Keywords
Summary

Keywords

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Social security for migrant workers ° Insurance for old-age and death ° Calculation of benefits ° Community rules against overlapping benefits ° Not applicable to a worker who has had to pay contributions in two Member States during the same period

(Council Regulation No 1408/71, Arts 12(2) and 46(3))

Summary

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.