Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)

Article 42 of the Convention on social security of 24 September 1997 (settlement of rights acquired before 1 January 1956 under the social security scheme of the other contracting state); the application of that provision remains restricted to the persons covered by it.

GERMANY-SLOVAKIA

Article 29 (1), second and third subparagraphs of the Agreement of 12 September 2002 (maintenance of the Convention concluded between the former Czechoslovak Republic and the former German Democratic Republic for persons who already received a pension before 1996; reckoning of periods of insurance completed in one of the contracting States for persons who already received a pension for these periods on 1 December 2003 from the other contracting State, while residing in its territory).

GERMANY-UNITED KINGDOM

• (a) Article 7(5) and (6) of the Convention on social security of 20 April 1960 (legislation applicable to civilians serving in the military forces);

• (b) Article 5(5) and (6) of the Convention on unemployment insurance of 20 April 1960 (legislation applicable to civilians serving in the military forces).

IRELAND-UNITED KINGDOM

Article 19 (2) of the Agreement of 14 December, 2004 on social security (concerning the transfer and reckoning of certain disability credits).

SPAIN-PORTUGAL

Article 22 of the General Convention of 11 June 1969 (export of unemployment benefits). This entry will remain valid for 2 years from the date of application of this Regulation.

CROATIA-ITALY

• (a) The Agreement between Yugoslavia and Italy on Regulation of Mutual Obligations in Social Insurance with Reference to Paragraph 7 of Annex XIV to the Peace Treaty, concluded by exchange of notes on 5 February 1959 (reckoning of periods of insurance completed before 18 December 1954); the application remains restricted to the persons covered by that Agreement;

• (b) Article 44(3) of the Convention on Social Security between the Republic of Croatia and the Italian Republic of 27 June 1997, concerning ex Zone B of the Free Territory of Trieste (reckoning of periods of insurance completed before 5 October 1956); the application of that provision remains restricted to persons covered by that Convention.

CROATIA-HUNGARY

Article 43 (6) of the Convention on Social Security of 8 February 2005 (recognition of periods of insurance completed until 29 May 1956 at the expense of the contracting state in which the insured person resided on 29 May 1956).

CROATIA-AUSTRIA

Article 35 of the Convention on Social Security of 16 January 1997 (reckoning of periods of insurance completed before 1 January 1956); the application of that provision remains restricted to the persons covered by it.

CROATIA-SLOVENIA

• (a) Article 35(3) of the Agreement on Social Security of 28 April 1997 (recognition of periods with bonus under the legislation of the former common State);

• (b) Articles 36 and 37 of the Agreement on Social Security of 28 April 1997 (benefits acquired before 8 October 1991 remain the obligation of the contracting state that granted them; pensions granted between 8 October 1991 and 1 February 1998, the date of entry into force of the said Agreement, in respect of the periods of insurance completed in the other contracting state until 31 January 1998, are subject to recalculation).

ITALY-SLOVENIA

• (a) Agreement on regulation of mutual obligations in social insurance with reference to paragraph 7 of Annex XIV to the Peace Treaty, concluded by exchange of notes on 5 February 1959 (reckoning of periods of insurance completed before 18 December 1954); the application of that provision remains restricted to the persons covered by that Agreement;

• (b) Article 45(3) of the Convention on social security of 7 July 1997 concerning ex-Zone B of the Free Territory of Trieste (reckoning of periods of insurance completed before 5 October 1956); the application of that provision remains restricted to the persons covered by that Convention.

LUXEMBOURG-PORTUGAL

Agreement of 10 March 1997 (on the recognition of decisions by institutions in one contracting party concerning the state of invalidity of applicants for pensions from institutions in the other contracting party).

LUXEMBOURG-SLOVAKIA

Article 50 (5) of the Convention on Social Security of 23 May 2002 (reckoning of pension insurance periods for political refugees).

HUNGARY-AUSTRIA

Article 36 (3) of the Convention on social security of 31 March 1999 (reckoning of periods of insurance completed before 27 November 1961); the application of that provision remains restricted to the persons covered by it.

HUNGARY-SLOVENIA

Article 31 of the Convention on social security of 7 October 1957 (reckoning of periods of insurance completed before 29 May 1956); the application of that provision remains restricted to the persons covered by it.

HUNGARY-SLOVAKIA

Article 34 (1) of the Convention on social security of 30 January 1959 (Article 34(1) of that Convention provides that the insurance periods awarded before the day of signing that Convention are the insurance periods of the contracting State on which territory the entitled person had a residence); the application of that provision remains restricted to the persons covered by it.

AUSTRIA-POLAND

Article 33 (3) of the Convention on social security of 7 September 1998 (reckoning of periods of insurance completed before 27 November 1961); the application of that provision remains restricted to the persons covered by it.

AUSTRIA-ROMANIA

Article 37 (3) of the Agreement on social security of 28 October 2005 (reckoning of periods of insurance completed before 27 November 1961); the application of that provision remains restricted to the persons covered by it.

AUSTRIA-SLOVENIA

Article 37 of the Convention on social security of 10 March 1997 (reckoning of periods of insurance completed before 1 January 1956); the application of that provision remains restricted to the persons covered by it.

AUSTRIA-SLOVAKIA

Article 34 (3) of the Convention of 21 December 2001 on Social Security (reckoning of periods of insurance completed before 27 November 1961); the application of that provision remains restricted to the persons covered by it.

FINLAND-SWEDEN

Article 7 of the Nordic Convention on social security of 18 August 2003 (concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country increasing the cost of return travel to the country of residence).

ANNEX III

RESTRICTION OF RIGHTS TO BENEFITS IN KIND FOR MEMBERS OF THE FAMILY OF A FRONTIER WORKER

(referred to in Article 18(2))

DENMARK

ESTONIA (this entry will be valid during the period referred to in Article 87(10a))

IRELAND

SPAIN (this entry will be valid during the period referred to in Article 87(10a))

CROATIA

ITALY (this entry will be valid during the period referred to in Article 87(10a))

LITHUANIA (this entry will be valid during the period referred to in Article 87(10a))

HUNGARY (this entry will be valid during the period referred to in Article 87(10a))

NETHERLANDS (this entry will be valid during the period referred to in Article 87(10a))

FINLAND

SWEDEN

UNITED KINGDOM

ANNEX IV

MORE RIGHTS FOR PENSIONERS RETURNING TO THE COMPETENT MEMBER STATE

(Article 27(2))

BELGIUM

BULGARIA

CZECH REPUBLIC

GERMANY

GREECE

SPAIN

FRANCE

CYPRUS

LUXEMBOURG

HUNGARY

THE NETHERLANDS

AUSTRIA

POLAND

SLOVENIA

SWEDEN

ANNEX V

MORE RIGHTS FOR FORMER FRONTIER WORKERS WHO RETURN TO THEIR PREVIOUS MEMBER STATE OF ACTIVITY AS AN EMPLOYED OR SELF-EMPLOYED PERSON (APPLICABLE ONLY IF THE MEMBER STATE IN WHICH THE COMPETENT INSTITUTION RESPONSIBLE FOR THE COSTS OF THE BENEFITS IN KIND PROVIDED TO THE PENSIONER IN HIS/HER MEMBER STATE OF RESIDENCE IS SITUATED ALSO APPEARS ON THE LIST)

(Article 28(2))

BELGIUM

GERMANY

SPAIN

FRANCE

LUXEMBOURG

AUSTRIA

PORTUGAL

ANNEX VI

IDENTIFICATION OF TYPE A LEGISLATION WHICH SHOULD BE SUBJECT TO SPECIAL COORDINATION

(Article 44(1))

CZECH REPUBLIC

Full disability pension for persons whose total disability arose before reaching 18 years of age and who were not insured for the required period (Section 42 of the Pension Insurance Act No 155/1995 Coll.)

