Article 1 - Subject
Article 2 - Scope
Article 3 - Types of social and financial assistance
Article 4 - Conditions governing the granting of social and financial assistance
Article 5 - Confidentiality
Article 6 - Procedures
Article 7 - Arrangements for repayment of the assistance granted
Article 8 - Arrangements for granting assistance
Article 9 - Annual report
Article 10 - Entry into force
THE SECRETARY-GENERAL OF THE EUROPEAN PARLIAMENT,
having regard to the Staff Regulations of Officials of the European Union (hereinafter ‘the Staff Regulations’) and to the Conditions of Employment of Other Servants of the European Union (hereinafter ‘the CEOS’), and in particular to Article 76 of the Staff Regulations and Articles
30, 98 and 135 of the CEOS,
having regard to the Bureau decision of 13 January 2014 on the delegation of the powers of the appointing authority and of the authority empowered to conclude contracts of employment
(hereinafter 'the AECE'),
having regard to the decision of the Secretary-General of 20 January 1993 establishing the Advisory Committee on Social Activities (hereinafter 'the ACSA'),
having regard to Opinion No 1/2009 of the ACSA of 17 November 2009 laying down the procedure by means of which the Social Services Unit may, subject to subsequent repayment of the sums involved, settle medical bills and tenancy guarantees directly with the creditors of officials and other servants who have financial problems,
having consulted the Legal Service, the Data Protection Officer, the Staff Committee and the Committee on Equal Opportunities and Diversity,
whereas:
(1) It is the task of the ACSA, which comprises two members appointed by the Administration and two members appointed by the Staff Committee, to deliver an opinion to the appointing authority/AECE concerning special assistance granted pursuant to Article 76 of the Staff Regulations and Articles 30, 98 and 135 of the CEOS.
(2) The appointing authority/AECE must take its decisions concerning the granting of special assistance quickly and in the light of a detailed assessment of any circumstances which might warrant the use of appropriations entered against Item 1632 of Parliament's budget.
(3) The procedures and arrangements for granting social and financial assistance must be laid down in detail.
(4) Officials and other servants and their dependants must have unrestricted access to medical treatment, in accordance with the principle of the freedom to choose a doctor.
(5) Persons with financial problems may be forced to postpone treatment, on account of the likely cost and the time needed to obtain reimbursement through the Joint Sickness Insurance Scheme.
(6) Officials and other servants must be able to obtain accommodation easily when they take up their duties.
(7) The social assistants must be the first point of contact for persons with social and financial problems.
(8) In some cases the social and financial circumstances of officials and other servants may be such that non-repayable financial assistance constitutes the only effective way of helping the staff members concerned.
HAS ADOPTED THE FOLLOWING INTERNAL RULES
Article 1 - Subject
These Internal Rules govern the decisions taken pursuant to Article 76 of the Staff Regulations, which is applicable to other servants pursuant to Articles 30, 98 and 135 of the CEOS, concerning the granting of gifts, loans and advances to staff members in a particularly difficult financial position.
Article 2 - Scope
These Internal Rules apply to the following categories of Parliament staff (hereinafter referred to collectively as 'staff members'):
1. officials within the meaning of the Staff Regulations;
2. temporary staff within the meaning of Article 2(a), (b) and (c) of the CEOS;
3. contract staff within the meaning of Articles 3a and 3b of the CEOS;
4. accredited parliamentary assistants within the meaning of Article 5a of the CEOS;
5. former officials and officials and other servants who have retired;
6. successors in right and title of deceased officials and other servants;
7. other servants who have left the service and are unable to work as a result of a prolonged serious illness, a disability or an accident which occurred during their period of employment and who are not covered by another social security scheme.
Article 3 - Types of social and financial assistance
The Financial Support Sector of the Social Services Unit will assess requests from staff members who are in a particularly difficult financial position and may propose, subject to the conditions governing and the arrangements for granting assistance laid down in Articles 4, 6 and 7 of these Internal Rules:
1. non-repayable social assistance;
2. social assistance in the form of loans;
3. advances against salary;
4. advances against medical expenses;
5. assistance covering all or part of tenancy guarantees.
