STAFF REGULATIONS

APPENDIX IV: Regulations governing staff salaries and allowances[1]

Article 1 – Scope. 1

Article 2 – Basic salary. 1

Article 3 – Steps. 2

Article 4 – Household allowance. 2

Article 4 bis - Basic family allowance for staff recruited on or after 1 January 2017   3

Article 5 – Allowance in respect of dependent children or other dependants 4

Article 5 bis - Dependent child supplement for staff recruited on or after 1 January 2017   4

Article 5 ter – Supplement for disabled and dependent parent for staff recruited on or after 1 January 2017.. 5

Article 6 – Expatriation or residence allowance. 6

Article 6 bis – Expatriation or residence allowance for staff recruited on or after 1 January 1996.. 7

Article 6 ter – Expatriation allowance for staff recruited on or after 1 January 2012   8

Article 7 – Education allowance. 9

Article 8 – Installation allowance. 12

Article 9 – Language allowance. 13

Article 10 – Payment of overtime work. 13

Article 11 – Rent allowance. 13

Article 12 – Indemnity for handicapped child and reimbursement of educational or training expenses related to the handicap 13

Article 12 bis - Supplements for disabled or severely disabled child for staff recruited on or after 1 January 2017.. 14

Article 13 – Extra duties allowance. 15

Article 14.. 16

Article 15 – Limitation period for claims. 16

Article 1 – Scope

These regulations, issued in accordance with Article 41 of the Staff Regulations, specify the salaries and allowances of staff members and the procedures for their granting and payment.

Article 2 – Basic salary

Staff members’ basic salaries shall be determined in accordance with the scales contained in the tables appended.[2] The basic salaries of staff members based in a country for which such scales do not exist shall, until such scales are established, be determined by the Secretary General in a General Rule. In this Rule, the Secretary General shall have due regard to the basic salary applicable in Belgium and apply an appropriate coefficient reflecting the cost and conditions of living in the country concerned. Establishment of scales for any given country shall invalidate the Rule as regards that country.[3]

Article 3 – Steps[4]

1.         Each staff member, confirmed in employment, shall advance up the scale for his or her grade by the steps shown.

2.         Such advancement shall be continuous, from one step to the next, starting on the first day of the first quarter.[5]

3.         For category A staff, advancement to steps 2 to 5 (grades A7 and A6) and 2 to 7 (grades A5, A4, A3 and A2) shall take place after twenty-four months of service in the step immediately below and advancement to steps 6 (grade A7), 6 to 8 (grade A6) and 8 to 11 (grades A5, A4, A3 and A2) after forty-eight months of service in the step immediately below.

4.         For category L staff, advancement to the next step shall take place after thirty-six months of service in the step immediately below.

5.         For staff in categories B and C, advancement to steps 2 to 8 shall take place after twenty-four months of service in the step immediately below, and to steps 9 to 11 after forty-eight months’ service.

6[6].        For the advancements under this Article, only those years of service in which the staff member’s appraisal certifies that s/he at least fully satisfied the requirements of his/her post or position shall be taken into account.

Article 4 – Household allowance[7]

1.         The household allowance shall be fixed at 6% of the basic annual salary. The amount of this allowance shall not, however, be less than 6% of the basic salary for grade B3, step 1.

2.         The following shall be entitled to the household allowance:

i.          married staff;

ii.          widowed, divorced, legally separated or unmarried staff who have one or more dependent children as defined in Article 5 or, if applicable, Article 12;

iii.         any staff member who does not satisfy the conditions under i and ii above but who has one or more dependants as defined in Article 5, paragraph 2.

3.         Notwithstanding the foregoing provisions, a married staff member having no dependent children or other dependants as defined in Article 5 or Article 12 of these regulations shall not be entitled to the allowance provided for in paragraph 1 if his or her spouse’s income from a gainful occupation is equal to or higher than the basic salary for grade B3, step 1, plus the amount of the allowance.

4.         If the spouse’s income is between the ceiling referred to in paragraph 3 and the basic salary for grade B3, step 1, a reduced allowance equal to the difference between that ceiling and the amount of the said income shall be payable.

5.         Where, in accordance with the above provisions, a husband and wife employed by the Council or by the Council and another Co-ordinated Organisation, are both entitled to the household allowance, the allowance shall be paid only to the person whose basic salary is the higher.

6.         The household allowance shall be paid after deduction of any similar allowances to which the official or his or her spouse may be entitled from another source.

Article 4 bis - Basic family allowance for staff recruited on or after 1 January 2017[8]

1.         A basic family allowance shall be paid monthly to staff members whose spouse has an overall income (gross income less compulsory social and/or pension contributions) lower than 50% of the basic monthly salary for grade C1, step 1, plus the amount of the basic family allowance[9].

2.         Eligibility will commence when the staff member and his/her spouse have established a family unit at the duty station. It will end when the family unit is dissolved or when the spouse ceases to actually and habitually live with the staff member at the duty station.

3.         Staff members eligible for the expatriation allowance shall be entitled to double the monthly amount of the basic family allowance.

4.         In the case of a staff member whose spouse has an overall income, as defined in paragraph 1, equal to or higher than 50% of the basic salary for grade C1, step 1, the amount of the allowance payable shall be reduced. The allowance shall be equal to the difference between 50% of the basic salary for grade C1, step 1, plus the basic monthly amount of the basic family allowance, as defined in paragraph 1 above and the income of the spouse as referred to in paragraph 1. If the spouse’s income is equal to or higher than 50% of the basic salary for grade C1, step 1 plus the basic amount of the basic family allowance, no allowance shall be paid.

