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At its meeting on 13-14 September 2006, the Social Questions Working Party held a new discussion
on the Annex XI relevant entries to Title III, chapter IV, of the above-mentioned proposal on the
basis of a Presidency's proposal (DS 604/06) and of document 5672/06.
In the light of the discussions, the Presidency undertook to suggest changes to the text of these
Articles as set out in the Annex. Any new text appears in bold, deletions are indicated by [....].
Delegations' scrutiny reservations appear in footnotes.
The Working Party also held a preliminary exchange of views on a note by the Austrian delegation
(DS 569/06), regarding the inclusion of a new provision in Article 51 (3) of the basic Regulation.
ES, FR, LU and CION took a positive stance on this proposal. DE, FI, NL and UK entered scrutiny
reservations. ES undertook to reflect on possible amendments to this proposal in cooperation with
AT, DE, NL and Cion.
In parallel to these discussions, the Working Party also held a new discussion on Articles 43 to 53
of the Commission Proposal for a Regulation laying down the procedure for implementing Council
Regulation (EC) No 883/2004 on the coordination of social security systems. The outcome of these
discussions is set out in doc. 12830/06.
__________________
ANNEX
ANNEX
The Annexes to Regulation (EC) No 883/2004 are amended as follows:
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1.(pm Commission proposal)
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2.(pm Commission proposal)
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3.Annex XI is replaced by the following:
"ANNEX XI
SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF
THE MEMBER STATES
(Articles 51(3), 56(1) and 83)
(p m: Commission text)
C. DENMARK
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2.(a) For the purpose of calculating the pension under the lov om social pension (Social Pension Act), periods of activity as an employed or self-employed person
1
completed under Danish legislation by a frontier worker or a worker who has gone to Denmark to do work of a seasonal nature are regarded as periods
1
Amendment suggested by DK and agreed by the Working Party.
of residence completed in Denmark by the surviving spouse insofar as, during
those periods, the surviving spouse was linked to the above-mentioned worker by
marriage without separation from bed and board or de facto separation on grounds
of incompatibility and provided that during those periods the spouse resided in the
territory of another Member State.
For the purposes of this paragraph, "work of a seasonal nature" means work
which, being dependent on the succession of the seasons, automatically recurs
each year.
(b) For the purpose of calculating the pension under the lov om social pension (Social Pension Act), periods of activity as an employed or self-employed person
completed under Danish legislation before 1 January 1984 by a person to whom
paragraph 2(a) does not apply shall be regarded as periods of residence completed
in Denmark by the surviving spouse, insofar as, during those periods, the
surviving spouse was linked to the person by marriage without separation from
bed and board or de facto separation on grounds of incompatibility, and provided
that, during those periods, the spouse resided in the territory of another Member
State.
(c) Periods to be taken into account under the terms of (a) and (b) shall not be taken into consideration if they coincide with the periods taken into account for the
calculation of the pension due to the person concerned under the legislation on
compulsory insurance of another Member State or with the periods during which
the person concerned received a pension under such legislation. These periods
shall, however, be taken into consideration if the annual amount of the said
pension is less than half the basic amount of the social pension.
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3.(a) Notwithstanding the provisions of Article 6, persons who have not been gainfully employed in one or more Member States are entitled to a Danish social pension
only if they have been, or have previously been, permanent residents of Denmark
for at least three years, subject to the age limits prescribed by Danish legislation.
Subject to Article 4, Article 7 does not apply to a Danish social pension to which
entitlement has been acquired by such persons.
(b) The above-mentioned provisions do not apply to Danish social pension entitlement for the family members of persons who are or have been gainfully
employed in Denmark, or for students or the members of their families.
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5.Where the beneficiary of a Danish social pension is also entitled to a survivor's pension from another Member State, these pensions for the implementation of Danish legislation
shall be regarded as benefits of the same kind within the meaning of Article 53(1),
subject to the condition, however, that the person whose periods of insurance or of
residence serve as the basis for the calculation of the survivor's pension had also
acquired a right to a Danish social pension.
