ext/celex/31962R0063

Official Journal of the European Communities 255

1724/62 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 19.7.62

REGULATION No 63 OF THE CQUNCIL determining the emoluments of members of the Commission

THE COUNCIL OF THE EUROPEAN ECONOMIC children. Where the spouse is gainfully employed, the COMMUNITY, member shall not be entitled to a head of household allowance . Having regard to the Treaty establishing the European Economic Community, and in particular Article 154 3 . 'Dependent child' means a legitimate, natural or thereof, and to Article 19 of the Protocol on the Privi ­ adopted child of a member of the Commission , or of leges and Immunities of the Community ; his spouse, who is actually being maintained by the member of the Commission . Whereas it is for the Council of the European Econ ­ omic Community to determine the salaries, allowances The allowance shall be granted in respect of : and pensions of the President and members of the — a child under eighteen years of age ; Commission ; — a child between eighteen and twenty-five years of age who is receiving full time education or vo ­ HAS ADOPTED THIS REGULATION : cational 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 cease a livelihood shall continue throughout the period of to hold office, members of the Commission shall be illness or disablement, irrespective of age. entitled to a basic salary, family allowances and other f allowances , paid in the currency of the country where 4. In respect of each dependent child within the the Community has its provisional seiat. 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 Member 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 17 500

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

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Article 5 which his gross monthly remuneration (i.e. before de ­ duction of taxes) together with the allowance provided for in paragraph 1 exceeds the remuneration before On taking up his duties and on ceasing to hold office a member of the Commission shall be entitled to : deduction of taxes , which he was receiving as a member of the Commission under Articles 2 , 3 and 4 ( 1) shall ( a) an installation allowance equal to two month's be deducted from the allowance. In calculating the basic salary on taking up his duties and a resettle ­ amount of remuneration received for the new activity, ment allowance equal to one month's basic salary all forms of remuneration shall be included, except on ceasing to hold office ; those representing reimbursement of expenses . The Council shall take all measures required to en ­ (b) reimbursement of the cost of removal of his per ­ sonal effects and furniture, including insurance sure the application of the preceding paragraph. 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 mem ­ Commission shall be entitled to a pension for life ber of another institution of the Communities , if that payable from the date, when they reach the age of institution has its provisional seat in the town where he was formerly required to reside by reason of his sixty-five years. office and if at the time of the new appointment he has not already effected his resettlement. 2. They may, however, ask to start drawing such 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 of the Community shall be entitled to : 61 years 0-69762

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 the allowance shall be raised to 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 that in which he ceases to hold office, a former member of the Commission shall receive a monthly transitional allowance equal to 40% of the Article 10 basic salary which he was receiving when he ceased to hold office if he has served for less than two years , A member of the Commission who is suffering from to 45% of such basic salary if he has served for more disablement deemed to be total which prevents him than two years but less than three years and to 50% in from performing his duties and who on these grounds other cases . resigns or is compelled to resign shall be entitled from the date of resignation or compulsory resignation to 2 . Entitlement to this allowance shall cease if the the following benefits : ' former member of the Commission is reappointed to office in one of the institutions of the Communi ­ ( a) Where disablement is recognised0 as permanent he ties or upon his death. In the event of reappointment, shall be entitled to a pension for life calculated the allowance shall be paid up to the date of taking in accordance with the provisions of Article 9, up his duties ; in the event of death, the payment which shall be not less than 25% of the basic for 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 gainful activity, the amount by ance of his duties .

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

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 pen ­ sion equal to 50% of the basic salary received at the Members of the Commission shall be entitled to the time 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 appli ­ cable, between the beneficiaries in accordance with the Where a third party is responsible for the disable ­ above percentages . ment or death of a member the rights of that mem ­ ber or those entitled under him to bring legal pro ­ ceedings against the third party shall devolve on the 3 . Survivors' pensions shall be granted from the Community to the extent to which they incur obli ­ first day of the calendar month following the date of gations under this 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 occurs .

The transitional allowance provided for in Article 7, 4. Entitlement to a survivor's pension shall cease at the pension provided for in Article 8 and the pen ­ the end of the calendar month in which the person sions provided for in Article 10 shall not be drawn entitled dies. Moreover, entitlement to an orphan's concurrently by the same person. Where a member pension shall cease at the end of the month in which of the Commission, is entitled to claim benefit under the child reaches the age of twenty-one years . How ­ more than one of those provisions , only that pro ­ ever, entitlement shall be extended while the child is vision which is the most favourable to the claimant 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 earning a livelihood. Where a member of the Commission dies during his 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 month following that in which death occurs , to the marries and at the date of marriage has pension rights remuneration to which the member of the Commis ­ accruing to him under this Regulation, the wife and sion would have been entitled under Articles 2, 3 any children of that marriage shall not be entitled to and 4 (1). a survivor's pension save where the marriage precedes the death of the former member of the Commission 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 sion rights have accrued at the time of his death shall to immediate payment of a lump sum equal to twice be entitled to a survivor's pension. the annual amount of her survivor's pension.

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Article 16 residence or of the country where the Community has its provisional seat ; their choice shall remain A member of the Commission who is relieved of operative for at least two years. "Where neither the first nor the second of these countries is a member country his duties on grounds of serious misconduct shall of the Community, the sums due shall be paid in the forfeit any right to transitional allowance and retire ­ ment pension ; this shall not, however, affect those currency of the country where the Community has its provisional seat. entitled under him .

■ Article 20 Article 17

As a transitional arrangement, former members of the Should the Council decide to ' increase the basic salary, Commission to whom the provisional rules on emolu ­ it shall at the same time decide on an appropriate ments were applicable when they ceased to hold increase in the rates of existing pensions . office shall be- entitled to the transitional allow ­ ance and to the installation allowance provided for Article 18 in those provisional rules, in accordance with the terms 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 result ­ munity. Member States shall jointly guarantee pay ­ ing 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, Community shall apply to members of the. Com ­ 5, 11 and 14 shall be made in the currency of the mission. country where the Community has its provisional seat . Article 22 2. Beneficiaries may elect to have sums due under Articles 7, 8, 10 and 15 paid in the currency either This Regulation shall enter into force on 10 January of which they are nationals or of their country of 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. MOLLER-ARMACK