{
  "url": "https://openlegislation.uk/eu-regulation-1962-31/article-42c",
  "json_url": "https://openlegislation.uk/eu-regulation-1962-31/article-42c.json",
  "legislation": "eur/1962/31",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-1962-31",
  "path": "article/42c",
  "kind": "article",
  "number": "42c",
  "heading": null,
  "text": "At the earliest five years before the official's pensionable age, an official with at least ten years of service may be placed by decision of the appointing authority on leave in the interests of the service for organisational needs linked to the acquisition of new competences within the institutions.\nThe total number of officials placed on leave in the interests of the service each year shall not be higher than 5 % of the officials in all institutions who retired the previous year. The total number thus calculated shall be allocated to each institution according to their respective numbers of officials at 31 December of the preceding year. The result of such allocation shall be rounded up to the nearest whole number in each institution.\nSuch leave shall not constitute a disciplinary measure.\nThe duration of the leave shall correspond in principle to the period until the official reaches pensionable age. However, in exceptional situations, the appointing authority may decide to put an end to the leave and reinstate the official.\nWhen the official placed on leave in the interests of the service reaches pensionable age, he shall automatically be retired.\nLeave in the interests of the service shall be governed by the following rules:\n(a)another official may be appointed to the post occupied by the official;\n(b)an official on leave in the interests of the service shall not be entitled to advancement to a higher step or promotion in grade.\nAn official thus placed on leave shall receive an allowance calculated in accordance with Annex IV.\nAt the official's request, the allowance shall be subject to contributions to the pension scheme, calculated on the basis of that allowance. In such a case, the period of service as an official on leave in the interests of the service shall be taken into account for the purpose of calculating years of pensionable service within the meaning of Article 2 of Annex VIII.\nThe allowance shall not be subject to a correction coefficient.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Inserted by Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/1962/31/article/42c",
    "retrieved_at": "2026-11-01T15:12:00.570864+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}