2.5Voor zover voor deze procedure relevant bevatten de Pension scheme regulations de volgende bepalingen (versie november 2016):
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Article 1 Scope
The pension scheme established by these Regulations shall apply to the permanent employees of the European Patent Office, hereinafter referred to as "the Office”, within the meaning of Article 1 of the Service Regulations for permanent employees of the Office.
CHAPTER II RETIREMENT PENSION AND SEVERANCE GRANT
Article 7 Conditions of entitlement
An employee who has completed ten or more years actual service, within the meaning of Article 4, in one or more of the Organisations listed in Article 1 shall be entitled to a retirement pension.
Article 8 Age of entitlement – Deferred pension and early pension
(1) Employees shall become eligible for a retirement pension at the age of sixty.
(2) Pension rights shall continue to accrue to an employee remaining in the service after pensionable age, but his pension shall not exceed the maximum amount laid down in Article 10, paragraph 2.
(3) If an employee retires before pensionable age, payment of his retirement pension shall be deferred until he reaches that age.
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Article 12 Inward and outward transfer of pension rights
(1) An employee who enters the service of the Office after leaving the service of a government department, a national organisation, an international organisation or a firm, may arrange for payment to the Organisation in accordance with the Implementing Rules hereto, of any amounts corresponding to the retirement pension rights accrued under his previous pension schemes, provided that those schemes allow such transfers to be made. In such cases the Office shall determine, by reference to the Implementing Rules hereto, the number of years of reckonable service with which he shall be credited under its own pension scheme.
(2) An employee who leaves the service of the Office to enter the service of a government department, a national organisation, an international organisation, or a firm, shall be entitled to transfer to his new pension scheme: - the actuarial equivalent of his retirement pension rights accrued under these Regulations, such equivalent being calculated in accordance with the Implementing Rules hereto; - or, in the absence of such rights, the amounts stipulated in Article 11.
CHAPTER IV SURVIVOR'S PENSION
Article 18 Conditions of entitlement
(1) A survivor's pension shall be payable to the surviving spouse
(i) of an employee who died in service, provided they had been married to each other for at least one year at the time of the employee's death;
(ii) of a former employee entitled to a deferred pension, if they had been married to each other for at least one year at the time when the employee left the service or for at least ten years at the time of his death;
(iii) of an employee drawing a retirement pension for health reasons, if they were married to each other at the time of his retirement, or had been married to each other for at least five years at the time of his death;
(iv) of a former employee drawing a retirement pension, if they had been married to each other for at least one year at the time of his retirement or for at least five years at the time of his death. The last-mentioned period shall be extended to ten years if the employee had retired before reaching the age of sixty years.
(2) The conditions laid down above with regard to minimum duration of the marriage shall be waived where there are one or more children of the marriage or of a marriage of the employee contracted prior to his leaving the service inasmuch as the surviving spouse is providing for their needs; in such case the survivor's pension shall be payable under the derogation provided for in the present paragraph, for so long as the children are actually being so provided for. When they are no longer being so provided for, the survivor's pension shall nonetheless continue to be payable for so long as the surviving spouse does not have an income of his own from the exercise of any occupation, or from any retirement pension or other survivor's pension, equal to at least the amount of the above-mentioned survivor’s pension
Article 22 Rights of a former spouse (divorced spouse)
(1) The former spouse of a non-remarried employee shall, on his death, be entitled to a survivor's pension, provided the employee was, by virtue of a court decision which has become final and binding, under an obligation to pay maintenance to the former spouse; but the survivor's pension shall not exceed the amount of such maintenance. This entitlement shall not arise if the former spouse remarried before the employee died. If remarriage takes place after the employee's death, Article 21 shall apply.
(2) Where an employee dies leaving a spouse entitled to a survivor's pension and a non-remarried former spouse fulfilling the conditions laid down in paragraph 1 above, the whole of the survivor's pension shall be divided between the aforementioned persons in proportion to the duration of their marriages. The amount to which a non-remarried former spouse is entitled shall not, however, be more than the amount of the maintenance payable at the time of the death of the employee
(3) Where one of the persons entitled to a survivor's pension dies, renounces his share or forfeits his rights under Article 35, or where the amount of his pension has been restricted under the terms of the second sub-paragraph of paragraph 2 above, his share shall accrue to the share of the other person, except where pension rights revert to orphans, as provided for under Article 25, paragraph 2, second sub-paragraph. In such case the restriction laid down in the second sub-paragraph of paragraph 2 above shall apply
(4) Reductions in respect of difference in age as provided for in Article 20 shall be applied separately to pensions calculated in accordance with the present Article.”