Council Regulation (ECSC, EEC, Euratom) No 1860/76 of 29 June 1976 laying down the Conditions of Employment of Staff of the European Foundation for the Improvement of Living and Working Conditions

The amount of this allowance shall be equal to the amount of the allowance provided for in Article 4a of Annex VII to the Staff Regulations of officials of the European Communities.

Section 3

EXPATRIATION ALLOWANCE

Article 10

(a)to staff: —who are not and have never been nationals of the State in whose  ————— territory the place where they are employed is situated, and —who during the five years ending six months before they entered the service did not habitually reside or carry on their main occupation within the European territory of that State. For the purposes of this provision, circumstances arising from work done for another State or for an international organization shall not be taken into account;

(b)to staff who are or have been nationals of the State in whose territory the place where they are employed is situated but who during the 10 years ending at the date of their entering the service habitually resided outside the European territory of that State for reasons other than the performance of duties in the service of a State or of an international organization. The expatriation allowance shall be not less than Bfrs 3 543 per month.

Section 4

REIMBURSEMENT OF EXPENSES

A.

Installation allowance and resettlement allowance

Article 11

In cases where a husband and wife employed by the Foundation are both entitled to the installation allowance, it shall be payable only to the person whose basic salary is the higher. The installation allowance shall be weighted at the rate fixed for the place where the staff member is employed. (b)An installation allowance of the same amount shall be paid to any staff member who is transferred to a new place of employment and is thereby obliged to change his place of residence in order to comply with Article 16 of the Conditions of Employment. (c)The installation allowance shall be calculated by reference to the marital status and salary of the staff member either at the time of his engagement or at the end of his probationary period, where there is a probationary period, or on the date of his transfer to a new place of employment. The installation allowance shall be paid on production of documents establishing the fact that the staff member, together with his family if he is entitled to the household allowance, has settled at the place where he is employed. (d)A staff member who is entitled to the household allowance and does not settle with his family at the place where he is employed shall receive only half the allowance to which he would otherwise be entitled; the second half shall be paid when his family settles at the place where he is employed, provided that it does so within the periods laid down in Article 16 (4). Where the staff member is transferred to the place where his family resides before his family has settled at the place where he is employed, he shall not thereby be entitled to an installation allowance. (e)A staff member who has received an installation allowance and who voluntarily leaves the service of the Foundation within two years from the date of entering it shall, on leaving the service, refund part of the allowance, in proportion to the unexpired portion of that two-year period. (f)A staff member in receipt of installation allowance shall declare any allowance of like nature which he received from other sources; such latter allowances shall be deducted from the allowance provided for in this Article.

Article 12

In cases where a husband and wife employed by the Foundation are both entitled to the resettlement allowance, this shall be payable only to the person whose basic salary is the higher.

A staff member who has completed more than one year's but less than four years' service shall receive a resettlement allowance proportionate to his length of service, incomplete years being disregarded.

Periods of unpaid leave shall be disregarded in calculating this period.

The resettlement allowance shall be weighted at the rate fixed for the place where the staff member was last employed.

Resettlement of a staff member or of the family of a deceased staff member shall take place within three years of the date of termination of his service.

This time limit shall not apply as against persons entitled under him who can prove that they were unaware of the foregoing provisions.

Article 13

However, the installation allowance provided for in Article 11 and the resettlement allowance provided for in Article 12 shall not be less than:

—Bfrs  37 000 for a staff member who is entitled to household allowance; and

—Bfrs  22 000 for a staff member who is not entitled to household allowance.

B.

Travel expenses

Article 14

(a)on taking up his appointment, from the place where he was recruited to the place where he is employed;

(b)on termination of service, from the place where he is employed to the place of origin as defined in paragraph 3 below.

In the event of the death of a staff member, the widow and dependants shall be entitled to reimbursement of travel expenses under the same conditions.

Travel expenses shall also include the cost of seat reservations, transport of luggage and, where applicable, hotel expenses necessarily incurred.

