Annexes to COM(1998)779 - Coordination of social security systems

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dossier COM(1998)779 - Coordination of social security systems.
document COM(1998)779 EN
date April 29, 2004
Agreement as last amended by Decision No 2/2003 of the EU-Swiss Committee (OJ L 187, 26.7.2003, p. 55).

(9) OJ L 209, 25.7.1998, p. 46.


ANNEX I

Advances of maintenance payments and special childbirth and adoption allowances

(Article 1(z))

I. Advances of maintenance payments

A. BELGIUM

Advances of maintenance allowances under the law of 21 February 2003 creating a maintenance payments agency within the federal public service, Finance Department

B. DENMARK

Advance payment of child support laid down in the Act on Child Benefits

Advance payment of child support consolidated by Law No 765 of 11 September 2002

C. GERMANY

Advances of maintenance payments under the German law on advances of maintenance payments (Unterhaltsvorschussgesetz) of 23 July 1979

D. FRANCE

Family support allowance paid to a child one of whose parents or both of whose parents are in default or are unable to meet their maintenance obligations or the payment of a maintenance allowance laid down by a court decision

E. AUSTRIA

Advances of maintenance payments under the Federal Law on the grant of advances of child maintenance (Unterhaltsvorschussgesetz 1985 - UVG)

F. PORTUGAL

Advances of maintenance payments (Act No 75/98, 19 November, on the guarantee of maintenance for minors)

G. FINLAND

Maintenance allowance under the Security of Child Maintenance Act (671/1998)

H. SWEDEN

Maintenance allowance under the Maintenance Support Act (1996:1030)

II.   Special childbirth and adoption allowances

A. BELGIUM

Childbirth allowance and adoption grant

B   SPAIN

Single payment birth grants

C. FRANCE

Birth or adoption grants as part of the "early childhood benefit"

D. LUXEMBOURG

Antenatal allowances

Childbirth allowances

E. FINLAND

Maternity package, maternity lump-sum grant and assistance in the form of a lump sum intended to offset the cost of international adoption pursuant to the Maternity Grant Act


ANNEX II

Provisions of conventions which remain in force and which, where applicable, are restricted to the persons covered thereby

(Article 8(1))

The content of this Annex shall be determined by the European Parliament and by the Council in accordance with the Treaty as soon as possible and at the latest by the date of application of this Regulation referred to in Article 91.


ANNEX III

Restriction of rights to benefits in kind for members of the family of a frontier worker

(Article 18(2))

DENMARK

SPAIN

IRELAND

NETHERLANDS

FINLAND

SWEDEN

UNITED KINGDOM


ANNEX IV

More rights for pensioners returning to the competent Member State

(Article 27(2))

BELGIUM

GERMANY

GREECE

SPAIN

FRANCE

ITALY

LUXEMBOURG

AUSTRIA

SWEDEN


ANNEX V

More rights for former frontier workers who return to their previous Member State of activity as an employed or self-employed person (applicable only if the Member State in which the competent institution responsible for the costs of the benefits in kind provided to the pensioner in his Member State of residence is situated also appears on the list)

(Article 28(2))

BELGIUM

GERMANY

SPAIN

FRANCE

LUXEMBOURG

AUSTRIA

PORTUGAL


ANNEX VI

Identification of type A legislation which should be subject to special coordination

(Article 44(1))

A. GREECE

Legislation relating to the agricultural insurance scheme (OGA), under Law No 4169/1961

B. IRELAND

Part II, Chapter 15 of the Social Welfare (Consolidation) Act, 1993

C. FINLAND

Invalidity pensions determined according to the National Pensions Act of 8 June 1956 and awarded under the transitional rules of the National Pensions Act (547/93)

National pensions to persons who are disabled or become disabled at an early age (the National Pensions Act (547/93))

D. SWEDEN

Income-related sickness benefit and activity compensation (Act 1962:381 as amended by Act 2001:489)

E. UNITED KINGDOM

(a)Great Britain

Sections 30A(5), 40, 41 and 68 of the Contributions and Benefits Act 1992.

(b)Northern Ireland

Sections 30A(5), 40, 41 and 68 of the Contributions and Benefits (Northern Ireland) Act 1992.


