Communication to staff on the implications of the Picard judgment The judgment of 15 December 2022 (Case C-366/21 P, Picard v Commission) which concerns the establishment of pension accumulation rates and pensionable age has been the subject of analysis both within the Parliament and other Institutions.

The judgment will be applied as follows by the Parliament and by other institutions:
    Temporary agents, contract staff and accredited parliamentary assistants currently in active employment and who entered into service before the entry into force of the reform on 1 January 2014 will benefit, when calculating their pension rights, from the transitional provisions of Articles 21 and 22 of Annex XIII to the Staff Regulations relating to the rate of accumulation of pension rights (1.9%) and to the pensionable age, provided that they have contributed continuously to the Community pension scheme.

    Any interruption of more than one month in the contribution to the pension system will result in the application of the provisions in force at the date of commencement of the last contract.

    By analogy, temporary agents, contract staff and accredited parliamentary assistants currently in active employment who entered into service within the institutions before the entry into force of the 2004 reform (1 May) will benefit from these same transitional provisions (2% accumulation rate) and the pre 2004 pensionable age provided that they have contributed continuously to the Community pension scheme.

    Temporary agents, contract staff and accredited parliamentary assistants under contract on 1 May 2004/1 January 2014 who became officials after those dates are not affected by the Picard ruling. They benefit from the transitional arrangements of Article 28 of Annex XIII to the Staff Regulations providing for an actuarial adjustment of their pension rights acquired as temporary or contract staff, taking into account the change in the retirement age referred to in Article 77 of the Staff Regulations. Article 22(1) of Annex XIII sets the age from which officials in service before 1 January 2014 are entitled to a retirement pension.
Please note that it is not necessary to lodge a request pursuant to Article 90(1) of the Staff Regulations since DG PERS will automatically apply those provisions when calculating your entitlement on retirement. In addition, should the Court decide that the principles in the Picard judgment apply to members of staff under contract on 1 May 2004/1 January 2014 who became officials after those dates, then DG PERS would be prepared to apply those provisions when calculating your entitlement on retirement.

For staff members who retired after 15 December 2022 and who are affected by these provisions, the Pensions Unit will automatically revise the calculations of pension rights made.

Date: 3 July 2023 at 18:05:19
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