ext/celex/31962R0014

Official Journal of the European Communities 259

1730/62 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 19.7.62

REGULATION No 14 OF THE COUNCIL determining the emoluments of members of the Commission

THE COUNCIL OF THE EUROPEAN ATOMIC children. Where the spouse is gainfully employed, the ENERGY COMMUNITY, member shall not be entitled to a head of house ­ hold allowance. Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 3 . ' Dependent child' means the legitimate, natural 123 thereof, and to Article 19 of the Protocol on or adopted child of a member of the Commission, or the Privileges and Immunities of the Community ; of his spouse, who is actually being maintained by the member of the Commission . Whereas it is for the Council of the European Atomic Energy Community to determine the salaries, The allowance shall be granted in respect of : allowances and pensions of the President and members — a child under eighteen years of age ; of the Commission ; — a child between eighteen and twenty-five years of age who is receiving full-time education or HAS ADOPTED THIS REGULATION : vocational training.

Article 1 Payment of the allowance in respect of a child pre ­ vented by serious illness or disablement from earning From the date of taking up their duties until they a livelihood shall continue throughout the period of cease to hold office, members of the Commission shall that illness or disablement, irrespective of age. be entitled to a basic salary, family allowances , paid in the currency of the country where the Community 4. In respect of each dependent child within the has its provisional seat. meaning of paragraph 3 who is in regular full-time attendance at an educational establishment, the mem ­ ber of the Commission shall in addition be entitled Article 2 to an education allowance equal to the actual edu ­ cation costs incurred by him up to a maximum of The basic monthly salary shall be : Bfrs 900 per month . President Bfrs 85 600 Entitlement to this allowance shall commence on the Vice-President Bfrs 77 150 first day of the month in which the child reaches the age of six years and shall cease at the end of the Other Members Bfrs 68 750 month in which the child reaches the age of twenty ­ one years . Article 3 Article 4 1 . Family allowances shall comprise : 1 . Members of the Commission shall be entitled to a ( a) Head of household allowance, equal to 5% of residence allowance equal to 15% of the basic salary. the basic salary ; (b) Dependent child's allowance, equal to Bfrs 1000 2. A monthly representation allowance shall be paid per child per month ; to members of the Commission as follows : ( c) Education allowance. President Bfrs 17500

Vice-President Bfrs 11 250 2. 'Head of household' means a married member of the Commission or a member who has dependent Other Members Bfrs 7 500

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Article 5 by which his gross monthly remuneration (i.e. before deduction of taxes) together with the allowance pro ­ On taking up his duties and on ceasing to hold vided for in paragraph 1 , exceeds the remuneration, office a member of the Commission shall be entitled before deduction of taxes, which he was receiving as a member of the Commission under Articles 2 , 3 and 4 ( 1) to ; shall be deducted from the allowance. In calculating ( a) an installation allowance equal to two months' the amount of remuneration received for the new ac ­ basic salary on taking up his duties and a resettle ­ tivity, all forms of remuneration shall be included, ment allowance equal to one month's basic salary except those representing reimbursement of expenses . on ceasing to hold office ; The Council shall take all measures required to en ­ (b) reimbursement of the cost of removal of his per ­ sure the application of the preceding paragraph. sonal effects and furniture, including insurance against ordinary risks (theft, breakage, fire). Article 8 If his term of office is renewed he shall not be en ­ titled to any of the allowances set out in this Article 1 . After ceasing to hold office, members of the nor shall he be so entitled if he is appointed member Commission shall be entitled to a pension for life of another institution of the Communities , if that insti ­ payable from the date when they reach the age of tution has its provisional seat in the town where he ­ sixty-five years . was formerly required to reside by reason of his office and if at the time of the new appointment he has 2. They may, however, ask to start drawing such not already effected his resettlement. pension from the age of sixty years. In that case a coefficient shall be applied to the pension as follows : Article 6 Age Coefficient

A member of the Commission required in the course 60 years 0-64271 of his duties to travel away from the provisional seat 61 years 0-69762 of the Community shall be entitled to : 62 years 0-75985 ( a) reimbursement of travelling expenses'; 63 years 0-82157 (b) reimbursement of hotel expenses (room, service and taxes only) ; 64 years 0-90554 ( c) a subsistence allowance of Bfrs 650 for each com ­ plete day of absence ; for journeys outside Europe Article 9 that allowance shall be Bfrs 1250. The amount of the pension shall be 4-5% of the basic salary last received for each full year in office and Article 7 one-twelfth of that sum for each complete month. The maximum pension shall be 50% of the basic salary 1 . For three years from the first day of the month last received . following in which he ceases to hold office, a former member of the Commission shall receive a monthly transitional allowance equal to 40% of the basic salary Article 10 . which he was receiving when he ceased to hold office if he has served for less than two years , to 45% A member of the Commission who is suffering from a of such basic salary if he has served for more than disablement deemed to be total which prevents hini two but less than three years and to 50% in other from performing his duties and who on these grounds cases . resigns or is compelled to resign shall be entitled from the date of resignation or compulsory resig ­ 2. Entitlement to this allowance shall cease if the nation to the following benefits : former member of the Commission is reappointed to office in one of the institutions of the Communities ( a) Where the disablement is recognised as permanent or upon his death. In the event of reappointment, he shall be entitled to a pension for life calcu ­ the allowance shall be paid up to the date of taking lated in accordance with the provisions of Article 9, up his duties ; in the event of death, the payment for which shall be not less than 25% of the basic the month in which death occurred shall be the last. salary last received. He shall be entitled to the maximum pension if the incapacity is the result of 3 . If during this three-year period the person con ­ disablement or illness contracted in the perform ­ cerned takes up any new gainful activity, the amount ance of his duties .

