Europa Social security for migrant workers – invalidity insurance – calculation of benefits – application by analogy with provisions on insurance for old age and death – calculation of the theoretical and actual amount – supplementary period (‘zurechnungszeit’) – inclusion in the calculation of the theoretical amount – exclusion in the calculation of the actual amount (regulation no 1408/71 of the council, art. 46 (2) (a) and (b)). Although the calculation to be carried out under article 46 (2) (a) of regulation no 1408/71 is intended to give a worker the maximum theoretical amount which he could claim if all periods of insurance had been completed in the state in question, the purpose of the calculation under article 46 (2) (b) is solely to apportion the respective burdens of the benefit between the institutions of the member states concerned in the ratio of the length of the periods of insurance completed in each of the said member states before the risk materialized. It follows that if, in order to evaluate the benefit awarded in the event of premature invalidity or death of the insured person, the legislation of a member state provides that the benefit must be calculated in relation to not only periods of insurance completed by the insured person but also in relation to a supplementary period (‘zurechnungszeit’) equivalent to the interval of the time between the age of the insured person at the time at which the risk materialized and the time at which he reached the age of 55, that supplementary period must also be taken into account in the calculation of the theoretical amount referred to in article 46 (2) (a) but not in the calculation of the actual amount referred to in article 46 (2) (b) of regulation no 1408/71.
Citations:
C-793/79
European, Benefits
Updated: 10 April 2022; Ref: scu.132956