ANNEX VII

CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY

(Article 46(3) of the Regulation)

BELGIUM

Member StateSchemes administered by institutions of Member States which have taken a decision recognising the degree of invaliditySchemes administered by Belgian institutions on which the decision is binding in cases of concordance
General schemeMiners' schemeMariners' schemeOssom
General invalidityOccupational invalidity
FRANCE
1.General scheme:
–Group III (constant attendance)
ConcordanceConcordanceConcordanceConcordanceNo concordance
–Group II
ConcordanceConcordanceConcordanceConcordanceNo concordance
–Group I
ConcordanceConcordanceConcordanceConcordanceNo concordance
2.Agricultural scheme
–Total, general invalidity
ConcordanceConcordanceConcordanceConcordanceNo concordance
–Two-thirds general invalidity
ConcordanceConcordanceConcordanceConcordanceNo concordance
–Constant attendance
ConcordanceConcordanceConcordanceConcordanceNo concordance
3.Miners' scheme:
–Partial, general invalidity
ConcordanceConcordanceConcordanceConcordanceNo concordance
–Constant attendance
ConcordanceConcordanceConcordanceConcordanceNo concordance
–Occupational invalidity
No concordanceNo concordanceConcordanceNo concordanceNo concordance
4.Mariners' scheme:
–General invalidity
ConcordanceConcordanceConcordanceConcordanceNo concordance
–Constant attendance
ConcordanceConcordanceConcordanceConcordanceNo concordance
–Occupational invalidity
No concordanceNo concordanceNo concordanceNo concordanceNo concordance
ITALY
1.General scheme:
–Invalidity – manual workers
No concordanceConcordanceConcordanceConcordanceNo concordance
–Invalidity – clerical staff
No concordanceConcordanceConcordanceConcordanceNo concordance
2.Mariners' scheme:
–Unfitness for seafaring
No concordanceNo concordanceNo concordanceNo concordanceNo concordance
LUXEMBOURG (1)Workers' invalidity – manual workersConcordanceConcordanceConcordanceConcordanceNo concordance
Invalidity – clerical staffConcordanceConcordance– Concordance
ConcordanceNo concordance

FRANCE

Member StateSchemes administered by institutions of Member States which have taken a decision recognising the degree of invaliditySchemes administered by French institutions on which the decision is binding in cases of concordances
General schemeAgricultural schemeMiners' schemeMariners' scheme
Group IGroup IIGroup III Constant attendance2/3 InvalidityTotal invalidityConstant attendance2/3 General invalidityConstant attendanceOccupational invalidity2/3 General invalidityTotal occupational invalidityConstant attendance
BELGIUM
1.General scheme
ConcordanceNo concordanceNo concordanceConcordanceNo concordanceNo concordanceConcordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordance
2.Miners' scheme
–partial general invalidity
ConcordanceNo concordanceNo concordanceConcordanceNo concordanceNo concordanceConcordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordance
–occupational invalidity
No concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceConcordance (3)
3.Mariners' scheme
Concordance (2)No concordanceNo concordanceConcordance (2)No concordanceNo concordanceConcordance (2)No concordanceNo concordanceNo concordanceNo concordanceNo concordance
ITALY
1.General scheme
–invalidity – manual workers
ConcordanceNo concordanceNo concordanceConcordanceNo concordanceNo concordanceConcordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordance
–invalidity – clerical staff
ConcordanceNo concordanceNo concordanceConcordanceNo concordanceNo concordanceConcordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordance
2.Mariners' scheme
–unfitness for seafaring
No concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordance
LUXEMBOURG (4)Invalidity – manual workersConcordanceNo concordanceNo concordanceConcordanceNo concordanceNo concordanceConcordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordance
Invalidity – clerical staffNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordanceNo concordance

ITALY

Member StateSchemes administered by institutions of Member States which have taken a decision recognising the degree of invaliditySchemes administered by Italian institutions on which the decision is binding in cases of concordance
General schemeMariners Unfit for navigation
Manual workersClerical staff
BELGIUM
1.General scheme
No concordanceNo concordanceNo concordance
2.Miners' scheme
–partial general invalidity
ConcordanceConcordanceNo concordance
–occupational invalidity
No concordanceNo concordanceNo concordance
3.Mariners' scheme
No concordanceNo concordanceNo concordance
FRANCE
1.General scheme
–Group III (constant attendance)
ConcordanceConcordanceNo concordance
–Group II
ConcordanceConcordanceNo concordance
–Group I
ConcordanceConcordanceNo concordance
2.Agricultural scheme
–total general invalidity
ConcordanceConcordanceNo concordance
–partial general invalidity
ConcordanceConcordanceNo concordance
–constant attendance
ConcordanceConcordanceNo concordance
3.Miners' scheme
–partial general invalidity
ConcordanceConcordanceNo concordance
–constant attendance
ConcordanceConcordanceNo concordance
–occupational invalidity
No concordanceNo concordanceNo concordance
4.Mariners' scheme
–partial general invalidity
No concordanceNo concordanceNo concordance
–constant attendance
No concordanceNo concordanceNo concordance
–occupational invalidity

