferred to the Community pension scheme that corresponds to the actuarial equivalent calculated and transferred to the scheme of origin pursuant to Article 11(1) or Article 12 (1) (b), plus compound interest at a rate of 3,5 % per annum. Where Article 42 or 112 of the Conditions of Employment of other servants has been applied in the case of the official concerned, the calculation of the amount to be set aside shall also take account of the amount paid under those Articles, plus compound interest at 3,5 % per annum. Where the amount transferred to the Community scheme is insufficient to make up the pension rights covering the previous period of employment in full, the official shall be authorised, on request, to make the amount up to that defined at point (b) of the first paragraph. 2. The interest rate specified in paragraph 1 may be revised in accordance with the rules laid down in Article 10 of Annex XII."; (d) Article 5 is amended as follows: (i) the first paragraph is replaced by the following: "Notwithstanding the provisions of Article 2 of this Annex, officials who remain in service after the age of 63 shall be entitled to an increase of their pension equal to 2 % of the basic salary taken into account for the calculation of their pension per year worked after that age, with the proviso that the total of their pension plus the increase does not exceed 70 % of their final basic salary as referred to in the second or third paragraph, as the case may be, of Article 77 of the Staff Regulations."; (ii) in the second paragraph, the number "60" is replaced by "63" (e) in Article 6, the words "Grade D 4, step one" are replaced by "at the first step of grade 1"; (f) Article 7 is deleted; (g) Article 8 is replaced by the following: "Article 8 Actuarial equivalent of the retirement pension means the capital value of the benefits accruing to the official by reference to the mortality table referred to in Article 9 of Annex XII and subject to 3,5 % interest per annum, which rate may be revised in accordance with the rules laid down in Article 10 of Annex XII."; (h) Article 9 is replaced by the following: "Article 9 1. An official leaving the service before reaching the age of 63 years may request that his retirement pension: (a) be deferred until the first day of the calendar month following that in which he reaches the age of 63; or (b) be paid immediately, provided that he is not less than 55 years of age. In this case, the retirement pension shall be reduced by an amount calculated by reference to the official's age when he starts to draw his pension. The pension shall be reduced by 3,5 % for every year before the one in which officials would become entitled to a retirement pension within the meaning of Article 77 of the Staff Regulations. If between the age at which entitlement to a retirement pension is acquired within the meaning of Article 77 of the Staff Regulations and the age of the person concerned at the time, the difference exceeds an exact number of years, an extra year shall be added to the reduction. 2. The Appointing Authority may decide, in the interests of the service on the basis of objective criteria and transparent procedures introduced by means of general implementing provisions, not to apply the above reduction to the officials concerned. The total number of officials and temporary servants, who retire without any reduction of their pension each year, shall not be higher than 10 % of the officials in all institutions who retired the previous year. The annual percentage may vary from 8 % to 12 %, subject to a total of 20 % over two years and the principle of budget neutrality. Before five years have elapsed, the Commission shall submit to the European Parliament and the Council an evaluation report on the implementation of this measure. Where appropriate, the Commission shall submit a proposal to fix after five years the maximum annual percentage rate between 5 % and 10 % of all officials in all institutions who retired the previous year, on the basis of Article 283 of the EC Treaty."; (i) the following Article is inserted: "Article 9a For the purposes of determining the reduced pension of officials who have acquired pension rights exceeding the equivalent of 70 % of their final basic salary and who request immediate payment of their retirement pension in accordance with Article 9, the reduction under Article 9 shall be applied to a notional figure corresponding to the years of pensionable service rather than to an amount capped at 70 % of the final basic salary. In no case, however, may the reduced pension thus calculated exceed 70 % of the last basic salary within the meaning of Article 77 of the Staff Regulations."; (j) Article 11 is amended as follows: (i) in paragraph 1, the words, "updated to the actual date of transfer," are inserted after "of his retirement pension rights"; (ii) in paragraph 2: (A) in the first subparagraph, the words: "shall be entitled upon establishment to have paid to the Communities either the actuarial equivalent or the flat-rate redemption value of retirement pension rights acquired by virtue of such services or activities."; are replaced by: "shall be entitled, after establishment but before becoming eligible for payment of a retirement pension within the meaning of Article 77 of the Staff Regulations, to have paid to the Communities the capital value, updated to the date of the actual transfer, of pension rights acquired by virtue of such service or activities."; (B) the second subparagraph is replaced by the following:"In such case the institution in which the official serves shall, taking into account the official's basic salary, age and exchange rate at the date of application for a transfer, determine by means of general implementing provisions the number of years of pensionable service with which he shall be credited under the Community pension scheme in respect of the former period of service, on the basis of the capital transferred, after deducting an amount representing capital appreciation between the date of the application for a transfer and the actual date of the transfer."; (C) the following subparagraph is added:"Officials may make use of this arrangement once only for each Member State and pension fund concerned"; (k) Article 12 is replaced by the following: "Article 12 1. An official