ESTONIA

• (a) Invalidity pensions granted before 1 April 2000 under the State Allowances Act and which are retained under the State Pension Insurance Act

• (b) National pensions granted on the basis of invalidity according to the State Pension Insurance Act

• (c) Invalidity pensions granted according to the Defence Forces Service Act, Police Service Act, Prosecutor's Office Act, Status of Judges Act, Members of the Riigikogu Salaries, Pensions and Other Social Guarantees Act and President of the Republic Official Benefits Act

• (d) Work ability allowance granted under the Work Ability Allowance Act.

IRELAND

Part 2, Chapter 17 of the Social Welfare Consolidation Act 2005

GREECE

Legislation relating to the agricultural insurance scheme (OGA), under Law No 4169/1961

CROATIA

• (a) Invalidity pension due to occupational injury or disease according to Article 52(5) of the Pension Insurance Act (OG 102/98, as amended).

• (b) Physical damage allowance according to Article 56 of the Pension Insurance Act (OG 102/98, as amended).

LATVIA

Invalidity pensions (third group) under Article 16(1)(2) of the Law on State Pensions of 1 January 1996

HUNGARY

As from 1 January 2012 pursuant to the Act CXCI of 2011 on the benefits for persons with changed working capacity and amendments of certain other acts:

• (a) the rehabilitation benefit;

• (b) the invalidity benefit.

SLOVAKIA

Invalidity pension for a person who became invalid as a dependent child or during full-time doctoral studies while under the age of 26 years and who is always deemed to have fulfilled the required period of insurance (Article 70(2), Article 72(3) and Article 73(3) and (4) of Act No 461/2003 on social insurance, as amended).

FINLAND

National Pensions to persons who are born disabled or become disabled at an early age (the National Pension Act, 568/2007);

Invalidity pensions determined according to transitional rules and awarded prior to 1 January 1994 (Act on Enforcement of the National Pensions Act, 569/2007).

SWEDEN

Income-related sickness compensation and income-related activity compensation (Chapter 34 of the Social Insurance Code)

UNITED KINGDOM

Employment and Support Allowance (ESA)

• (a) For awards granted before 1 April 2016 ESA is a cash sickness benefit for the initial 91 days (Assessment Phase). From the 92nd day ESA (Main Phase) becomes an invalidity benefit.

• (b) For awards granted on or after 1 April 2016 ESA is a cash sickness benefit for the initial 365 days (Assessment Phase). From the 366th day ESA (Support Group) becomes an invalidity benefit.

Great Britain legislation: Part 1 of the Welfare Reform Act 2007.

Northern Ireland legislation: Part 1 of the Welfare Reform Act (Northern Ireland) 2007.

ANNEX VII

CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY

(Article 46(3) of the Regulation)

BELGIUM

Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	Schemes administered by Belgian institutions on which the decision is binding in cases of concordance	Schemes administered by Belgian institutions on which the decision is binding in cases of concordance	Schemes administered by Belgian institutions on which the decision is binding in cases of concordance	Schemes administered by Belgian institutions on which the decision is binding in cases of concordance	Schemes administered by Belgian institutions on which the decision is binding in cases of concordance
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	General scheme	Miners' scheme	Miners' scheme	Mariners' scheme	Ossom
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	General scheme	General invalidity	Occupational invalidity	Mariners' scheme	Ossom
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	General scheme	FRANCE	1. General scheme:	Mariners' scheme	Ossom
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	General scheme	FRANCE	–  Group III (constant attendance)	Mariners' scheme	Ossom	Concordance	Concordance	Concordance	Concordance	No concordance
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	General scheme	FRANCE	–  Group II	Mariners' scheme	Ossom	Concordance	Concordance	Concordance	Concordance	No concordance
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	General scheme	FRANCE	–  Group I	Mariners' scheme	Ossom	Concordance	Concordance	Concordance	Concordance	No concordance
2. Agricultural scheme	2. Agricultural scheme	2. Agricultural scheme	2. Agricultural scheme	2. Agricultural scheme	2. Agricultural scheme	2. Agricultural scheme
–  Total, general invalidity	Concordance	Concordance	Concordance	Concordance	No concordance
–  Two-thirds general invalidity	Concordance	Concordance	Concordance	Concordance	No concordance
–  Constant attendance	Concordance	Concordance	Concordance	Concordance	No concordance
3. Miners' scheme:	3. Miners' scheme:	3. Miners' scheme:	3. Miners' scheme:	3. Miners' scheme:	3. Miners' scheme:	3. Miners' scheme:
–  Partial, general invalidity	Concordance	Concordance	Concordance	Concordance	No concordance
–  Constant attendance	Concordance	Concordance	Concordance	Concordance	No concordance
–  Occupational invalidity	No concordance	No concordance	Concordance	No concordance	No concordance
4. Mariners' scheme:	4. Mariners' scheme:	4. Mariners' scheme:	4. Mariners' scheme:	4. Mariners' scheme:	4. Mariners' scheme:	4. Mariners' scheme:
–  General invalidity	Concordance	Concordance	Concordance	Concordance	No concordance
–  Constant attendance	Concordance	Concordance	Concordance	Concordance	No concordance
–  Occupational invalidity	No concordance	No concordance	No concordance	No concordance	No concordance
ITALY	1. General scheme:
ITALY	–  Invalidity — manual workers	No concordance	Concordance	Concordance	Concordance	No concordance
ITALY	–  Invalidity — clerical staff	No concordance	Concordance	Concordance	Concordance	No concordance
2. Mariners' scheme:	2. Mariners' scheme:	2. Mariners' scheme:	2. Mariners' scheme:	2. Mariners' scheme:	2. Mariners' scheme:	2. Mariners' scheme:
–  Unfitness for seafaring	No concordance	No concordance	No concordance	No concordance	No concordance
—————	—————	—————	—————	—————	—————	—————

