Keywords
Summary

Keywords

++++

1. Social security for migrant workers ° Unemployment ° Wholly unemployed frontier worker ° Entitlement to the benefits of the Member State of residence ° Calculation of benefits on the basis of the previous wage or salary ° Wage or salary actually received to be taken into account without applying any rule on ceilings laid down in the legislation of the Member State of employment

(Council Regulation No 1408/71, Arts 68(1) and 71(1)(a)(ii))

2. Social security for migrant workers ° Financial provisions ° Community rules on currency conversion ° Calculation of the unemployment benefits payable to wholly unemployed frontier workers ° Rules applicable before Regulation No 574/72 was amended by Regulation No 1249/92

(Council Regulation No 574/92, Art. 107)

Summary

1. Article 68(l) and Article 71(l)(a)(ii) of Regulation No 1408/71 are to be interpreted as meaning that, in the case of a frontier worker, within the meaning of Article 1(b) of that regulation, who is wholly unemployed, the competent institution of the State of residence, whose national legislation provides that the calculation of benefits should be based on the amount of the previous wage or salary, must calculate those benefits taking into account the wage or salary actually received by the worker in the last employment held by him in the Member State in which he was engaged prior to his becoming unemployed. In calculating those benefits, the institution of the State of residence may not apply to the remuneration which forms the basis for calculating those benefits the rules on ceilings laid down by the legislation of the State of employment.

2. Article 107 of Regulation No 574/72 is to be interpreted as meaning that, in order to calculate the unemployment benefits of wholly unemployed frontier workers until Regulation No 1249/92 came into force, the last remuneration received in the State of employment had to be converted in accordance with the official rate of exchange on the day of payment.