Europa 1. Free movement of persons – migrant workers – old-age and death (pensions) insurance – calculation of benefits – application of the system provided for by articles 27 and 28 of regulation no 3 – the beneficiary’s objective situation to be considered 2. Free movement of persons – migrant workers – old-age and death (pensions) insurance – system based on insurance periods – amount of retirement pension varying solely according to insurance periods completed – right to a pension acquired by a claimant without aggregation of completed periods – articles 27 and 28 of regulation no 3 not applicable 3. Free movement of persons – migrant workers – old-age and death (pensions) insurance – right to a pension acquired by a claimant without aggregation of completed periods – accumulation of benefits as a result of overlapping of insurance periods actually completed in one state with notional periods in another state – possibility for that second state to deduct notional periods from periods actually completed – exclusive competence of the national authority 1. Cf. Paragraph 1, summary, case 11/67. (1967) ECR 379. The application to a migrant worker of the provisions of articles 27 and 28 of regulation n. 3 does not depend upon the free choice of the person concerned but upon his objective situation. */ 667j0011 /*. 2. Cf. Paragraph 2, summary, case 11/67. (1967) ECR 379. At least in those systems based on insurance periods under which the amount of the retirement pension varies in proportion solely to the insurance periods which have been completed articles 27 and 28 of regulation n. 3 do not apply to a migrant worker who, in order to acquire the right to benefit, does not have to resort to aggregation in any of the member states in which he has completed insurance periods. */ 667j0011 /*. 3. When a migrant worker acquires a right to a pension without aggregation of the periods completed and when benefits in respect of insurance periods actually completed in one state are payable in relation to one single period at the same time as benefits in respect of notional periods in another member state, it must be permissible for a state whose legislation provides for notional periods in favour of the insured person to deduct from such periods the periods actually completed in another member state, without its being possible to consider this procedure as contrary to article 51 of the treaty. However, it is for the national authority to which the social security institution is responsible and not the community authority to decide on this on the basis of its own legislation.
Citations:
C-12/67
European
Updated: 10 April 2022; Ref: scu.131841