Decision No 139

of 30 June 1989

concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 107 of Regulation (EEC) No 574/72 to be applied when calculating certain benefits and contributions

(90/C 94/03)

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,

Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, self-employed persons, and members of their families moving within the Community, under which it is made responsible for dealing with all administrative questions and questions of interpretation arising from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72,

Having regard to Articles 12 (2), (3) and (4); 14d (1); 19 (1) (b), last sentence; 22 (1) (ii), last sentence; 25 (1) (b), penultimate sentence; 41 (1) (c) and (d); 46 (3) and (4); 50; 51 (2); 52 (b), last sentence; 55 (1) (ii), last sentence; 70 (1), first subparagraph; and 71 (1) (b) (ii) of Regulation (EEC) No 1408/71 and Articles 34 (1) and 107 of Regulation (EEC) No 574/72,

Whereas Decision No 101 of 29 May 1975 should be extended to the conversion of the wage or salary of persons working in a Member State while subject to the legislation of another Member State,

Whereas, taking into account the provisions of the said Regulations, there are grounds for adopting a new Decision concerning the date to be taken into consideration for determining the rates of conversion to be applied when calculating certain benefits and contributions,

HAS DECIDED AS FOLLOWS:

1. For the purposes of Articles 12 (2), (3) and (4); 41 (1) (c) and (d)(; 46 (3) and (4); 50 and 51 (2) of Regulation (EEC) No 1408/71, the date to be taken into consideration for determining the rate of conversion shall be that from which these provisions must be applied in respect of the person concerned.

2. For the purposes of Article 14d (1) of Regulation (EEC) No 1408/71, the competent institution shall apply the rate of conversion applicable during the month in which the wage, salary or income was received.

3. For the purposes of Articles 19 (1) (b), last sentence; 22 (1) (ii), last sentence; 25 (1) (b), penultimate sentence; 52 (b), last sentence; and 55 (1) (ii), last sentence, of Regulation (EEC) No 1408/71, the conversion of the amount to be paid or to be refunded to the person concerned shall be made the rate of conversion applicable for the month during which payment is authorized by the competent institution.

4. For the purposes of Article 70 (1), first subparagraph, and Article 71 (1) (b) (ii), penultimate sentence, of Regulation (EEC) No 1408/71, the conversion of the amount to be paid to the person concerned shall be made at the rate of conversion applicable in the course of the month in which the institution referred to in Article 70 (1), first subparagraph, of Regulation (EEC) No 1408/71 draws up the payment order for benefits.

5. This Decision which replaces Decision No 101 of 29 May 1975 shall be applicable from the first day of the month following its publication in the Official Journal of the European Communities.

The Chairman of the Administrative Commission

B. Díez Rodríguez

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