Keywords

Summary



Keywords

1. Social security for migrant workers - Community rules - Persons covered - Retired civil servant receiving a pension from a Member State other than the one in which he resides - Subjection in State of residence to laws relating to Regulation No 1408/71 - Whether covered - Freedom of movement for workers - Regulation No 1612/68 not applicable

(Council Regulations Nos 1612/68 and 1408/71)

2. Social security for migrant workers - Sickness insurance - Persons entitled to a pension under the legislation of a Member State other than the country of residence - Right to benefits in kind in country of residence - Expression nor is any pension payable in Article 28a of Regulation No 1408/71 - Scope

(Council Regulation No 1408/71, Art. 28a)

3. Social security for migrant workers - Sickness insurance - Contributions payable by pensioners - Levying by the State of residence of contributions to cover benefits with purpose similar to that of benefits for which the Member State paying the pension has assumed responsibility - Not permissible

(Council Regulation No 1408/71, Art. 33)

4. Social security for migrant workers - Sickness insurance - Pensions payable under the legislation of a Member State other than the country of residence - Right to benefits in kind in country of residence - Contributions which may be required from pensioners - States concerned reciprocally waiving reimbursement of the costs of benefits in kind - No effect

(Council Regulation No 1408/71, Arts 28a, 33(2) and 36(3))

Summary

1. Regulation No 1408/71, as amended and updated by Regulation No 2001/83, as last amended at the material time by Regulation No 3096/95, applies to a person who, at the time when the Regulation entered into force in a Member State:

- was resident in that State but was not carrying on an occupational activity and was receiving a pension there from another Member State in his capacity as a retired civil servant,

- while being subject in his State of residence to laws relating to the branches of social security referred to in the Regulation.

However, Regulation No 1612/68 on freedom of movement for workers within the Community does not apply in principle to a person who has moved his place of residence from one Member State, in which he had ceased to be in employment, to another Member State, in which he is not employed and is not seeking employment.

( see para. 35 and operative part 1 )

2. The expression nor is any pension payable in Article 28a of Regulation No 1408/71, as amended and updated by Regulation No 2001/83, as amended by Regulation No 3096/95, must be interpreted as applying to a situation in which neither a pension based on residence nor a pension based on gainful employment and payable under the legislation of the Member State in which the person concerned is resident is actually paid to that person, without its being necessary to ascertain whether he might hypothetically be entitled thereto.

( see para. 50 and operative part 2 )

3. The general principle resulting from Regulation No 1408/71, as amended and updated by Regulation No 2001/83, as amended by Regulation No 3096/95, and applied by Article 33 of that Regulation, according to which a person entitled to a pension cannot, by reason of his residence in the territory of a Member State, be called upon to pay compulsory insurance contributions to cover benefits for which an institution of another Member State has assumed responsibility, precludes the Member State in whose territory he resides from requiring him to pay contributions or similar payments prescribed by its legislation to cover old-age, invalidity and unemployment benefits, where he is entitled to benefits having a similar purpose, for which the institution of the Member State competent in respect of pensions assumes responsibility.

( see para. 57 and operative part 3 )

4. The fact that the Republic of Finland and the Kingdom of Sweden have waived, under Article 36(3) of Regulation No 1408/71, as amended and updated by Regulation No 2001/83, as amended by Regulation No 3096/95, and Article 23 of the Nordic Convention on Social Security of 15 June 1992 (106/93), all reimbursement of the costs of benefits in kind provided by an institution in one of the Member States on behalf of an institution of another Member State is of no consequence for the purposes of interpreting (i) Article 28a of the regulation concerning pensions under the legislation of one or more Member States other than the country of residence and a right to benefits in kind in the country of residence and (ii) Article 33(2) of the regulation relating to the contributions which may be required from pensioners.

( see para. 64 and operative part 4 )