—the shortest and most economical standard route by rail between the place of employment and the place of recruitment or origin;

—first-class fare for staff in Categories A and B; second-class fare for other staff;

—where the journey includes not less than six hours of night travel between 2200 hours and 0700 hours, sleeping accommodation up to the cost of tourist class or couchette, on production of the relevant ticket.

Where a means of transport other than that mentioned above is used, calculation of reimbursement shall be based on the cost by rail in the appropriate class, excluding sleeping accommodation. Where calculation on this basis is not possible, the terms of reimbursement shall be determined by special decision of the director.

The effect of such a change shall not, however, be such as to recognize as the centre of the staff member's interests a place outside the territories of the Member States of the European Communities or of the countries and territories listed in Annex IV to the Treaty establishing the European Economic Community.

Article 15

—once in each calendar year if the distance by rail between the place of employment and the place of origin is more than 50 km but less than 725 km;

—twice in each calendar year if the distance by rail between the place of employment and the place of origin is 725 km or more;

In cases where a husband and wife are both employed by the Foundation, each has the right in respect of himself or herself and in respect of dependants to the flat-rate payment of travelling expenses, in accordance with the above provisions; each dependant shall be entitled to one payment only. The payment in respect of dependent children is fixed at the request of the husband or wife, on the basis of the place of origin of either of them.

Where a staff member marries and is for that reason recognized as being entitled to household allowance the travel expenses payable for the spouse shall be calculated in proportion to the period from the date of the marriage to the end of the year.

Any alteration to the basis of calculation which may arise from changes in family status after the date of payment of the sums in question shall not render the staff member concerned liable to make repayment.

Travel expenses for children aged four to 10 years shall be calculated on the basis of half fare, the children being deemed for the purposes of calculation to have completed their fourth or 10th year on 1 January of the current year.

However, if the distance of the outward and return journey is 800 kilometres or more, payment for staff members in categories C and D shall be based on the cost of a first-class ticket.

Where the distance by rail between the place of employment and the place of origin exceeds 500 kilometres and in cases where the usual route includes a sea-crossing, the staff member concerned shall be entitled, on production of the tickets, to reimbursement of the cost of travel by air in the class immediately below luxury class or first class.

Where calculation on this basis is not possible, the terms of payment shall be determined by special decision of the director.

However, if his wife and other dependants within the meaning of Article 7 (2) do not live with the staff member at his place of employment, they shall be entitled once in each calendar year, subject to the submission of supporting documents, to repayment of travel expenses from the place of origin to the place of employment, or to the repayment of travel expenses to another place not exceeding the cost of the former journey.

C.

Removal expenses

Article 16

Where the deceased staff member was unmarried, the expenses shall be reimbursed to those entitled under him.

On termination of service, removal shall be effected within three years as provided in the second subparagraph of Article 12 (4).

Removal expenses arising after the expiry of the time limits set out above shall be reimbursed only in exceptional cases and by special decision of the director.

D.

Daily subsistence allowance

Article 17

Daily subsistence allowances shall be amended in line with those payable to officials of the Communities, as determined by the Council.

In cases where a husband and wife employed by the Foundation are both entitled to the daily subsistence allowance, the rates shown in the first two columns shall be applicable only to the person whose basic salary is the higher. The rates shown in the other two columns shall be applicable to the other person.

The above scale shall accord with that laid down by the Council of the European Communities each time remuneration is reviewed pursuant to Article 65 of the Staff Regulations of Officials of the Communities.

(a)in the case of a staff member who is not entitled to household allowance: 120 days;

(b)in the case of a staff member who is entitled to household allowance: 180 days or if the staff member is required to serve a six-month probationary period, that period plus one month;

(c)however, a staff member engaged for a fixed period of less than one year, or deemed by the Director to be engaged for an equivalent period if his contract is for an indefinite period, shall, on furnishing evidence that he is no longer able to live in his previous place of residence, receive the daily subsistence allowance for the entire duration of his contract, up to a maximum of one year.

