Key Benefits:
Entry into force for Switzerland on 1 Er April 2012 (State 1 Er January 2015)
Original text
The European Parliament and the Council of the European Union
Having regard to the Treaty establishing the European Community, and in particular its art. 42 and 308,
Having regard to the Commission proposal, submitted after consultation with the social partners and the Administrative Commission for the Social Security of Migrant Workers 3 ,
Having regard to the opinion of the European Economic and Social Committee 4 ,
Acting in accordance with the procedure referred to in Art. 251 of the treaty 5 ,
Whereas:
For the purposes of this Regulation:
1. This Regulation shall apply to nationals of one of the Member States, stateless persons and refugees residing in a Member State who are or have been subject to the legislation of one or more Member States, as well as to members of their Family and their survivors.
2. In addition, this Regulation shall apply to survivors of persons who have been subject to the legislation of one or more Member States, irrespective of the nationality of such persons, where their survivors are nationals of the Member States or stateless persons or refugees residing in one of the Member States.
1. This Regulation shall apply to all laws relating to social security branches which concern:
2. Except as otherwise provided in Annex XI, this Regulation shall apply to general and special social security schemes, whether or not subject to contributions, and to schemes relating to the obligations of the employer or the shipowner.
3. These Regulations also apply to special non-contributory cash benefits referred to in s. 70.
4. However, the provisions of Title III of this Regulation shall not prejudice the laws of the Member States relating to the obligations of the shipowner.
5. This Regulation shall not apply to:
Unless otherwise provided in this Regulation, the persons to whom this Regulation applies shall enjoy the same benefits and are subject to the same obligations under the law of any Member State as the Nationals of the latter.
Unless otherwise provided in this Regulation and taking into account the specific implementing provisions, the following provisions shall apply:
Unless otherwise provided in this Regulation, the competent institution of a Member State whose legislation provides for:
To the performance of periods of insurance, employment, self-employment or residence takes into account, to the extent necessary, periods of insurance, employment, self-employment or residence completed under the legislation of all Other Member State, as if it were periods completed under the legislation it applies.
Unless otherwise provided in this Regulation, cash benefits payable under the legislation of one or more Member States or this Regulation shall not be subject to any reduction, modification, suspension, Removal or confiscation of the fact that the beneficiary or members of his family reside in a Member State other than the one in which the debtor institution is located.
1. In its scope of application, this Regulation replaces any social security agreement applicable between the Member States. However, certain provisions of social security conventions concluded by the Member States before the date of application of this Regulation shall remain applicable, provided that they are more favourable to beneficiaries or if they are Derive from specific historical circumstances and have a limited effect over time. To be maintained in force, these provisions must be included in Annex II. It will also be specified if, for objective reasons, it is not possible to extend some of these provisions to all persons to whom this Regulation applies.
2. Two or more Member States may conclude, if necessary, conventions based on the principles and spirit of this Regulation.
Member States shall notify the European Commission in writing of the declarations made in accordance with Art. 1, point (1), the laws and schemes referred to in Art. 3, the conventions referred to in s. 8, para. 2, the minimum benefits referred to in s. 58, and the absence of an insurance system referred to in s. 65 Bis , paras. 1, as well as substantive amendments. These notifications shall include the date on which this Regulation applies to the schemes specified by the Member States in their declarations.
2. Such notifications shall be addressed to the European Commission each year and shall be subject to the necessary publicity.
1 New content according to Art. 1 ch. 3 R (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012, in force for Switzerland since 1 Er Jan 2015 ( RO 2015 345 ).
This Regulation does not confer or maintain, unless otherwise disposed of, the right to benefit from several benefits of the same kind relating to the same period of compulsory insurance.
The persons to whom this Regulation applies shall be subject only to the legislation of a single Member State. This legislation shall be determined in accordance with this Title.
(2) For the purposes of this Title, persons to whom a cash benefit is served by reason of or as a result of the exercise of his or her employment or self-employed shall be regarded as carrying on that activity. This does not apply to invalidity, old-age or survivor's pensions, or to pensions for work-related accidents or occupational diseases, nor to sickness benefits in cash for unlimited duration care.
3. Subject to s. 12 to 16:
4. For the purposes of this Title, salaried or self-employed activity normally exercised on board a ship at sea flying the flag of a Member State shall be regarded as an activity carried on in that Member State. However, the person who is employed on board a ship flying the flag of a Member State who is remunerated for that activity by a business or a person having its registered office or domicile in another Member State is subject to the To the legislation of the latter Member State if it resides in that State. The undertaking or person paying the remuneration shall be deemed to be the employer for the purposes of that legislation.
5. 1 The activity of a flight crew member or cabin crew providing passenger or cargo transport services shall be considered to be an activity carried out in the Member State in which the duty station is located. It is defined in Annex III to Regulation (EEC) No O 3922/91.
1 Introduced by Art. 1 ch. 4 of R (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012, in force for Switzerland since 1 Er Jan 2015 ( RO 2015 345 ).
1. 1 A person who is employed in a Member State on behalf of an employer normally engaged in his or her activities, and that employer detaches to carry out work on his behalf in another Member State, shall remain subject to the Legislation of the first Member State, provided that the foreseeable duration of the work does not exceed twenty-four months and that the person is not sent to replace another person seconded.
2. The person who normally carries out a self-employed activity in a Member State and who leaves a similar activity in another Member State shall remain subject to the legislation of the first Member State, provided that the foreseeable duration of the activity This activity does not exceed twenty-four months.
1 New content according to Art. 1 ch. 5 R (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012, in force for Switzerland since 1 Er Jan 2015 ( RO 2015 345 ).
1. 1 A person who is normally employed in two or more Member States shall be subject to:
2. The person who normally carries out self-employment in two or more Member States is subject to:
3. The person who normally carries on an employed activity and a self-employed activity in different Member States is subject to the legislation of the Member State in which she is employed or, if such activity is carried out in the Member State concerned. Two or more Member States, to the legislation determined in accordance with paragraph 2. 1.
4. A person employed as an official in a Member State and who is employed and/or self-employed in one or more other Member States shall be subject to the legislation of the Member State responsible for the administration which employs him.
5. Persons subject to s. 1 to 4 shall be treated, for the purposes of the legislation determined in accordance with those provisions, as if they carried out all their activities as salaried or self-employed and collected all their income in the Member State concerned.
1 New content according to Art. 1 ch. 6 of R (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012, in force for Switzerland since 1 Er Jan 2015 ( RO 2015 345 ).
1. Art. 11 to 13 shall not apply in respect of voluntary or optional insurance continued unless, for one of the branches referred to in Art. 3, para. 1, there is only a voluntary insurance scheme in a Member State.
2. When, under the legislation of a Member State, the person concerned is subject to compulsory insurance in that Member State, he may not be subjected in another Member State to a voluntary or optional insurance scheme continuing. In all other cases, where the choice between several voluntary or optional insurance schemes is offered for a given branch, the person concerned shall be admitted only to the scheme which it has chosen.
3. However, in respect of invalidity, old age and survivor benefits, the person concerned may be admitted to the voluntary or optional insurance of a Member State, even if he is compulsorily subject to the legislation of another State Member, since at some point in his active life, he has been subject to the legislation of the first Member State for the exercise of an employment or self-employed activity and to the extent that such cumulation is explicitly or implicitly admitted under the Legislation of the first Member State.
4. If the legislation of a Member State makes the right to voluntary or optional insurance continued to the residence of the beneficiary in that Member State or to the exercise of a previous activity as an employed or self-employed person, s. 5, let. (b) applies only to persons who, in the past, at any time, have been subject to the legislation of that Member State on the basis of the exercise of an employed or self-employed activity.
The contract agents of the European Communities may choose between the application of the legislation of the Member State in which they are occupied and the application of the legislation of the Member State to which they were last submitted or The Member State of which they are nationals, in respect of provisions other than those relating to family allowances paid under the scheme applicable to those agents. This right of option, which can only be exercised once, takes effect on the date of entry into service.
1. Two or more Member States, the competent authorities of those Member States or the bodies designated by those authorities may, in the interests of certain persons or categories of persons, provide for derogations from s. 11 to 15.
2. The person who receives a pension or pension under the legislation of one or more Member States and who resides in another Member State may be exempted, at his request, from the application of the legislation of that Member State, to Condition that it is not subject to this legislation by reason of the exercise of an employed or self-employed activity.
The insured person or members of his family residing in a Member State other than the competent Member State shall be entitled in the Member State of residence of the benefits in kind served on behalf of the competent institution by The institution of the place of residence, in accordance with the provisions of the legislation it applies, as if they were insured under that legislation.
1. A less than s. 2 provides otherwise, the insured person and the members of his or her family referred to in s. 17 may also receive benefits in kind during their stay in the competent Member State. Benefits in kind shall be paid by the competent institution and to its office, in accordance with the provisions of the legislation it applies, as if the persons concerned were resident in that Member State.
2. Members of the family of a frontier worker are entitled to benefits in kind during their stay in the competent Member State.
However, where that Member State is mentioned in Annex III, members of the family of a frontier worker residing in the same Member State as the frontier worker are entitled to benefits in kind in the competent Member State Only under the conditions laid down in Art. 19, para. 1.
1. A less than s. 2 provides otherwise, a insured person and members of his or her family who reside in a Member State other than the competent Member State may benefit from the benefits in kind that are medically necessary in the course of the Stay, taking into account the nature of the benefits and the expected duration of the stay. These benefits shall be paid on behalf of the competent institution, by the institution of the place of stay, in accordance with the provisions of the legislation which it applies, as if the persons concerned were insured under that legislation.
2. The Administrative Commission shall draw up a list of benefits in kind which, in order to be served during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution Providing care.
(1) Unless otherwise provided in this Regulation, an insured person travelling to another Member State for the purpose of receiving benefits in kind during his stay shall seek authorisation from the competent institution.
2. The insured person who is authorised by the competent institution to travel to another Member State for the purpose of receiving treatment adapted to his State shall be entitled to benefits in kind on behalf of the competent institution, by The institution of the place of stay, in accordance with the provisions of the legislation it applies, as if it were insured under that legislation. The authorisation shall be granted where the care provided for is among the benefits provided for in the legislation of the Member State in whose territory the person concerned resides and that such care cannot be provided to it within an acceptable period of time At the medical level, taking into account the current state of health and the likely development of the disease.
3. The s. 1 and 2 apply Mutatis mutandis Members of the insured person's family.
4. If the members of the family of the insured person reside in a Member State, other than the Member State in which the insured person resides, and that Member State has opted for the reimbursement on the basis of fixed amounts, the cost of the benefits in Nature referred to in s. 2 is supported by the institution of the place of residence of the members of the family. In this case, for the purposes of s. 1, the institution of the place of residence of the members of the family shall be regarded as the competent institution.
1. The insured person and the members of his family who reside or stay in a Member State other than the competent Member State shall be entitled to benefits in cash provided by the competent institution under the legislation it applies. In the context of an agreement between the competent institution and the institution of the place of residence or residence, such benefits may, however, be provided by the institution of the place of residence or residence on behalf of the competent institution According to the legislation of the competent Member State.
2. The competent institution of a Member State whose legislation provides that the calculation of cash benefits shall be based on average income or on an average contribution basis shall determine that average income or that average contribution base exclusively On the basis of the revenue recognized or the basis of assessment applied during the periods completed under that legislation.
3. The competent institution of a Member State whose legislation provides that the calculation of cash benefits shall be based on a flat-rate income shall take account exclusively of the flat-rate income or, where applicable, the average of the flat-rate income Corresponding to the periods completed under that legislation.
4. The s. 2 and 3 apply Mutatis mutandis Where the legislation which the competent institution applies defines a fixed reference period, which corresponds for all or part of the periods which the person concerned has completed under the legislation of another or several other Member States.
The insured person who, at the time of presentation or examination of an application for a pension, loses the right to benefits in kind under the legislation of the last competent Member State retains the right to benefits in kind according to the Legislation of the Member State in which it resides, provided that the applicant for a pension fulfils the conditions relating to the insurance provided for in the legislation of the Member State referred to in s. 2. Members of the family of the pension applicant are also entitled to benefits in kind in the Member State of residence.
2. Expenditure related to benefits in kind shall be borne by the institution of the Member State which, in the case of the grant of the pension, would become competent by application of the art. 23 to 25.
The person who receives a pension or pension under the legislation of two or more Member States, one of which is the Member State of residence, and who is entitled to benefits in kind under the legislation of that Member State, benefits, As well as members of his family, of such benefits in kind served by and on behalf of the institution of the place of residence, as if the person concerned was entitled to the pension only under the legislation of that Member State.
1. The person who receives a pension or pension under the legislation of one or more Member States and who does not receive benefits in kind under the legislation of the Member State of residence, however, is entitled to And for members of his or her family, to such benefits, provided that it is entitled under the legislation of the Member State or at least one of the Member States to which it is the responsibility of serving a pension, if it were resident in the Member State concerned. Benefits in kind are paid on behalf of the institution referred to in s. 2 by the institution of the place of residence, as if the person concerned had the pension and benefits in kind under the legislation of that Member State.
