(Repealed by Rule No. 1400)

Rule No. 1387 of 20 December 2016 on benefits in the event of death, permanent and total disability, permanent and partial disability or long-term care

The Secretary General of the Council of Europe,

HAVING REGARD to Article 43 of the Staff Regulations;

HAVING REGARD to the Regulations on the Medical and Social Insurance Scheme (Appendix XII to the Staff Regulations)

HAVING REGARD to Article 13 of the Pension Scheme rules (Appendix V to the Staff Regulations), of the New Pension Scheme (Appendix V bis to the Staff Regulations) and of the Third Pension Scheme “TPS” (Appendix V ter to the Staff Regulations);

HAVING REGARD to Resolution Res(92)28 on the regulation introducing special measures to terminate the service of permanent staff of the Council of Europe (hereinafter “Resolution (92)28”);

HAVING REGARD to Resolution CM/Res(2009)5 on the status and conditions of service of judges of the European Court of Human Rights and of the Commissioner for Human Rights, as amended by Resolution CM/Res(2013)4 and Resolution CM/Res(2015)5;

HAVING REGARD to Resolution CM/Res(2016)18 amending the Regulations governing staff salaries and allowances (Appendix IV to the Staff Regulations) and related provisions;

HAVING REGARD to Rule No. 1384 on staff contributions towards collective insurance premiums;

HAVING REGARD to Rule No. 821 of 1 December 1992 laying down the conditions of recruitment and employment of temporary staff:

HAVING REGARD to Rule No. 1232 of 15 December 2005 laying down the conditions of recruitment and employment of temporary staff members from 1 January 2006;

HAVING REGARD to Rule No. 1234 of 15 December 2005 laying down the conditions of recruitment and employment of locally recruited temporary staff working at Council of Europe duty stations outside France;

WHEREAS the Council of Europe is, in implementing the provisions thereof, responsible vis-à-vis all permanent, long-term temporary and monthly temporary staff members, specially appointed officials, judges of the European Court of Human Rights and the Commissioner for Human Rights and former staff members benefiting from continuation of the death/disability cover, providing for the payment of a capital sum in the event of death or permanent and total disability, permanent and partial disability or long-term care;

CONSIDERING that, in order to guarantee the funding of these benefits, which it pays directly to beneficiaries, the Council of Europe reinsured the risks of death or permanent and total disability or permanent and partial disability as well as the risk of long-term care by taking out, with effect from 1 January 2014, a group insurance contract with an outside insurer, which has delegated the management of that contract to an external insurance management organisation selected by means of a call for tenders on the basis of a recommendation by the Supervisory Board and in accordance with the procurement procedures of the Organisation;

CONSIDERING that the said contract has been renewed for a period of three years as from 1 January 2017, that certain provisions therein have been renegotiated, as set out in Amendment No. 2 to the group insurance contract, and that the content thereof should be reflected in a Rule;

CONSIDERING that Rule No. 1332 of 25 May 2011 on benefits in the event of death, permanent and total disability, partial disability or long-term care, as amended by Rule No 1367 of 4 March 2014, should be replaced;

HAVING CONSULTED the Supervisory Board, in accordance with Article 1, paragraph 3, of Rule No. 1337 of 29 September 2011 on the Supervisory Board on medical and social protection;

HAVING CONSULTED the Staff Committee in accordance with Article 5, paragraph 3, of the Regulations on Staff Participation (Appendix I to the Staff Regulations);

D E C I D E S:

Article 1 - Definitions

The following definitions shall apply to this Rule:

Staff member: a permanent staff member under Article 1 of the Staff Regulations.

Specially appointed official: the Secretary General, the Deputy Secretary General or the Secretary General of the Parliamentary Assembly.

Spouse the spouse of the beneficiary of the cover under a marriage recognised by a member state.

Recognised partner: a person who has entered into a partnership agreement with the beneficiary of the cover that has been registered with a state whose law provides for such a procedure.

Former staff member benefiting from optional continuation of the death/disability cover: a staff member who exercised his/her entitlement to a retirement pension from the Organisation before reaching the age of 65 and who, prior to retirement, subscribed the optional continuation of the death and permanent, total disability cover and has been paying the corresponding premiums.