FRANCE

Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	Schemes administered by French institutions on which the decision is binding in cases of concordances	Schemes administered by French institutions on which the decision is binding in cases of concordances	Schemes administered by French institutions on which the decision is binding in cases of concordances	Schemes administered by French institutions on which the decision is binding in cases of concordances	Schemes administered by French institutions on which the decision is binding in cases of concordances	Schemes administered by French institutions on which the decision is binding in cases of concordances	Schemes administered by French institutions on which the decision is binding in cases of concordances	Schemes administered by French institutions on which the decision is binding in cases of concordances	Schemes administered by French institutions on which the decision is binding in cases of concordances	Schemes administered by French institutions on which the decision is binding in cases of concordances	Schemes administered by French institutions on which the decision is binding in cases of concordances	Schemes administered by French institutions on which the decision is binding in cases of concordances
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	General scheme	General scheme	General scheme	Agricultural scheme	Agricultural scheme	Agricultural scheme	Miners' scheme	Miners' scheme	Miners' scheme	Mariners' scheme	Mariners' scheme	Mariners' scheme
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	Group I	Group II	Group III Constant attendance	2/3 Invalidity	Total invalidity	Constant attendance	2/3 General invalidity	Constant attendance	Occupational invalidity	2/3 General invalidity	Total occupational invalidity	Constant attendance
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	BELGIUM	1. General scheme	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	No concordance	No concordance	No concordance
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	–  partial general invalidity	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	No concordance	No concordance	No concordance
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	–  occupational invalidity	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	Concordance [^E0009]
3. Mariners' scheme	Concordance [^E0008]	No concordance	No concordance	Concordance [^E0008]	No concordance	No concordance	Concordance [^E0008]	No concordance	No concordance	No concordance	No concordance	No concordance
ITALY	1. General scheme
ITALY	–  invalidity — manual workers	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	No concordance	No concordance	No concordance
ITALY	–  invalidity — clerical staff	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	No concordance	No concordance	No concordance
2. Mariners' scheme	2. Mariners' scheme	2. Mariners' scheme	2. Mariners' scheme	2. Mariners' scheme	2. Mariners' scheme	2. Mariners' scheme	2. Mariners' scheme	2. Mariners' scheme	2. Mariners' scheme	2. Mariners' scheme	2. Mariners' scheme	2. Mariners' scheme	2. Mariners' scheme
–  unfitness for seafaring	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance
—————	—————	—————	—————	—————	—————	—————	—————	—————	—————	—————	—————	—————	—————

In so far as the invalidity recognised by the Belgian institutions is general invalidity.

Only if the Belgian institution has recognised that the worker is unfit for work underground or at ground level.

ITALY

Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	Schemes administered by Italian institutions on which the decision is binding in cases of concordance	Schemes administered by Italian institutions on which the decision is binding in cases of concordance	Schemes administered by Italian institutions on which the decision is binding in cases of concordance
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	General scheme	General scheme	Mariners unfit for navigation
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	Manual workers	Clerical staff	Mariners unfit for navigation
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	BELGIUM	1. General scheme	Mariners unfit for navigation	No concordance	No concordance	No concordance
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme	2. Miners' scheme
–  partial general invalidity	Concordance	Concordance	No concordance	Mariners unfit for navigation
–  occupational invalidity	No concordance	No concordance	No concordance
3. Mariners' scheme	No concordance	No concordance	No concordance
FRANCE	1. General scheme
FRANCE	–  Group III (constant attendance)	Concordance	Concordance	No concordance
FRANCE	–  Group II	Concordance	Concordance	No concordance
FRANCE	–  Group I	Concordance	Concordance	No concordance
2. Agricultural scheme	2. Agricultural scheme	2. Agricultural scheme	2. Agricultural scheme	2. Agricultural scheme
–  total general invalidity	Concordance	Concordance	No concordance
–  partial general invalidity	Concordance	Concordance	No concordance
–  constant attendance	Concordance	Concordance	No concordance
3. Miners' scheme	3. Miners' scheme	3. Miners' scheme	3. Miners' scheme	3. Miners' scheme
–  partial general invalidity	Concordance	Concordance	No concordance
–  constant attendance	Concordance	Concordance	No concordance
–  occupational invalidity	No concordance	No concordance	No concordance
4. Mariners' scheme	4. Mariners' scheme	4. Mariners' scheme	4. Mariners' scheme	4. Mariners' scheme
–  partial general invalidity	No concordance	No concordance	No concordance
–  constant attendance	No concordance	No concordance	No concordance
–  occupational invalidity

ANNEX VIII

CASES IN WHICH THE PRO RATA CALCULATION SHALL BE WAIVED OR SHALL NOT APPLY

(Article 52(4) and 52(5))

Part 1:   Cases in which the pro rata calculation shall be waived pursuant to Article 52(4)

DENMARK

All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IX.

IRELAND

All applications for state pension (transition), state pension (contributory), widow's (contributory) pension and widower’s (contributory) pension.

CYPRUS

All applications for old age, invalidity, widow’s and widower’s pensions.

LATVIA

• (a) All applications for invalidity pensions (Law on State Pensions of 1 January 1996);

• (b) All applications for survivor’s pensions (Law on State pensions of 1 January 1996; Law on State funded pensions of 1 July 2001).

LITHUANIA

All applications for State social insurance survivor’s pensions calculated on the basis of the basic amount of survivor’s pension (Law on State Social Insurance Pensions).

NETHERLANDS

All applications for old-age pensions under the law on general old-age insurance (AOW).

AUSTRIA

• (a) All applications for benefits under the Federal Act of 9 September 1955 on General Social Insurance – ASVG, the Federal Act of 11 October 1978 on social insurance for self-employed persons engaged in trade and commerce – GSVG, the Federal Act of 11 October 1978 on social insurance for self-employed farmers – BSVG and the Federal Act of 30 November 1978 on social insurance for the self-employed in the liberal professions (FSVG);

• (b) All applications for invalidity pensions based on a pension account pursuant to the General Pensions Act (APG) of 18 November 2004;

• (c) All applications for survivors’ pensions based on a pension account pursuant to the General Pensions Act (APG) of 18 November 2004, with the exception of cases under Part 2;

• (d) All applications for invalidity and survivors’ pensions of the Austrian Provincial Chambers of Physicians (Landesärztekammer) based on basic provision (basic and any supplementary benefit, or basic pension);

• (e) All applications for permanent occupational invalidity support and survivors’ support from the pension fund of the Austrian Chamber of Veterinary Surgeons;

• (f) All applications for benefits from occupational invalidity, widows and orphans pensions according to the statutes of the welfare institutions of the Austrian bar associations, Part A;

• (g) All applications for benefits under the Notary Insurance Act of 3 February 1972 – NVG 1972.

POLAND

All applications for disability pensions, old-age under the defined benefits scheme and survivors' pensions, except for the cases where the totalised periods of insurance completed under the legislation of more than one Member State are equal to or longer than 20 years for women and 25 years for men but the national periods of insurance are inferior to these limits (and not less than 15 years for women and 20 years for men), and the calculation is made under Articles 27 and 28 of the Act of 17 December 1998 (O.J. 2015, item 748).

PORTUGAL

All applications for invalidity, old-age and survivors' pension claims, except for the cases where the totalised periods of insurance completed under the legislation of more than one Member State are equal to or longer than 21 calendar years but the national periods of insurance are equal or inferior to 20 years, and the calculation is made under Articles 32 and 33 of Decree-Law No 187/2007 of 10 May 2007.

SLOVAKIA

• (a) All applications for survivors’ pension (widow’s pension, widower’s and orphan’s pension) calculated according to the legislation in force before 1 January 2004, the amount of which is derived from a pension formerly paid to the deceased;

• (b) All applications for pensions calculated pursuant to Act No 461/2003 Coll. on social security as amended.

