Articles 12(2) and 46 of Regulation No 1408/71 do not preclude the application of a national rule against overlapping benefits when determining a pension in accordance with national legislation alone. However, those articles do preclude such application when determining a pension under Article 46.
When calculating a pension under Article 46, the rule against overlapping benefits laid down in Article 46(3), the purpose of which is to avoid unjustified overlapping which could result in particular from the duplication of insurance periods and other periods treated as such, does not apply to a person who worked in two Member States during one and the same period and was compelled to pay old-age pension insurance contributions in both States during that period. In that situation the pension granted to him in one Member State cannot be reduced on the ground that he is simultaneously in receipt of a pension in another Member State.
Citations:
C-31/92, [1993] EUECJ C-31/92
Links:
Jurisdiction:
European
Benefits
Updated: 21 June 2022; Ref: scu.160861
