98/442/EC: Decision No 167 of 2 December 1997 of the Administrative Commission of the European Communities on Social Security for Migrant Workers amending Decision No 146 of 10 October 1990 concerning the interpretation of Article 94(9) of Regulation (EEC) No 1408/71 (Text with EEA relevance)
Date: 1997-12-02
Institutions: Administrative Commission on Social Security for Migrant Workers, European Commission
Subjects: migrant worker, social security, social-security benefit, termination of employment

11. 7. 98

‹

EN

‹

Official Journal of the European Communities

L 195/35

DECISION No 167

of 2 December 1997

amending Decision No 146 of 10 October 1990 concerning the interpretation of
Article 94(9) of Regulation (EEC) No 1408/71

(Text with EEA relevance)

(98/442/EC)

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

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

Having regard to Council Regulation (EEC) No 3427/89 of 30 October 1989 which intro-
duces a uniform solution for all the Member States to the problem of the payment of
family benefits to members of the family not residing in the territory of the competent
State,

Having regard to Article 94(9) of Regulation (EEC) No 1408/71, as amended by Regula-
tion (EEC) No 3427/89, which provides that the family allowances received by employed
persons employed in France in respect of the members of their families residing in
another Member State on the date of 15 November 1989 shall continue to be paid at the
rates, within the limits and according to the procedures applicable on that date, as long as
their amount exceeds that of the benefits that would be due as from the date of 16
November 1989 and as long as the persons concerned are subject to French legislation,
without taking account inter alia of interruptions during periods of receipt of unemploy-
ment benefits,

Whereas the wording of the second subparagraph of paragraph 1(c) of Decision No 146 (1)
adds to the conditions laid down in Article 94(9) of Regulation (EEC) No 1408/71 in
respect of not taking account of periods of unemployment; whereas it refers to unemploy-
ment benefits under French legislation;

Whereas this restriction, which is not consistent with the provisions of Regulation (EEC)
No 1408/71, should be removed;

Acting in accordance with the conditions laid down in Article 80(3) of Regulation (EEC)
No 1408/71,

HAS DECIDED AS FOLLOWS:

1. The second subparagraph of paragraph 1(c) of Decision No 146 of 10 October 1990
concerning the interpretation of Article 94(9) of Regulation (EEC) No 1408/71 shall be
replaced as follows:

‘With regard to the condition, laid down in Article 94(9), of the person concerned
remaining subject to French legislation, no account shall be taken of interruptions of
work of less than one month or of periods of temporary suspension of work due to

(1) OJ L 235, 23. 8. 1991, p. 9.

L 195/36

‹

EN

‹

Official Journal of the European Communities

11. 7. 98

illness, maternity, accident at work, occupational disease or unemployment, with the
continued receipt of pay or receipt of corresponding benefits, except for pensions and
annuities or because of paid leave, a strike or a lock out’.

2. This Decision shall be applicable from 1 September 1991.

Georges SCHROEDER

The Chairman of the Administrative
Commission