SWEDEN

• (a) Applications for an old-age pension in the form of a guaranteed pension (Chapters 66 and 67 of the Social Insurance Code).

• (b) Applications for an old-age pension in the form of a supplementary pension (Chapter 63 of the Social Insurance Code).

UNITED KINGDOM

All applications for retirement pension, state pension pursuant to Part 1 of the Pensions Act 2014, widows' and bereavement benefits, with the exception of those for which during a tax year beginning on or after 6 April 1975:

• (i) the party concerned had completed periods of insurance, employment or residence under the legislation of the United Kingdom and another Member State; and one (or more) of the tax years was not considered a qualifying year within the meaning of the legislation of the United Kingdom;

• (ii) the periods of insurance completed under the legislation in force in the United Kingdom for the periods prior to 5 July 1948 would be taken into account for the purposes of Article 52(1)(b) of the Regulation by application of the periods of insurance, employment or residence under the legislation of another Member State.

All applications for additional pension pursuant to the Social Security Contributions and Benefits Act 1992, section 44, and the Social Security Contributions and Benefits (Northern Ireland) Act 1992, section 44.

Part 2:   Cases in which Article 52(5) applies

BULGARIA

Old age pensions from the Supplementary Compulsory Pension Insurance, under Part II, Title II, of the Social Insurance Code.

CZECH REPUBLIC

Pensions paid from the Second Pillar scheme established by Act No 426/2011 Coll., on pension savings.

DENMARK

• (a) Personal pensions;

• (b) Benefits in the event of death (accrued based on contributions to Arbejdsmarkedets Tillægspension related to the time before 1 January 2002);

• (c) Benefits in the event of death (accrued based on contributions to Arbejdsmarkedets Tillægspension related to the time after 1 January 2002) referred to in the Consolidated Act on Labour Market Supplementary Pension (Arbejdsmarkedets Tillægspension) 942:2009.

ESTONIA

Mandatory funded old-age pension scheme.

FRANCE

Basic or supplementary schemes in which old-age benefits are calculated on the basis of retirement points.

CROATIA

Pensions from the compulsory insurance scheme based on the individual capitalised savings according to the Compulsory and Voluntary Pension Funds Act (OG 49/99, as amended) and the Act on Pension Insurance Companies and Payment of Pensions Based on Individual Capitalised Savings (OG 106/99, as amended), except in the cases provided by Articles 47 and 48 of the Compulsory and Voluntary Pension Funds Act (invalidity pension based on general incapacity to work and survivor’s pension).

LATVIA

Old-age pensions (Law on State pensions of 1 January 1996; Law on State funded pensions of 1 July 2001).

HUNGARY

Pension benefits based on membership of private pension funds.

AUSTRIA

• (a) Old-age pensions and survivor’s pensions derived thereof based on a pension account pursuant to the General Pensions Act (APG) of 18 November 2004;

• (b) Compulsory allowances under Article 41 of the Federal Law of 28 December 2001, BGBl I Nr. 154 on the general salary fund of Austrian pharmacists (Pharmazeutische Gehaltskasse für Österreich);

• (c) Retirement and early retirement pensions of the Austrian Provincial Chambers of Physicians based on basic provision (basic and any supplementary benefit, or basic pension), and all pension benefits of the Austrian Provincial Chambers of Physicians based on additional provision (additional or individual pension);

• (d) Old-age support from the pension fund of the Austrian Chamber of Veterinary Surgeons;

• (e) Benefits according to the statutes of the welfare institutions of the Austrian bar associations, Parts A and B, with the exception of applications for benefits from disability, widows’ and orphans’ pensions according to the statutes of the welfare institutions of the Austrian bar associations, Part A;

• (f) Benefits by the welfare institutions of the Federal Chamber of Architects and Consulting Engineers under the Austrian Civil Engineers’ Chamber Act (Ziviltechnikerkammergesetz) 1993 and the statutes of the welfare institutions, with the exception of benefits on grounds of occupational invalidity and survivors’ benefits deriving from the last-named benefits;

• (g) Benefits according to the statute of the welfare institution of the Federal Chamber of Professional Accountants and Tax Advisors under the Austrian Professional Accountants and Tax Advisors’ Act (Wirtschaftstreuhandberufsgesetz).

POLAND

Old-age pensions under the defined contribution scheme.

PORTUGAL

Supplementary pensions granted pursuant to Decree-Law No 26/2008 of 22 February 2008 (public capitalisation scheme).

SLOVENIA

Pension from compulsory supplementary pension insurance.

SLOVAKIA

Mandatory old-age pension saving.

SWEDEN

Old-age pension in the form of an income pension and a premium pension (Chapters 62 and 64 of the Social Insurance Code).

UNITED KINGDOM

Graduated retirement benefits paid pursuant to the National Insurance Act 1965, sections 36 and 37, and the National Insurance Act (Northern Ireland) 1966, sections 35 and 36.

ANNEX IX

BENEFITS AND AGREEMENTS WHICH ALLOW THE APPLICATION OF ARTICLE 54

I. Benefits referred to in Article 54(2)(a) of the Regulation, the amount of which is independent of the length of periods of insurance or residence completed

BELGIUM

Benefits relating to the general invalidity scheme, the special invalidity scheme for miners and the special scheme for merchant navy mariners

Benefits on insurance for self-employed persons against incapacity to work

Benefits relating to invalidity in the overseas social insurance scheme and the invalidity scheme for former employees of the Belgian Congo and Rwanda-Urundi

DENMARK

The full Danish national old-age pension acquired after 10 years' residence by persons who will have been awarded a pension by 1 October 1989

IRELAND

Type A Invalidity pension

GREECE

Benefits under Law No 4169/1961 relating to the agricultural insurance scheme (OGA)

SPAIN

Survivors' pensions granted under the general and special schemes, with the exception of the Special Scheme for Civil Servants

FRANCE

Invalidity pension under the general social security system or under the agricultural workers scheme

Widower's or widow's invalidity pension under the general social security system or under the agricultural workers scheme where it is calculated on the basis of the deceased spouse's invalidity pension settled in accordance with Article 52(1)(a)

LATVIA

Invalidity pensions (third group) under Article 16(1)(2) of the Law on State Pensions of 1 January 1996

NETHERLANDS

Disability Insurance Act of 18 February 1966, as amended (WAO)

Self-employed Persons Disablement Benefits Act of 24 April 1997, as amended (WAZ)

General Surviving Relatives Act of 21 December 1995 (ANW)

The Work and Income according to Labour Capacity Act of 10 November 2005 (WIA)

FINLAND

National pensions to persons who are born disabled or become disabled at an early age (the National Pensions Act, 568/2007)

National pensions and spouse's pensions determined according to the transitional rules and awarded prior to the 1 of January 1994 (Act on Enforcement of the National Pensions Act, 569/2007)

The additional amount of child’s pension when calculating independent benefit according to the National Pension Act (the National Pension Act, 568/2007)

SWEDEN

Income-related sickness compensation and income-related activity compensation (Chapter 34 of the Social Insurance Code)