D.GERMANY
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5.The pauschale Anrechnungszeit (fixed credit period) pursuant to Article 253 of the Sozialgesetzbuch VI (Volume VI of the Social Code) shall be determined exclusively
with reference to German periods.
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6.In cases where the German pension legislation, in force on 31 December 1991, is applicable for the recalculation of a pension, only the German legislation [...] applies
2
for the purposes of crediting German Ersatzzeiten (substitute [...] periods).
7.(new) The German legislation on accidents at work and occupational diseases to be
compensated for under the law governing foreign pensions and for benefits for
insurance periods which can be credited under the law governing foreign pensions
in the territories named in paragraph 1(2)(3) of the Act on affairs of displaced
persons and refugees (Bundesvertriebenengesetz) continues to apply within the
scope of application of this Regulation notwithstanding the provisions of
3
paragraph 2 of the Act on foreign pensions (Fremdrentengesetz).
2
Amendments suggested by DE (DS 552/06) and agreed by the Working Party 3
New entry suggested by DE (DS 460/06 ADD 1) and agreed by the Working Party.
G. SPAIN
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1.In all Spanish social security schemes, with the exception of the scheme for civil servants, the armed forces and the judicial administration, a person who is no
longer insured under Spanish legislation shall be deemed still to be insured, when the
risk materialises, for the purposes of Chapter 5 of Title III of this Regulation, if he is
insured under the legislation of another Member State at the time of materialisation of
the risk or, failing that, in the case where a benefit is due for the same risk in pursuance
of the legislation of another Member State. The latter condition shall be deemed to have
been fulfilled, however, in the case referred to in Article 57(1).
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2.For the purposes of implementing Article 52(1)(b)(i) of the Regulation, the years which the worker lacks to reach the pensionable or compulsory retirement age as stipulated
under Article 31(4) of the consolidated version of the Ley de Clases Pasivas del Estado
(Law on State Pensioners) shall be taken into account as actual years of service to the
State only if at the time of the event in respect of which invalidity or death pensions are
due, the beneficiary was covered by Spain's special scheme for civil servants or was
performing an activity assimilated under the scheme, or if, at the time of the event in
respect of which the pensions are due, the beneficiary was performing an activity that
would have required the person concerned to be included under the State's special
scheme for civil servants, the armed forces or the judiciary, had the activity been
4
performed in Spain.
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3.(a) Under Article 56(1)(c), the calculation of the theoretical Spanish benefit shall be carried out on the basis of the actual contributions of the person during the years
immediately preceding payment of the last contribution to Spanish social security.
Where, in the calculation of the basic amount for the pension, periods of insurance
and/or residence under the legislation of other Member States have to be taken
into account, the contribution basis in Spain which is closest in time to the
reference periods shall be used for the aforementioned periods, taking into
account the development of the retail price index.
4
Linguistic reservation by the Spanish delegation. It was agreed that the Spanish version of this text should be taken from DS 454/06.
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3.(b) The amount of the pension obtained shall be increased by the amount of the increases and revaluations calculated for each subsequent year for pensions of the
same nature.
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4.Periods completed in other Member States which must be calculated in the special scheme for civil servants, the armed forces and the judicial administration, will be
treated in the same way, for the purposes of Article 56 of the Regulation, as the periods
closest in time covered as a civil servant in Spain.
5
H. FRANCE
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2.French legislation applicable to a person engaged, or formerly engaged, in an activity as an employed or self-employed person for the application of Chapter 5 of Title III of the
Regulation includes both the basic old-age insurance scheme(s) and the supplementary
retirement scheme(s) to which the person concerned was subject.
I. IRELAND
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2.Where Article 46 applies, if the person concerned suffers incapacity for work leading to invalidity while subject to the legislation of another Member State, Ireland shall, for the
purposes of Section 118(1)(a) of the Social Welfare Consolidation Act 2005, take
account of any periods during which, in respect of the invalidity that followed that
6
incapacity for work, he would have been regarded as being incapable of work under Irish legislation.
