2.

Application of the Algemene Ouderdomswet (AOW) (General Old Age Pensions Act) (a) The reduction referred to in Article 13(1) of the AOW (General Old Age Pensions Act) shall not be applied for calendar years before 1 January 1957 during which a recipient not satisfying the conditions for having such years treated as periods of insurance: — resided in the Netherlands between the ages of 15 and 65, — while residing in another State, worked in the Netherlands for an employer established in the Netherlands, or — worked in another State during periods regarded as periods of insurance under the Dutch social security system. By way of derogation from Article 7 of the AOW, anyone who resided or worked in the Netherlands in accordance with the above conditions only prior to 1 January 1957 shall also be regarded as being entitled to a pension. (b) The reduction referred to in Article 13(1) of the AOW shall not apply to calendar years prior to 2 August 1989 during which a person, between the ages of 15 and 65, who is or was married was not insured under the above legislation, while being resident in the territory of a State other than the Netherlands, if these calendar years coincide with periods of insurance completed by the person’s spouse under the above legislation or with calendar years to be taken into account under point 2(a), provided that the couple’s marriage subsisted during that time. By way of derogation from Article 7 of the AOW, such a person shall be regarded as being entitled to a pension. (c) The reduction referred to in Article 13(2) of the AOW shall not apply to calendar years before 1 January 1957 during which a pensioner’s spouse who fails to satisfy the conditions for having such years treated as periods of insurance: — resided in the Netherlands between the ages of 15 and 65, or — while residing in another State, worked in the Netherlands for an employer established in the Netherlands, or — worked in another State during periods regarded as periods of insurance under the Netherlands social security system. (d) The reduction referred to in Article 13(2) of the AOW shall not apply to calendar years prior to 2 August 1989 during which a pensioner’s spouse resident in a State other than the Netherlands, between the ages of 15 and 65, was not insured under the AOW, if those calendar years coincide with periods of insurance completed by the pensioner under that legislation or with calendar years to be taken into account under point 2(a), provided that the couple’s marriage subsisted during that time. (e) Points 2(a), 2(b), 2(c) and 2(d) shall not apply to periods which coincide with: — periods which may be taken into account for calculating pension rights under the old-age insurance legislation of a State other than the Netherlands, or — periods for which the person concerned has drawn an old-age pension under such legislation. Periods of voluntary insurance under the system of another State shall not be taken into account for the purposes of this point. (f) Points 2(a), 2(b), 2(c) and 2(d) shall apply only if the person concerned has resided in one or more States for 6 years after the age of 59 and only for such time as that person is resident in one of those States. (g) By way of derogation from Chapter IV of the AOW, anyone resident in a State other than the Netherlands whose spouse is covered by compulsory insurance under that legislation shall be authorised to take out voluntary insurance under that legislation for periods during which the spouse is compulsorily insured. This authorisation shall not cease where the spouse’s compulsory insurance is terminated as a result of their death and where the survivor receives only a pension under the Algemene nabestaandenwet (General Surviving Relatives Act). In any event, the authorisation in respect of voluntary insurance ceases on the date on which the person reaches the age of 65. The contribution to be paid for voluntary insurance shall be set in accordance with the provisions relating to the determination of the contribution for voluntary insurance under the AOW. However, if the voluntary insurance follows on from a period of insurance as referred to in point 2(b), the contribution shall be set in accordance with the provisions relating to the determination of the contribution for compulsory insurance under the AOW, with the income to be taken into account being deemed to have been received in the Netherlands. (h) The authorisation referred to in point 2(g) shall not be granted to anyone insured under another State’s legislation on pensions or survivors’ benefits. (i) Anyone wishing to take out voluntary insurance under point 2(g) shall be required to apply for it to the Social Insurance Bank (Sociale Verzekeringsbank) not later than 1 year after the date on which the conditions for participation are fulfilled.