Keywords
Summary

Keywords

1 Social security for migrant workers - Community rules - Persons covered - Retired civil servant who has not himself exercised the right to freedom of movement - Where his child has moved with her mother within the Community

2 Social security for migrant workers - Family benefits - Retired civil servant subject to German legislation - Child residing in another Member State - Definition of employed person for the purpose of paying family benefits - German institution competent - Application of the criteria laid down in Article 1(a) of Regulation No 1408/71 and in Annex I thereto - Effects - Refusal to award benefits under the national legislation - Whether permissible

(Council Regulation No 1408/71, Arts 1(a)(ii) and 73 and Annex I, Point I.C)

3 Social security for migrant workers - Family benefits - Pensioners - Legislation within the meaning of Article 77(2)(a) of Regulation No 1408/71 - Special schemes for civil servants and persons treated as such - Not included

(Council Regulation No 1408/71, Arts 1(j), 4(4) and 77(2)(a))

Summary

4 A retired civil servant who has worked only in the State of which he is a national is covered by Regulation No 1408/71 where his dependent child has moved within the Community with his former spouse, if he is, or has been, subject to the legislation of a Member State to which the regulation applies.

5 Article 73 of Regulation No 1408/71, read in conjunction with Point I.C of Annex I to the same regulation, is to be interpreted, for the purpose of payment of child allowance under German legislation, as not applying to a national of that Member State who receives, under its legislation, an old-age benefit as a retired civil servant, where that person has worked only in the Member State of which he is a national and his dependent child has moved within the Community with his former spouse. It appears from the wording of that annex, to which Article 1(a)(ii) of the regulation refers, that only workers compulsorily insured under one of the schemes mentioned therein are entitled to German family allowances in accordance with Chapter 7 of Title III of the regulation. Accordingly, to allow a retired civil servant to rely on Article 73 in order to receive German family allowances on the ground that the situation of civil servants must generally be treated in the same way as that of employed persons would involve disregarding the terms of Annex I.

6 Article 77(2)(a) of Regulation No 1408/71 is to be interpreted as not covering the situation of a person who draws a pension only under a special scheme for civil servants and persons treated as such. The term `legislation' used in that provision has the meaning stated in Article 1(j) of the regulation and therefore does not cover the statutes, regulations or other provisions or measures relating to the categories of benefits referred to in Article 4(4) of the regulation which include, in particular, special schemes for civil servants and persons treated as such.