Europa 1. Free movement of persons – migrant workers – insurance – benefit – aggregation and calculation pro rata – calculation of a pension the right to which is conferred in several member states but which is paid in one state only (regulation no 3, article 28(1)(b) and (f)) 1. Article 51 is intended to confer on a migrant worker the benefit arising from the community regulations without however diminishing the rights which he would have had if those regulations had not been applied. This objective would be disregarded if the worker were obliged, in order to avail himself of the freedom of movement which is guaranteed to him, as a result of the entry into force of the community regulations, to suffer the loss of rights already acquired in one of the member states under that state’s own legislation. 2. Article 28(1)(f) of regulation no 3 of the EEC applies both to cases in which the person concerned does not satisfy the conditions required for the payment of benefit and to cases in which he does not satisfy the conditions for conferment of the right to such benefit. A migrant worker whose rights to an old-age pension have been calculated in accordance with the legislation of two member states under the provisions of article 28(1)(a) and (b) of regulation no 3 of the council of the EEC concerning social security for migrant workers but to whom payment of the fraction of the pension payable by one of them has been suspended, is entitled to obtain from the social security institution of the other member state an amount of pension calculated solely in accordance with the legislation of that state and taking account of the insurance periods completed under that legislation.
Citations:
C-22/67
European, Benefits
Updated: 10 April 2022; Ref: scu.131851