ECJ Officials – pensions – pension rights acquired before entry into the service of the communities – transfer to the community scheme – detailed rules -actuarial equivalent or sums repaid – possibility of choosing – obligations of the member states – limits (staff regulations of officials, annex viii, art. 11 (2)). Although the member states are under an obligation to take practical steps to enable officials to exercise the option conferred upon them by article 11 (2) of annex viii to the staff regulations of transferring the rights acquired under a national pension scheme to the community pension scheme, that provision, whose purpose is to ensure the transition from a national insurance scheme to the community scheme by one of the two procedures to which it refers, namely transfer of the actuarial equivalent or transfer of the sums repaid, without giving precedence to either, does not require the member states to grant officials the option of choosing between those two methods of calculation. Accordingly, if the provisions applicable in a member state to the transition from one national pension scheme to another make no provision for the calculation of the actuarial equivalent, article 11 (2) of annex viii to the staff regulations does not prevent that member state from adopting only the calculation of the sums repaid for the purpose of transferring pension rights from a national scheme to a community scheme.
Citations:
C-315/85, [1987] EUECJ C-315/85
Links:
European, Employment
Updated: 22 May 2022; Ref: scu.134236