In cases where a husband and wife employed by the Foundation are both entitled to the daily subsistence allowance, the period in respect of which it is granted as laid down in (b) shall apply to the person whose basic salary is the higher. The period laid down in (a) shall apply to the other person.

In no case shall the daily subsistence allowance be granted beyond the date on which the staff member removes in order to satisfy the requirements of Article 16 of the Conditions of Employment.

E.

Mission expenses

Article 18

Article 19

Where an outward and return journey of 800 km or more is involved, staff in categories C and D shall be entitled to reimbursement of the first-class rail fare in respect of the foregoing expenses.

By decision of the director, staff in Categories C and D travelling on mission involving an outward-and-return journey of less than 800 km shall be entitled to reimbursement of the first-class rail fare when accompanying a member of the Administrative Board, the director or a staff member who is travelling first-class.

Travel expenses shall also include:

—the cost of seat reservations and transport of necessary luggage;

—supplements for special fast trains (reimbursed against production of special tickets where these are issued);

—supplements for sleeping accommodation (reimbursed against production of sleeper tickets) where the journey includes not less than six hours of night travel between 2200 and 0700 hours: — —in a double sleeper; —where the train does not have sleeping accommodation of this category, reimbursement shall, with the consent of the director, correspond to the category immediately above or to single sleeper if that is the only category of sleeping accommodation available.

By decision of the director, staff accompanying a member of the Administrative Board or the director on a given mission may, on production of tickets, be reimbursed the cost of the journey in the same class as that used by the member or the director.

Under the conditions laid down in the rules provided for in the second subparagraph of Article 12 (2) of Annex VII to the Staff Regulations of the European Communities, staff who travel on mission under particularly tiring conditions may, by decision of the director, be reimbursed the cost of the journey in the class used, on production of tickets.

By special decision of the director, staff may be authorized to take luggage in excess of the free allowance.

Reimbursement of travel expenses shall in that case be calculated on the standard basis prescribed in paragraph 1.

In the case of a staff member travelling regularly on mission in special circumstances, however, the director may decide to grant him an allowance per kilometre covered instead of reimbursement of rail fares, if the use of public transport and reimbursement of travel expenses on the normal basis involve definite disadvantages.

A staff member authorized to use his own car shall remain fully liable for any accidents to his car or to third parties; he must be in possession of an insurance policy covering civil liability up to an amount considered adequate by the director.

Article 20

I Categories A + B II Categories C + D Belgium 2 335 2 160 Denmark 2 865 2 650 Germany 3 205 2 965 Greece 1 650 1 525 France 2 990 2 765 Ireland 3 060 2 830 Italy 2 570 2 380 Luxembourg 2 500 2 315 Netherlands 3 060 2 830 United Kingdom 4 120 3 810 Daily subsistance allowances for staff members on mission shall be amended in line with those payable to officials of the Communities, as determined by the Council. (b)In the case of missions outside the European territory of Member States of the European Communities, the director may decide to apply other rates.

(a)Mission of 24 hours or less: —six hours or less: reimbursement of actual expenses up to a quarter of the daily subsistence allowance; —12 hours or less, but more than six hours: half the daily subsistence allowance; —24 hours or less, but more than 12 hours: a whole day's subsistence allowance.

(b)Mission of more than 24 hours: —for each period of 24 hours: a whole day's subsistence allowance; —for any further period of six hours or less: no subsistence allowance: —for any further period of 12 hours or less, but more than six hours: half the daily subsistence allowance; —for any further period of more than 12 hours: a whole day's subsistence allowance.

(a)cost of telegrams and inland trunk or international telephone calls where incurred for official purposes;

(b)entertainment expenses in cases covered by Article 21;

(c)exceptional expenditure necessarily incurred by the staff member for the purposes of the mission, either on receipt of special instructions or on account of force majeure and in the interests of the Foundation, and resulting in disbursement out of reasonable proportion to the allowance provided.

Such reduction may be decided on during the course of the mission; in such case it shall take effect not less than eight days after the staff member concerned has been notified thereof, provided that there remain not less than four weeks of mission to be completed, reckoned from the date of notification.

