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Document 02009D0713(01)-20240101
Decision of the Bureau of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament
Consolidated text: Decision of the Bureau of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament
Decision of the Bureau of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament
02009D0713(01) — EN — 01.01.2024 — 009.002
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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DECISION OF THE BUREAU of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament (OJ C 159 13.7.2009, p. 1) |
Amended by:
DECISION OF THE BUREAU
of 19 May and 9 July 2008
concerning implementing measures for the Statute for Members of the European Parliament
2009/C 159/01|
TABLE OF CONTENTS |
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TITLE I — |
EXERCISE OF THE PARLIAMENTARY MANDATE |
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Chapters: |
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1. |
Salary |
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2. |
Medical expenses |
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3. |
Insurance against risks connected with the exercise of the parliamentary mandate |
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4. |
Reimbursement of expenses |
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5. |
Assistance from personal staff |
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6. |
Provision of equipment and facilities |
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7. |
General expenditure allowance |
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TITLE II — |
END OF THE PARLIAMENTARY MANDATE |
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Chapters: |
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1. |
Transitional allowance |
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2. |
Old-age pension |
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3. |
Invalidity pension |
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4. |
Survivor’s pension and orphan’s pension |
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TITLE III — |
GENERAL AND FINAL PROVISIONS |
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Chapters: |
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1. |
Payment arrangements |
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2. |
Regularisation and recovery |
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3. |
Other general financial provisions |
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4. |
Final provisions |
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TITLE IV — |
TRANSITIONAL PROVISIONS |
TITLE I
EXERCISE OF THE PARLIAMENTARY MANDATE
CHAPTER 1
Salary
Article 1
Entitlement to salary
From the date on which they take up their duties until the last day of the month in which those duties cease, Members shall be entitled to the salary referred to in Article 10 of the Statute.
Article 2
Prohibition of concurrent receipt of salaries
CHAPTER 2
Medical expenses
Article 3
Recipients of reimbursements and reimbursement procedures
Pursuant to Article 18 of the Statute, and applying mutatis mutandis the rules drawn up by common agreement between the institutions of the Communities ( 2 ), and their general implementing provisions ( 3 ), the following persons shall be entitled to reimbursement of two-thirds of the costs that they incur as a result of sickness, pregnancy or the birth of a child:
Members and former Members in receipt of the transitional allowance provided for in Article 13 of the Statute or of a pension pursuant to Articles 14 and 15 of the Statute in respect of their expenses and the expenses incurred:
by their spouses or stable non-marital partners as defined in Article 58(2); and
by their dependent children as defined in Article 58(3), until the latter reach the age of 21 or, at the latest, 25 if they are in full-time education or professional training, or with no age limit if they are suffering from a serious illness or infirmity which prevents them from meeting their own needs,
in cases where those spouses, stable non-marital partners and dependent children are not eligible for benefits of the same nature and of the same level as Members or former Members by virtue of any other legal provision or regulations;
persons entitled to a survivor’s pension pursuant to Article 17 of the Statute.
The persons referred to in points (a) and (b) shall be free to choose their practitioners and hospitals or clinics as set out in Article 19(1) of the aforementioned rules.
Article 4
Procedure
Applications for reimbursement shall be submitted to the relevant Parliament department or directly to the Settlements Office of the Commission, using standard forms accompanied by supporting documents.
Article 5
Financing
The financing of the reimbursement system and the arrangements for settling expenses shall be governed by a cooperation agreement between Parliament and the Commission on the basis of the provisions of the Statute and of the Joint Sickness Insurance Scheme of the institutions of the European Communities. On behalf of Parliament, its President shall sign that agreement after consulting the Quaestors.
Article 6
Complaints
Notwithstanding Article 72, any dispute arising from the interpretation of this chapter in specific cases shall be submitted to the Secretary-General, who shall take a decision after obtaining an opinion from the Management Committee of the Joint Sickness Insurance Scheme of the institutions of the European Communities and after consulting the Quaestors.
CHAPTER 3
Insurance against risks connected with the exercise of the parliamentary mandate
Article 7
General provisions
Under the conditions laid down in the insurance contracts, Members shall be entitled to:
insurance against accidents which they might suffer during the exercise of their mandate;
insurance against theft and loss of their personal property and effects during the exercise of their mandate.
Article 8
Accident insurance
The provisions of the accident insurance policy shall provide for:
in the event of death: payment to the persons listed below of a lump sum equal to five times the annual salary provided for in Article 10 of the Statute:
in the event of total permanent invalidity: payment to the person concerned of a lump sum equal to eight times the salary provided for in Article 10 of the Statute;
in the event of partial permanent invalidity: payment to the person concerned of a proportion of the amount provided for in point (b) calculated by reference to the scale laid down by the rules drawn up by common agreement of the institutions of the Communities ( 5 ), as provided for in Article 73(1) of Regulation (EEC, Euratom, ECSC) No 259/68.