LUXEMBOURG (5)

Member StateSchemes administered by institutions of Member States which have taken a decision recognising the degree of invaliditySchemes administered by Luxembourg institutions on which the decision is binding in cases of concordance
Invalidity – manual workersInvalidity – clerical staff
BELGIUM
1.General scheme
ConcordanceConcordance
2.Miners' scheme:
-partial general invalidity
No concordanceNo concordance
-occupational invalidity
No concordanceNo concordance
3.Mariners' scheme
Concordance (6)No concordance (6)
FRANCE
1.General scheme:
-Group III (constant attendance)
ConcordanceConcordance
-Group II
ConcordanceConcordance
-Group I
ConcordanceConcordance
2.Agricultural scheme:
-total general invalidity
ConcordanceConcordance
-two-thirds general invalidity
ConcordanceConcordance
-constant attendance
ConcordanceConcordance
3.Miners' scheme:
-two-thirds general invalidity
ConcordanceConcordance
-constant attendance
ConcordanceConcordance
-total general invalidity
No concordanceNo concordance
4.Mariners' scheme:
-partial general invalidity
ConcordanceConcordance
-constant attendance
Concordanceconcordance
-occupational invalidity
No concordanceNo concordan


(1) Entries concerning concordance between Luxembourg and France or Belgium will be the subject of technical re-examination taking account of the changes which have been made to national legislation in Luxembourg.

(2) In so far as the invalidity recognised by the Belgian institutions is general invalidity.

(3) Only if the Belgian institution has recognised that the worker is unfit for work underground or at ground level.

(4) Entries concerning concordance between Luxembourg and France or Belgium will be the subject of technical re-examination taking account of the changes which have been made to national legislation in Luxembourg.

(5) Entries concerning concordance between Luxembourg and France or Belgium will be the subject of technical re-examination taking account of the changes which have been made to national legislation in Luxembourg.

(6) In so far as the invalidity recognised by the Belgian institution is general invalidity.


ANNEX VIII

Cases in which the independent benefit is equal to or higher than the pro-rata benefit

(Article 52(4))

A. DENMARK

All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IX

B. FRANCE

All applications for pension benefits or survivor's benefits under supplementary retirement schemes for employees or self-employed workers, with the exception of applications for old-age or widow's pensions under the supplementary retirement scheme for professional cabin crew in civil aviation

C. IRELAND

All applications for retirement pensions, old-age (contributory) pensions, widow's (contributory) pension and widower's (contributory) pension

D. NETHERLANDS

Where a person is entitled to a pension on the basis of the Netherlands' law on general old-age insurance (AOW)

E. PORTUGAL

Invalidity, old-age and survivors' pension claims, except for the cases where the total periods of insurance completed under the legislation of more than one Member State are equal to or longer than 21 calendar years, the national periods of insurance are equal to, or less than, 20 years, and the calculation is made under Article 11 of Decree-Law No 35/2002, 19 February, which defines the rules for the determination of the pension amount. In such cases, by applying more favourable pension formation rates, the amount resulting from the pro-rata calculation may be higher than that resulting from the independent calculation.

F. SWEDEN

Earnings-related old-age pension (Act 1998:674), earnings-related survivor's pension in the form of adjustment pension and child's pension allowance when the death occurred before 1 January 2003 and widow's pension (Act 2000:461 and Act 2000:462)

G. UNITED KINGDOM

All applications for retirement pension, widows' and bereavement benefits determined pursuant to the provisions of Title III, Chapter 5 of the Regulation, with the exception of those for which:

(a)during a tax year beginning on or after 6 April 1975:

(i)the party concerned had completed periods of insurance, employment or residence under the legislation of the United Kingdom and another Member State; and

(ii)one (or more) of the tax years referred to in (i) was not considered a qualifying year within the meaning of the legislation of the United Kingdom;

(b)the periods of insurance completed under the legislation in force in the United Kingdom for the periods prior to 5 July 1948 would be taken into account for the purposes of Article 52(1)(b) of the Regulation by application of the periods of insurance, employment or residence under the legislation of another Member State.


