Employment, Social Affairs & Inclusion

E-learning tool - T

Territorial scope

In total, 32 countries apply the coordination regulation. These are the 27 Member States of the European Union plus the 4 EFTA countries, i.e.
 
  • Iceland, Norway and Liechtenstein, pursuant to the 1994 European Economic Area Agreement, and in particular Annex VI of this Agreement; and
  • Switzerland, under the EU-Switzerland Agreement concluded in 2002 (in particular Annex II to this Agreement).
This depends on the situation you would need the regulation for. If you are insured in Slovenia (under Slovenian legislation alone or also taking into account the Slovenian-Macedonian Agreement on social security) you could e.g. rely on this insurance (even if you are a third-country national like a Macedonian national) to receive treatment during a stay in another Member State with your European Health Insurance Card. On the other hand you cannot invoke the regulation to receive unemployment benefits in your State of residence, i.e. Macedonia.
Yes, it does, provided you satisfy the other conditions (see the keyword personal scope). The fact that your employer is established in a third Member State does not preclude the application of the regulation. Even though it is common for an employer to have an office from which social security contributions are paid in the State in which s/he employs personnel, there is no such obligation (see also question 7.3).
The regulation applies to you, provided you satisfy the other conditions (see the keyword personal scope).

As a person simultaneously pursuing activities as an employed person in two Member States for a single employer established in a third country, you are subject to the legislation of the State of your residence, i.e. Lithuania. Under the general rules determining the legislation applicable, you would be subject to the legislation of the State of your residence only if you carry on substantial activities (i.e. at least 25% of your working time and/or remuneration) there. As this is not the case (20% of working time) the legislation where your employer is established should normally apply (see question 7.4). However, as the regulation cannot designate as applicable the legislation of a third country, a specific rule lays down that in these cases, the legislation of the State of residence is applicable.

Third-country nationals

Yes you can, provided you reside legally in France and you are in an intra-EU situation, i.e. a situation which is not confined in all respects within a single Member State. Indeed, as is the case for Member State nationals, the regulation does not apply to purely internal situations. For instance, a Belgian national who has always resided in Belgium and has worked only in that country, cannot rely on the coordination regulation. For this regulation to apply, there has to be a cross-border element. In your situation, such an element could be, for example, the fact that you go to work in Spain, or, for the purposes of the provisions on sickness benefits, that you go on a holiday to Luxembourg. Please note that a cross-border element cannot be found in your initial movement from the USA to France. Also the fact that your husband is German is immaterial in this regard.
Yes you can, as you legally reside in a Member State and you are in an intra-EU situation.
No, it is not. The extension of the coordination regulation to third-country nationals does not apply to Denmark, nor, incidentally, to the four EFTA countries (Switzerland, Liechtenstein, Norway and Iceland).
First of all, you can rely on the coordination regulation, as you legally reside in a Member State and you are in an intra-EU situation.

The answer to the question as to which legislation applies, however, needs to be sought in the former Regulation 1408/71 and not in its currently applicable successor, Regulation 883/2004.

The legislation designated as applicable to you by the former conflict rules is that of the State of residence, i.e. Irish legislation.

Transitional provisions

Legal basis: article 87-87a Regulation 883/2004

No, most certainly not. Any period of insurance (or, where applicable, of employment, self-employment or residence) which you completed under the legislation of a Member State before the date of application of the regulation in the Member State concerned, shall be taken into consideration for the determination of the rights acquired under the regulation. This includes periods accomplished under the former regulation (Regulation 1408/71), but also periods completed before the latter regulation became applicable in the State concerned (e.g. periods prior to 1 May 2004 or 1 January 2007 for the EU-10 and EU-2 respectively).
Yes you can.

As is explained in more detail under the keyword invalidity pensions, the so-called “single pension system”, which under the former regulation applied as a rule when you were insured exclusively under risk systems (i.e. systems in which the amount of invalidity benefit is independent of the length of the periods of insurance or residence), under the current regulation only applies insofar as the countries operating these systems are expressly mentioned in an annex to that regulation (Annex VI to Regulation 883/2004). Only these countries are referred to as having type A legislation. The countries which are not mentioned there, even though they operate risk systems, have type B legislation, implying that the right to invalidity pension is determined in the same way as old-age pensions, i.e. on the basis of the principle of proratisation (see the relevant keyword). It follows that, in accordance with the current regulation, if the countries where you worked are not listed in Annex VI, you would be entitled to a pro-rata pension, proportionate to the respective length of insurance or residence, from each Member State concerned.

It is important to note that Member States’ institutions and authorities are under an obligation to provide appropriate information as regards the changes in rights and obligations introduced by the current regulation.

The regulation provides that you may apply for a review of your rights, in the light of the current rules of the regulation, in respect of the pension granted to you prior to its date of application. If you submit this request before 1 May 2012, you will receive your pro-rata pensions retroactively from 1 May 2010, without the States involved being able to invoke any provision in their legislation on the forfeiture or limitation of rights. If your request is submitted after this date, the pro-rata pensions will only be granted from the date on which the request was submitted, insofar as the rights are not forfeited or time-barred, but without prejudice to more favourable provisions of the national legislations concerned.
As is explained in more detail under the keyword applicable legislation, the new regulation added the requirement, in order to be subject to the legislation of the State of residence in case of simultaneous employment for the same employer in two States one of which is the State of residence, that the part of employment pursued in that State be substantial (see question 7.4). As this is not the case in your situation (as your working time in the State of residence is less than the required 25%), the legislation designated as applicable to you under the current regulation is that of State B, country where your employer is established.

However, this does not mean that you changed legislation immediately on 1 May 2010. Indeed, the current regulation provides that the legislation determined as applicable by the former regulation continues to apply after 1 May 2010, for as long as there is no change in the relevant situation and in any case no longer than ten years after this date, unless you request to be subject to the legislation applicable under the current regulation.

If you wanted to be subject to the legislation of State B as of 1 May 2010, you had to submit a request to that effect to the institution of State B no later than 31 July 2010. You could also submit such a request later, in which case the change of applicable legislation will take place on the first day of the following month. That said, in the absence of a request on your part, the change will take place on 30 April 2020 or earlier, when a change in your situation occurs. The last element will be the case if one of the decisive criteria/elements for the determination of applicable legislation under Title II of Regulation 1408/71 changes, and this change would lead to you being subject to the legislation of a Member State other than that lastly determined in accordance with Title II of Regulation 1408/71. An example would be the cessation of work in State A.

It is important to note that Member States’ institutions and authorities are under an obligation to provide appropriate information as regards the changes in rights and obligations introduced by the current regulation.

Share this page