The powers of the Appointing Authority as laid down in the above instruments shall be exercised, in respect of Members, by the President of Parliament.
Recognition of total or partial permanent invalidity, pursuant to this article and the above instruments, shall not in any way preclude the application of Article 15 of the Statute and vice versa.
Article 9
Insurance against loss and theft
The insurance policy against theft and loss of personal property and effects shall provide for:
worldwide cover;
a maximum sum insured of EUR 5 000 per theft or loss;
an excess of EUR 50 payable by the Member in the event of a successful claim;
cover for personal effects and property;
application of a percentage for depreciation on the price of the effect or property when the reimbursement is made.
CHAPTER 4
Reimbursement of Expenses
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Reimbursement of travel expenses
:
Common provisions
Article 10
Entitlement to reimbursement for duty travel
Members shall be entitled to reimbursement of expenses actually incurred in undertaking:
journeys to and from Parliament’s places of work or the venues for meetings of one of its official bodies, as defined in paragraph 3, hereinafter referred to as ‘ordinary travel expenses’;
journeys undertaken in the performance of their duties outside the Member State in which they were elected, in keeping with the conditions laid down in Article 22, hereinafter referred to as ‘additional travel expenses’;
journeys undertaken in the Member State in which they were elected, in keeping with the conditions laid down in Article 23.
Article 11
Procedure
Travel expenses shall be reimbursed on the basis of the attestation of attendance and on presentation of the relevant travel documents, and, where appropriate, other supporting documents as stipulated in Article 14.
Article 12
Attestation of attendance
Article 13
Travel documents
Applications for reimbursement of travel expenses must be accompanied by supporting documents indicating the price paid, the route taken and the class, date and time of travel, and, in particular:
in the event of travel by air: tickets bearing the Member's name and all boarding cards or the electronic proof of the use of such tickets;
in the event of travel by rail or boat: all the tickets.
Supporting documents enabling the date of the journey to be ascertained must always be submitted in the case of journeys between Brussels and Strasbourg.
Article 14
Other supporting documents
Applications for reimbursement of travel expenses must be accompanied by the following documents:
in the cases referred to in Article 10(1), point (b): an invitation to or a programme for the event attended by the Member or other supporting documents proving that the journey was undertaken in the exercise of the Member’s mandate, or in the case referred to in Article 22(2a), a declaration by the Member that the journey was undertaken in the exercise of his or her mandate;
in the cases referred to in Article 10(1), point (c): a declaration by the Member stating the purpose of the journey undertaken in the exercise of his or her mandate;
in the cases referred in Article 10(2): where appropriate, an authorisation from the President, the Bureau or the Conference of Presidents;
in the cases referred to in Article 10(2a): an invitation from the Council.
Article 15
Amounts reimbursed
Travel expenses shall be reimbursed on the basis of the expenses actually incurred, up to a maximum of:
in the event of travel by air: the business class tariff;
in the event of travel by rail or boat: the first-class fare;
in the event of travel by car, with a reimbursement ceiling of 1 000 km per outward or inward journey: EUR 0,58/km, plus the cost of any ferry crossing or similar transportation required.
Provisions applicable to ordinary travel expenses
Article 16
Days on which travel is undertaken
Article 17
Routes
The most direct route shall be determined by taking into account:
for journeys by air: the closest airport to the Member’s point of departure which can issue an air ticket at the tariff referred to in Article 15 and the distance between that airport and the destination;
for journeys by rail: the station closest to the Member’s point of departure and the distance between that station and the destination;
for journeys by car: the distance between the Member’s point of departure and the destination.
If the route is not accepted or the route proposed by the Member has the effect of increasing the cost of the journey by more than 20 %, the matter shall be referred to the Secretary-General, who may consult the Quaestors before making a decision.
Article 18
Arrangements
Article 19
Entitlement to the distance and duration allowances
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The amounts of the distance and duration allowances:
for travel to Parliament’s places of work, shall be set at the beginning of the Member’s term of office for the duration thereof, and shall be reviewed only in the event of a change of address, irrespective of any changes in the route actually taken;
for travel to other venues for meetings within the meaning of Article 10(1)(a), (2) and (2a), shall be set for each journey individually.
Article 20
Amount of the distance allowance
The distance allowance shall be calculated as follows:
for the part of the journey between 0 and 50 km: EUR 25,91;
for the part of the journey between 51 and 250 km: EUR 0,15/km;
for the part of the journey between 251 and 1 000 km: EUR 0,07/km;
for the part of the journey in excess of 1 000 km: EUR 0,03/km.
If the calculation basis for a train journey is unknown or hard to ascertain, the calculation basis for a car journey shall be used.