Long-term care: a health condition necessitating the permanent assistance of another person to carry out ordinary everyday activities.

CEMSIS (Council of Europe Medical and Social Insurance Scheme): the Organisation’s own private insurance scheme providing for benefits equivalent to those paid by French social security and additional benefits paid as complementary cover.

Total salary: basic salary plus, where applicable, the household allowance, the basic family allowance, the expatriation or residence allowance, the language allowance, the relocation allowance and the representational allowance.

Primary cover: basic cover provided by the local Alsace-Moselle scheme of the French social security system. By extension, basic cover provided by CEMSIS, equivalent to that provided by the local Alsace-Moselle scheme

Complementary cover: additional cover wholly or partly complementing the primary cover.

Sickness: any organic or functional impairment of health insofar as it is duly certified by a doctor. This also applies to a psychological illness insofar as it is duly certified and determined by a doctor.

Stabilisation: the point where, following a period of treatment, the injury stabilises and becomes long-term or permanent such that no further treatment is necessary except to prevent any deterioration.

Accident: any physical or mental harm resulting from the sudden effects of an external cause. In particular, any physical injury due to a sudden, and usually violent, external cause shall be regarded as accidental.

Work accident, industrial disease: any accident which is caused by, or occurs in the course of, functions undertaken in the Organisation and which causes physical or mental harm to a principal beneficiary in active service.

In particular, any physical injury due to a sudden external cause shall be regarded as accidental.

Work accidents shall also include accidents occurring during a staff member’s usual journey to and from the usual place of work; when a staff member travels between buildings occupied by the employer; when a staff member is travelling to or from an official destination or performing duties connected with an official journey (unless the journey has been interrupted for personal reasons unconnected with the staff member’s duties).

The journey must not have been interrupted, or a detour have been made, for personal reasons unconnected with the principal beneficiary’s duties.

Industrial diseases caused by duties performed on behalf of the Organisation (illnesses resulting from a succession of external events or a progressive effect linked to working conditions), which are recognised by the French social security scheme as industrial diseases in accordance with the table published by the National Research and Safety Institute (INRS) listing industrial diseases recognised under French legislation, shall count as work accidents.

Work accidents or industrial diseases shall include the further effects of an accident occurring, or an industrial disease contracted, while a staff member was performing his/her duties, even if these effects manifest themselves when he/she has left the Organisation.

If problems arise with the interpretation of the principles relating to work accidents or industrial diseases, French legislation on accidents at work and industrial diseases, and the relevant French case law, shall apply by analogy

PART I - BENEFITS IN THE EVENT OF DEATH

Article 2 - Purpose

1.       The purpose of this part is to determine the framework governing the capital sum guaranteed by the Organisation in the event of the death of a specially appointed official, a judge of the European Court of Human Rights, the Commissioner for Human Rights, a staff member, a monthly or long-term temporary staff member or a former specially appointed official or staff member benefiting from optional continuation of the cover.

2.       In this connection, the Organisation acts as the holder of a collective insurance policy with an outside insurer with the aim of reinsuring the cover provided to beneficiaries by the Organisation in the event of death, subject to the exceptions provided for in Article 36 of this Rule.

3.       Any benefits payable under the respective pension schemes shall be covered by separate regulations ensuing from the applicable national legislation and/or the regulations governing the Organisation’s pension schemes.

Article 3 – Duration of cover

1.       The cover shall take effect on the first day of the beneficiary’s employment contract at 00:00 hours. It shall end upon the cessation of the employment contract, or at the latest on the last day of the month of the beneficiary’s 65th birthday. Nonetheless, staff members, long-term temporary staff members and specially appointed officials in receipt of the residence or expatriation allowance shall continue to be covered for fifteen days from the date of cessation of their employment contract. For temporary monthly staff in receipt of the residence allowance the period of maintenance of cover shall be 48 hours. In addition, any staff member who has subscribed the optional continuation of death/disability cover shall benefit from maintenance of the guarantees until the last day of the month in which the beneficiary’s 65th birthday occurs.

2.       Specially appointed officials, judges of the European Court of Human Rights and the Commissioner for Human Rights whose term of office expires after the last day of the month of their 65th birthday shall continue to benefit from the death cover until the date of cessation of their duties and at the latest until the last day of the month in which their 70th birthday occurs.

