DG Employment, Social Affairs and

Equal Opportunities

Modernised EU Social Security Coordination and

Old-Age Pensions

TRESS Seminar Seville, 25th March 2010Gillian More, Unit E3, DG Employment, European

Commission,

Overview

I Key Themes in the Modernised Rules

II Modernised Provisions on old-age pension coordination

III Current (pensions-related) issues in the Administrative Commission

IV Information Sources on the modernised rules

Source: European Commission, DG Employment, Social Affairs and Equal Opportunities 33

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EC Reg 1408/71

Implementing Reg 574/72

Consolid Reg

Reg 883/04

Implementing Reg

Regulations 3 & 4

Over 50 years of Social Security Coordination

19591959 19721972 19971997 20102010

Key Themes of the Modernised Regulations

• Updating so rules correspond with current social practices (eg. Provision for child-raising periods)

• Simplification (eg. Personal scope – Article 2 BR)• Improved protection of rights (eg. – improved information

and assistance to citizens– Articles 2 & 3(1) IR )• Clarification – incorporation of ECJ case-law in a range of

areas (e.g. Article 5 BR – Assimilation of Facts)• Strengthened and Streamlined institutional procedures

(Art. 4 IR – electronic data exchange)

Central to the new Regulations: Enhanced Cooperation

"Clear and more effective cooperation between social security institutions is a key factor in allowing the persons covered by regulation (EC) 883/2004 to access their rights as quickly as possible and under optimum conditions"

[Recital 2 of the IR]

Pensions: Key Changes

• Proactive role for Contact Institution• Advice on consequences of deferral• Summary pension note

• Child-raising periods

• Assimilation of Facts

A

Contact InstitutionA: Member State of residence

B, C: Other Member States

ContactInstitution

B

C

A

Contact InstitutionA: Member State of residenceB, C: other Member States

ContactInstitution

INFO

B

C

A

Contact InstitutionA: Member State of residenceB, C: other Member States

ContactInstitution

INFO

B

C

Article 46(2) IR: Advice to citizen on consequences of deferment

Institutions need to fully inform the claimant of the consequences of concurrent or successive awards of benefit so that he can assess whether to exercise his right to deferment

A

Right to review a pension decision: Art. 48 (2) IR

ContactInstitution

Summary Note

A

Right to review a pension decision: Art. 48 (2) IR

New possibilityfor review

ContactInstitution

Right to review a pension decision: Art. 48 (2) IR

• If rights adversely affected by the interaction of decisions by two or more institutions, there is a right to review.

• The time limit for the review is laid down in national law.

• The time limit commences on the date of receipt of the summary note.

Child raising periods

- Article 44 IR sets down principles to determine competence for taking child-raising periods into account;

- Generally agreed that further implementing rules required

Berlin Rome

Assimilation of Facts: Article 5 of Regulation 883/04

• A new general principle of “Equal Treatment of Benefits, Income, Facts and Events”

• Not designed to interfere with aggregation of periods• Not designed to lead to objectively unjustified results• Potential effect on national calculation rules that are based on

income during a reference period

Current (pensions-related) issues in the Administrative Commission

• Agreement for an Explanatory Note on the application of the principle of assimilation of facts

• Finalisation of the Portable Documents (including the P1)• Expert Working Groups on the SEDs• Further discussion on value of periods in April 2010• Decision on combating fraud and error and agreement to

continue work in this area

Information Sources on the new Regulations

• Explanatory Notes on DG EMPL website• New Small Guide – publication foreseen May 2010• Information campaign for citizens 2nd half 2010• Updated Website

2010 Small Guide

The new website: homepage