Article 4 - Conditions governing the granting of social and financial assistance
1. The social and financial assistance granted under these Internal Rules is not intended to take the place of loans offered by financial institutions or other similar forms of assistance which the staff member concerned may obtain elsewhere. The assistance may be granted only as a last resort, once all other possibilities have been explored. The staff member concerned may be required to submit supporting documents showing that this is the case.
2. Assistance may only be granted within the limit of the budget appropriations available. A reserve of current appropriations totalling EUR 15 000 will be made available to cover the most pressing needs.
Article 5 - Confidentiality
File handlers and the members of the ACSA are required to maintain the strict confidentiality of the facts and information which come to their attention in the course of their duties. The files submitted to the ACSA will be anonymised.
Personal data will be processed in accordance with Regulation (EC) 45/2001 on the protection of individuals with regard to the processing of personal data by Community institutions and bodies and on the free movement of such data.
Article 6 - Procedures
1. In urgent cases the appointing authority/AECE may grant, on the basis of a detailed file and without being required to consult the ACSA:
• social assistance whose duration does not exceed 12 months and in an amount less than or equal to EUR 15 000;
• advances against medical expenses in an amount which does not exceed EUR 20 000;
• assistance in respect of tenancy guarantees in an amount below the threshold laid down in the general rules governing the granting of assistance.
2. Decisions to grant social assistance and advances against medical expenses which do not meet the above criteria must be referred to the ACSA for an opinion.
3. Decisions to grant advances against salary, which are then effected by the Individual Entitlements and Payroll Unit, will be a matter for the appointing authority/AECE alone, which will not be required to consult the ACSA.
Article 7 - Arrangements for repayment of the assistance granted
Save in the specific cases involving assistance granted to cover tenancy guarantees:
i. assistance must always be repaid as quickly as possible on the basis of the ability of the staff member concerned to pay;
ii. a repayment schedule will be agreed with the staff member concerned; in the case of other servants, the schedule will take account of the length of their contract;
iii. the monthly deductions from the salary of the staff member concerned will be effected as from the month following that in which the appointing authority/AECE takes the decision to grant the social or financial assistance; the first deduction may be postponed if the circumstances of the staff member concerned so warrant;
iv. if the official concerned resigns or is not established, or if the contract of the temporary staff member, contract staff member or accredited parliamentary assistant concerned is unexpectedly terminated ahead of time, he or she will be required to inform the Financial Support Sector immediately, so that new repayment arrangements can be agreed. The sum outstanding will, if possible, be deducted in full from the final emoluments received by the staff member concerned. Failing that, a debit note will be issued in the name of the staff member concerned and forwarded to the address given by him or her prior to leaving the service;
v. if the staff member's circumstances change, the repayment schedule may be adjusted accordingly, at the request of the staff member or of the Financial Support Sector;
vi. if the staff member fails to comply with the arrangements for repayment, or if the risk that the debt will not be repaid increases, the appointing authority/AECE reserves the right to recover immediately, against the staff member's salary, all or part of the debt, irrespective of the repayment schedule agreed.
Article 8 - Arrangements for granting assistance
The Secretary-General will authorise the Director-General of Personnel to draw up, after consulting the ACSA, general rules for granting social and financial assistance under these Internal Rules.
Article 9 - Annual report
An annual report giving details of all the financial assistance granted pursuant to Article 6 of these Internal Rules will be drawn up and submitted to the ACSA.
Article 10 - Entry into force
These Internal Rules will take effect on the date of entry into force of the general rules for granting financial assistance drawn up by the Director-General of Personnel pursuant to Article 8 of these Internal Rules.
Done at Luxembourg, on 18th November, 2016
Signed
Klaus WELLE
Secretary-General
In the event of a disparity between language versions, the French text shall be the authentic version