Decision No 140

of 17 October 1989

concerning the rate of conversion to be applied by the institution of a wholly unemployed frontier worker's place of residence to the last wage or salary he received in the competent State

(90/C 94/04)

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,

Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, self-employed persons, and members of their families moving within the Community, under which it is made responsible for dealing with all administrative questions and questions of interpretation arising from Regulation (EEC) No 1408/71 and subsequent Regulations,

Having regard to Articles 68 (1) and 71 (1) (a) (ii) of Regulation (EEC) No 1408/71,

"Article 68 (1) of Regulation (EEC) No 1408/71, viewed in the light of Article 51 of the Treaty and the objectives which it pursues, must be interpreted as meaning that, in the case of a frontier worker, within the meaning of Article 1 (b) of that Regulation, who is wholly unemployed, the competent institution of the Member State of residence, whose national legislation provides that the calculation of benefits should be based on the amount of the previous wage or salary, shall calculate those benefits taking into account the wage or salary received by the worker in the last employment held by him in the Member State in which he was engaged immediately prior to his becoming unemployed."

Whereas, consequently, the rate of exchange should be determined that must be applied for the conversion of the amount of the wage or salary received by the worker into the currency of the Member State of residence,

HAS DECIDED AS FOLLOWS:

1. For the combined application of the provisions of Articles 68 (1) and 71 (1) (a) (ii) of Regulation (EEC) No 1408/71 the institution of the place of residence of a frontier worker who is wholly unemployed shall convert into its currency the amount of the wage or salary received by the worker in the last employment he pursued in the competent State immediately prior to his becoming unemployed, by using the rate of conversion referred to in Article 107 (1) of Regulation (EEC) No 574/72 applicable during the month in which the last wage or salary was received.

2. This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on the first day of the month following its publication.

The Chairman of the Administrative Commission

M. Mousseau

--------------------------------------------------