2. In the cases referred to in s. 1, the institution responsible for the provision of benefits in kind shall be determined according to the following rules:
Where a person who receives a pension or pension under the legislation of one or more Member States resides in a Member State according to the legislation of which the right to benefits in kind is not subject to conditions Of insurance, employment or self-employment, and according to the legislation of which no pension is paid by that Member State, the burden of benefits in kind which are paid to the person concerned and to the members of his family shall be the responsibility of the institution Determined in accordance with the provisions of s. 24, para. 2, situated in one of the Member States competent in respect of pensions, provided that the pension holder and the members of his family are entitled to those benefits if they resided in that Member State.
Members of the family of a person who receives a pension or pension under the legislation of one or more Member States are entitled, when they reside in a Member State other than the Member State in which the pension holder resides, Benefits in kind provided by the institution of their place of residence according to the legislation which it applies, provided that the pension holder is entitled to benefits in kind under the legislation of a Member State. The cost of these benefits shall be the responsibility of the competent institution responsible for the costs of benefits in kind served to the pension holder in the Member State in which he resides.
1. Art. 19 applies Mutatis mutandis To the person who receives a pension or pension under the legislation of one or more Member States, and who benefits from benefits in kind under the legislation of one of the Member States which serve a pension, or to members of his or her Family, when staying in a Member State other than the one in which they reside.
2. Art. 18, para. 1, applies Mutatis mutandis To persons referred to in s. 1 where they reside in the Member State in which the competent institution responsible for the cost of benefits in kind is located in its Member State of residence and where that Member State has opted for that solution and Appears in Annex IV.
3. Art. 20 applies Mutatis mutandis To a pensioner and/or members of his or her family who reside in a Member State other than the Member State in which they reside for the purpose of receiving treatment adapted to their State.
4. Less than s. 5 does not provide otherwise, the cost of benefits in kind referred to in s. 1 to 3 is the responsibility of the competent institution responsible for the cost of benefits in kind served to the pension holder in his or her Member State of residence.
5. The cost of benefits in kind referred to in s. 3 shall be borne by the institution of the place of residence of the pension holder or members of his family, if those persons are resident in a Member State which has opted for the reimbursement on the basis of fixed amounts. In such cases, for the purposes of s. 3, the institution of the place of residence of the pension holder or members of his or her family shall be regarded as the competent institution.
1. A frontier worker who has retired because of his age or because of a disability has the right, in the event of sickness, to continue to benefit from benefits in kind in the Member State in which he last exercised his activity Salaried or self-employed, to the extent that it is a matter of continuing a treatment begun in that Member State. "Continue treatment" means the detection, diagnosis and treatment of a disease to the end.
The first subparagraph shall apply, Mutatis mutandis , to the members of the family of the former frontier worker, unless the Member State in which the frontier worker has last carried out his activity is mentioned in Annex III.
2. A pensioner who has been employed as an employee or self-employed as a frontier worker for at least two years in the five years preceding the date of effect of his old age or invalidity pension is entitled to Benefits in kind in the Member State in which it has exercised as a frontier worker an employed or self-employed activity, if that Member State and the Member State in which the competent institution is located, to which the charges related to Benefits in kind provided to the pension holder in his Member State of residence have opted for this And both are listed in Annex V.
3. Le par. 2 applies Mutatis mutandis Members of the family of a former frontier worker or his survivors if they were entitled to benefits in kind under s. 18, para. 2, during the periods referred to in s. 2, even if the frontier worker has died before the start of his pension, provided that he has been employed as a frontier worker for two years in the five years preceding his death.
4. The s. 2 and 3 shall apply until the person concerned is subject to the legislation of a Member State on the basis of an employed or self-employed activity.
5. The provision of benefits in kind referred to in s. 1 to 3 is the responsibility of the competent institution responsible for the cost of benefits in kind served to the pensioner or his survivors in their respective Member State of residence.
1. Cash benefits are paid to the person who receives a pension or pension under the legislation of one or more Member States by the competent institution of the Member State in which the competent competent institution is located The cost of benefits in kind provided to the pension holder in his Member State of residence. Art. 21 applies Mutatis mutandis .
2. Le par. 1 also applies to members of the pension holder's family.
1. The institution of a Member State which applies legislation providing for deductions of contributions for the coverage of sickness, maternity and paternity benefits, cannot proceed to the appeal and recovery of such contributions, Calculated in accordance with the legislation it applies, only to the extent that expenditures related to benefits under s. 23 to 26 are in charge of an institution of the said Member State.
2. Where, in the cases referred to in s. 25, the pension holder must pay contributions, or where the corresponding amount is to be deducted, for the coverage of sickness, maternity and paternity benefits, according to the legislation of the Member State in which he The contributions cannot be recovered as a result of his or her place of residence.
Art. 23 to 30 are not applicable to the pension holder or members of his family when the person concerned is entitled to benefits under the legislation of a Member State on the basis of an employed or self-employed activity. In this case, the person concerned shall be governed, for the purposes of this Chapter, by s. 17 to 21.
1. A right to benefit in a self-contained nature arising from the legislation of a Member State or of this Chapter shall prevail over a secondary benefit entitlement granted to members of the family. On the other hand, a secondary benefit entitlement prevails over autonomous rights where the autonomous right in the Member State of residence derives directly and exclusively from the fact that the person concerned resides in that Member State.
(2) Where the members of the family of an insured person reside in a Member State according to the legislation of which the right to benefits in kind is not subject to conditions of insurance or of self-employed or self-employed persons, the Benefits in kind shall be paid on behalf of the competent institution of the Member State in which they reside, provided that the spouse or the person who has custody of the insured person's children carries on an employed or self-employed activity in the That Member State or collect a pension from that Member State on the basis of an employed or self-employed activity .
1. The insured person who has been granted the right to a prosthesis, a large apparatus or other benefits in kind, for himself or for a member of his family, by the institution of a Member State, before being insured Provided under the legislation applied by the institution of another Member State, benefits from those benefits to the first institution, even if they are granted even though that person is already insured under the legislation Applied by the second institution.
2. The Administrative Commission shall draw up a list of the benefits covered by s. 1.
1. Where a person benefiting from benefits in cash for long-term care, which is to be regarded as sickness benefits and is therefore paid by the Member State competent for the payment of cash benefits to the Title of s. 21 or 29, may at the same time and within the scope of this Chapter benefit from benefits in kind provided for the same care by the institution of the place of residence or residence of another Member State, and to be reimbursed by an institution Of the first Member State, pursuant to Art. 35, the general provision for non-accumulation of benefits under s. 10 applies only with the following restriction: if the person concerned requests and receives the benefits in kind to which it is entitled, the cash benefit is reduced by the amount of the provision in kind that is charged or may be To the competent institution of the first Member State to reimburse the costs.
2. The Administrative Commission shall draw up a list of the cash and in-kind benefits to which it applies. 1.
(3) Two or more Member States, or their competent authorities, may agree on other provisions or complementary provisions, which may, however, be less favourable to the person concerned than those of s. 1.
1. Benefits in kind provided by the institution of a Member State on behalf of the institution of another Member State, under this Chapter, give rise to full reimbursement.
2. Refunds referred to in s. 1 shall be determined and carried out in accordance with the rules laid down in the implementing regulation, either on the basis of evidence of actual expenditure, or on the basis of packages for Member States whose legal or administrative structures Inadequate reimbursement on the basis of actual costs.
2. Two or more Member States, and their competent authorities, may agree on other methods of reimbursement or waive any reimbursement between the institutions under their jurisdiction.
1. Without prejudice to provisions which are more favourable to s. 2 and 2 Bis In this section, s. 17, art. 18, para. 1, art. 19, para. 1, and art. 20, para. 1, also applies to workers' compensation benefits or occupational diseases.
2. The person who has been the victim of an accident at work or who has contracted a professional disease, and who resides or stays in a Member State other than the competent Member State, benefits from the special benefits of the scheme of the Accidents at work and occupational diseases paid, on behalf of the competent institution, by the institution of the place of residence or residence in accordance with the legislation which it applies, as if it were insured under this Legislation.
2 Bis . 1 The authorization provided for in s. 20, para. 1, may not be refused by the competent institution to a person who is the victim of an accident at work or a occupational disease and who is entitled to the benefit of that institution, where the treatment indicated cannot be In the territory of the Member State in which it resides within a medically acceptable time limit, taking into account its current state of health and the likely development of the disease.
3. Art. 21 also applies to the benefits covered by this Chapter.
1 New content according to Art. 1 ch. 7 R (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012, in force for Switzerland since 1 Er Jan 2015 ( RO 2015 345 ).
1. The competent institution of a Member State whose legislation provides for the care of the transport costs of the victim of an accident at work or occupational disease, either to his place of residence or to the establishment Shall take charge of such costs up to the relevant place in another Member State in which the victim resides, provided that the institution has prior agreement for such transport, taking due account of the elements which Justify. Such authorization is not required in the case of a frontier worker.
2. The competent institution of a Member State whose legislation provides for the cost of transporting the body of a person who has died as a result of an accident at work to the place of interment shall bear these costs up to the place of Corresponding in another Member State where the deceased was resident at the time of the accident, according to the legislation it applies.
Where a person who has contracted a occupational disease has carried out an activity liable, by its very nature, to cause that disease, under the legislation of two or more Member States, the benefits to which the victim or his or her Survivors are entitled to claim only under the laws of the last of those states whose conditions are met.
In the event of an aggravation of a professional disease for which a victim has received or benefits from benefits under the legislation of a Member State, the following provisions shall apply:
1. If there is no insurance against accidents at work or occupational diseases in the Member State where the person concerned resides or is staying, or if such insurance exists but does not include an institution responsible for the service of the Benefits in kind, these benefits are paid by the institution of the place of residence or residence responsible for the service of benefits in kind in the event of sickness.
(2) If the competent Member State does not have insurance against accidents at work or occupational diseases, the provisions of this chapter on benefits in kind shall nevertheless apply to a person entitled to such insurance. Benefits in the event of sickness, maternity or paternity treated under the legislation of that Member State when it is a victim of an accident at work or suffers from occupational disease while residing or staying in another Member State. The burden falls on the competent institution for benefits in kind under the legislation of the competent Member State.
3. Art. 5 applies to the competent institution in a Member State with regard to the assimilation of accidents at work and occupational diseases which have arisen or subsequently found under the legislation of another Member State at the time when it is concerned To assess the degree of incapacity, the opening of the right to benefit or the amount thereof, provided that:
1. Art. 35 also applies to benefits covered by this Chapter, and repayments are made on the basis of actual costs.
2. Two or more Member States, or their competent authorities, may provide for alternative means of reimbursement or waive any reimbursement between the institutions under their jurisdiction.
1. Where an insured person or a member of his family dies in a Member State other than the competent Member State, the death shall be considered to have occurred in the competent Member State.
2. The competent institution shall be required to serve the death allowances payable under the legislation it applies, even if the beneficiary resides in a Member State other than the competent Member State.
3. The s. 1 and 2 also apply to the case where the death is the result of an accident at work or occupational disease.
1. In the event of the death of the holder of a pension due under the legislation of a Member State, or of pensions payable under the legislation of two or more Member States, where that holder was resident in a Member State other than the Member State where Finds the institution responsible for the cost of benefits in kind served under s. 24 and 25, the death allowances payable under the legislation that this institution applies to him, as if the pensioner had resided, at the time of his death, in the Member State in which that institution is located.
2. Le par. 1 applies Mutatis mutandis Members of the pension holder's family.
For the purposes of this Chapter, "legislation of type A" means any legislation under which the amount of disability benefits is independent of the length of periods of insurance or residence and which has been expressly included By the competent Member State in Annex VI, and by 'type B legislation' means any other legislation.
2. The person who has been submitted successively or alternately to the legislation of two or more Member States and who has performed periods of insurance or residence exclusively under the laws of type A is entitled to benefits Paid by the only institution of the Member State whose legislation was applicable at the time of incapacity for work followed by invalidity, taking into account, where appropriate, s. 45, and this person benefits from these benefits in accordance with this legislation.
3. The person who is not entitled to benefits under the provisions of s. 2 benefits from the benefits to which it is still entitled under the legislation of another Member State, taking into account, where appropriate, s. 45.
4. If the legislation referred to in s. 2 or 3 provides for the reduction, suspension or elimination of invalidity benefits in the event of cumulation with benefits of a different nature within the meaning of s. 53, para. 2, or with other income, s. 53, para. 3, and art. 55, para. 3, apply Mutatis mutandis .
If the legislation of a Member State makes the acquisition, maintenance or recovery of the right to benefits conditional on the completion of periods of insurance or residence, the competent institution of that Member State shall apply Muta N Dis , if applicable, s. 51, para. 1.
1. The person who has been submitted successively or alternately to the laws of two or more Member States, of which at least one is not of Type A, is entitled to benefits under the chap. 5, which applies Mutatis mutandis , having regard to s. 3.
2. However, if the person concerned has initially been subject to a type B legislation and if he is subsequently disabled at work followed by invalidity while he is subject to type A legislation, he is entitled to benefits Pursuant to s. 44, however:
3. A decision taken by the institution of a Member State as to the degree of invalidity of the person concerned is binding on the institution of any other Member State concerned, provided that the agreement between the conditions relating to the degree of invalidity between the Member States The legislation of these Member States is recognised in Annex VII.
