1. Where the legislation of a member state provides for old-age benefits of different kinds, depending on the length of time for which the worker concerned has been affiliated, insurance periods completed successively or alternatively in two or more member states must be aggregated wherever the worker has not completed the number of periods necessary under the legislation of the first state to entitle him to benefit of the more advantageous kind.
2. Where aggregation is necessary, for the purpose of calculating the fraction of the benefit to be borne by the relevant institution, account must be taken of the periods in fact completed by the worker concerned, and not merely those representing the total required in the state in question for entitlement to full benefit.
Citations:
R-28/71, [1971] EUECJ R-28/71
Links:
European, Benefits
Updated: 21 June 2022; Ref: scu.214148