5.         For staff members who are not eligible for the expatriation allowance, the basic amount shall be paid monthly, for a period of up to five consecutive years following the taking up of duty of the staff member or the time of the establishment of his/her family unit.

6.         For staff members who are eligible for the expatriation allowance and who take up duty from within the same geographical zone of the duty station, the basic amount and the additional amount shall be paid monthly and reduced after five years by one fifth per year to reach zero the tenth year of a consecutive period following the staff member's taking up of duty or the moment when the family unit is established at the duty station. The four geographical zones shall be defined as follows: EME (Europe and Middle East), Africa, Americas (North, Central and South America), Asia and Pacific (Far East and Pacific countries).

7.         For staff members who are eligible for the expatriation allowance and who take up duty from outside of the geographical zone of the duty station, the basic amount and the additional amount shall be paid monthly for the duration of the staff member’s employment. However, if the staff member has the nationality of one of the countries of the geographical zone of the duty station, the payment of the basic amount and its additional amount shall be made in accordance with paragraph 6.

8.         When a staff member is transferred to a different duty station within the Organisation at the initiative of the Organisation, the Secretary General may, in circumstances such as an exceptional organisational restructuring or to support the accomplishment of missions critical for the Organisation, reset the period of payment for the family unit.

9.         A staff member receiving the basic family allowance shall be required to report any payments of the same nature or for a similar purpose that are received from other sources by the family unit and any change of circumstances related to eligibility. The amounts of any such payments shall be deducted from the basic family allowance to which the staff member is entitled.

10.       Where two staff members are married to each other, or a staff member is married to an official of another Co-ordinated Organisation, within the meaning of the Staff Regulations and the Staff Rules of that Co-ordinated Organisation, only one basic family allowance shall be paid to the spouse with the highest income provided the eligibility criteria are met.

Article 5 – Allowance in respect of dependent children or other dependants[10] [11]

1.         i.          A monthly allowance shall be paid in respect of each dependent child under 18 years of age, in accordance with the appended scale.

ii.          By dependent child is meant any legitimate, natural, adopted or otherwise dependent child who depends on the staff member’s household or on the staff member alone for main and continuing support. An ‘‘otherwise dependent” child shall be taken as meaning:

a.         child for whom adoption procedure has been initiated;

b.         an orphan dependent on the staff member.

iii.         The allowance shall continue to be payable until the dependent child reaches the age of 26 if he or she is receiving, on a full-time basis, school or university education or vocational training which does not carry a wage or salary properly so called.

iv.         The allowance shall continue to be payable without any age-limit if the dependent child cannot support himself or herself owing to permanent disablement certified by a doctor approved by the Secretary General.

v.         If a staff member or the spouse of a staff member receives under his or her country’s laws or regulations an allowance whose purpose is the same as that of the allowance provided for in this article, the amount of that allowance shall be deducted from the allowance payable by the Council.

vi.         In the case of two staff members employed by the Council or by the Council and another Co-ordinated Organisation, the allowance in respect of dependent children shall be paid to the official who receives the household allowance.

2.         An allowance equal in amount to the allowance payable in respect of a dependent child shall, by decision of the Secretary General for cause shown, be payable to a staff member in respect of any ascendant of himself or herself or his or her spouse, where such ascendant is dependent on him or on her for main and continuing support and in respect of any relative by blood or marriage whom he or she is under a legal obligation to provide with main and continuing support.

Article 5 bis - Dependent child supplement for staff recruited on or after 1 January 2017[12]

1.         A dependent child supplement shall be paid monthly to staff members for each dependent child, as defined in Article 5.1.ii above, under 18 years of age[13].

2.         The supplement shall also be granted for each dependent child aged 18 to 22 years receiving a full-time education. Payment of the supplement shall be maintained until the end of the academic year during which the child reaches the age of 22 years.

3.         If the dependent child has performed compulsory military or civil service under the legislation of his or her country of nationality, eligibility for the supplement shall be extended beyond the child’s 22nd birthday, for a period not to exceed the duration of that compulsory military or civil service. Payment of the supplement shall be suspended for the duration of the military or civil service.

4.         The supplement shall continue to be granted without any age limit if the dependent child fulfils the criteria related to the eligibility for the supplements for disabled or severely disabled child as defined in Article 12 bis below.

5.         Only one dependent child supplement shall be granted for each child recognised as a dependant under the conditions set out in the present Article.

6.         One additional dependent child supplement shall be granted to a single-parent family irrespective of the number of dependent children.

7.         The amount of the dependent child supplement shall be used as a multiplier for computing reimbursement ceilings for the education allowance (see Article 7, paragraph 6 below).

8.         In case of shared or alternate custody, the payment of the supplement for dependent child shall be shared equally between the two staff members or the staff member and an official employed by another Co-ordinated Organisation who are the child’s parents. However, the parents may decide by mutual agreement which of them will receive the dependent child supplement.

9.         In the case of two staff members or a staff member and an official of another Co-ordinated Organisation married to each other, only one of them shall receive the dependent child supplement.

10.       A staff member receiving the dependent child supplement shall be required to report any payments of the same nature or of similar purpose that are received from other sources by the staff member, the staff member’s spouse or the child’s other parent and any change of circumstances related to eligibility. The amounts of any such payments shall be deducted from the dependent child supplement to which the staff member is entitled.