5
FR stressed that the French version of this entry should be as set out in DS 114/06. 6
Amended suggested by IE (DS 624/06) and agreed by the Working Party.
7
Q. NETHERLANDS
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2.Application of the Algemene Ouderdomswet (AOW) (Netherlands legislation on general old-age insurance)
(a) The reduction referred to in Article 13(1) of the Algemene Ouderdomswet (AOW) (Netherlands legislation on general old-age insurance) shall not be applied for
calendar years before 1 January 1957 during which a recipient not satisfying the
conditions for having such years treated as periods of insurance:
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-resided in the Netherlands between the ages of 15 and 65, or
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-while residing in another Member State, worked in the Netherlands for an employer established in the Netherlands, or
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-worked in another Member State during periods regarded as periods of insurance under the Netherlands social security system.
By way of derogation from Article 7 of the AOW, anyone who resided or worked
in the Netherlands in accordance with the above conditions only prior to
1 January 1957 shall also be regarded as being entitled to a pension.
(b) The reduction referred to in Article 13(1) of the AOW shall not apply to calendar years prior to 2 August 1989 during which, between the ages of 15 and 65, a
person who is or was married was not insured under the above legislation, whilst
being resident in the territory of a Member State other than the Netherlands, if
these calendar years coincide with periods of insurance completed by the person's
spouse under that legislation or with calendar years to be taken into account under
paragraph 2(a), provided that the couple's marriage subsisted during that time.
By way of derogation from Article 7 of the AOW, such person shall be regarded
as entitled to a pension.
7
NL indicated that it would suggest an improved and streamlined text for points 2 and 3 as soon as possible for examination by the Working Party. With regard to point 4, NL indicated that one of the mentioned acts had been repealed and that it would propose a new text for the entry.
(c) The reduction referred to in Article 13(2) of the AOW shall not apply to calendar years before 1 January 1957 during which a pensioner's spouse who fails to satisfy
the conditions for having such years treated as periods of insurance:
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-resided in the Netherlands between the ages of 15 and 65, or
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-while residing in another Member State, worked in the Netherlands for an employer established in the Netherlands, or
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-worked in another Member State during periods regarded as periods of insurance under the Netherlands social security system.
(d) The reduction referred to in Article 13(2) of the AOW shall not apply to calendar years prior to 2 August 1989 during which, between the ages of 15 and 65, a
pensioner's spouse resident in a Member State other than the Netherlands was not
insured under the above legislation, if those calendar years coincide with periods
of insurance completed by the pensioner under that legislation or with calendar
years to be taken into account under paragraph 2(a), provided that the couple's
marriage subsisted during that time.
(e) Paragraphs 2(a), 2(b), 2(c) and 2(d) shall not apply to periods which coincide with:
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-periods which may be taken into account for calculating pension rights under the old-age insurance legislation of a Member State other than the
Netherlands, or
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-periods for which the person concerned has drawn an old-age pension under such legislation.
Periods of voluntary insurance under the system of another Member State shall
not be taken into account for the purposes of this provision.
(f) Paragraphs 2(a), 2(b), 2(c) and 2(d) shall apply only if the person concerned has resided in one or more Member States for six years after the age of 59 and only
for such time as that person is resident in one of those Member States.
(g) By way of derogation from Chapter IV of the AOW, anyone resident in a Member State other than the Netherlands whose spouse is covered by compulsory
insurance under that legislation shall be authorised to take out voluntary insurance
under that legislation for periods during which the spouse is compulsorily insured.
This authorisation shall not cease where the spouse's compulsory insurance is
terminated as a result of his death and where the survivor receives only a pension
under the Algemene nabestaandenwet (Netherlands legislation on general law for
surviving dependants).
In any event, the authorisation in respect of voluntary insurance ceases on the date
on which the person reaches the age of 65.