Article 21
Amount of the duration allowance
The duration allowance shall be calculated as follows:
for a journey with a total duration of between two and four hours: amount equivalent to one-eighth of the allowance provided for in Article 24;
for a journey with a total duration of between four and six hours: amount equivalent to one-quarter of the allowance provided for in Article 24;
for a journey with a total duration of more than six hours involving no overnight stay: amount equivalent to half the allowance provided for in Article 24;
for a journey with a total duration of more than six hours and necessarily involving, for duly substantiated reasons, an overnight stay: amount equivalent to a full allowance as provided for in Article 24, subject to presentation of supporting documents.
The duration of the journey shall be calculated as follows:
for journeys by air, rail or boat:
The Bureau shall determine the duration of journeys to Strasbourg via other airports on the basis of the availability of means of transport.
for journeys by car: duration of the journey between the Member’s place of residence and the place of work or meeting venue, made at a speed of 70 km/h.
Provisions governing additional journeys and journeys in the Member State of election
Article 22
Additional travel expenses
Where all of the combined travel takes place within the European Union, the leg of the journey that starts or finishes at one of Parliament's places of work or official meeting venues shall be reimbursed in accordance with Article 10(1)(a).
Where part of the combined travel takes places outside the European Union, the additional cost arising from the Member's not having travelled by the most direct route on account of the additional journey shall be charged to his or her additional travel allowance, as provided for in paragraph 1.
A committee or subcommittee chair may authorise in writing one of his or her vice-chairs, or, if that is not possible, a member of his or her committee or subcommittee, to represent him or her at such a conference or event.
These expenses shall be subject to the same conditions governing reimbursement as those which apply to additional travel expenses.
Article 23
Travel expenses incurred in the Member State of election
The entitlement to the reimbursement of travel expenses incurred in the Member State in which a Member was elected, as referred to in Article 10(1), point (c), may not exceed, per calendar year:
24 (return) journeys by air, rail or boat; Members elected in mainland France may not make more than two journeys to the overseas departments and regions, overseas local authorities, New Caledonia and the French Southern and Antarctic Territories;
as regards journeys by car, a distance not exceeding:
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24 000 km |
for Members elected in Germany, Spain, France, Italy, Poland, Romania, Finland, Sweden or the United Kingdom; |
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16 000 km |
for Members elected in Bulgaria, the Czech Republic, Ireland, Greece, Hungary, Austria, Portugal or Slovakia; |
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8 000 km |
for Members elected in Belgium, Denmark, Estonia, Croatia, Cyprus, Latvia, Lithuania, Luxembourg, Malta, the Netherlands or Slovenia. |
The same shall apply, mutatis mutandis, for any Member who has exhausted his or her car journey allowance.
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Reimbursement of subsistence expenses
Article 24
Subsistence allowance
Members shall be entitled to a subsistence allowance for each day’s attendance:
in a place of work or at a meeting venue, duly attested in accordance with Article 12, involving travel covered by the provisions governing reimbursement of ordinary travel expenses;
at a meeting of a committee or another body of a national parliament, held away from the Member’s place of residence, on presentation of the attestation of attendance drawn up by that committee or body.
During weeks set aside for external parliamentary activities, Members shall be entitled to receive a subsistence allowance for a maximum of three days, except where the allowance is payable pursuant to points (a) and (b) and except in the specific circumstances decided by the Bureau on 19 October 2009.
If the official activity takes place outside the territory of the Community, a Member shall receive:
a lump-sum allowance equal to half the amount provided for in paragraph 2 for the period between the departure time of the last convenient flight before the beginning of the meeting and the arrival time of the first convenient flight after the meeting, or between the departure time and the arrival time of any special aircraft chartered by Parliament, as appropriate. Periods of more than 12 hours shall count as a full day. Periods of more than six, but fewer than 12, hours shall count as a half day;
on presentation of the original bill, reimbursement of reasonable accommodation expenses incurred at the meeting venue;
on presentation of supporting documents, reimbursement of visa costs and related expenses;
in duly substantiated exceptional circumstances, reimbursement of reasonable subsistence expenses incurred during the journey itself.
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General provisions
Article 25
Assistance to Members on official journeys
The insurance policy shall cover inter alia the cost of provision of the following assistance:
Article 26
Assistance for disabled Members
The Quaestors may, on a proposal from the Secretary-General and after consulting Parliament’s doctor, authorise the defrayal by Parliament of certain expenditure required to provide a seriously disabled Member with the assistance he or she needs to perform his or her duties. The percentage of invalidity and the suitability of the assistance proposed shall be subject to periodic confirmation by Parliament’s doctor. The authorisation given by the Quaestors shall lay down the arrangements for providing assistance and the period during which it is to be provided.
Article 27
Periods of absence
The subsistence allowance provided for in Article 24 shall be reduced by 50 % for each day on which a Member has been absent for more than half of the roll-call votes taken on the Tuesdays, Wednesdays and Thursdays of Strasbourg part-sessions and the second day of Brussels part-sessions.
