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 12 December 2012
at the 1158th meeting of the Ministers’ Deputies)
The Committee of Ministers, in accordance with Article 16 of the Statute of the Council of Europe,
Having regard to Resolution CM/Res(2007)3 adopted by the Committee of Ministers on 31 January 2007 at the 985th meeting of the Ministers’ Deputies;
Considering that the Regulations instituting a Pension Scheme for specially appointed officials of the Council of Europe need to be clarified and revised to take account of the introduction of a Third Pension Scheme;
On a proposal of the Secretary General,
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.
Specially appointed officials shall, according to their date of appointment, be affiliated to the same Pension Scheme to which, on the date of the beginning of their mandate, newly recruited staff members are affiliated. Nonetheless, specially appointed officials who previously worked as established officials shall remain affiliated to their former Pension Scheme.
However, by derogation from the provisions of Article 7 of the relevant Pension Scheme, specially appointed officials shall be able to ask to benefit from a retirement pension after five years' service in the Organisation.
Specially appointed officials, even if they have exceeded the statutory age-limit, shall contribute the same percentage of their salary to the Pension Schemes as established officials affiliated to the same scheme, 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/her duties, and for a period of three years, a specially appointed official shall receive a temporary monthly allowance equal to 40% of his/her last monthly salary (exclusive of representational allowance) if he/she was in office for less than two years, 45% if he/she 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 a case, the allowance shall be paid up to the date on which he/she 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/she 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/she 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 schemes instituted by Article 2 above.
If a specially appointed official would be entitled to both the temporary allowance and one of the said pensions, he/she shall be granted only that benefit which is the most favourable.
The temporary allowance shall be paid from the budget of the Organisation.
Article 9 – Entry into force
This resolution shall enter into force on the first day of the month following its adoption and replaces Resolution CM/Res(2007)3 amending the Regulations instituting a Pension Scheme for specially appointed officials of the Council of Europe and a temporary retiring allowance.