aged less than 63 years whose service terminates otherwise than by reason of death or invalidity and who is not entitled to an immediate or deferred retirement pension shall be entitled on leaving the service: (a) where he has completed less than one year's service and has not made use of the arrangement laid down in Article 11(2), to payment of a severance grant equal to three times the amounts withheld from his basic salary in respect of his pension contributions, after deduction of any amounts paid under Articles 42 and 112 of the Conditions of Employment of other servants; (b) in other cases, to the benefits provided under Article 11(1) or to the payment of the actuarial equivalent of such benefits to a private insurance company or pension fund of their choice, on condition such company or fund guarantees that: (i) the capital will not be repaid; (ii) a monthly income will be paid from age 60 at the earliest, and age 65 at the latest; (iii) provisions are included for reversion or survivors' pensions; (iv) transfer to another insurance company or other fund will be authorised only if such fund fulfils the conditions laid down in points (i), (ii) and (iii). 2. By way of derogation from paragraph 1(b), officials under 63 years of age who, since taking up their duties, have, in order to establish or maintain pension rights, paid into a national pension scheme, a private insurance scheme or a pension fund of their choice which satisfies the requirements set out in paragraph 1, and whose service terminates for reasons other than death or invalidity without their qualifying for an immediate or deferred retirement pension, shall be entitled, on leaving the service, to a severance grant equal to the actuarial value of their pension rights acquired during service in the institutions. In these cases the payments made in order to establish or maintain their pension rights under the national pension scheme in application of Articles 42 or 112 of the Conditions of Employment of other servants shall be deducted from the severance grant. 3. Where an official's service has been terminated by removal from his post, the severance grant to be paid or, as the case may be, the actuarial equivalent to be transferred shall be determined by reference to the decision taken in accordance with Article 9(1)(h) of Annex IX."; (l) Article 12a is deleted; (m) the title of Chapter 3 is replaced by: "Invalidity allowance"; (n) Article 13 is amended as follows: (i) the first subparagraph is numbered and becomes paragraph 1 and the words "invalidity pension" are replaced by "invalidity allowance"; (ii) the second subparagraph is deleted and replaced by the following paragraph: "2. Persons in receipt of an invalidity allowance may not engage in gainful employment without the prior authorisation of the Appointing Authority. Any income from such gainful employment which, in combination with the invalidity allowance, exceeds the final total remuneration received while in active service as determined on the basis of the salary scale in force on the first day of the month in which the allowance is to be paid shall be deducted from the invalidity allowance. The recipient of the allowance shall be required to provide on request any written proof which may be requested and to notify his or her institution of any factor that may affect entitlement to the allowance."; (o) Article 14 is amended as follows: (i) where they appear in the text, the words "invalidity pension" are replaced by "invalidity allowance" and the word "pension" is replaced by "allowance"; (ii) in the second paragraph, the words "in that case the provisions of Article 16 of Annex VIII shall apply" are deleted; (p) in Article 15, the word "pension" is replaced by "allowance" and the number "60" is replaced by "63"; (q) Article 16 is deleted; (r) Article 17 is amended as follows: (i) where they appear in the text, the words "his widow" are replaced by "the surviving spouse"; (ii) in the first paragraph, the words "provided that she has been married to him" are replaced by "provided that the couple were married" and the words "widow's pension" are replaced by "survivor's pension"; (s) Article 17a is amended as follows: (i) in the first and second paragraphs, where they appear in the text, the words "widow's pension" are replaced by "survivor's pension"; (ii) in the first and third paragraphs, where they appear in the text, the words "the widow" are replaced by "the surviving spouse"; (iii) the first paragraph is further amended as follows: (A) the words: "provided that she had been married to him for at least one year when he left the service of an institution"; are replaced by: "provided that the couple were already married before the official left the service of an institution and that the marriage had lasted at least one year"; (B) the words "her husband" are replaced by "the spouse"; (t) Article 18 is replaced by the following: "Article 18 Where a former official was in receipt of retirement pension the surviving spouse shall be entitled, provided that the couple were already married before the official left the service of an institution and that the marriage had lasted at least one year, and subject to the provisions of Article 22, to a survivor's pension equal to 60 % of the retirement pension which he was receiving at the time of his death. The minimum survivor's pension shall be 35 % of the last basic salary; the amount of the survivor's pension shall in no case, however, exceed the amount of the retirement pension which the spouse was receiving at the time of death. 