31976Y0526(03)

ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS DECISION No 105 of 19 December 1975 on the implementation of Article 50 of Regulation (EEC) No 1408/71

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,

Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71, under which it is made responsible for dealing with all administrative questions arising from the provisions of the said Regulation and of Council Regulation (EEC) No 574/72,

Whereas the strict application of Articles 50 and 51 of Regulation (EEC) No 1408/71 would require the institution paying a supplement under the aforementioned Article 50 to recalculate that supplement whenever one of the benefits due to the beneficiary is altered because of an increase in the cost of living, a change in the level of wages and salaries or because of other adjustments;

Whereas it is administratively impossible for the pension insurance institutions of certain Member States to make such recalculations as frequently as this would require;

Whereas such recalculations could only have the effect of reducing the amount of the supplement;

Whereas there would be a reduction of the amount payable by the institution but at the same time an increase in the administrative costs;

Whereas it is as much in the interest of the person receiving the supplement as of the institution responsible for paying it if the amount in question were recalculated only once a year,

HAS DECIDED AS FOLLOWS:

1. The competent institution of a Member State which puts a supplement into payment in accordance with Article 50 of Regulation (EEC) No 1408/71 shall notify the payment to the competent institution of any other Member State under whose legislation the beneficiary is also entitled to benefit under Article 46 of the said Regulation.

2. Once a year, during the month of January, the competent institutions of the other Member States which provide benefits under Article 46 of Regulation (EEC) No 1408/71 shall notify the institution paying the supplement of the amount of the benefit they are paying from 1 January.

However, the competent authorities of two Member States may, by common agreement, depart from this rule in order to make such adjustments at shorter intervals.

3. This Decision shall be applicable from the first day of the month following its publication in the Official Journal of the European Communities.

The Chairman of

the Administrative Commission

G. SALIS