31973Y0919(07)

DECISION No 79 of 22 February 1973 concerning the interpretation of Article 48 (2) of Regulation (EEC) No 1408/71 relating to the aggregation of insurance periods and periods treated as such for the purposes of invalidity, old age and death

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

Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all questions of interpretation arising from the provisions of Regulations (EEC) Nos 1408/71 and 574/72;

Whereas Decision No 34 published in the Official Journal of the European Communities No 13 of 17 February 1961 has been rendered unvalid by the entry into force of Regulations (EEC) Nos 1408/71 and 574/72, but, taking into account the provisions of the said Regulations, there are grounds for adopting a new decision specifying to what extent insurance periods completed in a Member State shall be taken into consideration in accordance with Article 48 (2) of Regulation (EEC) No 1408/71 by the institutions of other Member States if such periods do not amount to twelve months, the minimum insurance period required under the legislation of the State where the said periods have been completed being nevertheless satisfied by the periods completed in the said State only;

Whereas by virtue of the provision of Article 48 (1) of Regulation (EEC) No 1408/71, the exemptions from that Regulation shall not apply if entitlement to benefits is acquired by virtue of the legislation under which the person concerned has been insured for less than twelve months, but based only on the periods completed under the said legislation, after deliberation in the light of the conditions laid down in Article 80 (3) of Regulation (EEC) No 1408/71;

HAS DECIDED:

1. Where the insurance periods completed in a Member State do not amount in total to twelve months, whereas the minimum insurance period required under the legislation of the said State for the award of benefits has been satisfied only by the periods completed within the State in question, such periods shall be taken into consideration by the Member States where the person concerned has been insured for the purpose, where appropriate, of the acquisition, retention or recovery of entitlement to benefits and for the calculation both of the amount of the theoretical pension and of any pro rata part of it.

2. This Decision shall be published in the Official Journal of the European Communities. It shall apply as from 1 October 1972 to the six Founder Member States and, in accordance with the Treaty of Accession, as from 1 April 1973 for the three new Member States.

The President of the Administrative Commission

J. DONIS