Article 5 ter – Supplement for disabled and dependent parent for staff recruited on or after 1 January 2017[14]

1.         Any staff member who can prove that he provides main and continuing support to his disabled and dependent father and/or mother, within the meaning of this Article, shall be eligible to only one supplement for disabled and dependent parent[15], paid monthly under the following conditions:

i.              the staff member’s father or mother, aged over 60, has an overall income (gross income less compulsory social and/or pension contributions) lower than 50% of the basic monthly salary of the scale of the parent’s country of residence of a C1/1 grade staff member and

ii.              is medically certified with a disability.

2. Entitlement to the supplement for disabled and dependent parent shall be granted by decision of the Secretary General, after assessment of the nature and severity of the disability by the appropriate advisory board. The Secretary General shall obtain the opinion of the board that he has created for this purpose, and which includes at least one medical doctor. This decision shall establish the duration for which the right will be recognised and any revision, if necessary.

3.         A staff member receiving the supplement for disabled and dependent parent shall be required to report any payments of the same nature or for similar purpose that are received from other sources by the official, the staff member’s spouse or parent and any change of circumstances related to eligibility. The amounts of any such payments shall be deducted from the supplement for disabled and dependent parent to which the staff member is entitled.

Article 6 – Expatriation or residence allowance

1.         i.          The expatriation allowance shall be paid to staff in categories A, L and B, who at the time of their appointment were not nationals of the host state and had not been continuously resident on that state’s territory for at least three years, no account being taken of previous service in their own country’s administration or with other international organisations.

ii.          This allowance shall also be paid to staff in the same categories who, although nationals of the host state, had been continuously resident for at least ten years in another state at the time of their appointment, no account being taken of previous service in their own country’s administration or with other international organisations.

iii.         In the event of a staff member who is entitled to the expatriation allowance being transferred to the country of which he or she is a national, he or she shall cease to be entitled to the expatriation allowance.

iv.         When any point on the frontier of the country of which the staff member is a national is within a radius of 50 km from the duty station, such a staff member shall not be entitled to the expatriation allowance unless he or she supplies proof that he or she has established his or her actual and habitual residence in the country of service or, exceptionally and subject to agreement by the Secretary General, in another country of which he or she is not a national, taking account of his or her family circumstances.

2.         The expatriation allowance shall comprise:

i.          for all staff in the above three categories a sum equal to 20% of their basic salaries if they receive the household allowance and to 16% if they do not;

ii.          a fixed monthly allowance, in accordance with the appended scale, in respect of each dependent child as defined in Article 5 above.

The combined total of the sums specified under sub-paragraphs i and ii above shall in no case be less than the total payable under this head to a staff member in grade B3, step 1.

3.         Where a husband and wife, who are both non-resident, are employed in the same country by the Council, or by the Council and another Co-ordinated Organisation, they shall each be entitled to an expatriation allowance, but at the rate of 16% whether or not they are entitled to the household allowance.

4.         Staff in the above categories who cannot claim the expatriation allowance under the provisions of paragraph 1 and who at the time of their appointment were resident at a distance of more than 300 km from their duty station shall be paid an allowance amounting:

i.          for staff receiving the household allowance, to 35% of the expatriation allowance payable in the same family circumstances;

ii.          for other staff, to 15% of that allowance.

Article 6 bis – Expatriation or residence allowance for staff recruited on or after 1 January 1996[16]

1.         i. The expatriation allowance shall be paid to staff in Categories A, L and B who at the time of their appointment were not nationals of the host state and had not been continuously resident on that state’s territory for at least one year, no account being taken of previous service in their own country’s administration or with other international organisations. In the event of an official who has been entitled to the expatriation allowance taking up duty in the country of which he or she is a national, he or she shall cease to be entitled to the expatriation allowance.

ii.          When any point on the frontier of the country of which the staff member is a national is within a radius of 50 km from the duty station, such a staff member shall not be entitled to the expatriation allowance unless he or she supplies proof that he or she has established his or her actual and habitual residence in the country of service or, exceptionally and subject to agreement by the Secretary General, in another country of which he or she is not a national, taking account of his or her family circumstances.

2.         The expatriation allowance shall comprise:

i.          for all staff in the above three categories a sum equal to a percentage of basic salary, calculated as specified in paragraphs 3 and 4 of this Article;

ii.          a fixed monthly allowance, in accordance with the appended scale, in respect of each dependent child as defined in Article 5 above.

The sum specified under sub-paragraph i above shall in no case be less than the sum payable under this head to a staff member in grade B3, step 1.

3.         i. The rate of the allowance during the first ten years of service shall be:

·         18% of basic salary for staff entitled to the household allowance;

·         14% of basic salary for staff not entitled to the household allowance.

The allowance shall be calculated on the first step in grade of recruitment or promotion irrespective of any increase in the official’s basic salary by movement up the incremental scale and shall be adjusted in the same proportions and at the same date as basic salary.

ii.          In years eleven, twelve and thirteen, the allowance at the rate of 18% shall be reduced by one percentage point per year to 15% and the allowance at the rate of 14% shall be reduced by one percentage point per year to 11%. During this period, and thereafter, the allowance shall be adjusted in the same proportions and at the same date as basic salary.

iii.         In the event of an official who has been employed by one Co-ordinated Organisation taking up duty with the Council or in the event of an official of another international organisation or a member of the administration or armed forces of the country of origin taking up duty with the Council without changing country, the previous service in the host country will be taken into account in determining the application of sub-paragraphs i and ii of this Article.