1. In the event of an aggravation of a disability for which a person benefits from benefits under the legislation of one or more Member States, the following provisions shall apply, taking into account the aggravation:
2. If the total amount of the benefit (s) due under subs. 1 is less than the amount of the benefit to which the person concerned was entitled to the office of the previously competent institution, the latter shall pay him a supplement equal to the difference between the two amounts.
3. If the person concerned is not entitled to benefits under the charge of an institution of another Member State, the competent institution of the Member State which has been previously competent shall serve the benefits in accordance with the legislation which it applies, taking into account the The aggravation of invalidity and, where appropriate, art. 45.
1. Invalidity benefits shall be converted, where appropriate, into old-age benefits under the conditions laid down in the legislation or legislation in respect of which they are served and in accordance with chap. 5.
2. Any institution that receives disability benefits under the legislation of a Member State shall continue to serve the beneficiary of disability benefits entitled to claim entitlement to old-age benefits under the legislation One or more of the other Member States, in accordance with Art. 50, the disability benefits to which it is entitled under the legislation that it applies, up to the time the s. 1 becomes applicable in respect of that institution or, failing that, as long as the person concerned fulfils the necessary conditions to benefit from it.
3. Where invalidity benefits are provided under the legislation of a Member State, in accordance with Art. 44, are converted into old-age benefits and that the person concerned does not yet satisfy the conditions laid down by the legislation of one or more of the other Member States in order to be entitled to those benefits, the person concerned benefits from the Of that Member State or of those Member States, from the day of conversion, of invalidity benefits.
These disability benefits are provided in accordance with chap. 5 as if that chapter had been applicable at the time of the occurrence of incapacity for work followed by invalidity, until the person concerned satisfied the conditions required by the other national legislation concerned in order to be entitled to To old-age benefits or, where such conversion is not provided for, as long as he is entitled to invalidity benefits under the legislation or legislation concerned.
4. Disability benefits paid under s. 44 are recalculation in accordance with chap. 5 as soon as the beneficiary satisfies the requirements for entitlement to invalidity benefits under type B legislation or benefits from old-age benefits under the legislation of another Member State.
Art. 6, 44, 46, 47, 48 and art. 60, para. 2 and 3, apply Mutadis m U While Persons who benefit from a special scheme for civil servants.
1. All the competent institutions shall determine the right to benefits under all the laws of the Member States to which the person concerned has been subjected when an application for liquidation has been made unless he expressly requests that Suspend the payment of old-age benefits under the legislation of one or more of the Member States.
2. If the person concerned does not meet or unites, at any time, the conditions laid down by all the laws of the Member States to which it has been submitted, the institutions applying legislation whose conditions are fulfilled shall not Take into account, when calculating in accordance with s. 52, para. 1, let. (a) or (b), the periods that have been completed under the laws whose conditions are not fulfilled or are no longer fulfilled, where the taking into account of those periods allows for the determination of a lower benefit amount.
3. Le par. 2 applies Mutadis mutatis mutandis Where the person concerned expressly requested to postpone the winding up of old-age benefits.
4. A new calculation shall be carried out ex officio as soon as the conditions to be fulfilled under the other legislation have been fulfilled or if the person concerned requests the grant of an old-age pension whose liquidation has been deferred As per s. 1, unless the periods already completed under other legislation have already been taken into account in accordance with subs. 2 or 3.
1. If the legislation of a Member State makes the grant of certain benefits subject to the condition that the periods of insurance have been completed only in a specific paid or self-employed activity or in an occupation subject to a scheme The competent institution of that Member State shall take into account periods completed under the laws of other Member States only if they have been completed under a corresponding regime Or, failing that, in the same occupation or, where applicable, in the same or not employed activity Employee.
If, after taking into account the periods thus completed, the person concerned does not satisfy the requirements for the benefit of such benefits under a special scheme, those periods shall be taken into account for the benefit of the A general plan or, failing that, the applicable plan, as the case may be, to the workers or employees, provided that the person concerned has been affiliated with any of those plans.
2. Periods of insurance completed within the framework of a special scheme of a Member State shall be taken into account in order to serve benefits under the general scheme or, failing that, the applicable scheme, as the case may be, to workers or employees of a Member State Other Member State, provided that the person concerned has been affiliated with any of these schemes, even if those periods have already been taken into account in the latter Member State in the framework of a special scheme.
3. If the legislation or a specific scheme of a Member State makes the acquisition, maintenance or recovery of the right to benefits subject to the condition that the person concerned has insurance at the time of the implementation of the risk, that condition Shall be deemed to be satisfied if that person was previously insured under the legislation or the specific scheme of that Member State and is, at the time of carrying out the risk, insured under the legislation of another Member State in respect of The same risk or, failing that, if it is entitled to a benefit under the legislation of another State Member for the same risk. The latter condition is deemed to be met in the cases referred to in s. 57.
1. The competent institution shall calculate the amount of the benefit due:
2. The amount calculated in accordance with par. 1, let. (a) and (b) above, the competent institution shall apply, where appropriate, all the reduction, suspension or deletion clauses, as provided for in the legislation it applies, within the limits laid down in Art. 53-55.
3. The person concerned shall be entitled, on the part of the competent institution of each Member State concerned, to the highest amounts calculated in accordance with paragraph 1. 1, let. (a) and (b).
4. Where the calculation carried out in a single Member State in accordance with par. 1, let. A), the result is that the stand-alone benefit is equal to or greater than the Pro-rata , calculated in accordance with s. 1, let. (b) the competent institution renounces the calculation to the Pro-rata , provided:
5. Notwithstanding the provisions of s. 1, 2 and 3, calculation on Pro-rata Does not apply to plans providing for benefits whose calculation is not based on periods, provided that those schemes are mentioned in Annex VIII, part 2. In such a case, the person concerned is entitled to the calculated benefit In accordance with the legislation of the Member State concerned.
1. By combining benefits of the same nature, it is necessary to hear all the cumulative invalidity, old-age and survivor benefits calculated or paid on the basis of the periods of insurance and/or residence completed by the same person.
2. Cumulative benefits which cannot be considered to be of the same nature within the meaning of s. 1 are considered to be cumulative benefits of a different nature.
3. For the purposes of the anti-umul clauses provided for in the legislation of a Member State in the event of the accumulation of invalidity, old age or survivor benefits with a benefit of the same or different nature or with other income, the provisions Are applicable:
1. Where benefits of the same nature due under the legislation of two or more Member States are combined, the anti-umul clauses provided for in the legislation of a Member State shall not apply to a benefit to the Pro-rata .
2. The anti-umul clauses apply to a stand-alone benefit only on the condition that it is:
The benefits and agreements referred to in the let. (a) and (b) are listed in Annex IX.
If the benefit of benefits of a different kind or other income implies the application of the anti-umul rules laid down in the legislation of the Member States concerned in respect of:
2. The competent institution shall not apply the division provided for autonomous benefits if the legislation it applies provides for the taking into account of benefits of a different nature and/or other income as well as all the elements of calculation For a portion of their specified amount based on the relationship between periods of insurance and/or residence under s. 52, para. 1, let. (b) c. (ii).
3. The s. 1 and 2 apply Mutadis mutatis mutandis If the legislation of one or more Member States provides that a right to benefit cannot be acquired in the case where the person concerned benefits either from a benefit of a different nature, due under the legislation of another Member State, or Other revenues.
1. For the calculation of the theoretical and Pro-rata Subject to s. 52, para. 1, let. (b) the following rules are applied:
2. The provisions of the legislation of a Member State concerning the recovery of the elements taken into account for the calculation of benefits shall apply, where appropriate, to the factors to be taken into account by the competent institution of that State Member, in accordance with s. 1, as regards periods of insurance or residence completed under the legislation of other Member States.
1. Notwithstanding s. 52, para. 1, let. (b) the institution of a Member State is not required to serve benefits in respect of periods completed under the legislation which it applies and which are to be taken into account at the time of carrying out the risk if:
For the purposes of this Article, "periods" shall mean all periods of insurance, employment, self-employment or residence which give entitlement to the benefit concerned or the majority directly.
2. The competent institution of each of the Member States concerned shall take into account the periods referred to in par. 1 for the purposes of s. 52, para. 1, let. (b) c. (i).
3. In case the application of s. 1 would have the effect of unloading from their obligations all the institutions of the Member States concerned, the benefits are paid exclusively under the legislation of the last of those Member States whose conditions are satisfied, As if all periods of insurance and residence completed and taken into account in accordance with Art. 6 and art. 51, para. 1 and 2 had been completed under the legislation of that Member State.
4. This Article does not apply to the schemes listed in Annex VIII, Part 2.
1. The beneficiary of benefits to which this Chapter applies may not, in the Member State of residence and under the legislation of which a benefit is due, receive a benefit less than that of the benefit Set by that legislation for a period of insurance or residence equal to all the periods taken into account for liquidation in accordance with this Chapter.
2. The competent institution of that Member State shall pay, for the duration of its residence in its territory, a supplement equal to the difference between the sum of the benefits payable under this Chapter and the amount of the minimum benefit.
1. If the method of establishment or the rules for calculating benefits are amended by virtue of the legislation of a Member State or if the personal situation of the person concerned is subject to a relevant change which, under that legislation, would lead to To adjust the amount of the benefit, a new calculation is made in accordance with s. 52.
2. On the other hand, if, because of the increase in the cost of living, the variation in the level of income or other causes of adaptation, the benefits of the Member State concerned are modified by a specified percentage or amount, this percentage or That specified amount must be applied directly to benefits established in accordance with s. 52, without the need for a recalculation.
1. Art. 6, 50, 51, para. 3, and art. 52 to 59 apply Mutadis m U While Persons covered by a special scheme for civil servants.
2. However, if the legislation of a competent Member State makes the acquisition, liquidation, maintenance or recovery of rights to benefits under a special scheme applicable to officials subject to the condition that all Periods of insurance have been completed within the framework of one or more special schemes applicable to officials in that Member State or assimilated to such periods under the legislation of that Member State, the institution Competent of that State shall take into account only periods which may be recognised under the Legislation that it applies.
If, after the periods completed in that way have been taken into account, the person concerned does not satisfy the conditions for entitlement to those benefits, these periods shall be taken into account for the winding-up of the benefits of the general scheme Or, failing that, the applicable plan, as the case may be, to the workers or employees.
3. The competent institution of a Member State, whose legislation provides that the calculation of benefits under a special scheme applicable to officials shall be based on the last treatment (s) received during a reference period, Takes into account for the purposes of this calculation only the processing, duly reassessed, collected during the period (s) during which the person concerned has been subject to this legislation.
1. The competent institution of a Member State whose legislation provides for the acquisition, maintenance, recovery or duration of entitlement to benefits in respect of either periods of insurance, periods of employment or periods of employment Of self-employment, takes into account, to the extent necessary, periods of insurance, employment or self-employment completed under the legislation of any other Member State as if they had been completed under the legislation Applies.
However, where the applicable law makes entitlement to benefits conditional on the completion of periods of insurance, periods of employment or self-employment completed under the legislation of another Member State shall not be taken into account Provided that these periods were considered periods of insurance if they had been completed under the applicable legislation.
2. Except in respect of situations referred to in s. 65, para. 5, let. (a) the application of s. 1 of this Article is subject to the condition that the person concerned has done last, in accordance with the legislation in respect of which the benefits are requested:
1. The competent institution of a Member State whose legislation provides that the calculation of benefits shall be based on the amount of the previous wage or professional income shall take account exclusively of the salary or professional income received by the Member State concerned. The person concerned for the last paid or self-employed activity under that legislation.
2. Le par. 1 also applies in the event that the legislation applied by the competent institution provides for a reference period defined for the determination of the salary used as the basis for calculating benefits and where, during all or part of the Of that period, the person concerned was subject to the legislation of another Member State.
3. By way of derogation from paras. 1 and 2, in respect of the unemployed referred to in s. 65, para. 5, let. (a), the institution of the place of residence shall take into account the salary or professional income received by the person concerned in the Member State in whose legislation it was submitted in the course of his last employed or self-employed activity, In accordance with the implementing regulation.
For the purposes of this Chapter, s. 7 applies only in cases provided for by s. 64, 65 and 65 Bis And within the limits set out therein.
1 New content according to Art. 1 ch. 8 of R (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012, in force for Switzerland since 1 Er Jan 2015 ( RO 2015 345 ).
1. The person who is fully unemployed who meets the conditions required by the legislation of the Member State competent for entitlement to benefits and who travels to another Member State to seek employment in another Member State retains the right to benefits Unemployment in cash under the conditions and within the limits indicated below:
2. If the person concerned returns to the competent Member State on expiry or before the end of the period during which he is entitled to benefits under s. 1, let. (c) he shall continue to be entitled to benefits in accordance with the legislation of that Member State. It shall lose any right to benefits under the law of the competent Member State if it does not return to it on expiry or before the end of that period, subject to more favourable provisions of that legislation. In exceptional cases, the competent services or institutions may authorise the person concerned to return to a later date without loss of his right.
3. Unless the legislation of the competent Member State is more favourable, between two periods of employment, the maximum total duration of the period for which entitlement to benefits is maintained, under the conditions laid down under s. 1, is three months. This period may be extended by the competent services or institutions up to a maximum of six months.
4. The arrangements for the exchange of information, cooperation and mutual assistance between the institutions and the services of the competent Member State and of the Member State in which the person visits to seek employment are laid down in the Regulation Application.