The daily subsistence allowance shall be reduced by 16 % of the allowance provided for in Columns I and II for each meal provided; the allowances provided for in Columns I and II shall be reduced by 34 % for each day's accommodation provided. Where a staff member on mission has all his meals and accommodation provided or reimbursed by one of the institutions of the Communities, by a Community body or by a national or international administration or organization, he shall receive, in place of the daily subsistence allowance for missions provided for above, an allowance of 17 % of the amounts provided for in Columns I and II.

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F.

Fixed reimbursement of expenses

Article 21

In the case of staff who, as a result of special instructions, occasionally incur entertainment expenses for official purposes, the amount of the entertainment allowance shall be determined in each instance on the basis of supporting documents and on terms to be laid down by the director.

Article 22

Staff employed in a place where housing conditions are recognized as being particularly difficult may be paid a housing allowance.

The list of places for which the allowance may be granted, the maximum amount of the allowance and the rules for granting it shall be determined by the Council of the European Communities in accordance with the procedure laid down in Article 65 (3) of the Staff Regulations of Officials of these Communities.

Article 23

A staff member employed in a place where transport is recognized as being particularly difficult and expensive because of the remoteness of housing from the place of work may be paid a transport allowance.

The list of places for which the allowance may be granted, the maximum amount of the allowance and the rules for granting it shall be determined by the Council of the European Communities in accordance with the procedure laid down in Article 65 (3) of the Staff Regulations of Officials of these Communities.

Section 5

Article 24

The rates contained in Section 4 shall be automatically adapted whenever the corresponding rates contained in the Staff Regulations applicable to officials of the European Communities are modified.

Section 6

PAYMENT OF SUMS DUE

Article 25

(a)where the actual number of days payable is 15 or less, the number of thirtieths due shall equal the actual number of days payable;

(b)where the actual number of days payable is more than 15, the number of thirtieths due shall equal the difference between the actual number of days not payable and 30.

Article 26

Payments shall be made to each staff member at the place and in the currency of the country where he carries out his duties.

The provisions laid down in Article 17 (2), (3) and (4) of Annex VII to the Staff Regulations of Officials of the European Communities shall apply by analogy.

ANNEX V

SICKNESS, ACCIDENT AND OCCUPATIONAL DISEASE INSURANCE

Article 1

Article 2

The Rules on insurance against the risk of accident and occupational disease for officials of the European Communities shall apply to staff of the Foundation.

For the settlement of claims arising from those Rules for staff who have sustained an accident or contracted an occupational disease, the Director of the Foundation shall delegate his powers to the administrative authority responsible for settling such claims in respect of accidents sustained or occupational diseases contracted by officials of the European Communities.

The European Communities shall ensure payment to staff of the Foundation and to those entitled under them of the benefits provided for under those Rules.

ANNEX VI

PENSION SCHEME

CHAPTER I

GENERAL PROVISIONS

Article 1

Where the medical examination made before a staff member takes up his duties shows that he is suffering from sickness or invalidity, the Director may, in so far as risks arising from such sickness or invalidity are concerned, decide to admit that staff member to guaranteed benefits in respect of invalidity or death only after a period of five years from the date of his entering the service of the Foundation.

CHAPTER II

RETIREMENT PENSION AND SEVERANCE GRANT

Section 1

Retirement pension

Article 2

A retirement pension shall be payable on the basis of the total number of years of pensionable service acquired by the staff member. Each year of service reckoned as provided for in Article 3 shall entitle him to one year of pensionable service and each complete month to one-twelfth of a year of pensionable service.

The maximum number of years of pensionable service which may be taken into account for the calculation of retirement pension rights shall be 35.

Article 3

For the purpose of calculating years of pensionable service within the meaning of the first paragraph of Article 2, the following shall be taken into account:

(a)the length of service as a staff member counted from  9 March 1982 and time spent on leave for military service after that date, provided that the person concerned has paid his share of the pension contribution in respect of such periods of service;

(b)the period taken into account for retirement, in accordance with Article 10 (2), provided that the actuarial equivalent or the sums repaid have been paid, as stipulated in that Article.