4.         i.          Where a husband and wife are both non-resident and are both employed in the same country by the Council, or by the Council and another Co-ordinated Organisation, they shall each be entitled to an expatriation allowance at the rate of 14% whether or not they are entitled to the household allowance or at the rates on the reduction scale which correspond to the number of each spouse’s years of service.

ii.          Officials already in the service of the Council or another Co-ordinated Organisation at 1 January 1996 and receiving the expatriation allowance in force at that date shall, on the occasion of their marriage, be treated in the same way as other serving staff.

5.         Staff in the above categories recruited before 1 January 1998[17] who cannot claim the expatriation allowance under the provisions of paragraph 1 and who at the time of their appointment were resident at a distance of more than 300 km from their duty station shall be paid an allowance amounting:

i.          for staff receiving the household allowance, to 35% of the expatriation allowance payable in the same family circumstances;

ii.          for other staff, to 15% of that allowance.

Article 6 ter – Expatriation allowance for staff recruited on or after 1 January 2012[18]

1.i.       The expatriation allowance shall be paid to staff in Categories A, L and B who, at the time of their appointment by the Organisation:

a.         were not nationals of the host state; and

b.         had been continuously resident for less than one year on that state's territory, no account being taken of previous service in their own country's administration or with other international organisations; and

c.         were recruited internationally from outside the co-ordinated organisations or from outside of the country of assignment; and

d.         were recruited from outside the local commuting area of the duty station.

The “local commuting area” shall be defined as a radius of 100 kilometres from the duty station.

ii.          In the event of an official who has been entitled to the expatriation allowance taking up duty in a duty station where s/he does not meet these four criteria, s/he shall cease to be entitled to the expatriation allowance.

iii.         In the event of an official who has not been entitled to the expatriation allowance taking up duty in a duty station where s/he meets these four criteria, s/he shall begin to be entitled to the expatriation allowance.

iv.         In the event of an official who has been employed by one co-ordinated organisation and entitled to the expatriation allowance taking up duty with another co-ordinated organisation in the same country or in the event of an official of another international organisation or a member of the administration or armed forces of the country of origin taking up duty with a co-ordinated organisation without changing country, the provisions of paragraph 1, sub-paragraph i, indents c and d, shall not apply.

2.i.       The rate of the allowance during the first five years of service shall be 10% of the basic salary. The allowance shall be calculated on the first step in the grade of recruitment or promotion irrespective of any increase in the official's basic salary by movement up the incremental scale and shall be adjusted in the same proportions and at the same date as the basic salary.

ii.          In years six through ten, the allowance shall be reduced by two percentage points per year to reach zero in year ten. During this period, the allowance shall be adjusted in the same proportions and at the same date as basic salary.

iii.         In the event of an official who has been employed by one co-ordinated organisation taking up duty with another co-ordinated organisation or in the event of an official of another international organisation or a member of the administration or armed forces of the country of origin taking up duty with a co-ordinated organisation without changing country, the previous service in the host country will be taken into account in determining the application of paragraph 2, sub-paragraphs i and ii above.

iv.         In the event of an official being transferred, either within an organisation or between co-ordinated organisations, to a new duty country where the staff member meets the eligibility criteria, the rate of the allowance and the time period shall be restored to their initial levels and then reduced, as described in paragraph 2, sub-paragraphs i and ii above.

3.         Where a husband and wife are both non-resident and are both employed in the same country by the same co-ordinated organisation, or by two different co-ordinated organisations, they shall each be entitled to an expatriation allowance at the rate of 10% or at the rates on the reduction scale which correspond to the number of each spouse's years of service.

4.i        When any point on the frontier of the country of which the official is a national is within a radius of 100 kilometres from the duty station, such an official shall not be entitled to the expatriation allowance and the related education allowance and home leave unless s/he supplies proof that s/he has established his or her actual and habitual residence in the country of service or, exceptionally and subject to agreement by the Secretary General, in another country of which s/he is not a national, taking account of his or her family circumstances.

ii.          Officials receiving the expatriation allowance shall notify the Organisation of any change in their place of residence.

iii.         Under special circumstances and for sound and sufficient reasons, exceptions to the rule in paragraph 4, sub-paragraph i above may be made by the Secretary General.

5.         The reduction to zero of the expatriation allowance shall not disqualify the official for entitlement to the education allowance, the expatriated child allowance or home leave.

Article 7 – Education allowance[19]

1.         Staff members entitled to the expatriation allowance with dependent children as defined according to the Staff Regulations, regularly attending on a full-time basis an educational establishment, may request the reimbursement of educational costs under the following conditions:

a.         in respect of children in compulsory education up to completion of secondary level of education;

b.         in respect of children at post-secondary level of education for studies carried out in the country of which the staff member or the child’s other parent is a national or in the duty country.  If duly justified by the staff member, for reasons of continuity in following an educational cycle or if educational costs are lower in a third country, an exception to this rule can be granted by the Secretary General.

