Keywords
Summary

Keywords

Social security for migrant workers - Community rules - Old-age insurance - Periods to be taken into consideration - National legislation providing that child-raising periods completed in national territory are treated as substitute periods - Additional requirements where children raised in another State in the European Economic Area or in another Member State - Not permissible

(EC Treaty, Arts 8a, 48 and 52 (now, after amendment, Arts 18 EC, 39 EC and 43 EC); Council Regulation No 1408/71, Art. 94(2))

Summary

$$Article 94(2) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, read in conjunction, depending on the case, with Articles 8a, 48 and 52 of the Treaty (now, after amendment, Articles 18 EC, 39 EC and 43 EC), is to be interpreted as precluding application of a Member State's legislation under which child-raising periods completed in another State party to the Agreement on the European Economic Area or in another Member State of the European Union are not treated as substitute periods for the purposes of old-age insurance unless

- they were completed after the entry into force of that regulation in the first State, and

- the applicant receives, or received, for the children concerned, cash maternity allowances or equivalent allowances under the legislation of that same State,

when such periods completed in national territory are treated as substitute periods for the purposes of old-age insurance without any limitation in time or any other condition.

( see para. 52, operative part )