3.       Specially appointed officials, judges of the European Court of Human Rights and the Commissioner for Human Rights who remain in office beyond the last day of the month of their 70th birthday may, on a voluntary basis and subject to payment of the corresponding premium, request continuation of the death cover at the same level as that provided up to the last day of the month of their 70th birthday. This continuation of cover shall be inseparable from continuation of the disability and temporary incapacity cover. 

Article 4 - Designation

1.       Any beneficiary of cover may designate one or more persons instead of the recipients by default referred to in Articles 8, 10 and 12 of this Rule.

2.       Designations shall be made using the relevant form and envelope, available from the Social Insurance and Pensions Unit of the Directorate General of Administration, in one of the two official languages. The form shall be dated and signed and sent in the sealed envelope, also dated and bearing the signature of the staff member, to the Social Insurance and Pensions Unit, which shall acknowledge its receipt and ensure that it is stored in a safe.

3.       The beneficiary of the cover may stipulate the respective percentage shares of the capital sum that he/she wishes to allocate to each of the persons designated. Should the total of these percentages be different from 100%, the Social Insurance and Pensions Unit shall recalculate the respective shares on a proportional basis.

4.       Should one or more of the persons designated die before or at the same time as the beneficiary of the cover, the share of the capital sum allocated to them shall be distributed on a proportional basis among any other recipients, unless stipulated otherwise on the form or in the sealed envelope sent to the Directorate of Human Resources.

5.       The beneficiary of the cover may, at any time, alter a previous designation by indicating, in the same manner, new arrangements annulling the earlier ones. A beneficiary who has made a designation shall have sole liability for ensuring that it is kept up-to-date in the manner indicated above.

6.       No bank, financial institution or insurance company may be designated in connection with the taking out of a loan.

Article 5 - Miscellaneous provisions

1.       Sums due to minors or to persons of full age lacking legal capacity shall be paid to their legal guardians.

2.       Should one or more recipients refuse the capital sum or the share thereof allocated to them, either under the provisions of this Rule or as a result of a designation, the sums due shall be shared on a proportional basis among any remaining recipients, unless stipulated otherwise on the form sent to the Directorate of Human Resources. Failing this, the capital sum shall be shared among the legal heirs under applicable private international law.

3.       In the event that a deceased staff member has no known heir and his/her estate consequently reverts by escheat to the state or states of which he/she is a national or resident, the capital sum provided for in this Rule shall accrue to the Council of Europe.

4.       The capital sum shall be paid to the recipient in the currency in which it is paid by the insurers. Should the amount due be transferred to a country with another currency, any bank and exchange charges shall be borne in full by the recipient.

SECTION I - Staff members, specially appointed officials, judges of the European Court of Human Rights, the Commissioner for Human Rights and former staff members benefiting from optional continuation of the death cover

Article 6 - Amount of the capital sum

1.       The basic capital sum shall be equal to twenty-four times the beneficiary’s last total monthly salary.

2.       For former staff members and former specially appointed officials benefiting from the optional continuation of cover, the basic capital sum shall be equal to twenty-four times the last total monthly salary received before they ceased their duties. Its amount shall remain unchanged during the continuation period.

3.       For beneficiaries affiliated to the French social security scheme, who are covered on a complementary basis, an amount equivalent to the capital sum paid by the French social security scheme shall be deducted from this basic capital sum

4.       In the case of specially appointed officials, judges of the European Court of Human Rights and the Commissioner for Human Rights remaining in office beyond the end of the month of their 65th birthday, the capital sum shall be payable according to the following declining scale:

From the age of

Percentage of capital sum due

65

90%

66

80%

67

70%

68

60%

69

50%

5.       In the case of specially appointed officials, judges of the European Court of Human Rights and the Commissioner for Human Rights remaining in office after the end of the month of their 70th birthday who have requested continuation of the death cover, the capital sum shall correspond to 50% of the amount guaranteed before the age of 65.

Article 7 - Staff on unpaid leave or parental leave

1.       Staff on unpaid leave or parental leave shall be covered, subject to acceptance by the insurance institution, if they have opted for voluntary continuation of the cover and paid the corresponding premiums.