2.         By way of exception, staff members not qualifying under the terms of paragraph 1 above may request payment for education in the case of transfer or recruitment from another international organisation where they were entitled to the education allowance, and a dependent child must, for imperative educational reasons, continue an educational cycle commenced prior to the date of transfer or recruitment other than for post-secondary level education and which is not part of the national educational system of the host country.  Entitlement to the education allowance resulting from the application of this paragraph may not exceed the duration of the educational cycle.[20] 

3.         Entitlement to the education allowance shall start on the first day of the month during which the child begins to attend school and not earlier than the age corresponding to the compulsory age of education of the national system followed by the school. It shall finish when the child stops full-time studies, and not later than the end of the month in which the dependent children allowance will no longer be paid.

4.         Production of bills, paid invoices or receipts will be required for the reimbursement of educational costs mentioned in paragraph 5 a. to e. and g. below. Items mentioned in paragraphs 5 f. shall be included in a lump sum payment as defined in paragraph 7.

5.         The following items of expenditure shall be taken into account for the reimbursement of educational costs:

a.         school or university registration fees;

b.         general fees for schooling and education charged by the educational establishment;

Expenses of special courses and activities (including equipment) that are not normally part of the child’s basic course of studies shall not be taken into account;

c.         examination fees;

d.         tuition fees for private lessons on condition that:

-           tuition is given in subjects which are not contained in the child’s syllabus but are part of      the compulsory national education programme of the country of which the staff member is       a national; or

-           tuition is required to enable the child to adjust to the educational curriculum of the institution attended, or to enable the child to become familiar with the language spoken in           the area in which the child lives if the education is given in another language;

            In all these cases, tuition fees may be taken into account for an adjustment period of not   more than two years;

e.         daily expenses on travel between the educational institution and home, by public transport or school bus. Reduced fares shall be used where possible. Where a private car is used or when no public transport or school bus is available, an amount equal to 10% of the annual dependent child allowance shall be taken into account;

f.          where the child does not live at the staff member’s home, expenditure on board and lodging;

g.         purchase of school books as required by the curriculum, and compulsory school uniforms.

6.         Reimbursement of educational costs mentioned in paragraph 5 above shall be made according to the rates, ceilings and conditions below, each case being treated individually:

a.         Standard rate: 70% of the educational costs up to a ceiling of 2.5 times the annual amount of the dependent child allowance or, for staff members recruited on or after 1 January 2017, of the dependent child supplement;

b.         Country of nationality rate (if different from country of duty): 70% of educational costs up to a ceiling of 3 times the annual amount of the dependent child allowance or, for staff members recruited on or after 1 January 2017, of the dependent child supplement if the child is educated in a country of which the staff member or the other parent is a national;

c.         Increased rate: 70% of educational costs up to a ceiling of 4 times the annual amount of the dependent child allowance or, for staff members recruited on or after 1 January 2017, of the dependent child supplement provided that:

            i) educational expenditure as defined in paragraph 5 a. and b. is excessively high;

            ii) such costs are for education up to completion of the secondary cycle;

            iii) are incurred for imperative educational reasons;

d.         Exceptional rate: up to 90% of total educational costs up to a ceiling of 6 times the annual rate of the dependent child allowance or, for staff members recruited on or after 1 January 2017, of the dependent child supplement provided that:

            i) educational costs as defined in paragraph 5 a. and b. are exceptional, unavoidable             and             excessively high, according to the judgement of the Secretary General;

            ii) such costs refer either to education up to completion of the secondary cycle or are         costs as defined in paragraph 5 a. and b. for the post-secondary cycle;

            iii) costs are incurred for imperative educational reasons.

7.         The costs of board and lodging within the meaning of paragraph 5 f. shall be considered as equal to 1.5 times of the annual dependent child allowance or, for staff members recruited on or after 1 January 2017, of the dependent child supplement, calculated in proportion to the number of months considered. This rule does not apply to the reimbursement of costs under paragraph 6 d.[21]

8.         Children over 18 years, whose educational establishment is more than 300 km away from the duty station, are entitled to the reimbursement of the cost of one round-trip per year to the duty station or the home leave destination on condition that the amount does not exceed the cost of one round trip between the duty station and the place approved for home leave. In addition children under 18 years, whose educational establishment is more than 300 km away from home, are entitled to reimbursement of 70% of the cost of two further round trips per year on condition that the amount of each trip does not exceed the equivalent percentage of the cost of a round trip between the duty station and the place approved for home leave. In both cases mentioned above, the home leave travel will replace one educational trip in the year when home leave is taken.

9.         No reimbursement of educational costs will be made unless admissible costs listed in paragraph 5 are higher than an amount equivalent to the annual expatriated child allowance. In those cases where reimbursement is made, the amount equivalent to the annual expatriated child allowance shall be deducted from the amount paid.

10.       The amounts of any allowance received from other sources (scholarships, study grants, etc.) as well as other reimbursement of school costs from other sources for the education of the dependent child, shall be deducted from the expenditure incurred for education mentioned in paragraph 5 above.

11.       At the beginning of each school year a staff member requesting reimbursement of educational costs shall inform the administration as fully as possible of the expenditures which will be incurred for the education of each child.

At the end of the school year the staff member shall provide evidence of the reimbursable expenditure during the school year in order to allow the final calculation of the reimbursement, according to provisions set out in paragraph 4 above.

12.       The staff member shall inform the administration of any changes of circumstances which affect the entitlement to or the level of the reimbursement of educational costs and of any allowance (scholarships, study grants, etc.) and other reimbursement of educational costs, received from another source.