Article 4

A staff member who, having left the service of the Foundation, the European Centre for the Development of Vocational Traning or one of the Community institutions, resumes active employment with the Foundation or 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 with the Foundation, the European Centre for the Development of Vocational Training or one of the Community institutions be taken into account, subject to his repaying any sums paid to him as a severance grant or received by him by way of retirement pension, plus compound interest at the rate of 3,5 % per annum.

Where the staff member, being entitled to a retirement 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 be paid to him, together with 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.

Article 5

The minimum subsistence figure for the purpose of calculating pension benefits shall correspond to the basic salary of a staff member in grade D 4, step one.

Article 6

The actuarial equivalent of the retirement pension shall not be less than the amount which the staff member would have received if Article 11 had been applied to him.

Where the actuarial equivalent of the retirement pension payable in accordance with the preceding provisions is less than this amount, the staff member shall receive a retirement pension the actuarial equivalent of which shall be equal to the amount provided for in the first paragraph.

Article 7

‘Actuarial equivalent of the retirement pension’ means the capital value of the benefits accruing to the staff member, calculated by reference to the latest morality tables compiled by the budgetary authorities of the European Communities as referred to in Article 32, the rate of interest applicable being 3·5 % per annum.

Article 8

A staff member leaving the service before reaching the age of 60 years may request that his retirement pension:

—be deferred until the first day of the calendar month following that in which he reaches the age of 60, or

—be paid immediately, provided that he is not less than 50 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, as shown in the following table: —

Pension payable on early retirement expressed in terms of the pension payable on retirement at the age of 60 years

Early retirement age Coefficient 50 0·50678 51 0·53834 52 0·57266 53 0·61009 54 0·65099 55 0·69582 56 0·74508 57 0·79936 58 0·85937 59 0·92593

Article 9

The right to receive payment of retirement pension shall have effect from the first day of the calendar month following that in which the staff member, whether automatically or at his own request, becomes eligible for that pension.

Article 10

—the actuarial equivalent of retirement pension rights acquired by him in the government administration, national or international organization or undertaking, or

—the sums repaid to him from the pension fund of the government administration, organization or undertaking at the date of his leaving its service.

In such case the competent authority for the payment of pensions shall, taking into account his grade on establishment, determine the number of years of pensionable service with which he shall be credited under the current pension scheme, on the basis of the amount of the actuarial equivalent or sums repaid as aforesaid.

The option referred to in the first subparagraph shall also be open to staff members who entered the service before  9 March 1982, with regard to pension rights corresponding to the period of their service with the Foundation before that date. The number of years of pensionable service shall, however, be determined on the basis of the grade and step held by the person concerned on  9 March 1982.

Section 2

Severance grant

Article 11

(a)the aggregate amount deducted from his basic salary in respect of his pension contributions, plus compound interest at the rate of 3·5 % per annum;

(b)provided that his contract of employment was not terminated pursuant to Article 47 of the Conditions of Employment, a severance grant proportionate to his actual length of service, calculated on the basis of one and a half months for each year of service of the last basic salary before deductions. In cases covered by Article 10 (2), the period of former service shall likewise be deemed to be actual service, to the extent of the number of years of pensionable service credited to him in accordance with the second subparagraph of Article 10 (2);

(c)the total sum paid to the Foundation, in accordance with Article 10 (2), where that sum corresponds to periods before  9 March 1982, and one-third of that sum for the periods after that date, plus compound interest at the rate of 3·5 % per annum.

CHAPTER III

INVALIDITY PENSION

Article 12

Subject to the provisions of Article 1, a staff member aged less than 65 years who at any time during the period in which he is acquiring pension rights is recognized by the Invalidity Committee provided for in Annex I to be suffering from total permanent invalidity and who is obliged on these grounds to end his service with the Foundation shall be entitled, for so long as such incapacity persists, to invalidity pension as provided for in Article 41b of the Conditions of Employment.