The contribution to be paid for voluntary insurance shall be set in accordance with
the provisions relating to the determination of the contribution for voluntary
insurance under the AOW. However, if the voluntary insurance follows on from a
period of insurance as referred to in paragraph 2(b), the contribution shall be set in
accordance with the provisions relating to the determination of the contribution
for compulsory insurance under the AOW, with the income to be taken into
account being deemed to have been received in the Netherlands.
(h) The authorisation referred to in paragraph 2(g) shall not be granted to anyone insured under another Member State's legislation on pensions or survivors'
benefits.
(i) Anyone wishing to take out voluntary insurance under paragraph 2(g) shall be required to apply for it to the Social Insurance Bank (Sociale Verzekeringsbank)
not later than one year after the date on which the conditions for participation are
fulfilled.
(j) For the purposes of Article 52(1)(b), only periods of insurance completed under the AOW after the age of 15 shall be taken into account as periods of insurance.
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3.Application of the Algemene nabestaandenwet (ANW) (Netherlands general law on insurance for surviving dependants)
(a) A person who has been compulsorily insured under the Algemene nabestaandenwet (ANW) (Netherlands general law on insurance for surviving
dependants) shall be deemed, for the purposes of Chapter 5 of Title III, to be
insured under that legislation at the time when the risk materialises, if that person
is insured under the legislation of another Member State for the same risk or,
failing that, in the case where a survivor's pension is due under the legislation of
another Member State. The latter condition shall be deemed to have been fulfilled,
however, in the case referred to in Article 57(1).
(b) Where the surviving spouse is entitled to a survivor's pension under the ANW pursuant to paragraph 3(a), that pension shall be calculated in accordance with
Article 52(1)(b).
For the application of these provisions, periods of insurance prior to
1 October 1959 shall also be regarded as periods of insurance completed under
Netherlands legislation if during those periods the insured person, after the age
of 15:
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-resided in the Netherlands, or
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-while resident in another Member State, worked in the Netherlands for an employer established in the Netherlands, or
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-worked in another Member State during periods regarded as periods of insurance under the Netherlands social security system.
(c) Account shall not be taken of the periods to be taken into consideration under paragraph 3(b) which coincide with periods of compulsory insurance completed
under the legislation of another Member State in respect of survivor's pensions.
(d) For the purposes of Article 52(1)(b), only periods of insurance completed under Netherlands legislation after the age of 15 shall be taken into account as periods of
insurance.
(e) By way of derogation from Article 63a(1) of the ANW, a person resident in a Member State other than the Netherlands whose spouse is compulsorily insured
under the ANW shall be authorised to take out voluntary insurance under that
legislation, provided that such insurance has already begun by [date of Regulation
883/04 becoming applicable], but only for periods during which the spouse is
compulsorily insured. This authorisation shall cease as from the date of
termination of the spouse's compulsory insurance under the ANW, unless the
spouse's compulsory insurance is terminated as a result of his death and where the
survivor only receives a pension under the ANW.
In any event, the authorisation in respect of voluntary insurance ceases on the date
on which the person reaches the age of 65.
The contribution to be paid for voluntary insurance shall be set in accordance with
the provisions relating to the determination of contributions for voluntary
insurance under the ANW. However, if the voluntary insurance follows on from a
period of insurance as referred to in paragraph 2(b), the contribution shall be set in
accordance with the provisions relating to the determination of contributions for
compulsory insurance under the ANW, with the income to be taken into account
being deemed to have been received in the Netherlands.