Article 28
Pecuniary sanctions
CHAPTER 5
Assistance from personal staff
Article 29
Defrayal of parliamentary assistance expenses
Article 30
General principles
Members shall make use of:
accredited parliamentary assistants as referred to in Article 5a of the Conditions of employment of other servants, and
natural persons who are to assist Members in their Member States of election and who have concluded an employment or service contract with them in keeping with applicable national law, in accordance with the conditions laid down in this chapter, hereinafter referred to as ‘local assistants’.
Members shall submit a written declaration to the relevant department laying down the respective shares to be deducted from the amount provided for in Article 29(4).
Those assistants, trainees, service providers and paying agents may, on the duly justified ground of protection of their safety, request in writing that their name or corporate name not be published on the European Parliament's website. The Secretary-General shall decide whether to grant such a request.
Moreover, the expenses in relation to the provision of services referred to in Article 30 may not exceed 25 % of the amount provided for in Article 29(4).
These limits shall be calculated on the cumulative basis per financial year of the monthly entitlements provided for in Article 29(4), plus any unused balance carried over to the following financial year under Article 29(6), on a pro rata basis.
However, the ceilings calculated in this way cannot be less than the basic pay of a grade 6 accredited parliamentary assistant or more than that of a grade 19 accredited parliamentary assistant.
Any bonus shall be defrayed only up to the aforementioned ceilings calculated on an annual basis.
The ceilings shall be reduced pro rata where the local assistant works part-time or where the local assistant does not work a full month.
Article 30a
Financial consequences of a proven case of harassment of an accredited parliamentary assistant
If, following an internal harassment procedure in which both parties have been heard, the President establishes that a Member is guilty of the psychological or sexual harassment of an accredited parliamentary assistant, all the Member’s financial obligations under that accredited assistant’s contract, in particular the assistant’s pay, shall, by way of derogation from Article 29, be deducted by Parliament from its defrayal of the parliamentary assistance expenses of that Member and the Member shall not be entitled to the provision of any further services by that assistant.
Article 31
Paying agents
Expenses incurred in using paying agent services in accordance with paragraph 1 shall be covered by the amount provided for in Article 29(4) and shall not be subject to the limit laid down in Article 30(10) in respect of services.
Paying agents' fees, net of VAT, may not exceed 10 % of the salary costs, fees and allowances of local assistants, service providers and trainees, the payment of which is their responsibility, nor 4 % of the amount provided for in Article 29(4).
Maximum limits on paying agents' fees shall be reviewed on a cumulative basis by calendar year in proportion to the duration of their contract.
The standard contract shall establish, in accordance with this chapter, the payment arrangements in respect of the contracts referred to in paragraph 1 and the paying agent’s remuneration and liability.
Article 32
Arrangements for managing contracts with personal staff
Advances may also be used to cover the expenses incurred by local assistants in making short journeys. In that case, they shall be paid on a flat-rate basis up to a maximum of EUR 100 per assistant per month. Should the expenses incurred exceed that ceiling, the paying agent shall submit on a quarterly basis supporting documents substantiating the expenses incurred. In exceptional cases these supporting documents may be replaced by a declaration.
The regularisation of such advances shall remain under the sole responsibility of the paying agents and shall be carried out in accordance with these implementing measures and applicable national law.
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Article 33
Application for defrayal of parliamentary assistance expenses
Paying agents shall immediately forward such information and the corresponding supporting documents to the relevant department.
Article 34
Documents to be submitted in connection with an employment contract
Applications for defrayal of expenses for an employment contract shall contain:
the original employment contract which the Member has concluded with his or her local assistant;
a detailed job description and the precise address at which duties are to be performed;
a calculation sheet detailing the salaries, employers’ and employees’ social security contributions and other likely expenses to be paid or defrayed during the calendar year and on termination of the contract and which takes account of the provisions of national law, including those governing minimum wages, and contractual obligations, including any defrayal of mission expenses;
a certified true copy of a valid identity document of the local assistant;
proof of the place of usual residence of the local assistant;
proof of the qualifications and professional experience of the local assistant; and
a declaration, duly countersigned by the Member, that throughout the duration of the local assistant’s contract, the latter will not engage, directly or indirectly, in any other activities – even those not entitling the assistant to any remuneration – for any organisation pursuing political objectives, such as a political party, foundation, movement or parliamentary political group, if such activities are such as to interfere with the performance by the assistant of his or her duties in that capacity or to give rise to a conflict of interests.
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Article 35
Regularisation of accounts
In the event of termination of the contract between the paying agent and the Member and at the end of the Member’s mandate, these obligations shall be met within three months at the most.
The statements referred to in the first subparagraph shall be drawn up in accordance with Parliament’s specifications.