Guaranteed pension and guaranteed compensation which replaced the full state pensions provided under the legislation on the state pension which applied before 1 January 1993, and the full state pension awarded under the transitional rules of the legislation applying from that date

II.   Benefits referred to in Article 54(2)(b) of the Regulation, the amount of which is determined by reference to a credited period deemed to have been completed between the date on which the risk materialised and a later date

GERMANY

Invalidity and survivors' pensions, for which account is taken of a supplementary period

Old-age pensions, for which account is taken of a supplementary period already acquired

SPAIN

The pensions for retirement or retirement for permanent disability (invalidity) under the Special Scheme for Civil Servants due under Title I of the consolidated text of the Law on State Pensioners if at the time of materialisation of the risk the beneficiary was an active civil servant or treated as such; death and survivors' (widows'/widowers', orphans' and parents') pensions due under Title I of the consolidated text of the Law on State Pensioners if at the time of death the civil servant was active or treated as such

ITALY

Italian pensions for total incapacity for work (inabilità)

LATVIA

Survivors' pension calculated on the basis of assumed insurance periods (Article 23(8) of the Law on State Pensions of 1 January 1996)

LITHUANIA

• (a) State social insurance work incapacity pensions, paid under the Law on State Social Insurance Pensions

• (b) State social insurance survivors’ and orphans’ pensions, calculated on the basis of the work incapacity pension of the deceased under the Law on State Social Insurance Pensions

LUXEMBOURG

Invalidity and survivors' pensions

SLOVAKIA

• (a) Slovak invalidity pension and survivors' pension derived therefrom

FINLAND

Employment pensions for which account is taken of future periods according to the national legislation

SWEDEN

Sickness compensation and activity compensation in the form of guarantee compensation (Chapter 35 of the Social Insurance Code)

Survivors' pension calculated on the basis of credited insurance periods (Chapters 76-85 of the Social Insurance Code)

III.   Agreements referred to in Article 54(2)(b)(i) of the Regulation intended to prevent the same credited period being taken into account two or more times:

The Social Security Agreement of 28 April 1997 between the Republic of Finland and the Federal Republic of Germany

The Social Security Agreement of 10 November 2000 between the Republic of Finland and the Grand Duchy of Luxembourg

Nordic Convention on social security of 18 August 2003

ANNEX X

SPECIAL NON-CONTRIBUTORY CASH BENEFITS

(Article 70(2)(c))

BELGIUM

• (a) Income replacement allowance (Law of 27 February 1987);

• (b) Guaranteed income for elderly persons (Law of 22 March 2001).

BULGARIA

Social Pension for old age (Article 89 of the Social Insurance Code).

CZECH REPUBLIC

Social allowance (State Social Support Act No 117/1995 Sb.).

DENMARK

Accommodation expenses for pensioners (Law on individual accommodation assistance, consolidated by Law No 204 of 29 March 1995).

GERMANY

• (a) Basic subsistence income for the elderly and for persons with reduced earning capacity under Chapter 4 of Book XII of the Social Code;

• (b) Benefits to cover subsistence costs under the basic provision for jobseekers unless, with respect to these benefits, the eligibility requirements for a temporary supplement following receipt of unemployment benefit (Article 24(1) of Book II of the Social Code) are fulfilled.

ESTONIA

• (a) Disabled adult allowance (Social Benefits for Disabled Persons Act of 27 January 1999);

• (b) State unemployment allowance (Labour Market Services and Support Act of 29 September 2005).

IRELAND

• (a) Jobseekers' allowance (Social Welfare Consolidation Act 2005, Part 3, Chapter 2);

• (b) State pension (non-contributory) (Social Welfare Consolidation Act 2005, Part 3, Chapter 4);

• (c) Widow’s (non-contributory) pension and widower’s (non-contributory) pension (Social Welfare Consolidation Act 2005, Part 3, Chapter 6);

• (d) Disability allowance (Social Welfare Consolidation Act 2005, Part 3, Chapter 10);

• (e) Mobility allowance (Health Act 1970, Section 61);

• (f) Blind pension (Social Welfare Consolidation Act 2005, Part 3, Chapter 5).

GREECE

Special benefits for the elderly (Law 1296/82).

SPAIN

• (a) Minimum income guarantee (Law No 13/82 of 7 April 1982);

• (b) Cash benefits to assist the elderly and invalids unable to work (Royal Decree No 2620/81 of 24 July 1981);

• (c) - (i) Non-contributory invalidity and retirement pensions as provided for in Article 38(1) of the Consolidated Text of the General Law on Social Security, approved by Royal Legislative Decree No 1/1994 of 20 June 1994; and
• (ii) the benefits which supplement the above pensions, as provided for in the legislation of the Comunidades Autonómas, where such supplements guarantee a minimum subsistence income having regard to the economic and social situation in the Comunidades Autonómas concerned;

• (d) Allowances to promote mobility and to compensate for transport costs (Law No 13/1982 of 7 April 1982).

FRANCE

• (a) Supplementary allowances of:
• (i) the Special Invalidity Fund; and
• (ii) the Old Age Solidarity Fund in respect of acquired rights (Law of 30 June 1956, codified in Book VIII of the Social Security Code);

• (b) Disabled adults’ allowance (Law of 30 June 1975, codified in Book VIII of the Social Security Code);

• (c) Special allowance (Law of 10 July 1952, codified in Book VIII of the Social Security Code) in respect of acquired rights;

• (d) Old-age solidarity allowance (ordinance of 24 June 2004, codified in Book VIII of the Social Security Code) as of 1 January 2006.

ITALY

• (a) Social pensions for persons without means (Law No 153 of 30 April 1969);

• (b) Pensions and allowances for the civilian disabled or invalids (Laws No 118 of 30 March 1971, No 18 of 11 February 1980 and No 508 of 23 November 1988);

• (c) Pensions and allowances for the deaf and dumb (Laws No 381 of 26 May 1970 and No 508 of 23 November 1988);

• (d) Pensions and allowances for the civilian blind (Laws No 382 of 27 May 1970 and No 508 of 23 November 1988);

• (e) Benefits supplementing the minimum pensions (Laws No 218 of 4 April 1952, No 638 of 11 November 1983 and No 407 of 29 December 1990);

• (f) Benefits supplementing disability allowances (Law No 222 of 12 June 1984);

• (g) Social allowance (Law No 335 of 8 August 1995);

• (h) Social increase (Article 1(1) and (12) of Law No 544 of 29 December 1988 and successive amendments).

CYPRUS

• (a) Social Pension (Social Pension Law of 1995 (Law 25(I)/95), as amended);

• (b) Severe motor disability allowance (Council of Ministers’ Decisions Nos 38210 of 16 October 1992, 41370 of 1 August 1994, 46183 of 11 June 1997 and 53675 of 16 May 2001);

• (c) Special grant to blind persons (Special Grants Law of 1996 (Law 77(I)/96), as amended).

LATVIA

• (a) State Social Security Benefit (Law on State Social Benefits of 1 January 2003);

• (b) Allowance for the compensation of transportation expenses for disabled persons with restricted mobility (Law on State Social Benefits of 1 January 2003).