2.       The continuation of the cover must be requested by the staff member at the latest two months before his/her departure from the Organisation on unpaid leave by means of a “state of health declaration” form drawn up to this effect, duly completed and signed.

3.       Voluntary continuation of the cover shall be possible only insofar as the staff member on unpaid leave or parental leave does not pursue an activity entitling him or her to social insurance cover. A staff member taking unpaid leave or parental leave who carries on a professional and/or salaried activity and/or receives an indemnity or allowance shall not be able to benefit from voluntary continuation of the cover, even if his/her activity ceases before the end of the period of unpaid leave or parental leave.

Article 8 - Beneficiaries of the capital sum

In the event of the death of a staff member or of a former staff member benefiting from the optional continuation of the cover, the capital sum shall be paid, unless provision has been made to the contrary in the manner specified in Article 4 above:

-        in full to the staff member’s spouse or legally recognised partner;

-      failing that, in equal shares and per capita to the staff member’s legitimate, natural, adopted or otherwise dependent children, and any other children or other dependants for whom the staff member received the Organisation’s family allowance;

-        failing that, to the staff member’s legal heirs under applicable private (international) law.

SECTION II - Long-term temporary staff

Article 9 - Amount of the capital sum

1.       The capital sum shall be equal to twelve times the staff member’s last total monthly salary.

2.       In the case of staff affiliated to CEMSIS the capital sum shall be increased by the amount of the capital sum that would have been paid by French social security if they had been affiliated thereto.

Article 10 - Beneficiaries of the capital sum

In the event of the death of a long-term temporary staff member, unless provision has been made to the contrary in the manner specified in Article 4 above, the capital sum shall be paid in accordance with the provisions of Article 8 above.

SECTION III - Monthly temporary staff

Article 11 - Amount of the capital sum

1.       In the case of staff members who, at the time of death, had paid contributions for twelve months (out of not more than eighteen months preceding the death) the capital sum shall be equal to twelve times the staff member’s last total monthly salary.

2.       In the case of staff members who, at the time of death, do not meet this condition, the capital sum shall be equal to six times the staff member’s last total monthly salary.

3.       In the case of staff affiliated to CEMSIS the capital sum shall be increased by the amount of the capital sum that would have been paid by French social security if they had been affiliated thereto.

Article 12 - Beneficiaries of the capital sum

In the event of the death of a monthly temporary staff member, unless provision has been made to the contrary in the manner specified in Article 4 above, the capital sum shall be paid in accordance with the provisions of Article 8 above.

PART II - BENEFITS IN THE EVENT OF PERMANENT AND TOTAL DISABILITY

Article 13 - Purpose

1.       This part determines the framework governing the benefits guaranteed by the Organisation in the event of the permanent, total and absolute disability of a specially appointed official, a judge of the European Court of Human Rights, the Commissioner for Human Rights, a staff member, a monthly or long-term temporary staff member or a former specially appointed official or staff member benefiting from the optional continuation of cover.

2.       In this connection, the Organisation acts as the holder of a collective insurance policy with an outside insurer with the aim of reinsuring the cover provided to beneficiaries by the Organisation in the event of permanent and total disability.

3.       Any benefits payable under the respective pension schemes shall be covered by separate rules ensuing from the applicable national legislation and/or the regulations governing the Organisation’s pension schemes.

Article 14 – Duration of cover

1.       The cover shall take effect on the first day of the beneficiary’s employment contract at 00:00 hours. It shall end upon the cessation of the employment contract, or at the latest on the last day of the month in which the beneficiary’s 65th birthday occurs. Nonetheless, staff members, long-term temporary staff members and specially appointed officials in receipt of the residence or expatriation allowance shall continue to be covered for fifteen days from the date of cessation of their employment contract. For temporary monthly staff in receipt of the residence allowance the period of maintenance of cover shall be 48 hours.

2.       Specially appointed officials, judges of the European Court of Human Rights and the Commissioner for Human Rights whose term of office expires after the last day of the month in which their 65th birthday occurs shall continue to benefit from the permanent, total and absolute disability cover until the date of cessation of their duties and at the latest until the end of the month in which their 70th birthday occurs. In this case the capital sum paid in the event of disability shall be equal to 5% of the capital sum guaranteed in the event of death arising before their 65th birthday.