Should such notification establish that the payments are not regular, the documents required for their regularisation shall be submitted to the relevant department within one month following the date of notification. Failing that, Parliament shall apply Articles 67 and 68.
Article 35a
Obligations regarding employment contracts
They shall be required to reside at a distance from their workplace that is compatible with the proper performance of their duties.
Article 36
Employment contract termination expenses
Paragraph 1 shall not apply if:
the Member concerned is immediately re-elected to the subsequent Parliament;
the Member concerned has served for less than six months;
the Member concerned has failed to comply with legal obligations relating to termination of the employment contract, including notice of dismissal, in good time prior to the end of his or her term of office, except in cases where the end of the term of office could not have been foreseen in advance;
the assistant concerned is in receipt of other remuneration from a Community institution or is employed by another Member or by a grouping of Members during the period in question;
the expenses in question are the result of a specific agreement between the parties or a decision to award a bonus, over and above statutory or collectively agreed obligations, on termination of the employment contract.
In order to cover expenses relating to the termination of an employment contract that cannot be defrayed under paragraphs 1 to 4, Members may instruct their paying agent to set aside funds from the amount referred to in Article 29(4) and to carry them over to the following financial years provided that the following conditions are satisfied:
the Member has, through appropriate written documentation, established that, outside the European Parliament and without the participation of Members of the European Parliament, a well-established practice exists in the sector to which the employment contract relates whereby redundancy payments above the statutory minimum are made;
redundancy amounts corresponding to the practice identified under point (a) have been agreed in the employment contract of the local assistant. The amounts agreed may in no circumstances exceed one month's salary for each year of employment;
the amounts set aside are declared per employee during the annual regularisation procedure under Article 35. The paying agent shall open a separate bank account for the funds and shall each year provide a bank statement for regularisation. In every financial year, the paying agent may only set aside amounts corresponding to employment periods from the start of the ongoing parliamentary term until the end of that financial year or, if the contract expires in that year, until the end of the contract. Interest collected on the amounts set aside shall be declared at the time of the annual regularisation procedure. Any surplus or unused amounts shall be reimbursed to Parliament on an annual basis and at the end of the employment contract concerned.
Article 37
Documents to be submitted in connection with a service contract
With the exception of occasional services the cost of which does not exceed EUR 500 including VAT, an application for defrayal of expenses must be submitted before the conclusion of a contract for the provision of services and must contain:
an estimate and a draft of the contract which the Member intends to conclude with a service provider and which clearly defines the nature of the services to be provided;
in the case of services costing more than EUR 60 000 including VAT, the justification for the selected tender, which must be the most economically advantageous of at least three tenders from completely independent providers, taking into account, apart from the price, the quality of the offer and social aspects; this threshold shall apply on a cumulative basis in the event of successive contracts for similar services from the same provider;
in the case of service providers that are legal persons, a copy of their entry in the commercial register or an equivalent document, together with the articles of incorporation, or in the case of service providers that are natural persons, the documents listed under points (d) to (f) of Article 34, and, save in the case of occasional contracts, under point (g) thereof;
in the case of service providers that are legal persons, a declaration of absence of conflicts of interest confirming that none of those involved in the provision of services is an assistant within the meaning of Article 30 or in any of the categories mentioned in point (d) of Article 39.
Where services are partially or totally exempt from VAT, the relevant department may require the paying agent to confirm the legal basis for that exemption.
Article 38
Extraordinary expenses
Where a local assistant with an employment contract is absent for a period exceeding three months, either on maternity leave or on account of serious illness, the proportion of the cost of replacing him or her, as from the third month of absence, not covered by the employee benefits paid under the applicable national social security scheme may be defrayed over and above the amount referred to in Article 29(4). Paying agents shall submit to the relevant department applications for defrayal of such expenses, duly countersigned by the Member.
Article 39
Non-reimbursable expenses
The sums paid pursuant to this chapter may not be used directly or indirectly:
to finance contracts concluded with an organisation pursuing political objectives, such as a political party, foundation, movement or parliamentary political group;
to cover expenses which may be reimbursed under other allowances provided for by these implementing measures or other provisions of Parliament’s Rules of Procedure;
to cover expenses incurred in connection with a contract for the provision of services where this may give rise to a conflict of interests, in particular in cases where a Member or one of the persons referred to in point (d):
to fund contracts providing for the employment or the use of the services of Members’ spouses or stable partners or their parents, children, brothers or sisters or, in general, giving rise to any possibility of a conflict of interest as defined in Article 62(1a).