Invalidity pension and retirement pension shall not be paid concurrently.

Article 13

A staff member to whom the Invalidity Committee finds that the provisions of Article 41b apply shall automatically be retired on the last day of the month in which the director recognizes his permanent incapacity to perform his duties. Entitlement to invalidity pension shall taken effect from the first day of the calendar month following recognition of the permanent incapacity of the staff member to perform his duties.

Article 14

The Director may at any time require proof that the recipient of an invalidity pension still satisfies the requirements for payment of the pension. Should the Invalidity Committee find that the requirements are no longer satisfied, entitlement to the pension shall cease.

If the person concerned is not reinstated in the service of the Foundation, he shall receive:

—either the severance grant provided for in Article 11, calculated on the basis of the period of service actually completed,

—or, provided that he has reached the age of 50 or over, a retirement pension as provided for under Article 41a of the Conditions of Employment and this Annex.

Article 15

Where a former staff member who has been drawing invalidity pension is reinstated in the Foundation, the time during which he received such pension shall be included for the purpose of calculating his retirement pension, without payment by him of arrears of contributions.

CHAPTER IV

SURVIVOR'S PENSION

Article 16

Where a staff member dies in service or on leave for military service his widow shall be entitled, provided that she has been married to him for at least one year at the time of his death and subject to the provisions of Articles 1 and 21 hereafter, to a widow's pension equal to 35 % of the staff member's last basic monthly salary, which shall not be less than the minimum subsistence figure defined in Article 5. It shall not be less than 60 % of the retirement pension to which her husband would have been entitled had he qualified, irrespective of length of service or of age, for such pension at the time of his death.

The condition of duration of the marriage specified in the first paragraph shall not be taken into account if there are one or more children of the marriage or of a previous marriage of the staff member provided that the widow maintains or has maintained those children, or if the staff member's death resulted either from physcial disability or sickness contracted in the performance of his duties or from accident.

Article 17

Where a former staff member was in receipt of retirement pension his widow shall be entitled, provided that she had been married to him for at least one year when he left the service of the Foundation, and subject to the provisions of Article 21, to a widow's pension equal to 60 % of the retirement pension which he was receiving at the time of his death. The minimum widow's pension shall be 35 % of the staff member's last basic monthly salary and shall not be less than the minimum subsistence figure defined in Article 5; the amount of the widow's pension shall in no case, however, exceed the amount of the retirement pension which her husband was receiving at the time of his death.

The Condition of duration of the marriage specified in the first paragraph shall not be taken into account if there are one or more children of a marriage contracted by the staff member before he left the service, provided that the widow maintains or has maintained those children.

Article 17a

Where a former staff member was in receipt of invalidity pension his widow shall be entitled, provided that she was married to him when he became eligible for the pension, and subject to the provisions of Article 21, to a widow's pension equal to 60 % of the invalidity pension which he was receiving at the time of his death.

The minimum widow's pension shall be 35 % of the final basic salary; the amount of the widow's pension shall in no case, however, exceed the amount of the invalidity pension which her husband was receiving at the time of his death.

Article 18

The widow of a former staff member who left the service before reaching the age of 60 years and requested that his retirement pension be deferred until the first day of the calendar month following that during which he reached the age of 60 years shall be entitled, provided that she had been married to him for at least one year when he left the service of the Foundation, and subject to Article 21 to a widow's pension equal to 60 % of the retirement pension which would have been payable to her husband at the age of 60 years. The minimum widow's pension shall be 35 % of the staff member's last monthly basic salary; the amount of the widow's pension shall in no case, however, exceed the amount of the retirement pension to which the staff member would have been entitled at the age of 60 years.

The condition of duration of the marriage specified in the first paragraph shall not be taken into account if there are one or more children of a marriage contracted by the staff member before he left the service, provided that the widow maintains or has maintained those children.

Article 19

For the purpose  of Articles 17, 17a und 18, the condition of the duration of the marriage shall not be taken into account where the marriage, though contracted after termination of the official's service, has lasted at least five years.

Article 20

It shall not be less than the minimum subsistence figure, as defined in Article 5, subject to the provisions of Article 21.

3. The total amount of pension and allowance calculated in this way shall be divided equally among the orphans entitled.

Article 21

Where a staff member leaves a widow and also orphans of a previous marriage or other persons entitled under him, the total pension, calculated as if for a widow having all these persons dependent on her, shall be apportioned among the various persons concerned in proportion to the pensions which would have been payable to each category of them if treated separately.

Where a staff member leaves orphans of different marriages, the total pension, calculated as though all the children were of the same marriage, shall be apportioned among the various persons concerned in proportion to the pensions which would have been payable to each category of them if treated separately.

For the purposes of calculating this apportionment, dependent children within the meaning of Article 7 of Annex IV, of a previous marriage of either spouse, shall be included in the category of children of the marriage to the staff member.

In the case envisaged in the second paragraph, ascendants who are recognized as being dependants within the meaning of Article 7 (4) of Annex IV shall be treated in the same way as dependent children and, for the purpose of calculating the apportionment, included in the category of descendants.

—————

Article 23

Where the whereabouts of a staff member, or of a former staff member entitled to an invalidity or retirement pension, or of a former staff member 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 calendar month following that in which he reaches the age of 60, are unknown for more than one year, his spouse or persons recognized as his dependants may provisionally receive the survivor's pension to which they would be entitled under these conditions of employment.

The provisions of the first paragraph shall apply to persons recognized as dependants of a person in receipt of or entitled to a survivor's pension whose whereabouts are unknown for more than one year.

Provisional pensions under the first and second paragraphs shall be converted into definitive pensions when the death of the staff member or pensioner has been duly confirmed or he has been legally declared missing, presumed dead.

Article 24

The right to receive payment of survivor's pension shall take effect from the first day of the calendar month following that in which the staff member died. However, where the payment provided for in Article 36 of the conditions of employment is made on the death of the Conditions of Employment is made on the death pension, such right shall take effect on the first day of the fourth month following that in which death occurred.

The right to receive payment of survivor's pension shall cease at the end of the calendar month in which the recipient of the pension dies or ceases to satisfy the requirements for payment of the pension.

Article 25

Where the difference in age between the deceased staff member and his surviving spouse, less the length of time they have been married, is more than 10 years, the survivor's pension, calculated in accordance with the preceding provisions, shall be subject to a reduction, per full year of difference, amounting to:

—1 % for the years between 10 and 20,

—2 % for the years 20 up to but not including 25,

—3 % for the years 25 up to but not including 30,

—4 % for the years 30 up to but not including 35,

—5 % for the years from 35 upwards.

Article 26

A widow's entitlement to survivor's pension shall cease on remarriage. She shall be entitled to immediate payment of a capital sum equal to twice the annual amount of her survivor's pension, provided that the second paragraph of Article 41d (2) of the Conditions of Employment does not apply.

Article 27

The divorced wife of a staff member or a former staff member shall be entitled on his death to a survivor's pension, as defined in this Chapter, provided that she can prove that she is entitled to receive on the death of her former husband maintenance in her own right 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 Article 41g of the Conditions of Employment.

The divorced wife's entitlement shall cease if she remarries before her former husband dies. The provisions of Article 26 shall apply if she remarries after her former husband dies.

Article 28

Where the deceased staff member leaves more than one divorced wife entitled to a 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 duration of the marriages. The provisions of the second and third paragraphs of Article 27 shall apply.

If any of the persons entitled to pension dies or renounces her share, her share shall accrue to the shares of the other persons, except where there are orphans' rights under Article 41d (2) of the Conditions of Employment.

Reductions in respect of difference in age, as provided for in Article 25, shall be applied separately to pensions divided in accordance with this Article.

Article 29

Where under Article 35 the divorced wife ceases to be entitled to a pension, the total pension shall be payable to the widow, provided Article 41d (2) of the Conditions of Employment does not apply.