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(b) Where the disablement is temporary he shall be That pension shall be equal to a percentage of the entitled, until he recovers, to a pension at the pension accruing to the member or former member rate of 50% of the basic salary last received if under Article 9 above at the date of death , namely : the disablement or illness was contracted in the for the widow 50% performance of his duties , and 25% in other cases . When the recipient of such disability pension for each child where the mother is still reaches the age of sixty-five years or the disability alive 10% pension has been in effect for seven years , it shall for each child where both mother and be replaced by a pension for life calculated in accordance with the provisions of Article 9. father are dead 20%

However, if the death of the member of the Com ­ mission occurs during his term of office, the survivor's Article 11 pension shall be calculated on the basis of a pension equal to 50% of the basic salary received at the time Members of the Commission shall be entitled to the of death . benefits of the social security scheme provided for in Articles 72 to 75 of the Staff Regulations of Officials of the Community. 2 . The total amount of these survivors' pensions shall not exceed the amount of the pension of the member or former member of the Commission on Article 12 which they are calculated . The maximum total sur ­ vivors' pensions payable shall be divided, where applicable, between the beneficiaries in accordance Where a third party is responsible for the disablement or death of a member of the Commission, the rights with the above percentages . of the member or of those entitled under him to bring legal proceedings against the third party shall devolve 3 . Survivors' pensions shall be granted from the on the Communities to the extent to which they first day of the calendar month following the date of incur obligations under the pension scheme. death. However, where the provisions of Article 14 are applied, eligibility shall not commence until the first day of the fourth month following that in which Article 13 death occurred.

The transitional allowance provided for in Article 7, 4. Entitlement to a survivor's pension shall cease the pension provided for in Article 8 and the pensions at the end of the calendar month in which the person provided for in Article 10 shall not be drawn con ­ entitled dies . Moreover, entitlement to an orphan's currently by the same person. Where a member of pension shall cease at the end of the month in which the Commission is entitled to claim benefit under the child reaches the age of twenty-one years . more than one of those provisions, only that pro ­ However , entitlement shall be extended while the child vision which is the most favourable to the claimant is receiving vocational training though not beyond the shall be applied. end of the month in which he reaches the age of twenty-five years .

Article 14 The pension shall remain payable to an orphan who is prevented through illness or disablement from Where a member of the Commission dies during his earning a livelihood. term of office, the surviving spouse or dependent children shall be entitled , until the end of the third 5 . Where a former member of the Commission mar ­ month following that in which death occurred, to the ries and at the date of marriage has pension rights remuneration to which the member of the Com ­ accruing to him under this Regulation, the wife and mission would have been entitled under Articles 2 , 3 any children of that marriage shall not be entitled and 4 ( 1 ). to a survivor's pension save where the marriage pre ­ cedes the death of the former member of the Com ­ mission by five years or more. Article 15

1 . The widow and dependent children of a member 6. A widow's entitlement to a survivor's pension or former member of the Commission to whom pen ­ shall cease on remarriage. She shall then be entitled to sion rights have accrued at the time of his death immediate payment of a lump sum equal to twice shall be entitled to a survivor's pension. the annual amount of her survivor's pension.

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Article 16 remain operative for at least two years. Where neither the first nor the second of these countries is a mem ­ A member of the Commission who is relieved of his ber country of the Community, the " sums due shall be paid in the currency of the country where the duties on grounds of serious misconduct shall forfeit any right to transitional allowance and retirement Community has its provisional seat. pension ; this shall not, however, affect those entitled under him . Article 20 Article 17 As a transitional arrangement, former members of the Commission to whom the provisional rules on emolu ­ Should the Council decide to increase the basic salary, ments were applicable when they ceased to hold it shall at the same , time decide on an appropriate office shall be entitled to the transitional allowance increase in the rates of existing pensions . and to the installation allowance provided for in these provisional rules , in accordance with the terms Article 18 laid down therein.

Payment of the benefits provided for in this pension The amount of their pension , awarded on the basis of scheme shall be entered in the budget of the Com ­ this Regulation, shall be not less than that resulting munity. Member States shall jointly guarantee pay ­ from the provisional rules on emoluments . ment of these benefits in accordance with the scale laid down for the financing of such expenditure. Article 21 Article 19 The Regulation laying down the conditions and pro ­ cedure for applying the tax for the benefit of the 1 . Payment of the sums due under Articles 2, 3 , 4, 5 , Community shall apply to members of the Com ­ 11 and 14 shall be made in the currency of the mission. country where the Community has its provisional seat.

2. Beneficiaries may elect to ha^e sums due under Article 22 Articles 7, 8 , 10 and 15 paid in the currency either of the country of which they are nationals or of their country of residence or of the country where the This Regulation shall enter into force on 10 January Community has its provisional seat ; their choice shall 1962 .

This Regulation shall* be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 18 December 1961 .

For the Council

The President A. MULLER-ARMACK