Opinion of 22 November 2007 on a notification for prior checking on the procedure for early retirement without reduction of pension rights (Case 2007-575)
In accordance with Article 9(2) of Annex VIII of the Staff Regulations and Article 39 of the Conditions of Employment of Other Servants, each year a limited number of officials and temporary agents are allowed to retire before the pensionable age without reduction of pension rights. The OHIM Administrative Decision n° ADM- 07-21 establishes the provisions implementing a scheme for early retirement without reduction of pension rights.
At the request of the Appointing Authority (AA), the Human Resources Department shall invite interested parties to apply for early retirement with effect during the course of the period of the year specified in the call for applications. Applicants will fill in a standard application form designed for the purpose of the procedure. To be eligible, the official or temporary agent must fulfil, on the date specified in the call for applications, certain criteria set out in the Administrative decision. The Human Resources Department shall verify the compliance with the eligibility criteria and draw up a list of eligible candidates and forward it to the Management Committee.
Bearing in mind the interests of the service and on the basis of certain specific criteria, the Management Committee shall draw up a preliminary draft list of applicants that it proposes should benefit from the scheme; listing the applicants by order of priority. Upon proposal of the Management Committee and on the basis of criteria established above, the Appointing Authority (AA) shall draw up a list of applicants that it proposes should benefit from the scheme, listing applicants by order of priority. A list will also be drawn up of the reserve candidates also classed in order of priority. Applicants in the reserve list will be informed in writing of any decision concerning them.
The EDPS issued an opinion on the processing of personal data in this procedure in which he concluded that there is no reason to believe that the processing of personal data in the procedure for early retirement at OHIM presents a breach of the provisions of Regulation 45/2001 provided certain recommendations are taken into account notably that OHIM reassesses the conservation period for applications; that OHIM justifies the necessity of keeping data relating to selected candidates available via the intranet for a period of 5 years and that access to the decisions of the Management Committee should be granted to data subjects regarding data relating to them subject to certain limitations based on Article 20§1(c).
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