CHAPTER V

FUNDING OF THE PENSION SCHEME

Article 30

Salaries shall in all cases be subject to deduction of the contributions to the pension scheme provided for in Articles 41a to 41h of the Conditions of Employment and in Annex VI hereto.

Article 31

Contributions properly deducted shall not be refunded. Contributions wrongly deducted shall not confer the right to receive a pension; they shall be reimbursed without interest at the request of the staff member or of those entitled under him.

Article 32

The mortality and invalidity tables and the assumed salary increases for use in calculating the actuarial values provided for in this Annex shall be those adopted by the budgetary authorities of the European Communities pursuant to Article 39 of Annex VIII to the Staff Regulations of officials of those Communities.

SECTION 6

SETTLEMENT OF CLAIMS OF STAFF MEMBERS

Article 33

The Director of the Foundation having delegated his powers, the administrative authority referred to in Article 41h of the Conditions of Employment shall be responsible for settling claims to retirement, invalidity, survivor's or provisional pension. A detailed statement of the settlement shall be communicated to the staff member or to those entitled under him and to the Foundation at the same time as the decision awarding the pension.

A retirement or invalidity pension shall not be paid concurrently with the salary payable by the Foundation or by one of the institutions of the European Communities.

The grant of a retirement, invalidity or survivor's pension shall not give entitlement to the expatriation allowance.

Article 34

The amount of pension may at any time be calculated afresh if there has been error or omission of any kind.

The pension shall be liable to modification or withdrawal if the award was contrary to the provisions of the Conditions of Employment and of this Annex.

Article 35

Where a staff member dies and those entitled under him do not apply for their pension within one year from the date of his death, they shall lose their entitlement, save where force majeure is duly established.

Article 36

A staff member or those entitled under him in favour of whom benefits arise under the pension scheme shall furnish such written proof as may be required and inform the administrative authority referred to in Article 41h of the Conditions of Employment of any facts liable to affect their entitlement.

Article 37

Under conditions to be established by the Commission of the European Communities, staff members may request the Foundation to make any payments necessary to constitute or maintain their pension rights in their country of origin.

These payments shall not exceed 13·5 % of basic salary and shall be charged to the budget of the Foundation.

CHAPTER VII

PAYMENT OF BENEFITS

Article 38

Benefits under the pension scheme shall be paid monthly in arrears.

Benefits shall be paid by the Commission of the European Communities out of the general budget of the European Communities.

Beneficiaries may elect to have their pensions paid in the currency either of their country of origin or of their country of residence or of the country where the Foundation has its seat; their choice shall remain operative for at least two years.

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Article 39

Any sums due to the Foundation from staff members, at the date when a benefit is payable under the pension scheme, shall be deducted from the amount of their benefit or from the benefits payable to those entitled under them. The deduction may be spread over a number of months.

Article 40

Where the invalidity or death of a staff member is caused by a third party, the rights of action of the staff member or of those entitled under him against the third party shall vest in the European Communities within the limits of their obligations under the pension scheme.

ANNEX VII

HALF-TIME WORK

Article 1

The authorization referred to in Article 29a shall be granted on application by the staff member for a maximum of one year.

The authorization may, however, be renewed on the same conditions. Applications for renewal shall be made by the staff member concerned at least one month before expiry of the period for which authorization was granted.

Article 2

If the reasons for which the authorization referred to in Article 29a was granted no longer apply, the Director may withdraw the authorization before expiry of the period for which it was granted, giving one month's notice.

The Director may likewise, on application by the staff member concerned, withdraw the authorization before expiry for the period for which it was granted.

Article 3

A staff member shall be entitled, during the period for which he is authorized to work half-time, to 50 % of his remuneration. He shall, however, continue to receive the full dependent child allowance and the full education allowance.

During that period he may not engage in any other paid activity.

Contributions to the sickness insurance scheme and the pension scheme shall be calculated by reference to the total basic salary.

(1) No L 139, 30. 5. 1975, p. 1.

(2) OJ No L 56, 4. 3. 1968, p. 8.