Keywords
Summary

Keywords

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1. Social security for migrant workers - Legislation applicable - Single system principle - Scope - Not applicable to recipients of early retirement or supplementary pensions

(Council Regulation No 1408/71, Arts 13(2) and 14 to 17)

2. Social security for migrant workers - Community rules - Matters covered - Provisions of industrial agreements - Excluded - Collection by a Member State of contributions deducted from pensions paid under industrial agreements in respect of a risk borne by another Member State - Whether permissible

(Council Regulation No 1408/71, Arts 1(j) and 33)

Summary

1. The principle of a single system of legislation applicable to workers moving within the Community only applies to the situations referred to in Articles 13(2) and 14 to 17 of Regulation No 1408/71, which lay down the conflict rules to be applied in each situation.

Since recipients of an early retirement or supplementary pension are not in one of the situations referred to in Articles 13(2) or 14 to 17, the principle that a single system of legislation should apply cannot be invoked for their benefit.

2. National social security schemes introduced under agreements concluded by the competent authorities with trade or inter-trade bodies or under collective agreements concluded between both sides of industry which have not been the subject of a declaration mentioned in the second paragraph of Article 1(j) of Regulation No 1408/71 do not constitute legislation within the meaning of the first paragraph of Article 1(j) and the benefits which they provide do not come within the matters covered by that regulation. Article 33 of the regulation, which prohibits Member States from making deductions from statutory pensions received by nationals of EEC countries where the cost of the benefits received in return is not borne by one of their institutions, cannot therefore be invoked against a Member State which, under its sickness and maternity scheme, introduces a contribution which is deducted from payments of early retirement or supplementary pensions provided for under industrial agreements, where such payments are made to persons resident in another Member State who enjoy sickness benefits under the legislation of that other State.