ANNEX IX

Benefits and agreements which allow the application of Article 54

I. Benefits referred to in Article 54(2)(a) of the Regulation, the amount of which is independent of the length of periods of insurance or residence completed

A. BELGIUM

Benefits relating to the general invalidity scheme, the special invalidity scheme for miners and the special scheme for merchant navy mariners

Benefits on insurance for self-employed persons against incapacity to work

Benefits relating to invalidity in the overseas social insurance scheme and the invalidity scheme for former employees of the Belgian Congo and Ruanda-Urundi

B. DENMARK

The full Danish national old-age pension acquired after 10 years' residence by persons who will have been awarded a pension by 1 October 1989

C. GREECE

Benefits under Law No 4169/1961 relating to the agricultural insurance scheme (OGA)

D. SPAIN

Survivors' pensions granted under the general and special schemes, with the exception of the Special Scheme for Civil Servants

E. FRANCE

Invalidity pension under the general social security system or under the agricultural workers scheme

Widower's or widow's invalidity pension under the general social security system or under the agricultural workers scheme where it is calculated on the basis of the deceased spouse's invalidity pension settled in accordance with Article 52(1)(a)

F. IRELAND

Type A Invalidity Pension

G. NETHERLANDS.

The law of 18 February 1966 on invalidity insurance for employees, as amended (WAO)

The law of 24 April 1997 on invalidity insurance for self-employed persons, as amended (WAZ)

The law of 21 December 1995 on general insurance for surviving dependants (ANW)

H. FINLAND

National pensions to persons who are born disabled or become disabled at an early age (National Pensions Act 547/93)

National pensions determined according to the National Pensions Act of 8 June 1956 and awarded under the transitional rules of the National Pensions Act (547/93)

The additional amount of the child's pension in accordance with the Survivors Pension Act of 17 January 1969

I. SWEDEN

Earnings-related survivor's pension in the form of child's pension allowance and adjustment pension when the death occurred on 1 January 2003 or later when the deceased was born in 1938 or later (Act 2000:461)

II.   Benefits referred to in Article 54(2)(b) of the Regulation, the amount of which is determined by reference to a credited period deemed to have been completed between the date on which the risk materialised and a later date

A. GERMANY

Invalidity and survivors' pensions, for which account is taken of a supplementary period

Old-age pensions, for which account is taken of a supplementary period already acquired

B. SPAIN

The pensions for retirement or retirement for permanent disability (invalidity) under the Special Scheme for Civil Servants due under Title I of the consolidated text of the Law on State Pensioners if at the time of materialisation of the risk the beneficiary was an active civil servant or treated as such; death and survivors' (widows'/widowers', orphans' and parents') pensions due under Title I of the consolidated text of the Law on State Pensioners if at the time of death the civil servant was active or treated as such

C. ITALY

Italian pensions for total incapacity for work (inabilità)

D. LUXEMBOURG

Invalidity and survivors' pensions

E. FINLAND

Employment pensions for which account is taken of future periods according to the national legislation

F. SWEDEN

Sickness benefit and activity compensation in the form of guarantee benefit (Act 1962:381)

Survivor's pension calculated on the basis of assumed insurance periods (Act 2000:461 and 2000:462)

Old-age pension in the form of guarantee pension calculated on the basis of assumed periods previously counted (Act 1998:702)

III.   Agreements referred to in Article 54(2)(b)(i) of the Regulation intended to prevent the same credited period being taken into account two or more times:

The Social Security Agreement of 28 April 1997 between the Republic of Finland and the Federal Republic of Germany

The Social Security Agreement of 10 November 2000 between the Republic of Finland and the Grand Duchy of Luxembourg

Nordic Convention of 15 June 1992 on social security


ANNEX X

Special non-contributory cash benefits

(Article 70(2)(c))

The content of this Annex shall be determined by the European Parliament and by the Council in accordance with the Treaty as soon as possible and at the latest before the date of application of this Regulation as referred to in Article 91.


ANNEX XI

Special provisions for the application of the legislation of the Member States

(Article 51(3). 56(1) and 83)

The content of this Annex shall be determined by the European Parliament and by the Council in accordance with the Treaty as soon as possible and at the latest before the date of application of this Regulation as referred to in Article 91.