3.       Specially appointed officials, judges of the European Court of Human Rights and the Commissioner for Human Rights remaining in office beyond the last day of the month in which their 70th birthday occurs may, on a voluntary basis and subject to payment of the corresponding premium, request continuation of the permanent, total disability cover at the same level as that provided up to the last day of the month in which their 70th birthday occurs. This continuation of cover shall be inseparable from continuation of the death and temporary incapacity cover.

Article 15 - Manner of payment of the capital sum

1.       The capital sum due in the event of disability shall be paid out to the beneficiary by the Organisation or, if he or she has been declared to lack legal capacity, to his or her legal guardian.

2.       The capital sum shall be paid out to the beneficiary in the currency in which it is paid by the insurers. In the event of a transfer to a country with another currency, any bank and exchange charges shall be borne in full by the beneficiary.

Article 16 - Supplementary capital sum in the event of death following disability

1.            A staff member who has been declared a category 1 or 2 disabled person under the Organisation’s pension schemes shall be entitled to the maintenance of the cover provided in the event of death, free of payment of any premium, for a maximum period of five years from the date of recognition of the disability. The amount of the capital sum previously paid in respect of category 1 or 2 permanent disability shall be deducted from the sum due in the event of death. The amount of the capital sum shall be established on the basis of the staff member’s salary last used to calculate the premium for this risk. A staff member who has been declared a category 3 disabled person under the Organisation’s pension schemes shall not be entitled to maintenance of the death cover, whether the category 3 disability was established at the time of his/her departure from the Organisation or subsequently, following a deterioration giving rise to the payment of the supplementary capital sum due in respect of the category 3 disability.

SECTION I – Staff members under the age of 65, specially appointed officials under the age of 65, judges of the European Court of Human Rights under the age of 65, a Commissioner for Human Rights under the age of 65 and former staff members under the age of 65 benefiting from optional continuation of the permanent and total disability cover

Article 17 - Capital sum

1.       The guaranteed capital sum shall vary according to the degree of disability, based on categories similar to those applied by the French social security scheme:

a.       for a person with a category 3disability, the guaranteed capital sum shall be equivalent to 24 times the beneficiary’s monthly salary.

b.       for disabilities in categories 1 and 2, the guaranteed capital sum shall be equivalent to 12 times the beneficiary’s monthly salary.

2.       A staff member who has been declared a category 1 or 2 disabled person under the Organisation’s pension schemes shall be entitled to maintenance of the cover provided in the event of category 3 disability, free of payment of any premium, for a maximum period of five years from the date of recognition of the disability. The amount of the capital sum previously paid in respect of category 1 or 2 permanent disability shall be deducted from the sum due in respect of a category 3 disability. The amount of the capital sum shall be established on the basis of the staff member’s salary last used to calculate the premium for this risk.

3.       For former staff members benefiting from the optional continuation of permanent, total and absolute disability cover, the guaranteed capital sum shall be calculated on the basis of the last total monthly salary received before the cessation of their duties. Its amount shall remain unchanged during the continuation period.

4.       From the date of the beneficiary’s 56th birthday, the capital sum shall be reduced as follows:

From the age of

Percentage of the capital sum payable in the event of disability

From the age of

Percentage of the capital sum payable in the event of disability

56

          87.5 %

61

          25%

57

          75%

62

          12.5%

58

          62.5 %

63

          5%

59

          50%

64

          5%

60

          37.5%

5.       Where, on account of his/her permanent, total and absolute disability, the beneficiary needs the constant assistance of another person to carry out ordinary everyday activities, the reduction for age shall not be applied.

Article 18 - Allowance

1.       Where, on account of the permanent, total and absolute disability in respect of which the capital sum referred to in the preceding article was paid, the beneficiary needs the constant assistance of another person to carry out ordinary everyday activities, he/she shall receive a monthly attendance allowance payable for life. This provision derives from the conclusions of the Invalidity Board provided for under Article 13 of each of Appendices V, V bis and V ter to the Staff Regulations.

