TO PERIODS OF INSURANCE ' ' .
8 IT SHOULD BE OBSERVED AT THE OUTSET THAT THE ANSWER TO THE QUESTION REFERRED TO THE COURT MUST BE SOUGHT FIRST IN THE LIGHT OF THE PROVISIONS AND THE PURPOSE OF ARTICLE 46 ( 2 ) OF THE REGULATION QUOTED WHICH GOVERNS THE CALCULATION OF THE BENEFITS IN QUESTION . IF IT EMERGES THAT TAKING THE SUPPLEMENTARY PERIOD INTO ACCOUNT AT SOME STAGE IN THE CALCULATION PROVIDED FOR BY ARTICLE 46 ( 2 ) RUNS COUNTER TO THE SCHEME OF THAT PROVISION , THAT PERIOD MUST BE LEFT ASIDE AND ITS EXCLUSION MAY NOT BE CALLED IN QUESTION BY INVOKING ARTICLE 1 ( R ) OF THE SAID REGULATION .
9 THE CALCULATION OF THE BENEFITS REFERRED TO IN ARTICLE 46 ( 2 ) CAN BE BROKEN DOWN INTO TWO STAGES . AT THE FIRST STAGE REFERRED TO IN SUBPARAGRAPH ( A ) OF THAT PROVISION , WHERE A WORKER HAS BEEN SUBJECT TO THE LEGISLATION OF A MEMBER STATE , THE COMPETENT INSTITUTION OF THAT MEMBER STATE MUST FIRST CALCULATE THE THEORETICAL AMOUNT OF THE BENEFIT WHICH THE PERSON CONCERNED COULD CLAIM IF ALL THE PERIODS OF INSURANCE COMPLETED UNDER THE LEGISLATIONS OF THE MEMBER STATES CONCERNED HAD BEEN COMPLETED IN THE STATE IN QUESTION AND UNDER THE LEGISLATION ADMINISTERED BY IT . AT THE SECOND STAGE REFERRED TO IN SUBPARAGRAPH ( B ) OF THE SAME PROVISION , THE INSTITUTION THEN ESTABLISHES THE ACTUAL AMOUNT OF THE BENEFIT FOR WHICH IT IS RESPONSIBLE ON THE BASIS OF THE THEORETICAL AMOUNT REFERRED TO IN THE PRECEDING SUBPARAGRAPH AND IN THE RATIO WHICH THE LENGTH OF THE PERIODS OF INSURANCE COMPLETED BEFORE THE RISK MATERIALIZES UNDER THE LEGISLATION ADMINISTERED BY THAT INSTITUTION BEARS TO THE TOTAL LENGTH OF THE PERIODS OF INSURANCE COMPLETED UNDER THE LEGISLATIONS OF ALL THE MEMBER STATES CONCERNED BEFORE THE RISK MATERIALIZED .
10 AS REGARDS THE THEORETICAL AMOUNT , THE EXPRESS EFFECT OF ARTICLE 46 ( 2 ) ( A ) IS THAT IT MUST BE CALCULATED AS IF THE INSURED PERSON HAD CARRIED OUT HIS OCCUPATIONAL ACTIVITY EXCLUSIVELY IN THE MEMBER STATE IN QUESTION . IT FOLLOWS THAT IF , IN ORDER TO EVALUATE THE BENEFIT AWARDED IN THE EVENT OF PREMATURE INVALIDITY OR DEATH OF THE INSURED PERSON , THE LEGISLATION OF THAT STATE PROVIDES THAT THE BENEFIT MUST BE CALCULATED IN RELATION TO NOT ONLY PERIODS OF INSURANCE COMPLETED BY THE INSURED PERSON BUT ALSO IN RELATION TO A SUPPLEMENTARY PERIOD EQUIVALENT TO THE INTERVAL OF TIME BETWEEN THE AGE OF THE INSURED PERSON AT THE TIME AT WHICH THE RISK MATERIALIZED AND THE TIME AT WHICH HE REACHED THE AGE OF 55 , THAT SUPPLEMENTARY PERIOD MUST ALSO BE TAKEN INTO ACCOUNT IN THE CALCULATION OF THE THEORETICAL AMOUNT REFERRED TO IN SUBPARAGRAPH ( A ).
11 SUCH A PERIOD , WHICH IS INTENDED TO ENSURE THAT THE LEVEL OF BENEFITS IS CALCULATED AS IF AN INSURED PERSON WAS AT LEAST 55 YEARS