13.       The Secretary General shall establish instructions for implementation of the provisions of this Article.

Article 8 – Installation allowance[22]

1.         Staff members whose actual and habitual residence at the time of their appointment by the Council for an appointment of at least one year, or of their transfer for at least one year to a different duty station within the Council, is more than 100 kilometres away from their assigned duty station and who can prove and confirm by submitting the appropriate documentation that they have in fact moved their residence in order to take up duty, are eligible for the installation allowance.

2.         Staff members satisfying the conditions laid down in paragraph 1 but who are hired for less than a year and whose appointment or consecutive appointments are extended beyond one year shall also be eligible for the installation allowance.

3.         The basic amount of the installation allowance shall equal one month’s basic salary of the staff member concerned, up to a ceiling in accordance with the appended table[23]. Different ceilings apply depending on whether a staff member is entitled to the expatriation allowance or not.[24]

4.         A supplement of 75 % of the basic amount of the installation allowance shall be granted to staff members entitled to the expatriation allowance who change geographical zone in order to settle their actual and habitual residence in the vicinity of the assigned duty station. The geographical zones shall be defined as follows: EME (Europe and Middle East), Africa, Americas (North, Central and South America), Asia and Pacific (Far East and Pacific countries).

5.         The spouse of the staff member, within the meaning of the Staff Regulations, or, in the absence of a spouse, the first dependant, within the meaning of the Staff Regulations, shall give right to an increase of the basic amount of the installation allowance by 20%. Any other dependant shall give right to an increase of 10%. The increase for dependants shall not exceed 100% of the basic amount.

6.         A supplement for mobility of 75 % of the basic amount of the installation allowance shall be granted to staff members who settle their actual and habitual residence in a different duty station more than 100 kilometres away as a result of their transfer for at least one year within the Council.

7.         The supplement for a change in geographical zone referred to in paragraph 4 and the supplement for mobility referred to in paragraph 6 may not both be granted in respect of the same installation.

8.         The allowance shall be payable when the eligible staff member takes up duty or is transferred to a different duty station within the Council.

9.         The supplement for dependants referred to in paragraph 5 is calculated and paid upon justification that each individual related to this increase has settled his/her actual and habitual residence with the staff member at the duty station.

10.       A staff member who resigns within the year that follows his/her appointment or his/her transfer to a different duty station shall pay back the installation allowance on a pro rata basis for the time remaining to reach twelve months.

11.       A staff member shall not pay back the allowance if the Council terminates his/her appointment within the year following his/her appointment or transfer. However, this provision does not apply when the Council terminates the appointment as a result of disciplinary action, in which case the staff member shall reimburse the totality of the allowance.

12.       The allowance shall not be paid back to the Council when the staff member is successively reappointed by the Council after the termination of his/her previous appointment.

Article 9 – Language allowance[25]

Deleted.

Article 10 – Payment of overtime work

Overtime work by staff in grades B3, B2 and B1 and in category C shall, where the exigencies of the service preclude their being granted compensatory leave, be payable on the conditions set out at Appendix VIII to the Staff Regulations.

Article 11 – Rent allowance[26]

Deleted.

Article 12 – Indemnity for handicapped child and reimbursement of educational or training expenses related to the handicap[27] [28]

1.         Any official with a dependent child medically certified as suffering from a handicap and necessitating special care, supervision or special education or training, not provided free of charge, may claim application of these provisions, whatever the age of the child.

2.         Entitlement to the indemnity and reimbursement of expenses under these regulations shall be by decision of the Secretary General having regard to the nature and degree of the handicap.

3.         The Secretary General shall consult a board which he or she shall constitute for the purpose and which shall include at least one independent medical practitioner.

4.         The decision shall specify the period of the entitlement, subject to review.

5.         The criterion for assessing entitlement to the benefits specified in this regulation shall be the serious and chronic impairment of the physical or mental capacities.

6.         Children may be deemed to be handicapped when they suffer from:

·         serious or chronic affection of the central or peripheral nervous system, however caused, such as encephalopathies, myelopathies or peripheral paralysis;

·         serious affection of the locomotor system;

·         serious affection of one or more sensory systems;

·         chronic and disabling mental illness.

7.         The above list is not exhaustive but indicative only. It does not constitute the definitive basis for assessing the degree of handicap.

8.         A claim for reimbursement under these rules shall be made solely in relation to expenses incurred in order to provide the handicapped child with education or training specially adapted to his or her needs and designed to obtain the highest possible level of functional capability and which are not of the same kind as those taken into account for the purposes of the education allowance.

9.         The Secretary General shall assess the reasonableness of the expenses for which reimbursement is claimed.

10.       The amount of the indemnity for the handicapped child shall be equal to the amount of the dependent child allowance and shall be additional thereto.

11.       Reimbursement of education or training expenses described in paragraphs 8 and 9 above shall be at the rate of 90%.

12.       Any official receiving the indemnity for a handicapped child must declare payments of a similar nature received from any other source by himself or herself, his or her spouse, or the handicapped child. Such payments shall be deducted from the indemnity paid under these Regulations.

13.       The amount of expenses incurred as defined in paragraph 8 above shall be calculated after deduction of any payment received from any other source for the same purpose.

Article 12 bis - Supplements for disabled or severely disabled child for staff recruited on or after 1 January 2017[29]

1.         Any staff member with a dependent child of any age medically certified with a disability and necessitating either special care, supervision, special education or training, not provided free of charge, within the meaning of this article may claim, in addition to the dependent child supplement, a monthly supplement for disabled or severely disabled child[30] and reimbursement for education and/or training costs that are related to the disability.

