Keywords
Summary

Keywords

1 . OFFICIALS - PENSIONS - TRANSITION FROM A NATIONAL INSURANCE SCHEME TO THE COMMUNITY SCHEME - PROCEDURES - ACTUARIAL EQUIVALENT OR SUMS REPAID - CHOICE POSSIBLE - DUTY ON THE PART OF THE ADMINISTRATION - LIMITS

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 11 ( 2 ))

2 . OFFICIALS - EQUAL TREATMENT - RESTRICTION OF THE CATEGORIES OF COMMUNITY STAFF WHO ENJOY GUARANTEES UNDER THE STAFF REGULATIONS AND SOCIAL SECURITY BENEFITS - DISCRIMINATION - NONE

3 . OFFICIALS - PENSIONS - PENSION RIGHTS ACQUIRED BEFORE ENTRY INTO THE SERVICE OF THE COMMUNITIES - TRANSFER TO THE COMMUNITY SCHEME - PROCEDURES

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 11 ( 2 )

Summary

1 . THE FUNDAMENTAL PURPOSE OF ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS IS TO ENSURE THE TRANSITION FROM A NATIONAL INSURANCE SCHEME TO THE COMMUNITY SCHEME BY ONE OF THE TWO PROCEDURES TO WHICH IT REFERS , THAT IS TO SAY TRANSFER OF THE ACTUARIAL EQUIVALENT OR TRANSFER OF THE SUMS REPAID ; IT DOES NOT , HOWEVER , REQUIRE THAT BOTH PROCEDURES SHOULD BE PROVIDED FOR , WHETHER OR NOT THEY EXIST UNDER NATIONAL LAW .

2 . IT IS NOT POSSIBLE TO QUESTION THE DIFFERENCES IN STATUS BETWEEN THE VARIOUS CATEGORIES OF PERSONS EMPLOYED BY THE COMMUNITIES . ACCORDINGLY , THE FACT THAT SOME CATEGORIES OF PERSONS EMPLOYED BY THE COMMUNITIES MAY ENJOY GUARANTEES UNDER THE STAFF REGULATIONS AND SOCIAL SECURITY BENEFITS WHICH ARE NOT GIVEN TO OTHER CATEGORIES CANNOT BE REGARDED AS DISCRIMINATION .

3 . WHERE PENSION RIGHTS ACQUIRED UNDER A NATIONAL SCHEME ARE TRANSFERRED TO THE COMMUNITY SCHEME , THE ESTABLISHMENT OF THE ACTUARIAL EQUIVALENT BY THE ORIGINAL SOCIAL SECURITY INSTITUTION AND ITS REASSESSMENT ON THE BASIS OF THE RULES APPLICABLE UNDER THE COMMUNITY ' S PENSION SCHEME ARE BASED ON DIFFERENT PARTICULARS AND CONSIDERATIONS REGARDING THE HISTORY OF THOSE CONCERNED , THEIR FUTURE PROSPECTS , THE AMOUNT OF CONTRIBUTIONS AND THE NATURE AND AMOUNT OF BENEFITS , WITH THE RESULT THAT IT DOES NOT SEEM ABNORMAL THAT THE DETERMINATION OF THE YEARS OF PENSIONABLE SERVICE TO BE TAKEN INTO ACCOUNT FOR THE COMMUNITY PENSION LEADS TO A DIFFERENT FIGURE FROM THE YEARS OF PENSIONABLE SERVICE TAKEN INTO ACCOUNT BY THE NATIONAL INSTITUTION .