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4.Application of Netherlands legislation relating to incapacity for work
(a) A person who is no longer insured under the Algemene
Arbeidsongeschiktheidswet (AAW) (General Act on Incapacity for Work), the
Wet arbeidsongeschiktheidsverzekering zelfstandigen (WAZ) (Self-Employed
Persons Act on Incapacity for Work) and/or the Wet op de
arbeidsongeschiktheidsverzekering (WAO) (Act on Incapacity for Work) or the
Wet Werk en inkomen naar arbeidsvermogen (WIA) (Work and Income
according to labour capacity Act) shall be deemed, for the purposes of Chapter 5
of Title III, to be still insured at the time then the risk materialises, if that person is
insured for the same risk under the legislation of another Member State or, failing
that, is entitled to a benefit under the legislation of another Member State for the
same risk. The latter condition shall, however, be deemed to be fulfilled in the
case referred to in Article 57 (1).
(b) If, pursuant to paragraph 4 (a), the person concerned is entitled to a Netherlands
invalidity benefit, the amount referred to in Article 52 (1) (b) for calculating that
benefit shall be determined:
(i) where, prior to the occurrence of incapacity for work, the person last exercised an activity as an employed person within the meaning of Article
1(a):
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-in accordance with the provisions laid down in the WAO if the incapacity for work occurred before 1 January 2004 or
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-in accordance with the provisions laid down in the WIA if the incapacity for work occurred on or after 1 January 2004.
(ii) where, prior to the occurrence of the incapacity for work, the person
concerned last exercised an activity as a self-employed person within the
meaning of Article 1 (b), in accordance with the provisions laid down in the
WAZ.
(c) In calculating benefits under either the WAO, WIA or the WAZ, the Netherlands
institutions shall take account of:
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-periods of paid employment and periods treated as such, completed in the Netherlands before 1 July 1967;
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-periods of insurance completed under the WAO;
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-periods of insurance completed by the person concerned, after the age of 15, under the AAW, insofar as these do not coincide with the periods of
insurance completed under the WAO;
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-periods of insurance completed under the WAZ;
-
-periods of insurance completed under the WIA.
R.AUSTRIA
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1.For the purpose of acquiring periods in the pension insurance, attendance at a school or comparable educational establishment in another Member State shall be
regarded as equivalent to attendance at a school or educational establishment pursuant
to Articles 227(1)(1) and 228(1)(3) of the Allgemeines Sozialversicherungsgesetz
(ASVG) (general social security act), Article 116(7) of the Gewerbliches
Sozialversicherungsgesetz (GSVG) (Federal Act on Social Insurance for Persons
engaged in Trade and Commerce) and Article 107(7) of the Bauern-
Sozialversicherungsgesetz (BSVG) (social security act for farmers), when the person
concerned was subject at some time to Austrian legislation on the grounds that he
pursued an activity as an employed or self-employed person, and the special
contributions provided for under Article 227(3) of the ASVG, Article 116(9) of the
GSVG and Article 107(9) of the BSGV for the purchase of such periods of
8
education, are paid.
8
Changes suggested by AT (DS 553/06) and agreed by the Working Party.
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2.(deleted)
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3.For the calculation of the pro rata benefit referred to in Article 52(1)(b), special increments for contributions for supplementary insurance and the miner's supplementary
benefit under Austrian legislation shall be disregarded. In these cases the pro rata
benefit calculated without those contributions shall, if appropriate, be increased by
unreduced special increments for contributions for supplementary insurance and the
miner's supplementary benefit.
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4.Where pursuant to Article 6 substitute periods under an Austrian pension insurance scheme have been completed, but these cannot form a basis for calculation pursuant to
Articles 238 and 239 of the Allgemeines Sozialversicherungsgesetz (ASVG) (general
social security act), Articles 122 and 123 of the Gewerbliches Sozialversicherungsgesetz
(GSVG) (Federal Act on Social Insurance for Persons engaged in Trade and Commerce)
and Articles 113 and 114 of the Bauern-Sozialversicherungsgesetz (BSVG) (social
security act for farmers), the calculation basis for periods of childcare pursuant to
Article 239 of the ASVG, Article 123 of the GSVG and Article 114 of the BSVG shall
be used.
9
-
5.(deleted) .