CHAPTER 6
Provision of equipment and facilities
Article 40
Access to internal services and the provision of equipment and facilities
The Bureau shall adopt the rules governing Members’ access to Parliament’s internal services and the provision of equipment and facilities to Members, in particular as regards:
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CHAPTER 7
General expenditure allowance
Article 41
Entitlement to the allowance
Article 42
Period covered
Article 43
Payments and periods of absence
Article 44
Expenses covered
Article 44a
Principles governing the use of the general expenditure allowance
The types of cost referred to in paragraph 3 are as follows:
TITLE II
END OF THE PARLIAMENTARY MANDATE
CHAPTER 1
Transitional Allowance
Article 45
Entitlement to the transitional allowance
With effect from the first day of the month following the cessation of their duties, former Members shall be entitled to the transitional allowance referred to in Article 13 of the Statute.
Article 46
Expiry
For the purposes of this Article, ‘public office’ shall mean any of the following:
paid elected posts involving the exercise of the prerogatives of public authority;
membership of a national or regional government;
a post as a senior official exercising public authority or a post as an official or Member of a Union institution.
Article 47
Offsetting of payments
Article 48
Procedure
CHAPTER 2
Old-Age Pension
Article 49
Entitlement to an old-age pension
Former Members or their legal representatives shall, except in cases of force majeure, submit their application for payment of the old-age pension within six months of the commencement of entitlement. After that deadline the date on which enjoyment of the old-age pension takes effect shall be the first day of the month in which the application is received.
Article 50
Prohibition of concurrent receipt of pensions
CHAPTER 3
Invalidity Pension
Article 51
Entitlement to an invalidity pension
The entitlement to an invalidity pension shall begin at the end of the parliamentary term during which the invalidity has arisen:
if the Member is unable to resign because of his or her invalidity, or
if the decision establishing invalidity has been adopted after the end of the parliamentary term during which the procedure referred to in this article has begun, or
if the time-limit referred to in paragraph 2 has not elapsed.
Article 52
Calculation of invalidity pensions
Article 53
Prohibition of concurrent receipt of pensions
Article 54
Offsetting of payments
If a former Member is simultaneously entitled to an invalidity pension and to an old-age pension, he or she shall receive the old-age pension. However, the amount of the old-age pension may not be less than that of the invalidity pension.
Article 55
Procedure
Article 56
Invalidity committee
The invalidity committee shall consist of three doctors:
In the event of failure to agree on the appointment of the third doctor within two months of the appointment of the second doctor, the third doctor shall be appointed ex officio by the President of the Court of Justice of the European Communities at Parliament’s request.
Article 57
Review of invalidity
CHAPTER 4
Survivor’s Pension and Orphan’s Pension
Article 58
Entitlement to a survivor’s pension or orphan’s pension
Article 59
Calculation of the survivor’s pension and orphan’s pension
The entitlement to a survivor’s pension for the surviving spouse shall not be affected by remarriage. This entitlement to a survivor’s pension shall not exist if the circumstances of the individual case indicate beyond reasonable doubt that the marriage was contracted for the sole purpose of obtaining the pension. If the occasion arises, this situation shall be assessed on the basis of facts verifiable from sources available to the public, in the light of the circumstances of each case and after an investigation in which each side has the opportunity to submit its case and reply to the case of the other side.
Article 60
Expiry
However, this entitlement shall be extended for the duration of the orphan’s education or vocational training and, at the maximum, until the end of the month in which he or she reaches the age of 25.
An orphan’s pension shall continue to be paid to an orphan who is unable to support himself or herself on account of sickness or infirmity. The sickness or infirmity must be recognised by Parliament’s doctor. The beneficiary may contest the doctor’s decision by requesting a meeting of a committee constituted in accordance with the rules laid down for the invalidity committee referred to in Annex II, section 3, to Regulation (EEC, Euratom, ECSC) No 259/68.
This entitlement shall lapse if the child becomes able to support himself or herself again. To that end, Parliament may require him or her to undergo examination every five years by a doctor appointed to check whether he or she still meets the conditions governing eligibility for a pension.
TITLE III
GENERAL AND FINAL PROVISIONS
CHAPTER 1
Payment Arrangements
Article 61
Compliance with the Financial Regulation
Article 62
Principle of the use of funds
A conflict of interests exists where the actions of Members are unduly influenced for reasons involving family, emotional life, economic interest or any other shared interest with a recipient.
Article 63
Bank transfer, currencies and conversion rate
Article 64
Bank accounts
Unless the Member or former Member or his or her successors in right and title issue instructions to the contrary, the account opened to receive the salary provided for in Article 10 of the Statute shall also be used to receive payments in respect of the transitional allowance and pensions.
The paying agent shall forward details of his bank account to the relevant department.
Article 65
Payment date
These payments shall reflect the instructions given by Members up to the 25th day of the preceding month.
The deadlines for submitting the documents required by these implementing measures shall be as follows:
in respect of travel and subsistence expenses and allowances: at the latest by 31 October of the calendar year following that in which the journey concerned started;
in respect of parliamentary assistance expenses and other expenses: prior to the closing date laid down by the applicable provisions and at the latest by 7 December of the budgetary year for which defrayal is being requested.
