OpenLegislation

Article 79

Original text. Later amendments are not shown.

The F1surviving spouse of an official or of a former official shall be entitled in the manner provided in chapter 4 of Annex VIII to a survivor's pension equal to F260 % of the retirement or disability pension which was paid to the deceased, or which, irrespective of length of service F3or of age, would have been payable to him if he had qualified for it at the time of his death.

The amount of the survivor's pension payable to the surviving spouse of an official who has died while in one of the administrative statuses specified in Article 35, F4F5with the exception of leave on personal grounds for the period during which, pursuant to Article 40 (3), no pension rights have been acquired, shall be neither less than the minimum subsistence rate nor less than F635 % of the last basic salary received by the official.

This amount shall not be less than 42 % of the final basic salary received by the official where death is due to one of the circumstances set out in the fifth paragraph of Article 78.

Annotations

Textual amendments

F1

Substituted by Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities.

F2

Substituted by Regulation No 5/64/Euratom of the Council of 10 November 1964 amending the Staff Regulations of Officials of the European Atomic Energy Community.

F3

Inserted by Council Regulation (ECSC, EEC, Euratom) No 2799/85 of 27 September 1985 amending the Staff Regulations of officials and the conditions of employment of other servants of the European Communities.

F4

Deleted by Council Regulation (ECSC, EEC, Euratom) No 2799/85 of 27 September 1985 amending the Staff Regulations of officials and the conditions of employment of other servants of the European Communities.

F5

Substituted by Council Regulation (Euratom, ECSC, EEC) No 912/78 of 2 May 1978 amending the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the European Communities.

F6

Substituted by Regulation (Euratom, ECSC, EEC) No 1473/72 of the Council of 30 June 1972 amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities.

Notes on Attachment

Textual amendments

F1

Substituted by Regulation (EU, Euratom) No 1080/2010 of the European Parliament and of the Council of 24 November 2010 amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities.