CELEX: 31973Y0919(09)
Language: en
Date: 1973-02-22 00:00:00
Title: Decision No 81 of 22 February 1973 concerning aggregation of insurance periods completed in a given occupation in application of Article 45 (2) of Regulation (EEC) No 1408/71

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31973Y0919(09)

Decision No 81 of 22 February 1973 concerning aggregation of insurance periods completed in a given occupation in application of Article 45 (2) of Regulation (EEC) No 1408/71  

Official Journal C 075 , 19/09/1973 P. 0011 - 0012 Spanish special edition: Chapter 05 Volume 2 P. 0014  Portuguese special edition Chapter 05 Volume 2 P. 0014 

DECISION No 81  of 22 February 1973  concerning aggregation of insurance periods completed in a given occupation in application of Article 45 (2) of Regulation (EEC) No 1408/71  THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS;  Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all administrative questions arising from the provisions of Regulations (EEC) Nos 1408/71 and 574/72;  Whereas Decision No 51 published in the Official Journal of the European Communities No 53 of 28 March 1964 has been rendered unvalid by the entry into force of Regulations (EEC) Nos 1408/71 and 574/72, but, taking into account the provisions of the said Regulations, there are grounds for adopting a new decision specifying in which cases investigations must be carried out to ascertain whether the same occupation is involved for the application of Article 45 (2) first sentence of Regulation (EEC) No 1408/71;  Whereas Article 45 (2) of Regulation (EEC) No 1408/71 stipulates that in cases where the legislation of one of the Member States makes the award of certain benefits conditional upon the completion of the insurance periods in a specific occupation, the only insurance periods aggregated shall be those completed in the same employment under the legislations of the other Member States;  Whereas whenever the same employment in which insurance periods have been completed under the legislation of another Member State receives special treatment under the legislation of that State and is in consequence defined by that legislation, it is advisable both in the interest of the insured person and of that of the institution undertaking the determination of his entitlement, not to prolong the procedure by investigations about the said employment;  Whereas, for instance, when underground work in a mine is defined by the legislation of one Member State, the insurance periods completed in that work under that legislation must be regarded as insurance periods completed in underground work in a mine in relation to the legislation of other Member States and must be aggregated for  eligibility for benefits the award of which is made conditional upon the insurance periods having been completed in such work, without carrying out investigations;  HAS DECIDED:      1. With a view to acceptance for eligibility for benefits the award of which is conditional, under the legislation of a Member State, on the insurance periods having been completed in a specific employment, insurance periods completed in the same employment under the legislation of another Member State shall be aggregated as determined according to the legislation of that State. Investigations shall be carried out only when the said employment is not defined by that legislation. 2.This Decision shall be published in the Official Journal of the European Communities. It shall apply to the six Founder Member States as from 1 October 1972 and, in accordance with the Treaty of Accession, as from 1 April 1973 to the three new Member States.      The President of the Administrative Commission  J. DONIS