amending the Regulations instituting a Pension Scheme for specially appointed officials of the Council of Europe and a temporary retiring allowance
(Adopted by the Committee of Ministers on 31 January 2007
at the 985th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe,
Considering that the Regulations instituting a Pension Scheme for specially appointed officials of the Council of Europe need to be revised to take account of the introduction of the New Pension Scheme;
On a proposal from the Secretary General;
Resolves as follows:
1. The Regulations instituting a Pension Scheme for specially appointed officials and a temporary retiring allowance shall henceforth read as follows:
“Regulations instituting a Pension Scheme for specially appointed officials of the Council of Europe and a temporary retiring allowance
A Pension Scheme and a temporary retiring allowance, governed by the provisions of these Regulations, are hereby instituted for specially appointed officials of the Council of Europe.
The Regulations shall apply, with effect from the date on which they took up their duties, to specially appointed officials in service, on the date of adoption of these Regulations, for a first term of five years and to officials who will subsequently be elected or re-elected to appointments in the special category.
The Pension Scheme Rules established by Resolution (77) 11, as amended by the 132nd report of the Co-ordinating Committee on Remuneration,1 for the benefit of established officials shall be applicable to specially appointed officials of the Council of Europe, with the exception of those appointed in this category after the date of adoption of these Regulations, and who, if they previously worked as established officials, were affiliated to the New Pension Scheme.
Specially appointed officials not eligible to be covered by the aforementioned Pension Scheme Rules shall be covered by the New Pension Scheme established by Resolution Res(2002)54 providing for a New Pension Scheme for permanent staff members.2
However, by derogation from the provisions of Article 7 of the said rules, the specially appointed officials shall be able to ask to benefit from a retirement pension after five years' service in the Organisation.
Specially appointed officials shall contribute the same percentage of their salary to the Pension Scheme as established officials affiliated respectively to the Pension Scheme Rules (Appendix V to the Staff Regulations) and to the New Pension Scheme (Appendix Vbis to the Staff Regulations), namely respectively 8.9% and 9.2% of their salaries, exclusive of allowances. These contributions shall be adjusted in the same way as those of established officials.
Temporary retiring allowance
On the first day of the month following the termination of his duties, and for a period of three years, a specially appointed official shall receive a temporary monthly allowance equal to 40% of his last monthly salary (exclusive of representational allowance) if he was in office for less than two years, 45% if he was in office for more than two but less than three years, and 50% in all other cases.
Entitlement to the allowance shall cease if the beneficiary is appointed to a new post in the Council of Europe. In such case, the allowance shall be paid up to the date on which he takes up his duties.
In the event of death, the last payment shall be made for the month in which the beneficiary dies.
If the beneficiary takes up other employment in the course of the said three-year period, the monthly remuneration which he earns shall be deducted from the allowance provided for in Article 4 above to the extent that the said remuneration combined with the allowance exceeds the amount of the monthly salary which he was receiving at the end of his term of office.
The temporary allowance provided for in Article 4 cannot be paid concurrently with the service or disablement pension provided for in the Pension Scheme instituted by Article 2 above.
If a specially appointed official would be entitled to both the temporary allowance and on or other of the said pensions, he shall be granted only that benefit which is the most favourable.
The temporary allowance shall be paid from the budget of the Organisation.”
Note 1 Approved by the Ministers' Deputies at their 778th meeting on 19 December 2001 (CM/Del/Dec(2001)778/11.7).
Note 2 As adopted by the Ministers' Deputies at their 818th meeting on 27 November 2002 (CM/Del/Dec(2002)818/11.4).