31975Y0705(02)

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

DECISION No 99 of 13 March 1975 concerning the interpretation of Article 107 (1) of Regulation (EEC) No 574/72 with regard to the obligation to recalculate current benefits > 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, under which it is made responsible for dealing with all questions of interpretation arising from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72;

Having regard to Article 107 (1) of Regulation (EEC) No 574/72 as last amended by Regulation (EEC) No 2639/74;

Whereas Article 107 (1) of Regulation (EEC) No 574/72 gives the rate of conversion into a national currency of amounts shown in another national currency for the award or recalculation of benefits referred to in the Articles listed therein;

Whereas the introduction of a reference period referred to in Article 107 (2) of Regulation (EEC) No 574/72 does not mean that all benefits need to be recalculated once every quarter, which would be difficult to implement, in particular in the case of pensions, and would lead to delays in payment;

Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,

HAS DECIDED AS FOLLOWS: "1. Article 107 (1) shall be interpreted asdetermining the rate of conversion applicable whenbenefits are fixed or when they are recalculated inaccordance with Article 51 (2) of Regulation (EEC)No 1408/71.

On the other hand, Article 107 (1) involves noobligation to recalculate current benefits (especiallypensions) every three months by applying the rate ofconversion specified in Article 107 (1) (a) and (b).

2. This Decision shall be published in the OfficialJournal of the European Communities. It shall enterinto force from 1 January 1975. " The Chairman of the Administrative Commission

F. HYNES