Keywords
Summary

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1 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - OLD-AGE AND DEATH ( PENSIONS ) INSURANCE - CALCULATION OF BENEFITS - APPLICATION OF THE SYSTEM PROVIDED FOR BY ARTICLES 27 AND 28 OF REGULATION NO 3 - THE BENEFICIARY'S OBJECTIVE SITUATION TO BE CONSIDERED

2 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - OLD-AGE AND DEATH ( PENSIONS ) INSURANCE - SYSTEM BASED ON INSURANCE PERIODS - AMOUNT OF RETIREMENT PENSION VARYING SOLELY ACCORDING TO INSURANCE PERIODS COMPLETED - RIGHTS TO A PENSION ACQUIRED BY CLAIMANT WITHOUT AGGREGATION OF COMPLETED PERIODS - ARTICLES 27 AND 28 OF REGULATION NO 3 NOT APPLICABLE

3 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - OLD-AGE AND DEATH ( PENSIONS ) INSURANCE - SIMULTANEOUS DETERMINATION OF PENSIONS NOT OBLIGATORY

( REGULATION NO 3, ARTICLE 28 )

4 . FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - OLD-AGE AND DEATH ( PENSIONS ) INSURANCE - APPLICATION OF THE SYSTEM ESTABLISHED BY REGULATION NO 3 - GUARANTEE FOR PERSONS CONCERNED OF BENEFITS ACQUIRED BY VIRTUE OF THE LEGISLATIVE SYSTEMS OF MEMBER STATES - OPTIONS GRANTED BY SUCH LEGISLATION - WAIVER NOT REQUIRED - TIME FOR EXERCISING OPTIONS DETERMINED BY NATIONAL LEGISLATION

( REGULATION NO 3, ARTICLES 27 AND 28 )

Summary

1 . THE APPLICATION TO A MIGRANT WORKER OF THE PROVISIONS OF ARTICLES 27 AND 28 OF REGULATION NO 3 DOES NOT DEPEND UPON THE FREE CHOICE OF THE PERSON CONCERNED BUT UPON HIS OBJECTIVE SITUATION .

2 . AT LEAST IN THOSE SYSTEMS BASED ON INSURANCE PERIODS UNDER WHICH THE AMOUNT OF THE RETIREMENT PENSION VARIES IN PROPORTION SOLELY TO THE INSURANCE PERIODS WHICH HAVE BEEN COMPLETED ARTICLES 27 AND 28 OF REGULATION NO 3 DO NOT APPLY TO A MIGRANT WORKER WHO, IN ORDER TO ACQUIRE THE RIGHT TO BENEFIT, DOES NOT HAVE TO RESORT TO AGGREGATION IN ANY OF THE MEMBER STATES IN WHICH HE HAS COMPLETED INSURANCE PERIODS .

3 . REGULATIONS NOS 3 AND 4 AND IN PARTICULAR ARTICLES 27 AND 28 OF REGULATION NO 3 TOGETHER WITH ARTICLES 30 TO 36 AND 83 OF REGULATION NO 4 DO NOT IMPLY THAT THERE IS AN OBLIGATION TO DETERMINE SIMULTANEOUSLY AND ON THE BASIS OF THE SAME REFERENCE DATE AN OLD-AGE PENSION ACQUIRED IN ONE MEMBER STATE UNDER ARTICLE 27 AND ANOTHER OLD-AGE PENSION WHICH HAS NOT YET BEEN ACQUIRED IN ANOTHER MEMBER STATE OR WHICH HAS BEEN ACQUIRED IN ANOTHER MEMBER STATE WHOSE LEGISLATION PERMITS THE PAYMENT TO BE DEFERRED AT THE REQUEST OF THE PERSON CONCERNED;

CF . PARAGRAPH 3, SUMMARY, CASE 9/67 ( 1967 ) ECR 298 .

4 . SINCE THE PROVISIONS OF ARTICLES 27 AND 28 OF REGULATION NO 3, IN CONFORMITY WITH THE OBJECTIVES OF ARTICLE 51 OF THE TREATY, AIM AT SECURING FOR A MIGRANT WORKER THE ADVANTAGES CORRESPONDING TO HIS VARIOUS PERIODS OF WORK THEY MAY NOT, IN THE ABSENCE OF AN EXPRESS EXCEPTION IN CONFORMITY WITH THE OBJECTIVES OF THE TREATY, BE APPLIED SO AS TO DEPRIVE HIM OF THE BENEFIT OF PART OF THE LEGISLATION OF A MEMBER STATE .

CLAIMING A PENSION FROM THE SOCIAL SECURITY INSTITUTION OF ONE MEMBER STATE DOES NOT THEREFORE IMPLY A WAIVER OF THE RIGHTS OF ELECTION WHICH THE LEGISLATIVE SYSTEMS OF OTHER MEMBER STATES GRANT THE WORKERS CONCERNED . THE NATIONAL SOCIAL SECURITY AUTHORITIES ARE COMPETENT TO DECIDE WHEN SUCH ELECTION MUST BE MADE .