Staff Association Clubs  welcome retired CERN members

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Rights and Obligations of CERN Pensioners

(Original French)
When you retire, you do not become "unknown" to CERN.  While certain rights and obligations cease, others are created.  It is therefore appropriate to describe the new status of those who have left CERN to become CERN pensioners, i.e.  beneficiaries of the Pension Fund (as defined in Art.I 1.05 of the Pension Fund Rules) after they have left CERN.

Pensioners' rights and obligations are derived from:

1. the Rules and Regulations of the Pension Fund;
2. CERN regulations (in the broad sense), namely:
   • the CERN Staff Rules and Regulations;
   • the Regulations of the CERN Health Insurance Scheme;
   • the Administrative Circulars;
   • the Operational Circulars.
3. the Rules of the Staff Association and Rules of the Groupement des Anciens du CERN—ESO Pensioners' Association (GAC-EPA)
4. the Regulations of the CERN Staff Mutual Aid Fund.

External Texts, particularly:

1. the Rules and Regulations of the Administrative Tribunal of the International Labour Organisation (ATILO)
2. national laws or agreements between CERN and certain Member States with references to the situation of CERN pensioners.

The present document is intended only as a guide, and in the event of any difference between it and the documents referred to, the latter should be considered authentic.

1.  Rights and obligations arising from the Rules and Regulations of the Pension Fund

Pensioners:

1.1. are represented at the Governing Board of the Fund by a Member of the Board who is a member of the GAC-EPA Committee, and an alternate (Article I 2.05, paragraph 1 f) and 2 of the Fund's Rules);

1.2. cannot either cede or pledge their pensions (Art.I 3.02, line 1 of the Fund's Rules);

1.3. have the right to the guarantee of the pensions paid by the Fund (Art.I 3.03 of the Fund's Rules);

1.4. are subject to a special procedure when they are prosecuted for non-payment of alimony debts (Art.I 3.02, line 2 of the Fund's Rules and the corresponding Regulation);

1.5. have the right to a pension paid monthly in Swiss francs in Geneva, as well as allocations, as appropriate (Art.I 4.01 of the Fund's Rules); the pensions and allocations being calculated according to the Rules of the Fund;

1.6. when required, shall supply the Fund with all appropriate information (Art.I 4.06 of the Fund's Rules);

1.7. shall have their pensions and allowances examined yearly with a view to their being readjusted (Art.II 1.15 of the Fund's Rules);

1.8. shall indicate the amount of any payments and allocations received as family oar children's allowances from another source (Art.II 7.03 of the Fund's Rules);

1.9. may ask the Fund's Governing Board to consider granting ex gratia benefits from (Art.III 1.01 of the Fund's Rules);

1.10. may appeal against any decision taken by the Fund's Administrator (Art.III 1.04 of the Fund's Rules and the corresponding Regulation).

2.  Rights and obligations arising from CERN's rules

Pensioners,

2.1. as former Staff Members:

2.1.1. remain subject to the requirement to avoid prejudicial acts, especially concerning the preparation and execution of CERN contracts, during the three years following the end of their contracts (Art.I 3.04 of the Staff Rules).

2.1.2. may not comment either on the working or on the activities of the Organisation, if requested so to do by an administrative or judicial authority, without the prior express permission of the Director General (Art.I 3.06 of the Staff Rules)

2.1.3. must refrain from any act or activity likely to cause prejudice to CERN (Art.I 3.07 of the Staff Rules)

2.1.4. have the right to protection, as considered necessary by CERN, for any damage or injury suffered by them or their families by virtue of their position as former Staff Members (Art.I 3.09 of the Staff Rules)

2.1.5. have the right to be compensated for damage suffered by virtue of their position as former Staff members or their employment at CERN (Art.R I 3.08 of the Staff Regulations)

2.1.6. remain subject to their obligations concerning CERN's intellectual property interests during the three years following the end of their contracts (Art.R I 4.01 of the Staff Regulations)

2.2. as pensioners:

2.2.1. have the right along with their families to remain, on request, covered by the health insurance scheme to which they belonged by the end of their staff contracts (Art.V 1.04 of the Staff Rules, Art.R V 1.02 of the Staff Regulations R III 2.02 et R VII 4.02 à 4.04 of the Regulations of the CERN Health Insurance Scheme);

2.2.2. have the right to assist a Staff Member before the Joint Advisory Appeals Board (Art.R VI 1.12 of the Staff Regulations);

2.2.3. are allowed as well as their families to enter the CERN site under the conditions laid down in Operational Circular No 2;

2.2.4. have access, under the same conditions as Staff Members, to the Social Service, the Pension Find Administration, and the Staff Association;

2.2.5. can, upon request, receive the CERN Weekly Bulletin.

3.  Rights and obligations derived from the Rules of the Staff Association and Rules of the Groupement des Anciens du CERN—ESO Pensioners' Association (GAC-EPA)

Pensioners have the right to establish an association under the auspices of the Staff Association, an association whose members are members of the Staff Association (see the Statutes of the CERN Staff Association's and of the CERN Pensioner's Association).

4.  Rights and obligations derived from the Regulations of the CERN Mutual Aid Fund

Pensioners and dependent members of their families can seek assistance from the Mutual Aid Fund (Art.2.3 of the Fund's Regulations):

5.  Rights and obligations derived from the Rules and Regulations of ATILO

Under the conditions laid down in the Rules and Regulations, pensioners as such, or as former Staff Members:

5.1. have the right to take an action against CERN concerning disagreements between them and the Organisation or the Pension Fund to the Administrative Tribunal of the International Labour Organisation, the "ATILO" (Art.II of the Tribunal's Rules;

5.2. have the right to represent before the ATILO, staff members or former staff members of Organisations which have recognised the competence of the ATILO (Art.5.1 of the Tribunal's Regulations).

6.  Rights and obligations derived from national laws or agreements entered into by CERN

Pensioners:

6.1. may be exempted from the otherwise obligatory Swiss health insurance scheme (loi suisse sur l'assurance maladie, LAMal, article 3, alinea 2);

6.2. except in the case of alimony debts, cannot have any part of their pensions seized (Art.6 of the Headquarters Agreement with Switzerland) by CERN, unless the latter lifts its immunity;

6.3. are exempted in Austria from taxation of their pensions (Agreement of 19 May 1989 between CERN and the Federal Government of Austria).

Jean-François BARTHÉLEMY