1. A person with a partial or intermittent unemployment who, in the course of his last paid or self-employed activity, resided in a Member State other than the competent Member State shall make available to his or her employer or to the employment services of the State Competent member. It benefits from the benefits under the legislation of the competent Member State, as if it were resident in that Member State. Such benefits shall be provided by the institution of the competent Member State.
The full unemployed person who, in the course of his last employed or self-employed activity, resided in a Member State other than the competent Member State and who continues to reside in the same Member State or who returns to that Member State shall To the employment services of the Member State of residence. Without prejudice to art. 64, a person who is fully unemployed may, on a supplementary basis, make himself available to the employment services of the Member State in which she last worked as an employed or self-employed person.
A person who is unemployed, other than a frontier worker, who does not return to the Member State of his residence, shall make available to the employment services of the Member State in whose legislation it was last submitted.
3. The unemployed person referred to in s. 2, first sentence, shall be registered as an applicant for employment with the relevant services in the matter of the Member State in which he resides. It shall be subject to the supervision organised therein and shall comply with the conditions laid down by the legislation of that Member State. If he or she chooses to register as an applicant for employment in the Member State in which he was last employed or self-employed, he shall respect the obligations applicable in that State.
4. The arrangements for the implementation of s. 2, second sentence, and paras. 3, second sentence, and the arrangements for the exchange of information, cooperation and mutual assistance between the institutions and the services of the Member State of residence and of the Member State of last professional activity shall be established in The implementing regulation.
6. Benefits paid by the institution of the place of residence under s. 5 remain at his expense. However, subject to subs. 7, the competent institution of the Member State to whose legislation the person concerned was last referred shall reimburse to the institution of the place of residence the full amount of the benefits paid by it during the first three months of Compensation. The amount of the reimbursement paid during that period shall not exceed the amount due, in the event of unemployment, in accordance with the legislation of the competent Member State. In the case referred to in para. 5, let. (b) the period during which the benefits are paid under s. 64 shall be deducted from the period referred to in the second sentence of this paragraph. Repayment terms are set out in the Regulations.
7. However, the repayment period referred to in s. 6 shall be extended to five months when the person concerned has completed, in the last twenty-four months, periods of employment or self-employment of at least 12 months in the Member State in whose legislation it was last submitted, where these Periods would qualify for unemployment benefits.
8. For the purposes of paras. 6 and 7, two or more Member States, or their competent authorities, may provide for other methods of reimbursement or waive any repayment between the institutions under their jurisdiction.
1. Notwithstanding s. 65, the person in full unemployment who, as a frontier worker, last performed periods of insurance as a non-employed person or periods of self-employment recognised for the purpose of granting benefits Unemployment in a Member State other than its Member State of residence and of which the Member State of residence has also notified that there is no possibility for the categories of self-employed persons to be covered by its own scheme of Unemployment benefits, registers and makes available to the employment services of the Member State In which it has carried out its last activity as a self-employed person and, when applying for benefits, continues to comply with the conditions laid down by the legislation of the latter Member State. The full unemployed person may, on a supplementary basis, make available to the employment services of the Member State of residence.
2. Benefits are paid to the full unemployed person referred to in s. 1 by the Member State to whose legislation that person was last subject, in accordance with the legislation which that Member State applies.
3. If the full unemployed person referred to in s. 1, after registering with the employment services of the Member State in which it has carried out its last activity, does not wish to become or remain at their disposal and wishes to seek employment in the Member State of residence, art. 64 shall apply mutatis mutandis, with the exception of Art. 64, para. 1 (a). The competent institution may extend the period referred to in the first sentence of Art. 64, para. 1, point (c), to the end of the term of entitlement to benefits. '
1 Introduced by Art. 1 ch. 9 of R (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012, in force for Switzerland since 1 Er Jan 2015 ( RO 2015 345 ).
Where the applicable law makes the right to pre-retirement benefits conditional on the completion of periods of insurance, employment or self-employment, s. 6 does not apply.
A person is entitled to family benefits in accordance with the legislation of the competent Member State, including members of his family who reside in another Member State, as if they were resident in the first Member State. However, the holder of a pension is entitled to family benefits in accordance with the legislation of the Member State competent for his pension.
1. If, for the same period and for the same family members, benefits are provided for in the legislation of more than one Member State, the following priority rules shall apply:
2. In the case of cumulation of rights, family benefits shall be paid in accordance with the legislation designated as priority according to s. (1) The rights to family benefits payable under the other legislation in the presence of the child shall be suspended up to the amount provided for in the first legislation and shall be served, where appropriate, in the form of a differential supplement, for the Party that exceeds this amount. However, it is not necessary to serve such a differential supplement for children residing in another Member State, where the entitlement to the benefits in question is based solely on the place of residence.
3. If, pursuant to s. 67, an application for family benefits shall be lodged with the competent institution of a Member State whose legislation is applicable, but is not a priority according to s. 1 and 2 of this article:
In the event that family benefits are not allocated to the maintenance of family members by the person to whom they are to be served, the competent institution shall serve those benefits, with the effect of release, to the person A physical or legal entity which has the effective charge of the members of the family, at the request and through the institution of their Member State of residence or of the designated institution or body established for that purpose by the competent authority of Their Member State of residence.
1. If, under the legislation designated under s. 67 and 68, no right is open to supplementary or special family benefits for orphans, these benefits are granted by default, and in addition to the other family benefits acquired under the legislation concerned Above, under the legislation of the Member State to which the deceased worker has been submitted for the longest period, provided that the right is opened under that legislation. If no right is opened under this legislation, the conditions for the opening of the law under the laws of the other Member States concerned shall be examined and the benefits granted in descending order of the duration of the periods Of insurance or residence completed under the legislation of these Member States.
2. Benefits paid in the form of pensions or supplementary pensions shall be paid and calculated in accordance with chap. 5.
(1) This Article applies to special non-contributory cash benefits under legislation which, by virtue of its personal scope, objectives and/or eligibility conditions, has the characteristics The social security legislation referred to in s. 3, para. 1, and social assistance.
2. For the purposes of this Chapter, "special non-contributory cash benefits" means benefits:
3. Art. 7 and the other chapters of this Title do not apply to benefits referred to in subs. 2 of this article.
4. The benefits referred to in s. 2 shall be granted exclusively in the Member State in which the person concerned resides and in accordance with its legislation. These benefits are provided by the institution of the place of residence and its office.
1. The Administrative Commission for the Coordination of Social Security Systems (hereinafter referred to as the Administrative Committee), established with the European Commission 1 , is composed of a government representative from each of the Member States, assisted, where appropriate, by technical advisers. A representative of the European Commission shall participate, with a consultative vote, in the meetings of the Administrative Committee.
2. 2 The Administrative Commission shall act by a qualified majority as defined in the Treaties, except for the adoption of its statutes, which shall be drawn up by common accord of its members.
Decisions on matters of interpretation referred to in s. 72, point (a), are the subject of the necessary publicity.
The secretariat of the Administrative Commission is provided by the services of the European Commission.
1 New Expression Under Art. 1 ch. 1 of R (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012, in force for Switzerland since 1 Er Jan 2015 ( RO 2015 345 ). This mod has been taken into account. Throughout the text.
2 New content according to Art. 1 ch. 10 of R (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012, in force for Switzerland since 1 Er Jan 2015 ( RO 2015 345 ).
The Administrative Commission is responsible for:
1. A technical committee for the processing of information, hereinafter referred to as the "technical committee", is set up in the Administrative Committee. The Technical Committee shall propose to the Administrative Committee the rules of common architecture for the management of electronic information processing services, in particular in the field of security and the use of standards; Reports and gives a reasoned opinion before a decision is taken by the Administrative Committee under Art. 72, let. (d). The composition and modes of operation of the Technical Committee shall be determined by the Administrative Committee.
2. To this end, the Technical Committee shall:
1. A committee of auditors is set up in the Administrative Committee. Its composition and operating procedures shall be fixed by the Administrative Committee.
The Committee on Accounts is responsible for:
1. An advisory committee shall be set up for the coordination of social security systems (hereinafter referred to as the 'Advisory Committee', composed, for each Member State, of:
For each of the categories referred to above, it shall be appointed an alternate member per Member State.
The members and alternate members of the Advisory Committee shall be appointed by the Council. The Advisory Committee is chaired by a representative of the European Commission. The Advisory Committee shall establish its rules of procedure.
2. The Advisory Committee shall be empowered, at the request of the European Commission, of the Administrative Committee or on its own initiative:
1. The competent authorities of the Member States shall communicate all information concerning:
2. For the purposes of this Regulation, the authorities and institutions of the Member States shall lend themselves their good offices and behave as if they were the application of their own legislation. The administrative assistance of the said authorities and institutions is in principle free of charge. However, the Administrative Commission shall establish the nature of the reimbursable expenses and the thresholds above which their repayment is expected.
3. For the purposes of this Regulation, the authorities and institutions of the Member States may communicate directly with each other and with the persons concerned or their representatives.
4. The institutions and persons covered by this Regulation shall be bound by a mutual obligation of information and cooperation to ensure the proper application of this Regulation.
The institutions, in accordance with the principle of good administration, shall respond to all requests within a reasonable period of time and shall, in this respect, communicate to the persons concerned any information necessary to assert their rights Under this Regulation.
The persons concerned shall be required to inform the institutions of the competent Member State and the Member State of residence of any change in their personal or family circumstances affecting their rights as soon as possible. Benefits provided for in this Regulation.
5. Non-compliance with the obligation to provide information under s. 4, third paragraph, may be subject to proportionate measures in accordance with national law. However, these measures must be equivalent to those applicable to similar situations falling within the internal legal order and must not in practice render impossible or excessively difficult the exercise of the rights conferred on Interested in this Regulation.
6. In the event of difficulties in the interpretation or application of this Regulation, which may affect the rights of a person covered by the Regulation, the institution of the competent Member State or of the Member State of residence of the person concerned Contact the institution (s) of the Member State (s) concerned. In the absence of a solution within a reasonable time, the authorities concerned may refer the matter to the Administrative Committee.
7. The authorities, institutions and courts of a Member State may not reject applications or other documents addressed to them because they are in one official language of another Member State, which is recognised as a language Of the institutions of the Community, in accordance with Art. 290 of the Treaty.
Where, under this Regulation or the implementing Regulation, the authorities or institutions of a Member State communicate personal data to the authorities or institutions of another Member State, that communication shall be submitted to The data protection legislation of the Member State which transmits them. Any communication by the authority or institution of the Member State which has received them, as well as the storage, modification and destruction of data by that Member State, shall be subject to the data protection legislation of the State Member that receives them.
2. The data required for the application of this Regulation and its implementing regulation shall be transmitted by a Member State to another Member State in accordance with the Community provisions on the protection of natural persons to The processing and free movement of personal data.
Member States shall progressively use the new technologies for the exchange, access and processing of the data required for the application of this Regulation and the implementing Regulation. The European Commission grants its support to activities of common interest from the moment the Member States introduce these electronic information processing services.
2. Each Member State has the responsibility to manage its own part of electronic processing services in compliance with the Community provisions on the protection of natural persons with regard to processing and Free movement of personal data.
3. An electronic document sent or issued by an institution in accordance with this Regulation and the implementing regulation may not be rejected by any authority or institution of another Member State on the ground that it is received by means Electronically, once the recipient institution has declared itself in a position to receive electronic documents. The reproduction and registration of such documents is presumed to be a correct and accurate reproduction of the original document or a representation of the information to which it refers, in the absence of proof to the contrary.
(4) An electronic document shall be considered to be valid if the computer system on which the said document is registered contains the security elements necessary to avoid any alteration or communication of the registration or any access Not allowed audit record. At any time, the recorded information shall be capable of being reproduced in a form which is immediately legible. Where an electronic document is transmitted from one social security institution to another, appropriate security measures shall be taken in accordance with the Community provisions on the protection of natural persons in respect of the The processing and free movement of personal data.
In the context of this Regulation and the implementing Regulation, the European Commission may finance wholly or in part:
1. The benefit of the exemptions or reductions in fees, stamp duty, registry or registration, provided for in the legislation of a Member State for the documents or documents to be produced pursuant to the legislation of that Member State, is extended Documents or similar documents to be produced pursuant to the legislation of another Member State or of this Regulation.
2. All acts, documents and coins to be produced for the purposes of this Regulation shall be exempt from the legalisation visa of the diplomatic and consular authorities.
Applications, declarations or appeals which should have been introduced, pursuant to the legislation of a Member State, within a specified period of time with an authority, an institution or a court of that Member State shall be admissible if they are Lodged within the same period with an authority, an institution or a corresponding court of another Member State. In such cases, the competent authority, institution or court shall promptly transmit such applications, declarations or appeals to the competent authority, institution or court of the first Member State, either directly or by The intermediary of the competent authorities of the Member States concerned. The date on which such applications, declarations or appeals have been lodged with an authority, an institution or a court of the second Member State shall be regarded as the date of introduction to the authority, the institution or the Jurisdiction to know.
The medical expertise provided for in the legislation of a Member State may be made, at the request of the competent institution, in another Member State, by the institution of the place of residence or residence of the applicant or of the beneficiary of the In accordance with the conditions laid down in the implementing regulation or agreed between the competent authorities of the Member States concerned.
Specific provisions for the application of the laws of certain Member States are set out in Annex XI.