LITHUANIA

• (a) Social assistance pension (Law of 2005 on State Social Assistance Benefits, Article 5);

• (b) Relief compensation (Law of 2005 on State Social Assistance Benefits, Article 15);

• (c) Transport compensation for the disabled who have mobility problems (Law of 2000 on Transport Compensation, Article 7).

LUXEMBOURG

Income for the seriously disabled (Article 1(2), Law of 12 September 2003), with the exception of persons recognised as being disabled workers and employed on the mainstream labour market or in a sheltered environment.

HUNGARY

• (a) Invalidity annuity (Decree No 83/1987 (XII 27) of the Council of Ministers on Invalidity Annuity);

• (b) Non-contributory old age allowance (Act III of 1993 on Social Administration and Social Benefits);

• (c) Transport allowance (Government Decree No 164/1995 (XII 27) on Transport Allowances for Persons with Severe Physical Handicap).

MALTA

• (a) Supplementary allowance (Section 73 of the Social Security Act (Cap. 318) 1987);

• (b) Age pension (Social Security Act (Cap. 318) 1987).

NETHERLANDS

• (a) Work and Employment Support for Disabled Young Persons Act of 24 April 1997 (Wet Wajong).

• (b) Supplementary Benefits Act of 6 November 1986 (TW).

AUSTRIA

Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance — ASVG, Federal Act of 11 October 1978 on Social insurance for persons engaged in trade and commerce — GSVG and Federal Act of 11 October 1978 on Social insurance for farmers — BSVG).

POLAND

Social pension (Act of 27 June 2003 on social pensions).

PORTUGAL

• (a) Non-contributory State old-age and invalidity pension (Decree-Law No 464/80 of 13 October 1980);

• (b) Non-contributory widowhood pension (Regulatory Decree No 52/81 of 11 November 1981);

• (c) Solidarity supplement for the elderly (Decree – Law No 232/2005 of 29 December 2005, amended by Decree – Law No 236/2006 of 11 December 2006).

SLOVENIA

• (a) State pension (Pension and Disability Insurance Act of 23 December 1999);

• (b) Income support for pensioners (Pension and Disability Insurance Act of 23 December 1999);

• (c) Maintenance allowance (Pension and Disability Insurance Act of 23 December 1999).

SLOVAKIA

• (a) Adjustment awarded before 1 January 2004 to pensions constituting the sole source of income;

• (b) Social pension which has been awarded before 1 January 2004.

FINLAND

• (a) Housing allowance for pensioners (Act concerning the Housing Allowance for pensioners, 571/2007);

• (b) Labour market support (Act on Unemployment Benefits 1290/2002);

• (c) Special assistance for immigrants (Act on Special Assistance for Immigrants, 1192/2002).

SWEDEN

• (a) Housing supplements for persons receiving a pension (Law 2001:761);

• (b) Financial support for the elderly (Law 2001:853).

UNITED KINGDOM

• (a) State Pension Credit (State Pension Credit Act 2002 and State Pension Credit Act (Northern Ireland) 2002);

• (b) Income-based allowances for jobseekers (Jobseekers Act 1995 and Jobseekers (Northern Ireland) Order 1995);

• (d) Disability Living Allowance mobility component (Social Security Contributions and Benefits Act 1992 and Social Security Contributions and Benefits (Northern Ireland) Act 1992);

• (e) Employment and Support Allowance Income-related (Welfare Reform Act 2007 and Welfare Reform Act (Northern Ireland) 2007).

ANNEX XI

SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF THE MEMBER STATES

(Articles 51(3), 56(1) and 83)

BULGARIA

Article 33 (1) of the Bulgarian Health Insurance Act shall apply to all persons for whom Bulgaria is the competent Member State under Chapter 1 of Title III of this Regulation.

CZECH REPUBLIC

For the purposes of defining members of the family according to Article 1(i), ‘spouse’ also includes registered partners as defined in the Czech act no. 115/2006 Coll., on registered partnership.

DENMARK

• 1. • (a) For the purpose of calculating the pension under the ‘lov om social pension’ (Social Pension Act), periods of activity as an employed or self-employed person completed under Danish legislation by a frontier worker or a worker who has gone to Denmark to do work of a seasonal nature are regarded as periods of residence completed in Denmark by the surviving spouse in so far as, during those periods, the surviving spouse was linked to the abovementioned worker by marriage without separation from bed and board or de facto separation on grounds of incompatibility, and provided that, during those periods, the spouse resided in the territory of another Member State. For the purposes of this point, ‘work of a seasonal nature’ means work which, being dependent on the succession of the seasons, automatically recurs each year.

• (b) For the purpose of calculating the pension under the ‘lov om social pension’ (Social Pension Act), periods of activity as an employed or self-employed person completed under Danish legislation before 1 January 1984 by a person to whom point 1(a) does not apply shall be regarded as periods of residence completed in Denmark by the surviving spouse, in so far as, during those periods, the surviving spouse was linked to the person by marriage without separation from bed and board or de facto separation on grounds of incompatibility, and provided that, during those periods, the spouse resided in the territory of another Member State.

• (c) Periods to be taken into account under points (a) and (b) shall not be taken into consideration if they coincide with the periods taken into account for the calculation of the pension due to the person concerned under the legislation on compulsory insurance of another Member State or with the periods during which the person concerned received a pension under such legislation. These periods shall, however, be taken into consideration if the annual amount of the said pension is less than half the basic amount of the social pension.

• 1. • (a) Notwithstanding the provisions of Article 6 of this Regulation, persons who have not been gainfully employed in one or more Member States are entitled to a Danish social pension only if they have been, or have previously been, permanent residents of Denmark for at least 3 years, subject to the age limits prescribed by Danish legislation. Subject to Article 4 of this Regulation, Article 7 does not apply to a Danish social pension to which entitlement has been acquired by such persons.

• (b) The abovementioned provisions do not apply to Danish social pension entitlement for the members of the family of persons who are or have been gainfully employed in Denmark, or for students or the members of their families.

• 1. The temporary benefit for unemployed persons who have been admitted to the ledighedsydelse (flexible job' scheme) (Law No 455 of 10 June 1997) is covered by Title III, Chapter 6 of this Regulation. As regards unemployed persons going to another Member State, Articles 64 and 65 will be applicable when this Member State has similar employment schemes for the same category of persons.

• 1. Where the beneficiary of a Danish social pension is also entitled to a survivor’s pension from another Member State, these pensions for the implementation of Danish legislation shall be regarded as benefits of the same kind within the meaning of Article 53(1) of this Regulation, subject to the condition, however, that the person whose periods of insurance or of residence serve as the basis for the calculation of the survivor’s pension had also acquired a right to a Danish social pension.

GERMANY

• 1. Notwithstanding Article 5(a) of this Regulation and Article 5(4) point 1 of the Sozialgesetzbuch VI (Volume VI of the Social Code), a person who receives a full old-age pension under the legislation of another Member State may request to be compulsorily insured under the German pension insurance scheme.

• 1. Notwithstanding Article 5(a) of this Regulation and Article 7 of the Sozialgesetzbuch VI (Volume VI of the Social Code), a person who is compulsorily insured in another Member State or receives an old-age pension under the legislation of another Member State may join the voluntary insurance scheme in Germany.