2.         Any staff member with a child with a medically‑attested disability and requiring permanent care from a third person – or if the staff member’s spouse has given up work to provide the requisite care for the disabled child or has never worked in order to look after the disabled child – shall be eligible for a supplement for severely disabled child.

3.         The child shall be considered as dependent on the staff member within the meaning of Article 5 bis above at the time the disability is recognised. In exceptional circumstances justifying the request by a staff member to benefit from the supplement for disabled or severely disabled child, the Secretary General may decide to derogate from this provision.

4.         Entitlement to the supplements for disabled or severely disabled child and coverage of costs as set out in the present Article shall be granted by decision of the Secretary General, after assessment of the nature and severity of the disability by the appropriate advisory board.

5.         The Secretary General shall obtain the opinion of the board that he has created for this purpose, and which includes at least one medical doctor.

6.         The Secretary General’s decision shall establish the duration for which the right will be recognised, and any revision if necessary.

7.         Serious and chronic impairment of physical and/or mental faculties shall constitute the criterion for entitlement to benefits under this Article.

8.         Children may be considered disabled by the board referred to in paragraph 5 if they suffer from:

            i.          serious or chronic affection of the central or peripheral nervous system, however caused: encephalopathy, myelopathy or peripheral paralysis;

            ii.          serious affection of the locomotor system;

            iii.         serious affection of one or more sensory systems;

            iv.         chronic and disabling mental illness.

9.         The above list is not exhaustive. It is provided as an indication and shall not constitute the definitive basis for assessing the degree of any disability.

10.       Only those expenses incurred with a view to providing the disabled or severely disabled child with access to an education or training programme designed to meet his or her needs in order to obtain the best possible functional capacity, and which are not otherwise covered by the provisions governing the education allowance, shall be eligible for reimbursement.

11.       The supplement for severely disabled child shall be double the monthly basic amount of the disabled child supplement.

12.       Reimbursement of education and training expenses shall amount to 90% of the expenses defined in paragraph 10.

13.       Only one supplement for disabled or severely disabled child shall be granted for each disabled or severely disabled child under the conditions set out in the present Article.

14.       A staff member receiving the disabled or severely disabled child supplement shall be required to report any payments of the same nature or for similar purpose that are received from other sources by the staff member, the staff member’s spouse or the child’s other parent and any change of circumstances related to eligibility. The amounts of any such payments shall be deducted from the supplement for disabled child or severely disabled child to which the staff member is entitled.

15.       The amount of expenses covered with respect to reimbursing education and training costs, as defined under paragraph 10 above, is the amount that is remaining after the deduction of any payments that have been received from any other sources and for the same purpose.

16.       In case of shared or alternate custody, the payment of the supplements for disabled or severely disabled child shall be shared equally between the two staff members or the staff member and an official employed by another Co-ordinated Organisation who are the child’s parents. However, the parents may decide by mutual agreement which of them will receive the supplement for disabled or severely disabled child.

17.       Where two staff members are married to each other or a staff member is married to an official of another Co-ordinated Organisation, within the meaning of the Staff Regulations or the Staff Rules of the other Co-ordinated Organisation, only one supplement for disabled or severely disabled child shall be paid per child.

Article 13 – Extra duties allowance

1.         An extra duties allowance shall be paid to staff members who are called upon by the Secretary General, in application of Article 29 of the Regulations on Appointments, to assume the responsibilities attaching to a post carrying a grade immediately higher than their own.

2.         The amount of this allowance shall correspond to one twelve-month step in the basic salary scale for the grade of the staff member carrying out the extra duties.

3.         The allowance shall be paid from the third consecutive month of service in the higher post, without retroactive effect in respect of the first two months.

Article 14[31]

Where a staff member no longer supports his or her children directly but is required to contribute to their support:

·         the household allowance or, for staff members recruited on or after 1 January 2017, the basic family allowance;

·         the allowance in respect of dependent children or, for staff members recruited on or after 1 January 2017, the dependent child supplement;

·         the allowance for a handicapped child or, for staff members recruited on or after 1 January 2017,  the supplements for disabled or severely disabled child;

·         the education allowance; and

·         the increased rates of expatriation or residence allowance,

payable in respect of his or her children, may be paid, either in whole or in part, to the person who, by virtue of a court order, has sole parental authority or provides their principal board and lodging.

Article 15 – Limitation period for claims[32]

1.         Claims against the Organisation for payment of salary, indemnities, allowances, benefits or other sums resulting from the application of the Staff Regulations, Rules and Instructions shall lapse two years after the date on which the payment would have been due.

2.         The limitation period shall be interrupted by a claim in writing submitted before its expiry.

3.         The right of the Organisation to recover a payment made unduly shall lapse two years following that payment.

4.         The limitation period laid down in paragraph 3 shall be increased to 10 years if the staff member intentionally provided information which was incorrect or neglected to provide relevant information to the Organisation.

5.         Recovery shall be made by deductions from the monthly or other payments due to the person concerned, taking into account his or her social and financial situation.



[1]  Note: as amended by Resolution CM/Res(2010)7 of 7 July 2010,  Resolution CM/Res(2010)8 of 7 July 2010, with effect from 1 January 2011, Resolution CM/Res(2011)4 of 16 February 2011,  Resolution CM/Res(2011)25 of 9 November 2011, with effect from 1 January 2012,  Resolution CM/Res(2013)60 of 11 December 2013, with effect from 1 January 2014, Resolution CM/Res(2014)45 of 26 November 2014, with effect from 1 January 2015 and Resolution CM/Res(2016)18 of 18 October 2016, with effect from 1 January 2017.