The recovery of contributions due to an institution of a Member State and the repetition of benefits unduly paid by the institution of a Member State may be effected in another Member State, following the procedures and with the Guarantees and privileges applicable to the recovery of contributions due to the corresponding institution of the latter Member State and to the repetition of benefits unduly paid by it.
2. Binding decisions of the judicial authorities and administrative authorities concerning the recovery of contributions, interest and any other costs or the repetition of benefits unduly paid under the legislation of a State Member States shall be recognised and enforced at the request of the competent institution in another Member State, within the limits and according to the procedures laid down in the legislation and any other procedures which are applicable to similar decisions Of the latter Member State. Such decisions shall be declared enforceable in that Member State to the extent that the legislation and all other procedures of that Member State so require.
3. In the event of enforced execution, bankruptcy or concordat, the claims of the institution of a Member State shall enjoy, in another Member State, privileges identical to those granted by the legislation of that Member State to the claims of the same Member Nature.
4. The rules for the application of this Article, including the costs to be reimbursed, shall be settled by the implementing regulation or, if necessary, and on a supplementary basis, by means of agreements between Member States.
1. If a person receives benefits under the legislation of a Member State for damage arising out of acts in another Member State, the potential rights of the debtor institution against the third party Damage shall be disposed of as follows:
2. If a person is entitled to benefits under the legislation of a Member State for damage arising out of acts in another Member State, the provisions of that legislation which determine the cases in which the Civil liability of employers or their employees shall apply in respect of that person or of the competent institution.
The s. 1 also applies to the potential rights of the debtor institution against employers or their staff, in cases where their liability is not excluded.
3. Where, pursuant to s. 35, para. 3, and/or art. 41, para. 2, two or more Member States, or their competent authorities, have concluded a waiver of repayment between the institutions under their jurisdiction, or where the reimbursement is independent of the amount of the benefit The potential rights of a responsible third party are resolved in the following manner:
As regards relations between, on the one hand, Luxembourg and, on the other, France, Germany and Belgium, the application and duration of the period referred to in Art. 65, para. 7, will be the subject of bilateral agreements.
1. This Regulation shall not open any right for the period before the date of its application.
2. Any period of insurance as well as, where applicable, any period of employment, self-employment or residence completed under the legislation of a Member State before the date of application of this Regulation in the Member State concerned shall be taken Consideration for the determination of rights under this Regulation.
3. Subject to subs. 1, a right shall be opened under this Regulation, even if it relates to an eventuality that has been carried out prior to the date of its application in the Member State concerned.
4. Any benefit which has not been liquidated or has been suspended because of the nationality or place of residence of the person concerned is, at his request, served or restored from the date of application of this Regulation in the Member State Subject to the fact that the rights under which benefits were previously served did not result in a capital regulation.
5. The rights of persons to whom a pension was served prior to the date of application of this Regulation in a Member State may, at their request, be revised, taking into account the provisions of this Regulation.
6. If the application referred to in s. 4 or at par. 5 shall be submitted within two years from the date of application of this Regulation in a Member State, the rights opened under that Regulation shall be acquired from that date, without the legislation of any Member State relating to The revocation or limitation of rights may be effective against the parties concerned.
7. If the application referred to in s. 4 or at par. 5 shall be presented after the expiry of the period of two years following the date of application of this Regulation in the Member State concerned, rights which are not lapsed or which are not prescribed shall be acquired from the date of the Subject to more favourable provisions laid down in the legislation of any Member State.
8. If, as a result of this Regulation, a person is subject to the legislation of a Member State other than that to which it is submitted under Title II of Regulation (EEC) No O 1408/71, that person continues to be subject to the latter legislation as long as the prevailing situation remains unchanged, but in any case not more than ten years from the date of application of this Regulation, unless it Shall not introduce an application for the purpose of being subject to the legislation applicable under this Regulation. The application shall be submitted within three months from the date of application of this Regulation to the competent institution of the Member State whose legislation is applicable under this Regulation in order for the person concerned to be able to Be subject to the legislation of that Member State from the date of application of this Regulation. If the application is made after the expiration of that period, the change in the applicable law shall take place on the first day of the following month.
9. Art. 55 of these Regulations applies only to pensions to which the provisions of s. 46 Cc Regulation (EEC) No O 1408/71 does not apply to the date of application of this Regulation.
10. The provisions of s. 65, para. 2 and 3, second sentences, shall apply to Luxembourg no later than two years after the date of application of this Regulation.
10 Bis . The entries in Annex III for Estonia, Spain, Italy, Lithuania, Hungary and the Netherlands cease to have effect four years after the date of application of this Regulation.
10 Ter The list contained in Annex III shall be revised no later than 31 October 2014 on the basis of a report by the Administrative Committee. This report shall provide an impact assessment on the importance, frequency, scale and cost, in absolute and relative terms, of the application of the provisions of Annex III. It also specifies the possible effects of the repeal of those provisions for the Member States which are still identified in the said Annex after the date referred to in paragraph 1. 10 Bis In the light of this report, the Commission decides whether or not to submit a proposal for a revision of the list, in principle with a view to its repeal, unless the report of the Administrative Panel provides convincing reasons for not Not do it.
11. Member States shall ensure that appropriate information is provided concerning amendments to the rights and obligations introduced by this Regulation and the implementing regulation.
1. If following the entry into force of the Regulation (EU) n O 465/2012, a person is subject, in accordance with Title II of this Regulation, to the legislation of a Member State other than that to which it was submitted before that entry into force, that person shall continue to be subject to the Legislation of the Member State which applied before that date for a transitional period which lasts as long as the prevailing situation remains unchanged and which, in any event, may not exceed ten years from the date of entry into Vigor of Regulation (EU) n O 465/2012. This person may request that the transitional period no longer apply to his or her situation. Such a request must be submitted to the institution designated by the competent authority of the Member State of residence. Applications submitted on or before September 29, 2012 are considered to take effect on June 28, 2012. 2 . Applications submitted after September 29, 2012 3 Take effect on the first day of the month following the month of their bid.
2. By 29 June 2014 at the latest, the Administrative Commission shall evaluate the implementation of the provisions set out in Art. 65 Bis Of this Regulation and shall submit a report on their application. On the basis of this report, the European Commission may, where appropriate, submit proposals to amend the said provisions.
1 Introduced by Art. 1 ch. 11 of R (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012, in force for Switzerland since 1 Er Jan 2015 ( RO 2015 345 ).
2 In relations between Switzerland and the EU states, on 2 Apr. 2015 and 1 Er Jan. 2015.
3 In relations between Switzerland and the EU states, on 2 Apr. 2015.
The annexes to this Regulation are subject to periodic review.
A subsequent regulation shall lay down the rules for the application of this Regulation.
1. Regulation (EEC) No O The Council shall be repealed from the date of application of this Regulation.
However, Regulation (EEC) No O 1408/71 remains in force and its legal effects are preserved for the purposes of:
2. In Council Directive 98 /49/EC of 29 June 1998 on the safeguarding of supplementary pension rights for employed and non-salaried workers moving within the Community 5 , references to Regulation (EEC) No O 1408/71 shall be construed as references to this Regulation.
1 OJ L 124, 20.5.2003, p. 1.
2 OJ L 160, 20.6.1985, p. 7.
3 OJ L 1, 3.1.1994, p. 1.
4 RS 0.142.112.681 ; RO 2002 1529 OJ L 114, 30.4.2002, p. 6. Agreement last amended by D n O 2/2003 of the EU-Switzerland Joint Committee, RO 2004 1277 (OJ L 187, 26.7.2003, p. 55).
5 OJ L 209, 25.7.1998, p. 46.
This Regulation shall enter into force on the twentieth day after its publication in Official Journal of the European Union .
It shall apply from the date of entry into force of the implementing regulation.
This Regulation shall be binding in all its elements and directly applicable in any Member State.
(art. 1, let. (z)
Advances on alimony covered by the Act of 21 February 2003 creating a food receivables service within the SPF Finance.
Support payments made by the State pursuant to Art. 92 of the family code.
Payment of advances on food support provided for in the Family Allowances Act.
Payment of advances on food support codified by law n O 765 of 11 September 2002.
Advances on maintenance payments under the German Federal Law on the Granting of Advances on Support Payments (Unterhaltsvorschussgesetz) of 23 July 1979.
Support payments granted under the Act of 21 February 2007 on support payments;
Advances on support granted under the Royal Decree n O 1618/2007 of 7 December 2007.
Family support allowance paid to a child whose parents or both parents withdraw or are out of the state to meet their maintenance obligations or the payment of support payments fixed by a court decision.
Payments made by the Child Support Fund under the Child Support Fund Act.
Advance and recovery of maintenance payments within the meaning of the Act of 26 July 1980.
Advances on maintenance payments under the Act on the Payment of Advances on Support Payments (Unterhaltsvorschussgesetz 1985-UVG).
Benefits of the Support Fund under the Support to Food Creditors Act.
Advance payments on maintenance (law n O 75/98 of 19 November 1998 on the guarantee of maintenance for minors).
Replacement of maintenance under the Law on the Public Security and Support Fund of the Republic of Slovenia of 25 July 2006.
Alternative Support Payments provided for by law n O 452/2004 on replacement maintenance payments, as amended at a later date.
Support payments under the Child Support Security Act (671/1998).
Support payments under the Food Support Act (1996:1030).
Cantonal legislation relating to advances on food pensions based on art. 131, para. 2, and 293, para. 2, Swiss Civil Code 1 .
Birth allowance and adoption bonus.
Maternity lump-sum allowance (Child Family Allowance Act).
Childbirth allowance.
Birth and adoption premiums in the form of a single payment.
Premiums at birth or adoption in the context of the childcare provision (EYP), except when they are paid to a person who remains subject to French law in accordance with art. 12 or art. 16.
Child lump-sum allowance.
Prenatal allowances.
Birth grants.
Maternity Allowance.
Single Birth Allowance (Family Benefits Act).
Childbirth allowance.
Comprehensive maternity allowance, lump-sum maternity allowance and aid in the form of a lump sum to offset the cost of international adoption under the Maternity Allowance Act.
(art. 8, para. 1)
It should be noted that the provisions of bilateral agreements which do not fall within the scope of this Regulation and which remain in force between the Member States are not included in this Annex. This is the case, in particular, of obligations between Member States arising from conventions which include, for example, the aggregation of insurance periods completed in a third country.
Provisions of social security conventions that remain applicable:
Art. 3 and 4 of the final protocol of 7 December 1957 to the general convention of the same date, in the wording of the supplementary protocol of 10 November 1960 (taking into account the periods of insurance completed in certain border regions) Before, during and after the Second World War).
Convention of 24 March 1994 on the social security of frontier workers (provisions relating to the flat-rate reimbursement).
Article 28, para. 1, let. (b) of the Convention on Social Security of 17 December 1997 (maintenance in force of the agreements concluded between Bulgaria and the former German Democratic Republic for persons who had already received a pension before 1996).
Article 38, para. 3, of the Convention on Social Security of 14 April 2005 (taking into account periods of insurance completed before 27 November 1961); the application of this provision shall remain limited to persons covered by the Convention.
Article 32, para. 2, of the Convention on Social Security of 18 December 1957 (taking into account periods of insurance completed until 31 December 1957).
Article 39, para. 1, let. (b) and (c) of the Convention on Social Security of 27 July 2001 (maintenance in force of the Convention between the former Czechoslovak Republic and the former German Democratic Republic for persons who have already benefited from a Pension before 1996); taking into account periods of insurance completed in one of the Contracting States for persons who have already received a pension for those periods at 1 Er September 2002 from the other Contracting State, while residing in its territory).
Article 32, para. 4, of the Convention on Social Security of 19 January 1999 (determining the competence for the calculation of periods of employment completed under the relevant Convention of 1976); the application of this provision remains limited to persons Covered by that provision.
Article 52, para. 8, of the Convention on Social Security of 17 November 2000 (taking into account periods of pension insurance for political refugees).
Article 32, para. 3, of the Convention on Social Security of 20 July 1999 (taking into account periods of insurance completed before 27 November 1961); the application of this provision shall remain limited to the persons covered by that provision.
Articles 12, 20 and 33 of the Convention on Social Security of 29 October 1992 (Art. 12 determines the competence for the granting of survivor's pensions; Art. 20 determines the competence for the calculation of periods of insurance completed until the date of the dissolution of the Czech and Slovak Federal Republic; Art. 33 determines the competence for the payment of pensions granted before the dissolution of the Czech and Slovak Federal Republic).
Article 7 of the Nordic Convention on Social Security of 18 August 2003 (concerning the coverage of additional travel costs in case of sickness during a stay in another Nordic country increasing the cost of the return journey to the country of Residence).
Article 7 of the Nordic Convention on Social Security of 18 August 2003 (concerning the coverage of additional travel costs in case of sickness during a stay in another Nordic country increasing the cost of the return journey to the country of Residence).
Article 45, para. 2, of the Convention on Social Security of 4 December 1973 (representation by diplomatic and consular authorities).
Articles 4, 5, 6 and 7 of the Convention of 11 July 1959 (taking into account periods of insurance completed between September 1940 and June 1946).
Article 40, para. 1, let. (b) of the Convention on Social Security of 2 May 1998 (maintenance in force of the Convention between the former German Democratic Republic and Hungary for persons who had already received a pension before 1996).