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 service, provided that the surviving spouse maintains or has maintained those children."; (u) Article 18a is amended as follows: (i) where they appear in the text, the words "the widow" are replaced by "the surviving spouse" and the number "60" is replaced by "63"; (ii) the first paragraph is amended as follows: (a) where they appear in the text, the words "provided that she had been married to him for at least one year when he left the service of an institution" are replaced by "provided that the couple were already married before the official left the service of an institution and that the marriage had lasted at least one year."; (b) where they appear in the text, the words "widow's pension" are replaced by "survivor's pension"; (c) where they appear in the text, the words "her husband" is replaced by "the spouse"; (v) Article 19 is replaced by the following: "Article 19 Where a former official was in receipt of invalidity allowance the surviving spouse shall be entitled, subject to the provisions of Article 22 of this Annex, provided that the couple were married when the official became eligible for the allowance, to a survivor's pension equal to 60 % of the invalidity allowance which the spouse was receiving at the time of death. The minimum survivor's pension shall be 35 % of the final basic salary; the amount of the survivor's pension shall in no case, however, exceed the amount of the invalidity allowance which the spouse was receiving at the time of death."; (w) in Article 21(1), where they appear in the text, the words "the widow" are replaced by "the surviving spouse" and the words "a retirement or invalidity pension" are replaced by "a retirement pension or invalidity allowance"; (x) Article 22 is amended as follows: (i) in the first paragraph, the words "a widow" are replaced by "a surviving spouse"; (ii) in the third paragraph the word "a retirement or invalidity pension" are replaced by "a retirement pension or invalidity allowance"; (y) Article 24 is amended as follows: (i) in the first paragraph the words "a retirement or invalidity pension" are replaced by "a retirement pension or invalidity allowance"; (ii) in the second paragraph the following sentence is added: "Similarly the right to an orphan's pension shall cease if the recipient ceases to be regarded as a dependent child within the meaning of Article 2 of Annex VII."; (z) in Article 25 the words "a retirement or invalidity pension" are replaced by "a retirement pension or invalidity allowance"; (aa) in Article 26, the words "A widow" are replaced by "A surviving spouse" and the words "She shall be entitled" are replaced by "He or she shall be entitled". (bb) Article 27 is replaced by the following: "Article 27 The divorced spouse 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 the former spouse, he/she can justify entitlement on his/her own account to receive maintenance from him by virtue of a court order or as a result of an officially registered settlement in force between himself/herself and his/her former spouse. The survivor's pension may not, however, exceed the amount of maintenance paid at the time of death of the former spouse, the amount having been adjusted in accordance with the procedure laid down in Article 82 of the Staff Regulations. The divorced spouse's entitlement shall cease if he or she remarries before the former spouse dies. Article 26 shall apply in the event of remarriage after the death of the former spouse"; (cc) Article 28 is amended as follows: (i) in the first paragraph, the words "divorced wife" are replaced by "divorced spouse", the words "divorced wives" are replaced by "divorced spouses" and the words "a widow" are replaced by "a surviving spouse."; (ii) in the second paragraph, the words "her share, her share" are replaced by "his or her share, that share"; (dd) in Article 29, the words "the divorced wife" are replaced by "the divorced spouse" and the words "to the widow" are replaced by "to the surviving spouse"; (ee) in Article 31, the words "retirement or invalidity pension" are replaced by "retirement pension or invalidity allowance"; (ff) in Article 31a, the following text: "or under Regulations (EEC, Euratom, ECSC) No 259/68 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"; is replaced by:"or under Regulation (EEC) No 1857/89(2), Regulation (EC, Euratom) No 1746/2002(3), Regulation (EC, Euratom) No 1747/2002(4) or Regulation (EC, Euratom) No 1748/2002(5)."; (gg) in Article 34, the second paragraph is replaced by the following: "Articles 80 and 81 of the Staff Regulations shall also apply to children born less than 300 days after the death of the official or former official in receipt of a retirement pension or invalidity allowance."; (hh) in Article 35, the words "of a retirement, invalidity or survivor's pension" are replaced by "of a retirement or survivor's pension or of an invalidity allowance"; (ii) in Article 36, the words "and invalidity allowances" are inserted after "Salaries"; (jj) Article 39 is deleted; (kk) Article 40 is amended as follows: (i) in the first paragraph, the words "retirement, invalidity, or survivor's or provisional pension" are replaced by "retirement, or survivor's or provisional pension or invalidity allowance"; (ii) the second paragraph is replaced by the following: "A retirement pension or invalidity allowance shall not be paid concurrently with the salary payable from the general budget of the European Union or by one of the agencies nor with the allowance payable under Articles 41 and 50 of the Staff Regulations. Similarly, they shall be incompatible with any remuneration derived from a post in one of the institutions or agencies."; (ll) Article 42 is amended as follows: (i) the words "a retirement or invalidity pension" are replaced by "a retirement pension or invalidity allowance"; (ii) the words "or allowance" are inserted between "their pension" and "within one year"; (mm) in Article 44, the word "temporarily" is inserted before "deprived" and the words "under Article 86 of the Staff Regulations" are replaced by "under Article 9 of Annex IX"; (nn) in Article 45, the third paragraph is replaced by the following: "For pensioners residing in the European Union, benefits shall be paid in euro into a bank in the Member State of residence. For pensioners residing outside the European Union, pensions shall be paid, in euro into a bank in the country of residence. The pension may by way of exception be paid in euro into a bank in the country where the institution has its headquarters, or in foreign currency in the country of residence of the pensioner, converted at the most up-to-date exchange rates used for the implementation of the general budget of the European Union. This Article shall apply by analogy to the recipients of an invalidity allowance."; (oo) in Article 46, the words "of a retirement or invalidity pension" are replaced by "of a retirement pension or invalidity allowance"; 99) Annex IX is replaced by the following: "ANNEX IX DISCIPLINARY PROCEEDINGS Section 1 General provisions