[2]  Note: the scales are not reproduced in this edition of the Staff Regulations.

[3]  Note: added by Resolution CM/Res(2010)7 of 7 July 2010.

[4] Note: as amended by Resolution CM/Res(2010)8 of 7 July 2010, with effect from 1 January 2011 and Resolution CM/Res(2013)60 of 11 December 2013, with effect from 1 January 2014.

[5]  1 January, 1 April, 1 July or 1 October

[6]  Note: added by Resolution CM/Res(2013)60 of 11 December 2013, with effect from 1 January 2014.

[7]  Note: this Article shall apply to staff members recruited until 31 December 2016.

[8] Note: added by Resolution CM/Res(2016)18 of 18 October 2016, with effect from 1 January 2017.

[9]  As set out in Appendix 2 to the Rules governing the basic family allowance (cf. 238th CCR report) and adjusted annually in accordance with the Rules governing the method for adjusting the allowances/supplements expressed in absolute value as set out in 242nd CCR report (CCR/R(2016)5).

[10] Note: this Article shall apply to staff members recruited until 31 December 2016.

[11] Note: the conditions for the payment of the dependent child allowance as set out in this Article shall be maintained for staff members serving at 31 December 2016 with respect to children born before 1 January 2032. Dependent child allowance with respect to children born after 31 December 2031 shall only be payable until the end of the academic year during which the child reaches the age of 22 years (see Resolution CM/Res(2016)18 of 18 October 2016).

[12] Note: added by Resolution CM/Res(2016)18 of 18 October 2016, with effect from 1 January 2017.

[13]  As set out in Appendix 2 to the Rules governing the dependent child supplement (cf. 239th CCR report) and adjusted annually in accordance with the Rules governing the method for adjusting the allowances/supplements expressed in absolute value as set out in 242nd CCR report (CCR/R(2016)5).

[14] Note: added by Resolution CM/Res(2016)18 of 18 October 2016, with effect from 1 January 2017.

[15] As set out in Appendix 2 to the Rules governing the supplement for disabled and dependent parent (cf. 241st CCR report) and adjusted annually in accordance with the Rules governing the method for adjusting the allowances/supplements expressed in absolute value as set out in 242nd CCR report (CCR/R(2016)5).

[16]  Note: added by Resolution (96) 3 of 8 February 1996, with effect from 1 January 1996. This article does not apply to staff who took up their duties between 1 January 1996 and the date of adoption of this Resolution, pursuant to a contract already concluded. Their situation is governed by Article 6 of these Regulations.

[17]Note: as amended by Resolution (98) 5 of 17 March 1998 with effect from 1 January 1998.  Staff who took up their duties between 1 January 1998 and the date of adoption of this Resolution, pursuant to a contract concluded prior to 29 November 1997 shall nevertheless have the benefit of the allowance.

[18]  Note: added by Resolution CM/Res(2011)25 of 9 November 2011, with effect from 1 January 2012.

[19]  Note: as amended by Resolution CM/Res(2007)9 of 16 May 2007, Resolution CM/Res(2011)4 of 16 February 2011 and Resolution CM/Resolution(2016)18 of 18 October 2016, with effect from 1 January 2017.

[20]  Note: as amended by Resolution CM/Res(2011)4 of 16 February 2011.

[21]  Note: as amended by Resolution CM/Res(2011)4 of 16 February 2011.

[22] Note: modified by Resolution CM/Res(2014)45 of 26 November 2014, with effect from 1 January 2015. The previous version of Article 8 of the Regulations governing staff salaries and allowances (Appendix IV to the Staff Regulations) shall apply until 31 December 2018 to cases of transfer to a different duty station within the Council of staff members serving at the time of entry into force of Resolution CM/Res(2014)45.

[23] The amount of the ceilings shall be adjusted in accordance with Articles 7 and 8 of the Rules concerning the installation allowance, as set out in the Annex of the 229th CCR Report (CM(2014)99).

[24] A staff member who will receive the expatriation allowance in his/her new duty station shall be considered as entitled within the meaning of this provision.

[25]  Note: deleted by Resolution CM/Res(2011)4 of 16 February 2011, with effect from 1 March 2011.

[26]  Note: deleted by Resolution CM/Res(2011)4 of 16 February 2011.

[27]  Note: as amended by Resolution Res(92)24 of 18 May 1992, with effect from 1 January 1992.

[28] Note: this Article shall apply to staff members recruited until 31 December 2016.

[29] Note: added by Resolution CM/Res(2016)18 of 18 October 2016, with effect from 1 January 2017.

[30] As set out in Appendix 2 to the Rules governing the supplements for disabled or severely disabled child (cf. 240th CCR report) and adjusted annually in accordance with the Rules governing the method for adjusting the allowances/supplements expressed in absolute value as set out in 242nd CCR report (CCR/R(2016)5).

[31]  Note: added by Resolution Res(93)36 of 7 September 1993, with effect from 8 September 1993 and amended by Resolution CM/Res(2016)18 of 18 October 2016, with effect from 1 January 2017.

[32] Note: added by Resolution CM/Res(2013)60 of 11 December 2013, with effect from 1 January 2014.