Case C‑114/13

Theodora Hendrika Bouman

v

Rijksdienst voor Pensioenen

(Request for a preliminary ruling from the arbeidshof te Antwerpen)

‛Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Old age and survivors’ insurance — Article 46a(3)(c) — Award of benefits — National rules against overlapping — Derogation — Concept of ‘voluntary insurance or continued optional insurance’ — National pension under a compulsory insurance scheme — Possibility of requesting an exemption from affiliation for a certain period — Scope of the statement issued by the competent institution of another Member State — Regulation (EEC) No 574/72 — Article 47’

Summary — Judgment of the Court (First Chamber), 12 February 2015

1. Social security — Migrant workers — Old-age and survivors’ insurance — Periods to be taken into consideration — Statement issued by the competent institution of a Member State specifying the periods of insurance or employment completed by a worker under the legislation of that Member State — No binding legal effects for the national authorities of another Member State

   (Council Regulation No 574/72, Art. 47)

2. Social security — Migrant workers — Benefits — National rules against overlapping — Concept of voluntary insurance or continued optional insurance — Person concerned having an exemption from affiliation to the compulsory insurance scheme for a certain period — Benefit resulting from that period of insurance — Included

   (Council Regulation No 1408/71, as amended by Regulation No 1992/2006, Art. 46a(3)(c))

1.  See the text of the decision.

   (see para. 24)

2.  Article 46a(3)(c) of Regulation No 1408/71, as amended and updated by Regulation No 118/97, as amended by Regulation No 1992/2006, must be interpreted as encompassing the part of the benefit resulting from a period of insurance during which the person concerned had the right to obtain an exemption from affiliation to the compulsory insurance scheme, in a situation where such affiliation, during the period in question, affects the extent of the social security benefit.

   The voluntary or optional nature of an insurance may stem both from the fact that the person concerned has to request affiliation to the insurance scheme or the continuation of the insurance, and from the fact that he has the right to obtain an exemption from affiliation. In both of those situations, there is a choice on the part of the insured person and they show that, if maintained, such affiliation remains optional.

   (see paras 52, 59, operative part)

Case C‑114/13

Theodora Hendrika Bouman

v

Rijksdienst voor Pensioenen

(Request for a preliminary ruling from the arbeidshof te Antwerpen)

‛Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Old age and survivors’ insurance — Article 46a(3)(c) — Award of benefits — National rules against overlapping — Derogation — Concept of ‘voluntary insurance or continued optional insurance’ — National pension under a compulsory insurance scheme — Possibility of requesting an exemption from affiliation for a certain period — Scope of the statement issued by the competent institution of another Member State — Regulation (EEC) No 574/72 — Article 47’

Summary — Judgment of the Court (First Chamber), 12 February 2015

1. Social security — Migrant workers — Old-age and survivors’ insurance — Periods to be taken into consideration — Statement issued by the competent institution of a Member State specifying the periods of insurance or employment completed by a worker under the legislation of that Member State — No binding legal effects for the national authorities of another Member State

   (Council Regulation No 574/72, Art. 47)

2. Social security — Migrant workers — Benefits — National rules against overlapping — Concept of voluntary insurance or continued optional insurance — Person concerned having an exemption from affiliation to the compulsory insurance scheme for a certain period — Benefit resulting from that period of insurance — Included

   (Council Regulation No 1408/71, as amended by Regulation No 1992/2006, Art. 46a(3)(c))

1.  See the text of the decision.

   (see para. 24)

2.  Article 46a(3)(c) of Regulation No 1408/71, as amended and updated by Regulation No 118/97, as amended by Regulation No 1992/2006, must be interpreted as encompassing the part of the benefit resulting from a period of insurance during which the person concerned had the right to obtain an exemption from affiliation to the compulsory insurance scheme, in a situation where such affiliation, during the period in question, affects the extent of the social security benefit.

   The voluntary or optional nature of an insurance may stem both from the fact that the person concerned has to request affiliation to the insurance scheme or the continuation of the insurance, and from the fact that he has the right to obtain an exemption from affiliation. In both of those situations, there is a choice on the part of the insured person and they show that, if maintained, such affiliation remains optional.

   (see paras 52, 59, operative part)