CHAPTER 2
Regularisation and Recovery
Article 66
Alternative supporting documents
In the event of loss of the requisite supporting documents, a Member must submit a declaration of loss accompanied by alternative supporting documents consistent with the requirements laid down in these Implementing Measures.
Article 67
Suspension of payment
If a Member or a paying agent fails to meet his or her obligations under these implementing measures or the contract concluded pursuant to ►M23 Article 31 ◄ , the competent authorising officer may order suspension of the payment of all or part of the allowance concerned, taking due account of any legitimate interests of third parties, for the period required to enable the Member or paying agent to meet his or her obligations or to assess the advisability of applying Article 68.
Prior to any such decision, the Member or paying agent shall be notified in writing and shall have one month in which to comply with these implementing measures or the contract. Copies of the letter shall be forwarded to the Quaestors and, where appropriate, to any third party concerned.
Article 68
Recovery of undue payments
CHAPTER 3
Other General Financial Provisions
Article 69
Index-linking
Article 70
Taxation
In accordance with the conditions laid down in Article 12 of the Statute, Regulation (EEC, Euratom, ECSC) No 260/68 of the Council of 29 February 1968 laying down the conditions and procedure for applying the tax for the benefit of the European Communities ( 11 ) shall apply to Members.
Article 71
Attachment
CHAPTER 4
Final Provisions
Article 72
Complaints
The decision of the Secretary-General on the complaint shall state the reasons on which it is based.
Article 72a
Electronically scanned supporting documents
The relevant Parliament departments shall implement a system of spot checks to ensure that scanned copies of supporting documents match the originals thereof.
Article 73
Entry into force
These implementing measures shall enter into force on the same date as the Statute.
Article 74
Abrogation
Subject to the transitional provisions laid down in Title IV, the PEAM Rules shall cease to be valid on the date on which the Statute enters into force.
TITLE IV
TRANSITIONAL PROVISIONS
Article 75
Survivor’s pension, invalidity pension and old-age pension
Where a former Member in receipt of the invalidity pension dies after 14 July 2009, the survivor's pension shall be paid to his or her spouse, stable non-marital partner or dependent children, subject to the conditions laid down in Annex I to the PEAM Rules.
Article 76
Additional pension
An additional pension which becomes payable from 1 July 2023 to former Members or other beneficiaries pursuant to Articles 1, 3 and 4 of Annex VII to the PEAM Rules shall be paid subject to the following conditions and derogations:
the amount of the pension pursuant to Article 2(1) of Annex VII to the PEAM Rules and the amounts of the maximum and minimum pensions in accordance with Article 2(2) of that Annex shall be reduced by 50 %;
the basic salary of a Judge at the Court of Justice of the European Union within the sense of Article 2(1) and (2) of Annex VII to the PEAM Rules shall be the basic salary on 30 June 2023 and shall not be updated after that date;
the pension pursuant to Article 1 of Annex VII to the PEAM Rules shall be payable from the first day of the calendar month following the date when the Member reaches the age of 67;
where a Member is under 67 years of age at the time of death, entitlement to the survivor’s and orphan’s pensions pursuant to Article 4(1) of Annex VII to the PEAM Rules shall be deferred until the first day of the calendar month following that in which the deceased Member would have reached the age of 67.
For the pensions which became payable to former Members or other beneficiaries pursuant to Articles 1, 3 and 4 of Annex VII to the PEAM Rules before 1 July 2023, the amounts due from that day on shall be reduced and adjusted as follows:
the amount of the pension pursuant to Article 2(1) of Annex VII to the PEAM Rules and the amounts of the maximum and minimum pensions in accordance with Article 2(2) of that Annex shall be reduced by 50 %;
the basic salary of a Judge at the Court of Justice of the European Union within the sense of Article 2(1) and (2) of Annex VII to the PEAM Rules shall be the basic salary on 30 June 2023 and shall not be updated after that date;
Taking into account the other revenues and financial situation of the former Member or other beneficiary, the Quaestors may grant an increase in the pension so that it reaches the at-risk-of poverty threshold. However, the amount of the pension after such increase shall not be higher than the pension that would have been provided pursuant to Articles 1 to 4 of Annex VII to the PEAM Rules, as applicable on 30 June 2023.
When the Quaestors have granted an increase in the pension, the former Member or other beneficiary concerned shall submit, on a yearly basis, an update of the supporting documents referred to in the first subparagraph to the competent service of the European Parliament, for the purpose of assessing compliance over time with the conditions for granting the increase. Where the yearly assessment by the competent service of the European Parliament results in a need to repeal the initial decision or to increase the pension as compared to the one that was initially granted, the competent service of the European Parliament shall submit a proposal to that end to the Quaestors for their decision. All other adjustments to the increase that was initially granted shall be decided by the competent service of the European Parliament.