Articles 2 and 3 of the Complementary Agreement n O 4 of 21 December 1956 to the Convention of 29 March 1951 (regulation of the rights acquired in the German social insurance scheme by the Dutch workers between 13 May 1940 and 1 Er September 1945).
Article 28, para. 1, let. (b) of the Convention on Social Security of 8 April 2005 (maintenance in force of the Convention between the former German Democratic Republic and Romania for persons who had already received a pension before 1996).
Article 42 of the Convention on Social Security of 24 September 1997 (settlement of rights acquired before 1 Er January 1956 in the social security scheme of the other Contracting State); the application of that provision remains limited to the persons covered by that provision.
Article 29, para. 1, second and third paragraphs, of the Agreement of 12 September 2002 (maintenance in force of the Convention between the former Czechoslovak Republic and the former German Democratic Republic for persons who have already benefited from a Pension before 1996; taking into account periods of insurance completed in one of the Contracting States for persons who have already received a pension for those periods at 1 Er December 2003 from the other Contracting State, while residing in its territory).
Article 19, para. 2, of the Agreement of 14 December 2004 on social security (concerning the transfer and taking into account of certain contributions credited to invalidity).
Article 22 of the General Convention of 11 June 1969 (export of unemployment benefits). This statement shall remain valid for two years from the date of application of this Regulation.
Agreement of 10 March 1997 (on the recognition by the institutions of a Contracting Party of the decisions taken by the institutions of the other Contracting Party concerning the invalidity of pension applicants).
Article 50, para. 5, of the Convention on Social Security of 23 May 2002 (taking into account periods of pension insurance for political refugees).
Article 36, para. 3, of the Convention on Social Security of 31 March 1999 (taking into account periods of insurance completed before 27 November 1961); the application of this provision shall remain limited to the persons covered by that provision.
Article 31 of the Convention on Social Security of 7 October 1957 (taking into account periods of insurance completed before 29 May 1956); the application of that provision shall remain limited to the persons covered by that provision.
Article 34, para. 1, of the Convention on Social Security of 30 January 1959 (art. 34, para. 1, of that Convention provides that the periods of insurance granted before the date of signature of the said Convention shall be the periods of insurance of the Contracting State in the territory of which the person entitled to have his residence); the application of That provision shall remain limited to those persons covered by that provision.
Article 33, para. 3, of the Convention on Social Security of 7 September 1998 (taking into account periods of insurance completed before 27 November 1961); the application of this provision shall remain limited to the persons covered by that provision.
Article 37, para. 3, of the Agreement on Social Security of 28 October 2005 (taking into account periods of insurance completed before 27 November 1961); the application of this provision shall remain limited to the persons covered by that provision.
Article 37 of the Convention on Social Security of 10 March 1997 (taking into account periods of insurance completed before 1 Er January 1956); the application of this provision remains limited to the persons covered by the provision.
Article 34, para. 3, of the Convention on Social Security of 21 December 2001 (taking into account periods of insurance completed before 27 November 1961); the application of this provision shall remain limited to the persons covered by that provision.
Article 7 of the Nordic Convention on Social Security of 18 August 2003 (concerning the coverage of additional travel costs in case of sickness during a stay in another Nordic country increasing the cost of the return journey to the country of Residence).
Point 17 of the final protocol of the social security agreement 6 Of 13 October 1969, as amended by the amendment to the Convention 7 Of 11 June 1982; persons affiliated to the Spanish insurance scheme under this provision are exempt from membership in Swiss health insurance.
Art. 9, para. 1 of the Social Security Convention 8 Of 14 December 1962, as amended by the Complementary Agreement n O 1 9 On 18 December 1963, the amendment to the Convention 10 On 4 July 1969, the Additional Protocol 11 On February 25, 1974 and the Second Amendment 12 On April 2, 1980.
1 RS 0.831.109.136.1
2 RS 0.831.109.136.121
3 RS 0.831.109.136.122
4 RS 0.837.913.6
5 RS 0.837.913.61
6 RS 0.831.109.332.2
7 RO 1983 1369
8 RS 0.831.109.454.2
9 RS 0.831.109.454.22
10 RS 0.831.109.454.21
11 RS 0.831.109.454.211
12 RS 0.831.109.454.24
(referred to in s. 18, para. 2)
Denmark
Estonia
(This statement shall be valid for the period referred to in Art. 87, para. 10 Bis )
Ireland
Spain
(This statement shall be valid for the period referred to in Art. 87, para. 10 Bis )
Italy
(This statement shall be valid for the period referred to in Art. 87, para. 10 Bis )
Lithuania
(This statement shall be valid for the period referred to in Art. 87, para. 10 Bis )
Hungary
(This statement shall be valid for the period referred to in Art. 87, para. 10 Bis )
Netherlands
(This statement shall be valid for the period referred to in Art. 87, para. 10 Bis )
Finland
Sweden
United Kingdom
(art. 27, para. 2)
Belgium
Bulgaria
Czech Republic
Germany
Greece
Spain
France
Cyprus
Luxembourg
Hungary
Austria
Poland
Slovenia
Sweden
Switzerland
(art. 28, para. 2)
Belgium
Germany
Spain
France
Luxembourg
Austria
Portugal
(art. 44, para. 1)
Full disability pension for persons whose total disability occurred before the age of 18 years and who were not insured for the required period (s. 42 of Act No. O 155/1995 on pension insurance).
Second part, chap. 17, of the 2005 Consolidated Act on Social Protection
The legislation on the agricultural insurance scheme (Organisation des assurances agricoles) introduced by law n O 4169/1961.
Disability pensions (third group) under s. 16, para. 1 and 2, of the Act of 1 Er January 1996 on state pensions.
From 1 Er January 2012, in accordance with the 2011 CXCI Act on Allowances for Persons whose fitness for work has changed and amendments to certain other Acts:
The invalidity pension of a person who became disabled while a dependent child or during full-time doctoral studies before the age of 26 and who is still considered to have completed the required period of insurance (art. 70, para. 2, art. 72, para. 3, and art. 73, para. 3 and 4, of Act No. O 461/2003 on social insurance, as amended).
National pensions in favour of persons with disabilities of birth or whose disability has been affected precociously (National Pensions Act, 568/2007).
Disability pensions determined under the transitional rules and granted before 1 Er January 1994 (Law implementing the National Pensions Act, 569/2007).
The income-related sickness benefit and the replacement allowance [chap. 34 of the Social Insurance Code (2010:110)).
Employment and Support Allowance (UK)
1 Update according to Art. 1 ch. 1 of R (EU) n O 1224/2012 of the Commission of 18 Dec. 2012, in force for Switzerland since 1 Er Jan 2015 ( RO 2015 353 ).
(art. 46 para. 3)
| Member States |
Schemes applied by the institutions of the Member States which have taken the decision recognising the degree of invalidity |
Schemes applied by the Belgian institutions to which the decision is required in case of agreement |
|||||
| General regime |
Regime for minors |
Sailor regime |
Ossom |
||||
| General Invalidity |
Professional Invalidity |
||||||
| France |
General arrangements: |
||||||
|
Concordance |
Concordance |
Concordance |
Concordance |
Mismatch |
||
|
|||||||
|
|||||||
| 2. Agricultural regime |
|||||||
|
Concordance |
Concordance |
Concordance |
Concordance |
Mismatch |
||
|
|||||||
|
|||||||
| 3. Regime for minors: |
|||||||
|
|
Concordance |
Concordance |
Concordance |
Mismatch |
||
|
|||||||
|
Mismatch |
Mismatch |
Concordance |
Mismatch |
Mismatch |
||
| 4. Sailors: |
|||||||
|
Concordance |
Concordance |
Concordance |
Concordance |
Mismatch |
||
|
|||||||
| Italian |
General arrangements: |
||||||
|
Mismatch |
Concordance |
Concordance |
Concordance |
Mismatch |
||
|
|||||||
| 2. Sailors: |
|||||||
|
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
||
| Member States |
Schemes applied by the institutions of the Member States which have taken the decision recognising the degree of invalidity |
Regimes applied by the French institutions to which the decision is required in case of agreement |
|||||||||||
| General regime |
Agricultural regime |
Regime for minors |
Sailor regime |
||||||||||
| Group I |
Group II |
Third Party Group III |
Invalidity of two thirds |
Total Invalidity |
Third Party |
General invalidity of two thirds |
Third Party |
Professional Invalidity |
General invalidity of two thirds |
Total Professional Invalidity |
Third Party |
||
| Belgium |
General scheme |
Concordance |
Mismatch |
Mismatch |
Concordance |
Mismatch |
Mismatch |
Concordance |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
| 2. Regime for minors |
|||||||||||||
|
Concordance |
Mismatch |
Mismatch |
Concordance |
Mismatch |
Mismatch |
Concordance |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
|
|
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Concordance 1 |
||||
| 3. Marine regime |
Concordance 2 |
Mismatch |
Mismatch |
Concordance 28 |
Mismatch |
Mismatch |
Concordance 28 |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
|
| Italy |
General scheme |
||||||||||||
|
Concordance |
Mismatch |
Mismatch |
Concordance |
Mismatch |
Mismatch |
Concordance |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
|
|
Concordance |
Mismatch |
Mismatch |
Concordance |
Mismatch |
Mismatch |
Concordance |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
|
| 2. Marine regime |
|||||||||||||
|
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
Mismatch |
| Member States |
Schemes applied by the institutions of the Member States which have taken the decision recognising the degree of invalidity |
Regimes applied by the Italian institutions to which the decision is required in case of agreement |
|||
| General regime |
Marins unfit for navigation |
||||
| Workers |
Employees |
||||
| Belgium |
General scheme |
Mismatch |
Mismatch |
Mismatch |
|
| 2. Regime for minors |
|||||
|
Concordance |
Concordance |
Mismatch |
||
|
Mismatch |
Mismatch |
Mismatch |
||
| 3. Marine regime |
Mismatch |
Mismatch |
Mismatch |
||
| France |
General scheme |
||||
|
Concordance |
Concordance |
Mismatch |
||
| 2. Agricultural regime |
|||||
|
Concordance |
Concordance |
Mismatch |
||
| 3. Regime for minors |
|||||
|
Concordance |
Concordance |
Concordance |
||
|
Mismatch |
Mismatch |
Mismatch |
||
| 4. Marine regime |
|||||
|
Mismatch |
Mismatch |
Mismatch |
||
|
|||||
1 Only if the Belgian institution acknowledged that the worker was unfit for work underground or on the ground level.
2 Provided that the invalidity recognised by the Belgian institutions is the general invalidity.
(art. 52, para. 4 and 5)
All applications for pensions provided for in the Social Pension Act, with the exception of pensions mentioned in Annex IX.
All requests for state pensions (transitional), state pensions (contributory) or widowhood pensions (contributory).
All applications for old age, disability or widowhood.
All applications for social insurance survival pensions, calculated on the basis of the basic amount of the survivor's pension (Social Insurance of the State Pensions Act).
All applications for old-age pensions under the general old-age insurance law (AOW).
All applications for disability pensions, old-age pensions under the scheme based on the principle of defined benefit and survivor's pensions.
All applications for invalidity, old age and survival pensions, with the exception of cases where the total duration of the periods of insurance completed under the legislation of more than one Member State is equal to or greater than 21 calendar years, where the duration of the National insurance periods is equal to or less than 20 years and the calculation is made in accordance with the provisions of s. 32 and 33 of Legislative Decree No. O 187/2007 of 10 May 2007.
All applications for pensions, benefits for widows or in the event of death, other than those for which, in a fiscal year beginning on or after April 6, 1975:
All requests for supplementary pensions paid in accordance with s. 44 of the Social Security Contributions and Benefits Act 1992, and s. 44 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
All applications for old-age, survivors and invalidity pensions under the basic scheme (Federal law on old-age and survivors insurance) 2 And Federal Disability Insurance Act 3 ) As well as old-age pensions under the compulsory occupational pension scheme (Federal law on old-age pension, survivors and invalidity pension) 4 ).
Old-age pensions from compulsory supplementary retirement insurance under Part II, Title II, of the Social Insurance Code.
Compulsory old-age pension scheme by capitalisation.
Basic plans or supplementary schemes in which old-age benefits are calculated on the basis of pension points.
Old-age pensions (Law on state pensions of 1 Er January 1996; Law on pensions financed by the State of 1 Er July 2001).
Pension benefits based on membership of private pension funds.
Old age pensions under the scheme based on the defined contribution principle.
The supplementary pensions under the Decree-Law n O 26/2008 of February 22, 2008 (public funding regime)."
2. In Annex IX, Part I, the section "Netherlands" is amended as follows:
Pension resulting from compulsory supplementary pension insurance.
Compulsory old-age pension compulsory.
Income-related pension and premium pension [chap. 62 and 64 of the Social Security Code (2010:110)).
Proportional old-age benefits paid in accordance with art. 36 and 37 of the National Insurance Act 1965 and ss. 35 and 36 of the National Insurance Act (Northern Ireland) 1966.
Old-age, survivors and invalidity pensions under the compulsory occupational pension scheme (Federal Act on old-age pension, survivors and invalidity).
1 Update according to Art. 1 ch. 1 of R (EU) n O 1244/2010 of the Commission of 9 Dec. 2010, ( RO 2015 343 ) And art. 1 ch. 2 of R (EU) n O 1224/2012 of the Commission of 18 Dec. 2012, in force for Switzerland since 1 Er Jan 2015 (RO) 2015 353).