• 1. For the purpose of granting cash benefits under §47(1) of SGB V, §47(1) of SGB VII and §200(2) of the Reichsversicherungsordnung to insured persons who live in another Member State, German insurance schemes calculate net pay, which is used to assess benefits, as if the insured person lived in Germany, unless the insured person requests an assessment on the basis of the net pay which he actually receives.

• 1. Nationals of other Member States whose place of residence or usual abode is outside Germany and who fulfil the general conditions of the German pension insurance scheme may pay voluntary contributions only if they had been voluntarily or compulsorily insured in the German pension insurance scheme at some time previously; this also applies to stateless persons and refugees whose place of residence or usual abode is in another Member State.

• 1. The pauschale Anrechnungszeit (fixed credit period) pursuant to Article 253 of the Sozialgesetzbuch VI (Volume VI of the Social Code) shall be determined exclusively with reference to German periods.

• 1. In cases where the German pension legislation, in force on 31 December 1991, is applicable for the recalculation of a pension, only the German legislation applies for the purposes of crediting German Ersatzzeiten (substitute periods).

• 1. The German legislation on accidents at work and occupational diseases to be compensated for under the law governing foreign pensions and on benefits for insurance periods which can be credited under the law governing foreign pensions in the territories named in paragraph 1(2)(3) of the Act on affairs of displaced persons and refugees (Bundesvertriebenengesetz) continues to apply within the scope of application of this Regulation, notwithstanding the provisions of paragraph 2 of the Act on foreign pensions (Fremdrentengesetz).

• 1. For the calculation of the theoretical amount referred to in Article 52(1)(b)(i) of this Regulation, in pension schemes for liberal professions, the competent institution shall take as a basis, in respect of each of the years of insurance completed under the legislation of any other Member State, the average annual pension entitlement acquired during the period of membership of the competent institution through the payment of contributions.

ESTONIA

For the purpose of calculating parental benefits, periods of employment in Member States other than Estonia shall be considered to be based on the same average amount of Social Tax as paid during the periods of employment in Estonia with which they are aggregated. If during the reference year the person has been employed only in other Member States, the calculation of the benefit shall be considered to be based on the average Social Tax paid in Estonia between the reference year and the maternity leave.

IRELAND

• 1. Notwithstanding Articles 21(2) and 62 of this Regulation, for the purposes of calculating the prescribed reckonable weekly earnings of an insured person for the grant of sickness or unemployment benefit under Irish legislation, an amount equal to the average weekly wage of employed persons in the relevant prescribed year shall be credited to that insured person in respect of each week of activity as an employed person under the legislation of another Member State during that prescribed year.

• 1. Where Article 46 of this Regulation applies, if the person concerned suffers incapacity for work leading to invalidity while subject to the legislation of another Member State, Ireland shall, for the purposes of Section 118(1)(a) of the Social Welfare Consolidation Act 2005, take account of any periods during which, in respect of the invalidity that followed that incapacity for work, he/she would have been regarded as being incapable of work under Irish legislation.

GREECE

• 1. Law No 1469/84 concerning voluntary affiliation to the pension insurance scheme for Greek nationals and foreign nationals of Greek origin is applicable to nationals of other Member States, stateless persons and refugees, where the persons concerned, regardless of their place of residence or stay, have at some time in the past been compulsorily or voluntarily affiliated to the Greek pension insurance scheme.

• 1. Notwithstanding Article 5(a) of this Regulation and Article 34 of Law 1140/1981, a person who receives a pension in respect of accidents at work or occupational diseases under the legislation of another Member State may request to be compulsorily insured under the legislation applied by OGA, to the extent that he/she pursues an activity falling within the scope of that legislation.

SPAIN

• 1. For the purposes of implementing Article 52(1)(b)(i) of this Regulation, the years which the worker lacks to reach the pensionable or compulsory retirement age as stipulated under Article 31(4) of the consolidated version of the Ley de Clases Pasivas del Estado (Law on State Pensioners) shall be taken into account as actual years of service to the State only if at the time of the event in respect of which invalidity or death pensions are due, the beneficiary was covered by Spain’s special scheme for civil servants or was performing an activity assimilated under the scheme, or if, at the time of the event in respect of which the pensions are due, the beneficiary was performing an activity that would have required the person concerned to be included under the State’s special scheme for civil servants, the armed forces or the judiciary, had the activity been performed in Spain.

• 1. • (a) Under Article 56(1)(c) of this Regulation, the calculation of the theoretical Spanish benefit shall be carried out on the basis of the actual contributions of the person during the years immediately preceding payment of the last contribution to Spanish social security. Where, in the calculation of the basic amount for the pension, periods of insurance and/or residence under the legislation of other Member States have to be taken into account, the contribution basis in Spain which is closest in time to the reference periods shall be used for the aforementioned periods, taking into account the development of the retail price index.

• (b) The amount of the pension obtained shall be increased by the amount of the increases and revaluations calculated for each subsequent year for pensions of the same nature.

• 1. Periods completed in other Member States which must be calculated in the special scheme for civil servants, the armed forces and the judicial administration, will be treated in the same way, for the purposes of Article 56 of this Regulation, as the periods closest in time covered as a civil servant in Spain.

• 1. The additional amounts based on age referred to in the Second Transitional Provision of the General Law on Social Security shall be applicable to all beneficiaries of the Regulation who have contributions to their name under the Spanish legislation prior to 1 January 1967; it shall not be possible, by application of Article 5 of this Regulation, to treat periods of insurance credited in another Member State prior to the aforementioned date as being the same as contributions paid in Spain, solely for the present purposes. The date corresponding to 1 January 1967 shall be 1 August 1970 for the Special Scheme for Seafarers and 1 April 1969 for the Special Social Security Scheme for Coal Mining.

FRANCE

• 1. For persons receiving benefits in kind in France pursuant to Articles 17, 24 or 26 of this Regulation who are resident in the French departments of Haut-Rhin, Bas-Rhin or Moselle, benefits in kind provided on behalf of the institution of another Member State which is responsible for bearing their cost include benefits provided by both the general sickness insurance scheme and the obligatory supplementary local sickness insurance scheme of Alsace-Moselle.

• 1. French legislation applicable to a person engaged, or formerly engaged, in an activity as an employed or self-employed person for the application of Chapter 5 of Title III of this Regulation includes both the basic old-age insurance scheme(s) and the supplementary retirement scheme(s) to which the person concerned was subject.

CYPRUS

For the purpose of applying the provisions of Articles 6, 51 and 61 of this Regulation, for any period commencing on or after 6 October 1980, a week of insurance under the legislation of the Republic of Cyprus is determined by dividing the total insurable earnings for the relevant period by the weekly amount of the basic insurable earnings applicable in the relevant contribution year, provided that the number of weeks so determined shall not exceed the number of calendar weeks in the relevant period.

MALTA

Special provisions for civil servants

• (a) Solely for the purposes of the application of Articles 49 and 60 of this Regulation, persons employed under the Malta Armed Forces Act (Chapter 220 of the Laws of Malta), the Police Act (Chapter 164 of the Laws of Malta) and the Prisons Act (Chapter 260 of the Laws of Malta) shall be treated as civil servants.