If the former Member or other beneficiary does not agree with a decision adopted by the Quaestors under the second or third subparagraph of this paragraph, he or she may, within two months after notification of that decision, request that the matter be referred to the Bureau, in accordance with Article 72(3).
Members elected in 2009:
who were Members during a previous parliamentary term, and
who have already acquired or were in the process of acquiring rights in the additional pension fund, and
in respect of whom the Member State of election has adopted a derogation pursuant to Article 29 of the Statute, or who, pursuant to Article 25 of the Statute, have themselves opted for a national scheme, and
who are not entitled to a national or European pension deriving from the exercise of their mandate as Members of the European Parliament
may continue to acquire new rights after the date of entry into force of the Statute, pursuant to the aforementioned Annex VII.
The amount of the one-off final payment by a lump sum shall be established by the competent service of the European Parliament as of the end of the month of reception of the application referred to under the first subparagraph. It shall be calculated as the sum of two amounts. The first amount shall correspond to the total of the contributions in nominal value brought by the Member or former Member concerned to the Additional (Voluntary) Pension Scheme, after the deduction of the pension payments already received by him or her, in nominal value. That deduction shall not exceed the total amount of the contributions brought by him or her to the Additional (Voluntary) Pension Scheme. The second amount shall correspond to 20 % of the total of the contributions in nominal value brought by the Member or former Member concerned to the Additional (Voluntary) Pension Scheme. All amounts shall be paid in euros.
All acquired rights and/or future entitlements in the pension scheme of the Member, former Member or future other beneficiary concerned shall be settled definitively by the end of the month of reception of the application referred to in the first subparagraph. In particular, the entitlements laid down in Articles 1, 3 and 4 of Annex VII to the PEAM Rules shall no longer apply, and paragraph 1b of this Article shall not apply to the Member, former Member or future other beneficiary concerned.
The one-off final payment by a lump sum shall be paid at the latest three months after the application referred to under the first subparagraph was received by Parliament.
Article 77
Transitional allowance
Article 78
Transitional arrangements applicable to the contracts of local assistants and paying agents
Article 79
Life assurance
The procedures concerning continuation, conversion or payment of the surrender value of life assurance policies laid down in Article 19(2) of the PEAM Rules in the event of cessation of duties shall apply, under the terms of the insurance policy, to all current Members until the end of the sixth parliamentary term, provided that they have paid premiums for a period of at least two years.
Article 80
Assistance for seriously disabled children
The benefits paid pursuant to Article 21b of the PEAM Rules shall continue to be paid pursuant to that Article to those Members who were in receipt of them and who are re-elected in 2009.
Article 81
Members covered by Article 25 or Article 29 of the Statute
In addition, the Members referred to in the first subparagraph may ask Parliament to pay the transitional allowance for the part of their term which precedes the entry into force of the Statute; in accordance with the rules laid down in Annex V to the PEAM Rules.
The former Members who are in receipt of a national pension, pursuant to Article 25 or Article 29 of the Statute, and are suffering from a recognised serious illness shall be entitled to reimbursement of their medical expenses related to the continuation of an ongoing treatment, in accordance with the conditions laid down in these implementing measures, provided that:
the serious illness was caused by an event which occurred during the mandate and prevented the Member from exercising the last part thereof;
the illness was recognised as a serious illness by Parliament during the Member’s mandate; and,
the treatment of the illness was initiated during the Member’s mandate.
If the former Member enjoys a primary cover, this entitlement shall apply on a complementary basis, i.e. only for those costs which are not covered by the primary cover.
Article 82
Transitional regime for the waiver of reimbursement of medical expenses
Members who, under Article 3(4), waive their right to reimbursement of medical expenses by 15 March 2011 shall be reimbursed under the conditions laid down in that paragraph, with retrospective effect from 14 July 2009 or else starting from the first month following the date of the last reimbursement of medical expenses made under Article 3(1).
( 1 ) OJ L 278, 8.10.1976, p. 5.
( 2 ) Joint rules on sickness insurance for officials of the European Communities, adopted by all the institutions, common agreement on which was recorded by the President of the Court of Justice of the European Communities on 24 November 2005, as referred to in Article 72 of Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1).
( 3 ) Commission Decision of 2 July 2007 laying down the general implementing provisions for the reimbursement of medical expenses.
( 4 ) OJ L 56, 4.3.1968, p. 1.
( 5 ) Common rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease, adopted by all the institutions, common agreement on which was recorded by the President of the Court of Justice of the European Communities on 13 December 2005.
( 6 ) See the list of expenses which may be defrayed for the purpose of parliamentary assistance, adopted by the Bureau on 5 July 2010 and 26 October 2015.
( 7 ) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
( 8 ) Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1.).
( 9 ) OJ L 319, 5.12.2007, p. 1.
( 10 ) OJ L 357, 31.12.2002, p. 1.
( 11 ) OJ L 56, 4.3.1968, p. 8.