2 RS 831.10
3 RS 831.20
4 RS 831.40
Benefits under the general invalidity scheme, the special invalidity scheme for minors and the special regime of merchant seafarers.
Benefits under the insurance against incapacity for work in favour of persons engaged in self-employment.
Disability benefits in the overseas social security scheme and the invalidity scheme for former employees of the Belgian Congo and Rwanda-Urundi.
The whole of the Danish old-age pension acquired after ten years of residence by the persons who would have been entitled to a pension at the latest by 1 Er October 1989.
Type A disability pension.
Benefits under the provisions of the Act n O 4169/1961 on the agricultural insurance scheme (OGA).
Survivors' pensions granted under the general scheme and special schemes, with the exception of the special scheme for civil servants.
The invalidity pension under the general French social security scheme or the scheme of agricultural workers.
The pension of widow or widower of the French general scheme of social security or of the scheme of agricultural workers when calculated on the basis of a deceased spouse's invalidity pension, wound up pursuant to s. 47, para. 1, let. (a).
Disability pensions (third group) under s. 16, para. 1 and 2, of the Act of 1 Er January 1996 on state pensions.
The Law on Disability Insurance of 18 February 1966, as amended (WAO).
The law on the incapacity for work insurance of non-employees of 24 April 1997, as amended (WAZ).
The Law on the General Survivors Insurance of 21 December 1995 (ANW).
Labour and Income Act according to the working capacity of 10 November 2005 (WIA).
National pensions paid to persons with disabilities of birth or whose disability has been affected precociously (National Pensions Act, 568/2007).
National pensions and pensions for spouses calculated according to the transitional rules and granted before 1 Er January 1994 (Law implementing the National Pensions Act, 569/2007).
The orphan's pension supplement when calculating the autonomous benefit under the national pension law (National Pensions Act, 568/2007).
The income-related sickness benefit and the replacement allowance [chap. 34 of the Social Insurance Code (2010:110)).
The guaranteed pension and the Swedish guaranteed allowance which have replaced the full Swedish basic pensions granted under the applicable basic pension legislation before 1 Er January 1993 and the full basic pension granted under the transitional provisions of the legislation applicable since that date.
Disability and survivor's pensions for which an additional period is taken into account.
Old-age pensions for which an additional period already acquired is taken into account.
The retirement or cessation of activities for permanent incapacity (invalidity) of the special scheme of officials under Title I of the Consolidated Text of the Law on Pensioners and Pensioners of the State if, at the time of the The employee was in active employment or in an assimilated situation; death and survivors' pensions (pensions paid to widowers, orphans or parents) covered by the Title I of the Consolidated Text of the Law on Pensioners and Pensioners of the State if, at the time of death, the Was in operation or in an assimilated situation.
Italian pensions for total incapacity for work (inabilità).
Survivor's pension calculated on the basis of deemed insurance periods (art. 23, para. 8, of the Act of 1 Er January 1996 on state pensions).
Disability pensions and survivors.
Employees' pensions for which future periods are taken into account in accordance with national legislation.
The sickness benefit and the replacement allowance in the form of guaranteed benefit (chap. 35 of the Social Insurance Code (2010:110)).
Survivor's pension calculated on the basis of assumed insurance periods [chap. 84 of the Social Security Code (2010:110)).
Survivors' pensions and invalidity pensions under the compulsory occupational pension scheme (Federal Act on old-age pension, survivors and invalidity).
The Agreement on Social Security of 28 April 1997 between the Republic of Finland and the Federal Republic of Germany.
The Agreement on Social Security of 10 November 2000 between the Republic of Finland and the Grand Duchy of Luxembourg.
The Nordic Convention on Social Security of 18 August 2003.
1 Update according to Art. 1 ch. 2 of R (EU) n O 1244/2010 of the Commission of 9 Dec. 2010, ( RO 2015 343 ) And art. 1 ch. 3 R (EU) n O 1224/2012 of the Commission of 18 Dec. 2012, in force for Switzerland since 1 Er Jan 2015 (RO) 2015 353).
(art. 70, para. 2, let. (c)
Old age social pension (art. 89 of the Social Insurance Code).
Social allowance (law n O 117/1995 on State Social Assistance).
Assistance for housing in favour of pensioners (Law on aid for individual housing, codified by law n O 204 of 29 March 1995).
Special benefits for the elderly (Law 1296/82).
Income for people with severe disabilities (art. 1, para. 2, of the Act of 12 September 2003), with the exception of persons recognised as disabled workers who are employed in the ordinary labour market or in a sheltered workshop.
Compensatory supplement [Federal Act of 9 September 1955 concerning general social insurance (ASVG), Federal Act of 11 October 1978 concerning social insurance for persons engaged in industrial or commercial activity (GSVG) and law Government of 11 October 1978 on Social Insurance for Farmers (BSVG)].
Social pension (Act of 27 June 2003 on social pensions).
1 Update according to Art. 1 ch. 12 of R (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012, in force for Switzerland since 1 Er Jan 2015 ( RO 2015 345 ).
2 RS 831.30 . Currently: LF of 6 Oct. 2006
(art. 51, para. 3, art. 56, para. 1, and art. 83)
Art. 33, para. 1, of the Bulgarian Health Insurance Act applies to any person whose competent Member State is Bulgaria under Title III, chap. 1, of this Regulation.
For the purposes of defining "family members" in accordance with s. 1, point (i), "spouse" also means the registered partner as defined by law n O 115/2006 relating to the registered partnership.
3. The interim benefit paid to unemployed persons who have been admitted to the "flexjob" scheme (ledighedsydelse) (law n O 455 of 10 June 1997) falls under the provisions of Title III, chap. 6, of this Regulation. As regards the unemployed travelling to another Member State, the provisions of Art. 64 and 65 shall apply where the Member State concerned has similar employment schemes for the same category of persons.
4. If the beneficiary of a Danish social pension is also entitled to a survivor's pension from another Member State, such pensions shall be regarded, for the purposes of the Danish legislation, as benefits of the same kind within the meaning of Art. 53, para. 1, of this Regulation, provided, however, that the person whose periods of insurance or residence serve as the basis for the calculation of the survivor's pension also acquired a right to a Danish social pension.
1. Without prejudice to s. 5, let. (a), the regulations and the art. 5, para. 4 (1) of Volume VI of the Social Code (Sozialgesetzbuch VI), a person receiving a full old-age pension under the legislation of another Member State may apply to be affiliated to compulsory insurance under the scheme German pension insurance.
2. Without prejudice to s. 5, point (a), of this Regulation and of Art. 7 of Volume VI of the Social Code (Sozialgesetzbuch VI), any person affiliated with compulsory insurance in another Member State or collecting old-age pension under the legislation of another Member State may join the scheme Of voluntary insurance in Germany.
3. For the purpose of providing cash benefits referred to in s. 47, para. 1, volume V, and art. 47, para. 1, Volume VII of the Social Code and Art. 200, para. 2, from the German Social Insurance Code (Reichsversicherungsordnung-RVO) to insured persons residing in another Member State, the German insurance plans calculate net remuneration, which is used to determine the amount of the benefits, as if The insured person was resident in Germany, unless he requests that the amount be determined on the basis of the net remuneration that he actually collects.
4. Nationals of other Member States whose habitual residence or place of residence is outside Germany and who comply with the general conditions of the German pension insurance scheme may not make voluntary contributions to this The present provisions also apply to stateless persons and refugees whose habitual residence or place of residence is situated in another Member State.
5. The lump sum period (pauschale Anrechnungszeit), pursuant to Art. 253 of Volume VI of the Social Code (Sozialgesetzbuch VI), is determined solely on the basis of German periods.
6. In cases where the German pension legislation in force on 31 December 1991 is applicable for the purpose of the revision of a pension, only German legislation applies for the credit of assimilated periods (Ersatzzeiten).
The German legislation on accidents at work and occupational diseases, the compensation of which falls under the rules governing foreign pensions, as well as benefits for periods of insurance which may be covered by Account under the rules governing foreign pensions in the territories listed in s. 1, para. 2 (3) of the Displaced Persons Act (Bundesvertriebenengesetz), continues to apply to the matters covered by this Regulation, notwithstanding the provisions of Art. 2 of the Foreign Pensions Act (Fremdrentengesetz).
8. For the calculation of the theoretical amount referred to in s. 52, para. 1, let. (b) c. (i) of this Regulation, in the pension schemes of the professions which have created their own chambers, the competent institution shall, for each of the years of insurance completed under the legislation of any other Member State, take the rights Annual average pension earned by year thanks to contributions paid during periods of affiliation to the competent institutions.
For the calculation of parental allowances, periods of employment completed in another Member State shall be deemed to be based on the average amount of social expenses paid during the periods of employment in Estonia with which they are Totalled. If, during the reference year, the person concerned has been employed only in other Member States, the calculation of the benefit is based on the average amount of social expenses paid in Estonia between the reference year and the maternity leave.
1. Notwithstanding ss. 21, para. 1, and art. 62 of this Regulation, for the purposes of calculating the estimated weekly income of an insured person for the purpose of granting sickness or unemployment benefit under Irish law, an amount equivalent to the average weekly wage of the Employees during the reference year concerned shall be paid on the account of that insured person, for each week of employment performed as an employed person under the legislation of another Member State, during that period. Reference year.
2. In cases where s. 46 of this Regulation shall apply, where the person concerned is in a position of incapacity for work followed by invalidity while he is subject to the legislation of another Member State, in accordance with Art. 118, para. 1, let. A), of the Social Welfare Consolidation Act of 2005, Ireland takes into account all the periods during which the person concerned would have been considered, for the disability that followed the incapacity of the Work, as being unable to work under Irish law.
1. Law n O 1469/84 on the voluntary membership of the pension insurance scheme for Greek nationals and foreign nationals of Greek origin is applicable to nationals of other Member States, stateless persons and refugees when the The person concerned, irrespective of the place of residence or residence, has in the past been a compulsory or voluntary member of the Greek pension insurance scheme.
2. Without prejudice to s. 5, let. (a), these Regulations and s. 34 of Act No. O 1140/1981, a person receiving a pension under the legislation of another Member State on account of a work accident or occupational disease may apply to be affiliated to compulsory insurance under the legislation Applied by the Agricultural Insurance Organisation (OGA), to the extent that it carries out an activity falling within the scope of this legislation.
1. For the purposes of applying the provisions of s. 52, para. 1, let. (b) c. (i) of these Regulations, the years that are not available to the worker to reach the age of voluntary or compulsory retirement, as referred to in s. 31, para. 4, of the consolidated text of the "Ley de Clases Pasivas del Estado" (Law on Pensioners and Pensioners of the State), will be taken into account as periods of service actually completed only if, at the time of realization of the risk opening To the invalidity or death pension, the beneficiary was subject to the special scheme of the Spanish civil servants or carried on an activity assimilated under that scheme or if, at the time of the implementation of the risk, he carried out an activity which, if it Had been exercised in Spain, would have had the effect of obligatorily having it covered by the scheme A special state for civil servants, the special state regime for the armed forces or the special state regime for the staff of the judicial administration.
3. Periods completed in other Member States which are to be taken into account in the special scheme of civil servants, the special regime of the armed forces and the special arrangements of the staff of the judicial administration shall be assimilated to the Application of s. 56 of this Regulation, for the periods closest to, in time, completed as an official in Spain.
4. The additional amounts based on the age referred to in the second transitional provision of the General Social Security Act shall apply to all beneficiaries of the Regulation who have contributions on their behalf under the legislation Spanish prior to 1 Er January 1967; it is not possible, pursuant to s. 5 of this Regulation, to treat periods of insurance taken into account in another Member State before the abovementioned date as if they were contributions paid in Spain, for the sole purposes of this Regulation. The date corresponding to 1 Er January 1967 is 1 Er August 1970 for the Sailors Special Regime and 1 Er April 1969 for the special social security scheme for coal miners.
1. ...
2. For persons receiving benefits in kind in France under s. 17, 24 or 26 of this Regulation, which is resident in the French departments of the Haut-Rhin, the Bas-Rhin or the Moselle, the benefits in kind paid on behalf of the institution of another Member State which is obliged to bear the cost Include benefits provided by both the general sickness insurance scheme and the compulsory supplementary local health insurance scheme of Alsace-Moselle.
3. The French legislation applicable to a person who is employed or employed as an employed or self-employed person for the purposes of Title III, c. 5 of this Regulation shall be jointly defined as the basic old-age insurance plan (s) and the supplementary pension plan (s) to which the person concerned has been affiliated.
For the purposes of applying the provisions of s. 6, 51 and 61 of this Regulation, for any period beginning on 6 October 1980, a week of insurance under the law of Cyprus shall be determined by dividing the total amount of the income subject to assessment corresponding to the period Concerned by the weekly amount of basic income subject to assessment in the relevant fiscal year, provided that the number of weeks so fixed does not exceed the number of calendar weeks in the period in question.