• (b) Pensions payable under the above Acts and under the Pensions Ordinance (Chapter 93 of the Laws of Malta) shall, solely for the purposes of Article 1(e) of the Regulation, be considered as ‘special schemes for civil servants’.

NETHERLANDS

• 1. Health care insurance

• (a) As regards entitlement to benefits in kind under Dutch legislation, persons entitled to benefits in kind for the purpose of the implementation of Chapters 1 and 2 of Title III of this Regulation shall mean:
• (i) persons who, under Article 2 of the Zorgverzekeringswet (Health Care Insurance Act), are obliged to take out insurance under a health care insurer; and
• (ii) in so far as they are not already included under point (i), members of the family of active military personnel who are living in another Member State and persons who are resident in another Member State and who, under this Regulation are entitled to health care in their state of residence, the costs being borne by the Netherlands.

• (b) The persons referred to in point 1(a)(i) must, in accordance with the provisions of the Zorgverzekeringswet (Health Care Insurance Act) take out insurance with a health care insurer, and the persons referred to in point 1(a)(ii) must register with the College voor zorgverzekeringen (Health Care Insurance Board).

• (c) The provisions of the Zorgverzekeringswet (Health Care Insurance Act) and the Algemene Wet Bijzondere Ziektekosten (General Act on Exceptional Medical Expenses) concerning liability for the payment of contributions shall apply to the persons referred to in point (a) and the members of their families. In respect of members of the family, the contributions shall be levied on the person from whom the right to health care is derived with the exception of the members of the family of military personnel living in another Member State, who shall be levied directly.

• (d) The provisions of the Zorgverzekeringswet (Health Care Insurance Act) concerning late insurance shall apply mutatis mutandis in the event of late registration with the College voor zorgverzekeringen (Health Care Insurance Board) in respect of the persons referred to in point 1(a)(ii).

• (e) Persons entitled to benefits in kind by virtue of the legislation of a Member State other than the Netherlands who reside in the Netherlands or stay temporarily in the Netherlands shall be entitled to benefits in kind in accordance with the policy offered to insured persons in the Netherlands by the institution of the place of residence or the place of stay, taking into account Article 11(1), (2) and (3) and Article 19(1) of the Zorgverzekeringswet (Health Care Insurance Act), as well as to benefits in kind provided for by the Algemene Wet Bijzondere Ziektekosten (General Act on Exceptional Medical Expenses).

• (f) For the purposes of Articles 23 to 30 of this Regulation, the following benefits (in addition to pensions covered by Title III, Chapters 4 and 5 of this Regulation) shall be treated as pensions due under Dutch legislation:
• — pensions awarded under the Law of 6 January 1966 on pensions for civil servants and their survivors (Algemene burgerlijke pensioenwet) (Netherlands Civil Service Pensions Act),
• — pensions awarded under the Law of 6 October 1966 on pensions for military personnel and their survivors (Algemene militaire pensioenwet) (Military Pensions Act),
• — benefits for incapacity for work awarded under the Law of 7 June 1972 on benefits for incapacity for work for military personnel (Wetarbeidsongeschiktheidsvoorziening militairen) (Military Personnel Incapacity for Work Act),
• — pensions awarded under the Law of 15 February 1967 on pensions for employees of the NV Nederlandse Spoorwegen (Dutch Railway Company) and their survivors (Spoorwegpensioenwet) (Railway Pensions Act),
• — pensions awarded under the Reglement Dienstvoorwaarden Nederlandse Spoorwegen (Regulation governing conditions of employment of the Netherlands Railway Company),
• — benefits awarded to retired persons before reaching the pensionable age of 65 years under a pension designed to provide income for former employed persons in their old age, or benefits provided in the event of premature exit from the labour market under a scheme set up by the state or by an industrial agreement for persons aged 55 or over,
• — benefits awarded to military personnel and civil servants under a scheme applicable in the event of redundancy, superannuation and early retirement.

• (h) For the purposes of Article 18(1) of this Regulation, the persons referred to in point 1(a)(ii) of this Annex who stay temporarily in the Netherlands shall be entitled to benefits in kind in accordance with the policy offered to insured persons in the Netherlands by the institution of the place of stay, taking into account Article 11(1), (2) and (3) and Article 19(1) of the Zorgverzekeringswet (Health Care Insurance Act), as well as to benefits in kind provided for by the Algemene Wet Bijzondere Ziektekosten (General Act on Exceptional Medical Expenses).

• 1. Application of the Algemene Ouderdomswet (AOW)  (General Old Age Pensions Act)

• (a) The reduction referred to in Article 13(1) of the Algemene Ouderdomswet (AOW)  (General Old Age Pensions Act) shall not be applied for calendar years before 1 January 1957 during which a recipient not satisfying the conditions for having such years treated as periods of insurance:
• — resided in the Netherlands between the ages of 15 and 65, or
• — while residing in another Member State, worked in the Netherlands for an employer established in the Netherlands, or
• — worked in another Member State during periods regarded as periods of insurance under the Dutch social security system. By way of derogation from Article 7 of the AOW, anyone who resided or worked in the Netherlands in accordance with the above conditions only prior to 1 January 1957 shall also be regarded as being entitled to a pension.

• (b) The reduction referred to in Article 13(1) of the AOW shall not apply to calendar years prior to 2 August 1989 during which, between the ages of 15 and 65, a person who is or was married was not insured under the above legislation, while being resident in the territory of a Member State other than the Netherlands, if these calendar years coincide with periods of insurance completed by the person’s spouse under  the above legislation or with calendar years to be taken into account under point 2(a), provided that the couple’s marriage subsisted during that time. By way of derogation from Article 7 of the AOW, such a person shall be regarded as entitled to a pension.

• (c) The reduction referred to in Article 13(2) of the AOW shall not apply to calendar years before 1 January 1957 during which a pensioner’s spouse who fails to satisfy the conditions for having such years treated as periods of insurance:
• — resided in the Netherlands between the ages of 15 and 65, or
• — while residing in another Member State, worked in the Netherlands for an employer established in the Netherlands, or
• — worked in another Member State during periods regarded as periods of insurance under the Netherlands social security system.

• (d) The reduction referred to in Article 13(2) of the AOW shall not apply to calendar years prior to 2 August 1989 during which, between the ages of 15 and 65, a pensioner’s spouse resident in a Member State other than the Netherlands was not insured under the above legislation, if those calendar years coincide with periods of insurance completed by the pensioner under that legislation or with calendar years to be taken into account under point 2(a), provided that the couple’s marriage subsisted during that time.

• (e) Points 2(a), 2(b), 2(c) and 2(d) shall not apply to periods which coincide with:
• — periods which may be taken into account for calculating pension rights under the old-age insurance legislation of a Member State other than the Netherlands, or
• — periods for which the person concerned has drawn an old-age pension under such legislation. Periods of voluntary insurance under the system of another Member State shall not be taken into account for the purposes of this provision.

• (f) Points 2(a), 2(b), 2(c) and 2(d) shall apply only if the person concerned has resided in one or more Member States for 6 years after the age of 59 and only for such time as that person is resident in one of those Member States.