2.            The allowance shall be due insofar as the need for such assistance is recognised either at the time of the declaration of invalidity or subsequently - even after the beneficiary has reached the age of 65 - on account of a worsening of the disability.

3.            This allowance for life shall be paid only if the need for such assistance is determined within five years of recognition of the disability. Where the need for such assistance is determined more than five years after recognition of the disability, the allowance shall be paid for a period limited to five years

4.       This allowance, amounting to €1896.52 as at 1 January 2017, shall be index-linked to the basic salary of a staff member of grade A2 in post in France.

5.       The allowance shall be payable only where another person’s assistance is needed as a result of the permanent, total and absolute disability that gave rise to the payment of the capital sum and shall under no circumstances be awarded following another illness that arose at a later date.

SECTION II - Long-term temporary staff

Article 19 – Procedure

1.       The determination of the permanent and total disability of long-term temporary staff serving outside France is the responsibility of the Invalidity Board, as provided for by Article 13 of each of the Appendices V, V bis and V ter to the Staff Regulations and their respective implementing instructions, in accordance with the procedure and provisions applicable to permanent staff.

2.       The rules and provisions for the determination of disabilities laid down in the French social security scheme shall apply, where applicable, to long-term temporary staff serving in France in respect of recognition of permanent and total disability.

Article 20 - Capital sum

1.       The guaranteed capital sum shall be equal to twelve times the staff member’s monthly salary.

2.       Paragraphs 4 and 5 of Article 17 shall apply mutatis mutandis.

Article 21 - Allowance

Article 18 shall apply mutatis mutandis.

SECTION III - Monthly temporary staff

Article 22 - Procedure

1.       The determination of the permanent and total disability of monthly temporary staff serving outside France is the responsibility of the Invalidity Board, as provided for by Article 13 of each of the Appendices V, V bis and V ter to the Staff Regulations and their respective implementing instructions, in accordance with the procedure and provisions applicable to permanent staff.

2.       The rules and provisions for the determination of disabilities laid down in the French social security scheme shall apply, where applicable, to monthly temporary staff serving in France in respect of recognition of permanent and total disability.

Article 23 – Capital sum

1.       In the case of a staff member who, at the date of recognition of the disability, had paid contributions for twelve months (out of not more than eighteen months), the guaranteed capital sum shall be equal to twelve times the staff member’s last total monthly salary.

2.       In the case of a staff member who, at the date of recognition of the disability, does not meet this condition, the guaranteed capital sum shall be equal to six times the staff member’s last total monthly salary.

Article 24 - Allowance

For staff affiliated to CEMSIS an allowance equivalent to that paid by French social security shall be paid to the beneficiary of the cover.

PART III – BENEFITS IN THE EVENT OF PERMANENT, PARTIAL DISABILITY (PPD)

Article 25 - Purpose

1.       This part determines the framework governing the benefits guaranteed by the Organisation in the event of the permanent, partial disability (PPD) of a specially appointed official, a staff member, a judge of the European Court of Human Rights or the Commissioner for Human Rights.

2.       In this connection, the Organisation acts as the holder, with an outside insurer, of a collective insurance policy the management of which is entrusted to an outside manager, with the aim of reinsuring the cover provided to beneficiaries by the Organisation in the event of partial disability.

Article 26 - Beneficiaries

1.       This guarantee shall apply to permanent staff, specially appointed officials, judges of the European Court of Human Rights and the Commissioner for Human Rights. The cover shall end no later than the end of the month in which the insured person reaches the age of 65.

2.       The beneficiary of the cover shall have been in a situation of temporary incapacity for work for at least 18 months when the cover is activated.

3.       He/she shall have been recognised as being in a situation of permanent, partial disability by the Invalidity Board provided for under Article 13 of each of Appendices V, V bis and V ter to the Staff Regulations. The referral to the Invalidity Board and its functioning shall be governed by Article 13 of the respective Appendices and its implementing instructions.

Article 27 – Benefits

1.       The working hours of a staff member recognised as being in a situation of permanent, partial disability shall be 50% of the full time working hours in practice within the Organisation. Under no circumstances may they be less.

