Keywords

Summary



Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - OVERLAPPING - RIGHT ACQUIRED BY VIRTUE OF NATIONAL LEGISLATION ALONE - APPLICABILITY OF NATIONAL RULES AGAINST OVERLAPPING - LIMITS - COMMUNITY RULES MORE FAVOURABLE TO THE WORKER

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 12 ( 2 ) AND ART . 46 )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES AGAINST OVERLAPPING - INAPPLICABILITY TO RECIPIENTS OF BENEFITS OF THE SAME KIND AWARDED IN ACCORDANCE WITH THE PROVISIONS OF REGULATION ( EEC ) NO 1408/71 - INVALIDITY BENEFITS CONVERTED INTO AN OLD-AGE PENSION AND INVALIDITY BENEFITS NOT CONVERTED - ASSIMILATION TO BENEFITS OF THE SAME KIND

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 12 ( 2 ) AND CHAPTER 3 )

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - BENEFITS - NATIONAL RULES AGAINST OVERLAPPING - INAPPLICABILITY TO RECIPIENTS OF BENEFITS OF THE SAME KIND AWARDED IN ACCORDANCE WITH THE PROVISIONS OF REGULATION ( EEC ) NO 1408/71 - CALCULATION OF THE AMOUNT REFERRED TO IN ARTICLE 46 ( 1 ) - TAKING ACCOUNT OF A PENSION DUE UNDER THE LEGISLATION OF ANOTHER MEMBER STATE - NOT PERMISSIBLE

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 12 ( 2 ) AND ART . 46 ( 1 ))

4 . SOCIAL SECURITY FOR MIGRANT WORKERS - AGGREGATION AND APPORTIONMENT - COMMUNITY RULES - APPLICATION OF NATIONAL RULES LESS FAVOURABLE TO THE WORKER - NOT PERMISSIBLE

( REGULATION ( EEC ) NO 574/72 OF THE COUNCIL , ARTS 15 AND 46 )

Summary

1 . SO LONG AS A WORKER IS RECEIVING A PENSION BY VIRTUE OF NATIONAL LEGISLATION ALONE , THE PROVISIONS OF REGULATION ( EEC ) NO 1408/71 DO NOT PREVENT THE NATIONAL LEGISLATION , INCLUDING THE NATIONAL RULES AGAINST THE OVERLAPPING OF BENEFITS , FROM BEING APPLIED TO HIM IN ITS ENTIRETY , PROVIDED THAT IF THE APPLICATION OF SUCH NATIONAL LEGISLATION PROVES LESS FAVOURABLE TO THE WORKER THAN THE APPLICATION OF THE RULES LAID DOWN BY ARTICLE 46 OF REGULATION ( EEC ) NO 1408/71 THE PROVISIONS OF THAT ARTICLE MUST BE APPLIED .

2 . WHERE A WORKER IS IN RECEIPT OF INVALIDITY BENEFITS CONVERTED INTO AN OLD-AGE PENSION BY VIRTUE OF THE LEGISLATION OF A MEMBER STATE AND OF INVALIDITY BENEFITS NOT YET CONVERTED INTO AN OLD-AGE PENSION UNDER THE LEGISLATION OF ANOTHER MEMBER STATE , THE OLD-AGE PENSION AND THE INVALIDITY BENEFITS ARE TO BE REGARDED AS BEING OF THE SAME KIND . CONSEQUENTLY , THE PROVISIONS OF CHAPTER 3 OF REGULATION ( EEC ) NO 1408/71 ARE APPLICABLE AND , BY VIRTUE OF THE LAST SENTENCE OF ARTICLE 12 ( 2 ) OF THE REGULATION , THE APPLICATION OF NATIONAL RULES AGAINST OVERLAPPING IS PRECLUDED .

3 . WHERE A WORKER IS IN RECEIPT OF BENEFITS OF THE SAME KIND IN RESPECT OF INVALIDITY OR OLD AGE WHICH ARE AWARDED BY THE INSTITUTION OF TWO OR MORE MEMBER STATES IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 46 OF REGULATION ( EEC ) NO 1408/71 , THE NATIONAL LEGISLATIVE PROVISIONS FOR REDUCTION , SUSPENSION OR WITHDRAWAL DO NOT APPLY . IT FOLLOWS THAT THE AMOUNT REFERRED TO IN ARTICLE 46 ( 1 ) IS THE AMOUNT TO WHICH THE WORKER WOULD BE ENTITLED UNDER NATIONAL LEGISLATION IF HE WERE NOT IN RECEIPT OF A PENSION BY VIRTUE OF THE LEGISLATION OF ANOTHER MEMBER STATE . IF UNDER THE NATIONAL LEGISLATION A WORKER WHO IS ABLE TO ESTABLISH A CERTAIN NUMBER OF YEARS OF INSURANCE IS ENTITLED TO A FULL PENSION , IT IS THE AMOUNT OF THAT FULL PENSION WHICH MUST BE TAKEN INTO ACCOUNT .

4 . IT IS NOT PERMISSIBLE FOR THE INSTITUTION OF A MEMBER STATE TO APPLY NATIONAL RULES FOR THE AGGREGATION AND APPORTIONMENT OF PERIODS OF INSURANCE WHICH ARE LESS FAVOURABLE TO THE WORKER THAN THOSE CONTAINED IN REGULATION ( EEC ) NO 574/72 .