W.FINLAND
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1.A person who is no longer insured under the National Pensions scheme is regarded, when applying the provisions of Chapter 5 of Title III of this Regulation, as retaining
the status of an insured person if, when the risk materialises, he or she is insured for the
same risk under the legislation of another Member State or, failing that, is entitled to a
benefit for the same risk under the legislation of another Member State. The latter
condition shall, however, be deemed to be fulfilled in the case referred to in
Article 57(1).
9
See doc. 7772/06 page 8.
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2.For the purposes of determining entitlement and of calculating the amount of the Finnish national pension under Articles 52 to 54, pensions acquired under the legislation
of another Member State are treated in the same way as pensions acquired under Finnish
10
legislation.
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3.When applying Article 52(1)(b)(i) for the purpose of calculating of earnings for the credited period under Finnish legislation on earnings-related pensions, where an
individual has pension insurance periods based on activity as an employed or self-
employed person in another Member State for part of the reference period under Finnish
legislation, the earnings for the credited period shall be equivalent to the sum of
earnings obtained during the part of the reference period in Finland divided by the
number of months for which there were insurance periods in Finland during the
11
reference period.
X.SWEDEN
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2.The provisions of this Regulation on the aggregation of insurance periods and periods of residence shall not apply to the transitional provisions in the Swedish legislation on
entitlement to guarantee pension for persons born in or before 1937 who have been
resident in Sweden for a specified period before applying for a pension (Act 2000:798).
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3.For the purpose of calculating notional income-related sickness compensation and income-related activity compensation in accordance with Chapter 8 of the Lag
(1962:381) om allmän försäkrings (the National Insurance Act), the following shall
apply:
(a) where the insured person, during the reference period, has also been subject to the legislation of one or more other Member States on account of activity as an
employed or self-employed person, income in the Member State(s) concerned
shall be deemed to be equivalent to the insured person's average gross income in
Sweden during the part of the reference period in Sweden, calculated by dividing
10
The text was agreed by the Working Party. 11
It was agreed that this paragraph would be discussed at the next meeting.
the earnings in Sweden by the number of years over which those earnings
accrued;
(b) where the benefits are calculated pursuant to Article 46 and persons are not insured in Sweden, the reference period shall be determined in accordance with
Chapter 8, paragraphs 2 and 8 of the abovementioned Act as if the person
concerned were insured in Sweden. If the person concerned has no pension-
generating income during this period under the Act on income-based old-age
pension (1998:674), the reference period shall be permitted to run from the earlier
point in time when the insured person had income from gainful activity in
Sweden.
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4.a) For the purpose of calculating notional pension asset for income-based survivor's pension (Act 2000:461), if the requirement in Swedish legislation for pension
entitlement in respect of at least three out of the five calendar years immediately
preceding the insured person's death (reference period) is not met, account shall
also be taken of insurance periods completed in other Member States as if they
had been completed in Sweden. Insurance periods in other Member States shall be
regarded as based on the average Swedish pension base. If the person concerned
has only one year in Sweden with a pension base, each insurance period in another
12
Member State shall be regarded as constituting the same amount.
-
b)For the purpose of calculating notional pension credits for widow's pensions relating to deaths on or after 1 January 2003, if the requirement in Swedish
legislation for pension credits in respect of at least two out of the four years
immediately preceding the insured person's death (reference period) is not met
and insurance periods were completed in another Member State during the
reference period, those years shall be regarded as being based on the same pension
credits as the Swedish year.
12
Text aligned on the relevant entry in doc. 6310/06 (text of the Council's general approach on miscellaneous amendments 2005 to Regulation 1408/71).
