# Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community, Article 41


1. An official with non-active status is one who has become supernumerary by reason of reduction in the number of posts in his institution.
2. Reductions in the number of posts in a particular grade shall be decided by the appropriate budgetary authority under the budgetary procedure.
The appointing authority shall, after consulting the Joint Committee, decide what types of posts are to be affected by such measures.
The appointing authority shall draw up a list of the officials to be affected by such measures, after consulting the Joint Committee, taking into account the officials' ability, efficiency, conduct in the service, family circumstances and seniority. Any official occupying one of the posts referred to in the preceding subparagraph who expresses the wish to be assigned non-active status shall automatically be entered on this list.
Officials whose names appear on this list shall be declared to have non-active status by decision of the appointing authority.
3. While possessing this status an official shall cease to perform his duties and to enjoy his rights to remuneration or advancement to a higher step, but shall continue, for a period not exceeding five years, to accumulate rights to retirement pension based on the salary carried by his grade and step.
For a period of two years from the date of being assigned non-active status an official shall have priority for reinstatement in any post in his function group corresponding to his grade which may fall vacant or be created, provided that he has the necessary qualifications.
An official placed on non-active status shall receive an allowance calculated in accordance with Annex IV.
Income received by the official from any new employment during this period shall be deducted from the allowance provided for in the preceding subparagraph in that income and the allowance together exceed the total remuneration last received by the official, calculated by reference to the table of salaries applicable on the first day of the month for which the allowance is to be paid.
The official shall furnish such written proof as may be required and inform the institution of any facts liable to affect his entitlement.
No correction coefficient shall be applicable to the allowance.
However, the allowance and the total remuneration last received, as referred to in the fourth subparagraph of this Article, shall be subject to the weighting referred to in point (a) of Article 3(5) of Annex XI, at the rate fixed for the Member State where the recipient proves he has his residence, provided that Member State was the recipient's last place of employment. In such cases, if the currency of the Member State is not the euro, this allowance is calculated on the basis of the exchange rates provided for in Article 63 of these Staff Regulations.
4. At the end of the period of entitlement to the allowance the official shall be required to resign. He shall, where appropriate, receive a retirement pension as provided in the pension scheme.
5. An official who before expiry of the two-year period specified in paragraph 3 has been offered a post corresponding to his grade and has declined it without good reason may, after the Joint Committee has been consulted, be deprived of the benefit of the foregoing provisions and be required to resign.

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Source: https://www.legislation.gov.uk/eur/1962/31/article/41 (the official version)
Page: https://openlegislation.uk/eu-regulation-1962-31/article-41
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.