{"id":16546,"date":"2025-01-29T11:42:06","date_gmt":"2025-01-29T10:42:06","guid":{"rendered":"https:\/\/www.daldewolf.com\/?p=16546"},"modified":"2025-01-29T11:42:06","modified_gmt":"2025-01-29T10:42:06","slug":"the-officil-january-2025-issue-99","status":"publish","type":"post","link":"https:\/\/www.daldewolf.com\/en\/the-officil-january-2025-issue-99\/","title":{"rendered":"THE OFFICI@L \u2013 JANUARY 2025 \u2013 ISSUE 99"},"content":{"rendered":"

The OFFICI@L – Issue 99 – January 2025, our newsletter dedicated to European Union officials, has just been published. It is available in both French and English.<\/strong><\/p>\n<\/div><\/div>

Editorial<\/h1>\n

Dear Readers,<\/em><\/p>\n

Welcome to the first issue of 2025! We hope you had a fantastic holiday season. Our entire team wishes you a happy and successful year.<\/em><\/p>\n

This issue is dedicated to the transfer of pension rights<\/a> and a recent judgment from the EU General Court concerning the continuity of expatriation allowance rights for agents when they change employers within the European administration<\/a>.<\/em><\/p>\n

In our “Belgian Law<\/a>” section, we will discuss the geographical separation of divorced parents and the expatriation of a child<\/a>.<\/em><\/p>\n

This newsletter is also yours, and we welcome all your suggestions for our upcoming issues. Feel free to contact us by email: theofficial@daldewolf.com<\/a>.<\/em><\/p>\n

We wish you a joyful year!<\/em><\/p>\n

The DALDEWOLF team<\/em><\/p>\n<\/div><\/div><\/div><\/div><\/div>

<\/div>
\"\"<\/div><\/div><\/div><\/div><\/div><\/div>

DALDEWOLF<\/strong>
\n– European Union Law and Human Rights<\/strong><\/em>
\nTHIERRY BONTINCK – ANA\u00cfS GUILLERME – MARIANNE BR\u00c9SART – LAURA JAKOBS – LUCIE MARCHAL – LOUISE BOUCHET – SABRINA NAPOLITANO – FEDERICO PATUELLI
\n– Belgian Law<\/strong><\/em>
\nDOMINIQUE BOGAERT<\/p>\n

in partnership with PERSPECTIVES law firm<\/strong>:
\n– Family Law<\/strong><\/em>
\nCANDICE FASTREZ<\/p>\n<\/div><\/div>

<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/section>
<\/div>

Focus – Pension Rights of European Union Officials: Best Practices to Adopt!<\/h1>\n

According to Article 77 of the Staff Regulations and the provisions of Annex VIII, an official is entitled to a retirement pension after completing at least ten years of service within the European Institutions.<\/p>\n

    \n
  1. Calculation of Pension Rights<\/strong><\/li>\n<\/ol>\n

    The maximum retirement pension is set at 70% of the official’s last basic salary, based on the last grade held for at least one year. For each year of service, the official acquires 1.80% of this salary.<\/p>\n

    Additionally, the pension cannot be less than 4% of the minimum subsistence level per year of service. This minimum is equivalent to the basic salary of an official in grade AST 1, step1.<\/p>\n

    When an agent or official wishes to transfer their national pension rights into the EU pension scheme, member states determine the transferable amount. This amount is then converted into annuities by the Office for the Administration and Payment of Individual Entitlements (\u201cPMO\u201d). If the official accepts this calculation, the corresponding pension rights are transferred to the EU scheme.<\/p>\n

      \n
    1. Pension Transfer Verification<\/strong><\/li>\n<\/ol>\n

      If you have contributed to a national pension scheme before joining the EU institutions, transferring your rights to the EU pension scheme is possible. However, in some cases, this transfer may not significantly increase the final amount of the EU pension, especially if it is set at the minimum subsistence level. In such situations, retaining a national pension alongside the EU pension may be more advantageous.<\/p>\n

      To assist officials in this process, the European Commission provides a “calculator”, available via My Intracomm, to simulate the impact of pension rights transfers. This tool helps determine if transferring national pension rights improves the EU pension. In some cases, a transfer may not change the pension amount. Therefore, it is important to be well informed before making such a decision, as it cannot be undone.<\/p>\n

        \n
      1. Unjust Enrichment: Limits<\/strong><\/li>\n<\/ol>\n

        In the Barroso Truta e.a. \/ Court of Justice<\/em> (T-702\/16 P) case, the General Court seemed to suggest that an official could invoke unjust enrichment against their employer, the European Union, if the transfer of their national pension rights did not improve their EU pension. However, in several more recent cases, PT\/Commissio<\/em>n (T-788\/22), KY\/Court of Justice<\/em> of the European Union (C-100\/22 P), and OS\/Commission<\/em> (T-171\/22) cases, the European courts have clarified the interpretation of the Barroso Truta’s case. The Courts state that to uphold a claim of unjust enrichment, it must be shown that there is no legal basis for the enrichment and that the official has suffered damage.<\/p>\n

        In these cases, the General Court ruled that the applicants’ pensions were calculated in accordance with the rules of the EU pension scheme. The European jurisdiction also reminded that officials and agents are not “holders” of the sums corresponding to their financial contributions to the EU pension scheme, which is based on the principle of solidarity among officials. Consequently, it concluded that the possible enrichment of the Commission had a legal basis, making it impossible to classify it as unjust enrichment.<\/p>\n

        Thus, claims based on unjust enrichment are now considered unlikely to succeed for an official seeking to challenge the calculation of their pension.<\/p>\n

          \n
        1. Steps to Follow<\/strong><\/li>\n<\/ol>\n

          Before making any pension rights transfer, it is important to:<\/p>\n