Notwithstanding the provisions of Articles II 5.04 and II 5.05, the total amount of the pension for surviving spouse shall not exceed:

a) the final basic salary of the deceased member;

b) the total monthly benefits paid by the Fund to the deceased beneficiary;

c) the maintenance payment due, pursuant to the support agreement in force, from the deceased to the divorced spouse on the date of death or, if lower, the amount of maintenance actually being paid.

Article II 5.03 Duration of the Pension for Surviving Spouse

The pension for surviving spouse shall commence:

a) on the day following the day of the death of the member;

b) on the first day of the month following that of the death of the beneficiary.

It shall cease on the last day of the month of the death of its beneficiary, or on the day of the latter's remarriage; in this latter case the beneficiary shall receive a sum equal to three times the annual amount of the pension at the date of remarriage.

a) The allowances provided for in Section 7 of the Rules of the Fund are calculated in accordance with the bases for calculation of the retirement pension specified in Article II 2.02. In the case of an anticipated retirement pension, they shall be subject to the same reduction factor as the pension as specified in Article II 2.05.

a) A married beneficiary of a retirement or disability pension shall be entitled to a family allowance.

b) An unmarried beneficiary of a retirement or disability pension shall be entitled to a family allowance only if he is in receipt of a child allowance.

c) A beneficiary of a retirement or disability pension shall be entitled to an allowance for each dependent child.

d) Notwithstanding the above, family and child allowances shall not be payable under the circumstances defined in Articles II 5.01, II 5.09 and II 6.09 respectively.

Article II 5.05 Amount of the Pension for the Surviving Spouse of a Beneficiary

The pension for the surviving spouse of a beneficiary shall be equal to 55% of the pension of the deceased excluding allowances, without application of the factor specified in Article II 2.05 if the beneficiary was in receipt of an anticipated retirement pension.

Article II 5.04 Amount of the Pension for the Surviving Spouse of a Member

  Subject to the provisions of Article II 1.13 the pension for the surviving spouse of a member shall be equal to 1.1% of the final reference salary of the deceased member based on the years of membership he would have accumulated if he had remained a member up to the applicable retirement age, subject to the applicable maximum period of membership specified in Article II 2.02.

Article II 5.01 Entitlement to Pension for Surviving Spouse

The following shall be entitled to a pension for surviving spouse:

    a) the spouse of a deceased member whose marriage dates from at least one year prior to the decease. This condition of duration of the marriage shall not apply if the decease resulted from an occupational accident, or occupational illness, or if the survivor has at least one dependent child at the time of decease;

Article II 2.01 Entitlement to Retirement Pension
 

A member who leaves the Fund with at least five years of service, for a reason other than death or total disability, shall be entitled to a retirement pension. The retirement pension may take the form of:

    a) a retirement pension at the applicable retirement age; or

    b) a deferred retirement pension; or

    c) an anticipated retirement pension.

Article II 1.01 Retirement Age

The retirement age shall be as follows:

    a) for members who joined the Fund on or before 31 December 2011, 65 years;

    b) for members who joined the Fund on or after 1 January 2012, 67 years.

Where the CERN or ESO Staff Rules and Regulations permit extension of a staff member’s contract beyond the retirement age, the reference to retirement age in the present Rules and Regulations shall mean the member’s age on expiry of the contract extension.

 

Article II 1.11 Entitlement to Transfer Value

a) Where a member has less than five years of service upon termination of membership for a reason other than death or total disability, a transfer value shall be paid into another pension scheme or to the member himself or, at his request, the amount held by the Fund for a maximum period of one year. The member has one year to inform the Fund of his selection, failing which he shall be deemed to have chosen to have the transfer value paid to him.