2.       The share of salary paid by the Organisation shall be 50% of the basic salary for the staff member’s grade and step. The staff member’s salary shall be supplemented by a work compensation allowance (WCA). This allowance shall be equivalent to the amount obtained by multiplying the basic salary for the staff member’s grade and step by 70% of the difference between the amount payable for his/her working time regime at the time when the partial disability is recognised and a working time regime of 50%.

Working time regime before permanent, partial disability

Share of salary paid by the Organisation

Compensation allowance as a %age of the basic salary for full-time work

Total salary (salary + WCA) as a %age of the basic salary for full-time work

100%

50%

35%

85%

90%

28%

78%

80%

21%

71%

70%

14%

64%

60%

7%

57%

50%

0%

50%

3.       The WCA shall be included in the calculation bases for the household allowance, the basic family allowance, the expatriation allowance and health insurance contributions. It shall also be included in the pension contributions base, but shall confer entitlement to an annuity identical to that corresponding to the staff member’s working time regime at the time of recognition of the permanent, partial disability.

4.       A staff member recognised as being in a situation of permanent, partial invalidity shall have the same leave entitlement as a staff member working on a 50% part-time basis with the same timetable of working hours.

5.       The staff member’s working hours shall be determined by the Organisation’s medical officer in co-operation with his/her management.

6.       The staff member’s tasks and objectives shall be adapted to take account of his/her medical situation and his/her part-time work arrangements.

7.       He/she shall continue to be a staff member of the Organisation and shall accordingly benefit from the privileges and immunities on the same terms as other serving staff.

8.       The staff member shall be entitled to the same seniority increments as other serving staff.

9.       No capital sum shall be payable under the partial disability benefits provisions.

Article 28 – Duration of benefits

1.       The Organisation’s medical officer shall assess the state of health of all beneficiaries of permanent partial disability benefit on an annual basis and may convene the Invalidity Board so as to have it decide on continuation of the benefit or alternatively recommend that the staff member should be recognised as suffering from permanent and total disablement or that the staff member should resume work under his/her former working time regime.

2.       The duration of payment of permanent, partial disability benefits shall be not more than 60 months. After this period the Invalidity Board shall be convened.

PART IV - LONG-TERM CARE BENEFITS

Article 29 – Purpose

1.       The purpose of this part is to determine the framework governing the mandatory continuation of the “attendance allowance” guarantee provided for by the Organisation to cover long-term care. This covers situations in which the decrease in the insured person’s physical or mental capacities reaches a level of at least 70% on a permanent basis. This will be assessed in accordance with the criteria laid down in the collective insurance contract, or where appropriate according to the French Social Security criteria, as resulting from French legislation and case-law in these matters.

2.       The Organisation entrusts provision of the insurance and management of these benefits to an outside insurer and manager selected by means of a call for tenders on the basis of a recommendation by the Supervisory Board and in accordance with the Organisation’s purchasing procedures.

Article 30 - Beneficiaries

This guarantee shall apply to:

-        recipients of a retirement pension under the Organisation’s Pension Scheme;

-        recipients of an early retirement pension;

-        former permanent staff members who were concerned by special measures terminating their service in accordance with Resolution (92) 28 on the regulation introducing special measures to terminate the service of permanent staff of the Council of Europe;

-        recipients of an invalidity pension from the Organisation.

Article 31 - Allowance

1.       Where the state of health of the former staff member necessitates the permanent assistance of another person to carry out ordinary everyday activities, he/she shall receive a monthly allowance payable for life.

2.       A waiting period of three months shall be applied for payment of the allowance.

3.       This allowance, amounting to €1896.52 as at 1 January 2017, shall be index-linked to the basic salary of a staff member of grade A2 in post in France.

4.       This allowance shall not be payable simultaneously with those referred to in Articles 18 and 21.

PART V - BENEFITS FOLLOWING A WORK ACCIDENT OR OCCUPATIONAL DISEASE

Article 32 - Purpose

The benefits payable in the event of a work accident or occupational disease shall not replace - but shall be additional to - any other benefits provided for under this Rule or the other rules implementing Appendix XII to the Staff Regulations or under the Pension Scheme Rules.

Article 33 - Procedure

Except in the event of force majeure, a staff member who suffers a work accident shall immediately inform, or have someone else inform, the Social Insurance and Pensions Unit, specifying the detailed circumstances of the accident. The Social Insurance and Pensions Unit of the DHR shall, within 48 hours, transmit a declaration to the insurance organisation with which the staff member is affiliated, which shall assess whether the accident is work related and notify the staff member of its conclusions.

Article 34 - Lump sum or allowance for permanent invalidity

1.       In line with the benefits guaranteed by the French social security scheme, any staff member affiliated to CEMSIS who, following a work accident or as a consequence thereof, suffers a permanent impairment or subsequent effects such that he/she cannot recover his/her former capacity for work, shall be entitled to an allowance from the day following the date of stabilisation of his/her condition.

2.       Permanent invalidity shall be assessed according to the French social security scheme’s criteria and within the limits of that scheme, on the basis of the degree of physical disability and the capacity to resume work.  The invalidity shall be total where no resumption of work can be envisaged, and partial in all other cases.

3.       Where the degree of disability is less than 10%, the benefits shall be paid in the form of a lump sum. Beyond this threshold, the benefits shall take the form of an allowance calculated on the basis of the beneficiary’s annual salary and the degree of disability, according to the criteria and within the limits applied by the French social security scheme.

4.       Moreover if the beneficiary needs the assistance of another person to carry out ordinary everyday activities, the allowance shall be increased by 40%.

Article 35 - Allowance payable to the survivors of a deceased insured person

Solely in the case of temporary staff affiliated to CEMSIS, any dependants shall be paid the allowance that would have been payable by the French social security scheme if the staff member had been affiliated thereto, under the same conditions as provided for by that scheme.

PART VI – FINAL PROVISIONS

Article 36 - Exceptions

1.       Where a beneficiary takes his/her own life, entitlement to the benefits from death and permanent total disability cover shall be acquired only if the death occurs after at least one year’s affiliation to the Organisation’s collective insurance scheme.

2.       In the event of a war involving France or any other country where the staff member is stationed, the entitlement to the benefits from death and permanent total disability cover shall be acquired only under conditions similar to those laid down by French legislation on life insurance in times of war. The consequences of acts of war, insofar as the beneficiary actively participated in them as a conscript or a volunteer, shall not be covered.

3.       The following exceptions shall be applicable solely to the cover in respect of permanent, partial disability (Part III) and long-term care (Part IV):

-      the consequences of illnesses or accidents, as defined in Article 1 above, caused deliberately and intentionally by the insured person or persons entitled through him/her;

-      the consequences of professional participation in any sports event or competition;

-      the consequences of any sports activity practised in clear breach of safety rules laid down by the public authorities and in such a way that the beneficiary could not have been unaware of the risk;

-      the consequences of insurrections, riots or protest movements, bomb attacks or attempted bomb attacks, and civil or other wars, no matter where these events occur and no matter who is involved, unless the beneficiary takes no active part in them or unless he/she is required to perform maintenance or surveillance tasks with a view to protecting individuals and property on behalf of the Organisation;

-      the consequences of taking part in a duel, a serious crime, an intentional offence or a fight, unless while engaging in lawful self-defence or coming to the assistance of a person in danger;

-      the consequences of an insured person’s holding, possessing or manipulating, at the location of the accident, either military equipment or unauthorised weapons.

The consequences of aircraft accidents shall not be covered, except where the insured is on board an aircraft officially certified as airworthy and flown by a pilot in possession of a current pilot’s licence. The pilot may be the insured person himself/herself, provided that he/she has complied with current regulations. Competitions, wagers, races, aerobatics, records or record attempts or preparatory tests, acceptance flights, gliding, and parachute jumps, other than those rendered necessary by an aircraft’s critical condition, shall not be covered.

Article 37 - Entry into force

1.       This Rule repeals Rule No. 1332 of 25 May 2011 on benefits in the event of death, permanent and total disability, partial disability or long-term care, as amended by Rule No. 1367 of 4 March 2014.

2.       This Rule shall enter into force on 1 January 2017.

Article 38 - Non-implemented designations

Designations not implemented as at 25 May 2011 which are contrary to the provisions of this Rule shall be without effect, except those guaranteeing debts due to bona fide third parties.

Strasbourg, 20 December 2016

The Secretary General

Thorbjørn JAGLAND