ECJ 1 Social security for migrant workers – old-age pension – calculation of benefits – community anti-overlapping rule – application where the theoretical amount is exceeded otherwise than by reason of the duplication of insurance periods (council regulation no 1408/71, art. 46 (3)) 2 social security for migrant workers – old-age pension – calculation of benefits – community anti-overlapping rule – method for reduction of benefits – case where only one institution pays an independent benefit -reduction only of the independent benefit (council regulation no 1408/71, art. 46 (3)) 1. The anti-overlapping rule in article 46 (3) of regulation no 1408/71 applies in all cases in which the total sum of the benefits calculated in accordance with article 46 (1) and (2) exceeds the limit of the highest theoretical amount of pension, even if the exceeding of that limit is not due to the duplication of insurance periods. 2. Where there is only one institution providing an independent benefit for the purposes of article 46 (1) of regulation no 1408/71, that institution alone must reduce its benefit pursuant to the second subparagraph of article 46 (3) and must reduce it by the full amount by which the total sum of the benefits calculated in accordance with article 46 (1) and (2) exceeds the limit referred to in the first subparagraph of article 46 (3).
Citations:
C-323/86
European, Benefits
Updated: 11 April 2022; Ref: scu.134538