Y. UNITED KINGDOM
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1.Where, in accordance with United Kingdom legislation, a person may be entitled to a retirement pension if:
(a) the contributions of a former spouse are taken into account as if they were that person's own contributions; or
(b) the relevant contribution conditions are satisfied by that person's spouse or former spouse, then provided, in each case, that the spouse or former spouse is or had
been exercising an activity as an employed or self-employed person, and had been
subject to the legislation of two or more Member States, the provisions of Chapter
5 of Title III of this Regulation shall apply in order to determine entitlement under
United Kingdom legislation. In this case, references in the said Chapter 5 to
"periods of insurance" shall be construed as references to periods of insurance
completed by:
(i) a spouse or former spouse where a claim is made by:
-
-a married woman; or
-
-a person whose marriage has terminated otherwise than by the death of the spouse, or
(ii) a former spouse, where a claim is made by:
-
-a widower who immediately before pensionable age is not entitled to widowed parent's allowance; or
-
-a widow who immediately before pensionable age is not entitled to widowed mother's allowance, widowed parent's allowance or
widow's pension, or who is only entitled to an age-related widow's
pension calculated pursuant to Article 52(1)(b), and for this purpose
"age-related widow's pension" means a widow's pension payable at a
reduced rate in accordance with section 39(4) of the Social Security
Contributions and Benefits Act 1992.
-
4.Where Article 46 applies, if the person concerned suffers incapacity for work leading to invalidity while subject to the legislation of another Member State, the United Kingdom
shall, for the purposes of Section 30A (5) of the Social Security Contributions and
Benefits Act 1992, take account of any periods during which the person concerned has
received, in respect of that incapacity for work:
(i) cash sickness benefits or wages or salary in lieu thereof, or
(ii) benefits within the meaning of Chapters 4 and 5 of Title III granted in respect of
the invalidity which followed that incapacity for work, under the legislation of the
other Member State, as though they were periods of short-term incapacity benefit
paid in accordance with Sections 30A (1)-(4) of the Social Security Contributions
and Benefits Act 1992.
In applying this provision, account shall only be taken of periods during which the
person would have been incapable of work within the meaning of United Kingdom
13
legislation.
-
5.(1) For the purpose of calculating an earnings factor in order to determine entitlement to benefits under United Kingdom legislation, for each week of activity as an
employed person under the legislation of another Member State, and which
commenced during the relevant income tax year within the meaning of United
Kingdom legislation, the person concerned shall be deemed to have paid
contributions as an employed earner, or have earnings on which contributions
have been paid, on the basis of earnings equivalent to two-thirds of that year's
upper earnings limit.
13
Changes suggested by UK and agreed by the Working Party.
(2) For the purposes of Article 52(1)(b)(ii), where:
(a) in any income tax year starting on or after 6 April 1975, a person carrying out activity as an employed person has completed periods of insurance,
employment or residence exclusively in a Member State other than the
United Kingdom, and the application of paragraph 6(1) above results in that
year being counted as a qualifying year within the meaning of United
Kingdom legislation for the purposes of Article 52(1)(b)(i), he shall be
deemed to have been insured for 52 weeks in that year in that other
Member State;
(b) any income tax year starting on or after 6 April 1975 does not count as a qualifying year within the meaning of United Kingdom legislation for the
purposes of Article 52(1)(b)(i), any periods of insurance, employment or
residence completed in that year shall be disregarded.
(3) For the purpose of converting an earnings factor into periods of insurance, the earnings factor achieved in the relevant income tax year within the meaning of
United Kingdom legislation shall be divided by that year's lower earnings limit.
The result shall be expressed as a whole number, any remaining fraction being
ignored. The figure so calculated shall be treated as representing the number of
weeks of insurance completed under United Kingdom legislation during that year
provided that such figure shall not exceed the number of weeks during which in
that year the person was subject to that legislation."
_________________
- 24 jan '06Coördinatie van socialezekerheidsstelsels: bijlage XI
- 24 jan '06COM(2006)7 - Wijziging van Verordening (EG) nr. 883/2004 betreffende de coördinatie van de socialezekerheidsstelsels, en tot vaststelling van de inhoud van bijlage XI
- 21 dec '98COM(1998)779; - Coördinatie van de socialezekerheidsstelsels
-
Toepassing van de sociale zekerheidsregelingen op loontrekkende en hun gezinnen, die zich binnen de EG verplaatsen