Special provisions applicable to civil servants
1. Health Care Insurance
2. Application of Algemene Ouderdomswet (AOW) (General Old Age Insurance Act)
3. Application of Algemene nabestaandenwet (ANW) (General Law on Survivors)
4. Implementation of Dutch legislation on incapacity for work
1. For the purpose of acquiring pension insurance periods, attendance at a school or comparable educational institution in another Member State shall be deemed to be equivalent to attendance at a school or educational institution Pursuant to s. 227, para. 1, first paragraph, and art. 228, para. 1, third paragraph, of the Allgemeines Sozialversicherungsgesetz (ASVG) (General Social Insurance Act), art. 116, para. 7, of the Gewerbliches Sozialversicherungsgesetz (GSVG) (Federal Law on the Social Insurance of Persons Working in Commerce) and Art. 107, para. 7, of the Bauern-Sozialversicherungsgesetz (BSVG) (Law on Farmers' Social Insurance), where the person concerned was given time to the Austrian legislation on the ground that he was employed as an employed person or not Employee, and the special bonuses provided for in s. 227, para. 3, from the ASVG, to s. 116, para. 9, GSVG and s. 107, para. 9, the BSGV is paid for the acquisition of such educational periods.
2. For the purpose of calculating the Pro-rata Referred to in s. 52, para. 1, let. (b) of this Regulation, account shall not be taken of the special increases in contributions paid in order to benefit from supplementary insurance and supplementary benefits from the mining scheme provided for in the Austrian legislation. In such cases, these unreduced increases will be in addition, if any, to the Pro-rata Calculated without these contributions.
3. Where, pursuant to s. 6 of this Regulation, periods assimilated to periods of the Austrian pension insurance scheme have been completed but cannot constitute a basis for calculation in accordance with Art. 238 and 239 of the Allgemeines Sozialversicherungsgesetz (ASVG) (General Law on Social Security), art. 122 and 123 of the Gewerbliches Sozialversicherungsgesetz (GSVG) (Federal Law on the Social Insurance of Persons Working in Commerce) and Art. 113 and 114 of the Bauern-Sozialversicherungsgesetz (BSVG) (Farmers' Social Security Act), it is the basis of calculation for periods of child care in accordance with art. 239 of the ASVG, s. 123 of GSVG and Art. 114 of the BSVG used.
1. For the determination of rights and the calculation of the amount of the Finnish national pension provided for in Art. 52 to 54 of this Regulation, pensions acquired under the legislation of another Member State shall be taken into account in the same manner as the pensions acquired under the Finnish legislation.
2. For the purposes of the provisions of s. 52, para. 1, let. (b) c. (i) of this Regulation, and the calculation of income corresponding to the fictitious period under Finnish legislation on income-based pensions, where a person has periods of insurance in respect of an activity carried on As an employed or self-employed person in another Member State for part of the reference period provided for in the Finnish legislation, the income corresponding to the fictitious period is equivalent to the sum of the income obtained During the part of the reference period spent in Finland, divided by the number of months of the Period of reference during which insurance periods have been completed in Finland.
1. Where a parental allowance is paid in accordance with the provisions of Art. 67 of this Regulation to a family member who is not an employee, this is the basic amount or the lowest level.
2. The following provision shall apply to the calculation of the amount of parental leave allowance in accordance with chap. 4, para. 6, of the Act (1962: 381) on general insurance (Lag om allmän försäkring), for persons entitled to an allowance for parental leave on the basis of professional activity:
For a parent for whom the income qualifying for sickness benefits is calculated on the basis of income from professional activities in Sweden, the requirement to have been insured for sickness benefits above the minimum level For at least 240 consecutive days before the birth of the child is deemed to be satisfied if, during the period mentioned, that parent had, in another Member State, income of professional origin corresponding to insurance above the Minimum level.
3. The provisions of this Regulation relating to the aggregation of periods of insurance and periods of residence shall not apply to the transitional provisions of the Swedish legislation concerning the right to pension guaranteed for Persons born in or before that date and residing in Sweden for a specified period before the application for pension (Law 2000: 798).
4. The following provisions apply to the calculation of income for the determination of sickness benefit and income-related fictitious replacement allowance in accordance with chap. General Insurance Act (1962: 381) (Lag om allmän försäkrings):
Where, under the legislation of the United Kingdom, a person is entitled to a retirement pension if:
2. For the purposes of applying s. 6 of this Regulation to the provisions governing entitlement to aid allowance (attendance allowance), allowance for care of disabled persons and subsistence allowance in the event of incapacity, period of employment, self-employment Or residence completed in the territory of a Member State other than the United Kingdom shall be taken into account in so far as it is necessary to comply with the conditions relating to compulsory periods of presence in the United Kingdom, before the date of The right to the allowance in question.
3. For the purposes of applying s. 7 of this Regulation, in the event of invalidity, old-age and survivor benefits in cash, pensions for accidents at work, occupational diseases or death grants, the beneficiary of a benefit payable under the Legislation in the United Kingdom, which resides in the territory of another Member State, is considered, during the period of that stay, as if it were resident in the territory of that other Member State.
4. In cases where s. 46 of this Regulation shall apply and where the person concerned is in a position of incapacity for work followed by invalidity while he is subject to the legislation of another Member State, the United Kingdom, in accordance with Art. 30A, para. 5, of the Social Security Contributions and Benefits Act of 1992, takes into account all the periods during which the person concerned has received for that incapacity for work, under Of the legislation of the other Member State:
For the purposes of this provision, account shall only be taken of periods during which the person concerned has been unable to work within the meaning of the legislation of the United Kingdom.
3. For the conversion of the income factor into periods of insurance, the income factor obtained during the taxation year on reference income, as defined in the legislation of the United Kingdom, is divided by the amount of the lower limit of income Set for that taxation year. The quotient obtained is expressed as an integer, ignoring the decimals. The number thus calculated shall be regarded as representing the number of weeks of insurance completed under the legislation of the United Kingdom during that taxation year, on the understanding that the number of insurance weeks may not exceed the number of weeks during the taxation year. Which, during that taxation year, the person concerned has been subject to that legislation.
1. Art. 2 of the Federal Act on Old Age and Survivors Insurance and Art. 1 of the Federal Disability Insurance Act, which governs optional insurance in those insurance branches for Swiss nationals resident in a State to which this Agreement does not apply, shall apply to persons resident Outside Switzerland who are nationals of other States to which this Agreement applies, as well as to refugees and stateless persons residing in the territory of those States, where such persons declare their accession to the optional insurance at most Later than one year from the day on which they ceased to be covered by the insurance Old age, survivors and invalidity after an uninterrupted period of insurance of at least five years.
2. When a person ceases to be covered by the Swiss old-age, survivors and invalidity insurance after an uninterrupted period of insurance of at least five years, the person shall have the right to continue the insurance with the agreement of the employer, if Shall work in a State to which this Agreement does not apply on behalf of an employer in Switzerland and if it so requests within six months from the day on which it ceases to be insured.
3. Compulsory insurance in Swiss health insurance and possible exemptions
4. Where a person subject to Swiss law under Title II of the Regulation is subject, for sickness insurance, in accordance with point 3, let. (b) the legal provisions of another State falling within the scope of this Agreement, the costs of benefits in kind in the event of a non-professional accident shall be apportioned in half between the Swiss insurance body covering the Occupational and non-occupational accidents and occupational diseases and the competent health insurance body of the other State, where there is a right to benefit from both bodies. The Swiss insurer competent for professional and non-professional accidents and occupational diseases is responsible for all costs in the event of a professional accident, accident on the way of work or sickness Even if there is a right to benefit from a sickness insurance organisation in the country of residence.
5. Persons who work in Switzerland but who do not reside in Switzerland and are covered by compulsory insurance in their State of residence under point 3, let. (b), as well as members of their families, benefit from the provisions of s. 19 of the Regulation during their stay in Switzerland.
6. For the purposes of applying s. 18, 19, 20 and 27 of the Regulation in Switzerland, the competent insurer covers all costs invoiced.
7. The periods of insurance of daily allowances completed in the insurance of another State to which this Agreement applies shall be taken into account in order to reduce or remove a reservation in the insurance of daily allowances in the case of Maternity or sickness insurance when the person is insured with a Swiss insurer within three months of leaving the foreign insurance.
8. Where a person who was employed in Switzerland as a gainful or self-employed person covering his or her vital needs had to cease his activity as a result of an accident or illness and is no longer subject to Swiss insurance law Disability, it is considered to be covered by that insurance for the grant of rehabilitation measures up to the payment of a disability pension and during the period during which it benefits from those measures, provided that it does not No new activity outside Switzerland.
Table of Contents
Definitions S. 1
Personal scope Art. 2
Material scope Art. 3
Equal treatment Art. 4
Assimilation of benefits, income, facts or events Art. 5
Tabling of Periods Art. 6
Waiving of residence clauses Art. 7
Relationship between this Regulation and other instruments of coordination Art. 8
Declarations by the Member States concerning the scope of this Regulation Art. 9
Non-cumulation of benefits Art. 10
General Rules Art. 11
Specific Rules Art. 12
Exercise in two or more Member States Art. 13
Voluntary insurance or continuing optional insurance Art. 14
Contract agents of the European Communities Art. 15
Derogations from Art. 11 to 15 Art. 16
Residence in a Member State other than the competent Member State Art. 17
Stay in the competent Member State while the residence is in another Member State-Specific provisions applicable to members of the family of frontier workers Art. 18
Stay outside the competent Member State Art. 19
Travel for purposes of benefits in kind-Authorization to receive treatment adapted outside the Member State of residence Art. 20
Cash benefits Art. 21
Pension Applicants Art. 22
Right to benefits in kind under the law of the Member State of residence Art. 23
No right to benefits in kind under the law of the Member State of residence Art. 24
Pensions covered by the legislation of one or more Member States other than the Member State of residence while the person concerned enjoys benefits in kind in a Member State other than the Member State of residence Art. 25
Members of the family residing in a Member State other than the Member State in which the pension holder resides Art. 26
Stay of the pension holder and members of his family in a Member State other than the Member State of residence-Stay in the competent Member State-Authorisation to receive the necessary care outside the Member State of residence Art. 27
Specific provisions applicable to retired frontier workers Art. 28
Cash benefits paid to pension holders Art. 29
Pension Holder's Contributions Art. 30
General provision Art. 31
Priority rules for entitlement to benefits in kind-Specific provision for the right to benefits of family members in the Member State of residence Art. 32
Benefits in kind of great importance Art. 33
Accumulation of Long Term Care Benefits Art. 34
Reimbursements between institutions Art. 35
Right to benefits in kind and in cash Art. 36
Transportation costs Art. 37
Benefits for occupational disease where the victim has been exposed to the same risk in several Member States Art. 38
Aggravation of occupational disease Art. 39
Rules to take account of the particularities of legislation Art. 40
Reimbursement between institutions Art. 41
Entitlement to allowances where death occurs or where the beneficiary resides in a Member State other than the competent Member State Art. 42
Service of benefits in the event of death of the holder of a pension Art. 43
Persons subject exclusively to legislation of type A Art. 44
Special provisions for totalizing periods Art. 45
Persons subject to either type B legislation or to type A and B legislation Art. 46
Aggravation of disability Art. 47
Conversion of invalidity benefits into old-age benefits Art. 48
Special provisions for civil servants Art. 49
General provisions Art. 50
Special provisions for totalizing periods Art. 51
Liquidation of benefits Art. 52
Rules anticumul Art. 53
Accumulation of benefits of the same kind Article 54
Accumulation of benefits of a different nature Art. 55
Additional provisions for the calculation of benefits Art. 56
Periods of insurance or residence less than one year Art. 57
Assignment of a Supplement Art. 58
New calculation and recovery of benefits Art. 59
Special provisions for civil servants Art. 60
Specific rules on the aggregation of periods of insurance, employment or self-employment Art. 61
Calculation of benefits Art. 62
Special provisions for the lifting of residence clauses Art. 63
Unemployed persons travelling to another Member State Art. 64
Unemployed persons who resided in a Member State other than the competent State Art. 65
Special provisions concerning frontier workers who are not employed in full unemployment, where there is no unemployment benefit scheme covering persons who are not employed in the Member State of residence Art. 65 Bis
Benefits Sec. 66
Family members residing in another Member State Art. 67
Priority rules in case of cumulation Art. 68
Service of benefits Art. 68 Bis
Additional provisions Art. 69
General provisions Art. 70
Composition and functioning of the Administrative Committee Art. 71
Tasks of the Administrative Commission Art. 72
Technical Commission for the Processing of Information Art. 73
Commission of Auditors Art. 74
Advisory Committee on the Coordination of Social Security Systems Art. 75
Cooperation Art. 76
Protection of personal data Art. 77
Electronic Processing of Information Art. 78
Financing of actions in the field of social security Art. 79
Exemptions Art. 80
Applications, Declarations or Appeals Art. 81
Medical Consultant Art. 82
Application of legislation Art. 83
Recovery of Contributions and Repetition of Benefits Art. 84
Rights of institutions Art. 85
Bilateral agreements Art. 86
Transitional provisions Art. 87
Transitional provisions for the application of Regulation (EU) No 465/2012 Art. 87 Bis
Updating of Annexes Art. 88
Implementing Regulations Art. 89
Repeal Art. 90
Entry into force Art. 91
1 Update according to Art. 1 ch. 12 of R (EU) n O 465/2012 of the European Parliament and of the Council of 22 May 2012, in force for Switzerland since 1 Er Jan 2015 ( RO 2015 345 ).
