WRITTEN QUESTION No. 1837/97 by Winfried MENRAD to the Commission. Special social security schemes in the public service
Date: 1997-05-28
Institutions: European Parliament, MENRAD
Subjects: EU Member State, civil servant, civil service, competence of the Member States, pension scheme, social security













EUR-Lex - 91997E1837 - EN






Avis juridique important




|



91997E1837

WRITTEN QUESTION No. 1837/97 by Winfried MENRAD to the Commission. Special social security schemes in the public service  


Official Journal C 021 , 22/01/1998 P. 0103 





WRITTEN QUESTION E-1837/97 by Winfried Menrad (PPE) to the Commission (28 May 1997)Subject: Special social security schemes in the public serviceIn connection with the right of free movement, an extension of the provisions for coordination under Regulation 1408/71 ((OJ L 149, 5.7.1971, p. 2.)) on compulsorily insured employed and self-employed persons to other groups and social security systems is imminent. One question now being discussed is how the special public-service schemes are to be included in the Regulation (see, for instance, the proceedings before the European Court of Justice).Can the Commission indicate:1. Which EU Member States have special social-security schemes for public-service employees (officials' pensions)?2. Which of those states seek to protect the special schemes for officials or other pensioners by means of 'pension reserves'?3. When it expects the pensions of persons in public service to be included in the coordination system under Regulation 1408/71?Answer given by Mr Flynn on behalf of the Commission (8 July 1997)1. The social security systems of the Member States are coordinated by Council Regulations (EEC) No 1408/71 and No 574/72 ((Amended and updated by Regulation No 118/97 (OJ L 28, 30.1.1997). )). It must be noted, however, that the regulations aim only to coordinate and not to harmonize the national social security schemes. Member States are free to decide how to organize and how to finance their different social security systems.2. A study recently carried out by the European institute of public administration ((Civil Service in the Europe of the Fifteen, Maastricht 1996. )) shows that most Member States pay civil servants' pensions from their own state budget. In the Netherlands the special scheme is financed through a special pension fund and in some Member States pensions are paid partly from the dedicated part of the state budget and partly with money taken from a special pension fund (Portugal and Sweden).3. The Commission submitted a proposal in 1992 to extend the material scope of Regulation (EEC) No 1408/71 to the special schemes for civil servants ((OJ C 46, 20.2.1992. )). It has not yet achieved the unanimity required within the Council.On 22 November 1995 the Court of Justice ruled that the existing lack of coordination of special schemes was an obstacle to free movement which should be overcome by a Council decision. In this, the Council is free to depart in some respect from the mechanisms currently provided by Regulation (EEC) No 1408/71 in order to take into account the specifics of the special schemes for civil servants ((Case C-443/93, VOUGIOUKAS, ECJ law report 1995, I-4033. )). The Council is still discussing the possible solutions.