BWBV0003473
Geldig vanaf 09-05-1977
Artikel 29
Europees Verdrag inzake sociale zekerheid
1. The institution of each Contracting Party to whose legislation the person concerned has been subject shall determine, in accordance with the legislation which it applies, whether such person satisfies the conditions for entitlement to benefits having regard, where appropriate, to the provisions of Article 28.
2. If the person concerned satisfies those conditions, the said institution shall calculate the theoretical amount of the benefit he could claim if all the periods of insurance and of residence completed under the legislation of the Contracting Parties concerned, and taken into account for determining entitlement, in accordance with the provisions of Article 28, had been completed exclusively under the legislation which that institution applies.
3. However,
(a) in the case of benefits the amount of which does not depend on the length of periods completed, that amount shall be taken to be the theoretical amount referred to in the preceding paragraph;
(b) in the case of benefits specified in Annex IV, the theoretical amount referred to in the preceding paragraph may be calculated on the basis of the full benefit and up to an amount not exceeding it: (i) in the case of invalidity or death, in proportion to the ratio of the total periods of insurance and residence completed, before the contingency arose, by the person concerned or the deceased under the legislation of all Contracting Parties concerned and taken into account in accordance with the provisions of Article 28, to two-thirds the number of years which elapsed between the date on which the person concerned or the deceased reached the age of sixteen and the date on which occurred the incapacity for work followed by invalidity or the death, as the case may be, disregarding any years subsequent to pensionable age;
(ii) in the case of old age, in proportion to the ratio of the total periods of insurance and residence completed by the person concerned under the legislation of all the Contracting Parties concerned, and taken into account in accordance with the provisions of Article 28, to thirty years, disregarding any years subsequent to pensionable age.
(i) in the case of invalidity or death, in proportion to the ratio of the total periods of insurance and residence completed, before the contingency arose, by the person concerned or the deceased under the legislation of all Contracting Parties concerned and taken into account in accordance with the provisions of Article 28, to two-thirds the number of years which elapsed between the date on which the person concerned or the deceased reached the age of sixteen and the date on which occurred the incapacity for work followed by invalidity or the death, as the case may be, disregarding any years subsequent to pensionable age;
(ii) in the case of old age, in proportion to the ratio of the total periods of insurance and residence completed by the person concerned under the legislation of all the Contracting Parties concerned, and taken into account in accordance with the provisions of Article 28, to thirty years, disregarding any years subsequent to pensionable age.
4. The said institution shall then calculate the actual amount of the benefit payable by it to the person concerned on the basis of the theoretical amount calculated in accordance with the provisions of paragraph 2 or of paragraph 3 of this Article, as appropriate, and in proportion to the ratio of the periods of insurance or residence completed before the contingency arose under the legislation which it applies, to the total of the periods of insurance or residence completed before the contingency arose under the legislation of all the Contracting Parties concerned.
5. Where the legislation of a Contracting Party provides that the amount of benefits or certain parts thereof shall be in proportion to the periods of insurance or residence completed, the competent institution of that Party may calculate those benefits or parts thereof directly, solely on the basis of the periods completed under the legislation which it applies, notwithstanding the provisions of paragraphs 2 to 4 of this Article.
2. If the person concerned satisfies those conditions, the said institution shall calculate the theoretical amount of the benefit he could claim if all the periods of insurance and of residence completed under the legislation of the Contracting Parties concerned, and taken into account for determining entitlement, in accordance with the provisions of Article 28, had been completed exclusively under the legislation which that institution applies.
3. However,
(a) in the case of benefits the amount of which does not depend on the length of periods completed, that amount shall be taken to be the theoretical amount referred to in the preceding paragraph;
(b) in the case of benefits specified in Annex IV, the theoretical amount referred to in the preceding paragraph may be calculated on the basis of the full benefit and up to an amount not exceeding it: (i) in the case of invalidity or death, in proportion to the ratio of the total periods of insurance and residence completed, before the contingency arose, by the person concerned or the deceased under the legislation of all Contracting Parties concerned and taken into account in accordance with the provisions of Article 28, to two-thirds the number of years which elapsed between the date on which the person concerned or the deceased reached the age of sixteen and the date on which occurred the incapacity for work followed by invalidity or the death, as the case may be, disregarding any years subsequent to pensionable age;
(ii) in the case of old age, in proportion to the ratio of the total periods of insurance and residence completed by the person concerned under the legislation of all the Contracting Parties concerned, and taken into account in accordance with the provisions of Article 28, to thirty years, disregarding any years subsequent to pensionable age.
(i) in the case of invalidity or death, in proportion to the ratio of the total periods of insurance and residence completed, before the contingency arose, by the person concerned or the deceased under the legislation of all Contracting Parties concerned and taken into account in accordance with the provisions of Article 28, to two-thirds the number of years which elapsed between the date on which the person concerned or the deceased reached the age of sixteen and the date on which occurred the incapacity for work followed by invalidity or the death, as the case may be, disregarding any years subsequent to pensionable age;
(ii) in the case of old age, in proportion to the ratio of the total periods of insurance and residence completed by the person concerned under the legislation of all the Contracting Parties concerned, and taken into account in accordance with the provisions of Article 28, to thirty years, disregarding any years subsequent to pensionable age.
4. The said institution shall then calculate the actual amount of the benefit payable by it to the person concerned on the basis of the theoretical amount calculated in accordance with the provisions of paragraph 2 or of paragraph 3 of this Article, as appropriate, and in proportion to the ratio of the periods of insurance or residence completed before the contingency arose under the legislation which it applies, to the total of the periods of insurance or residence completed before the contingency arose under the legislation of all the Contracting Parties concerned.
5. Where the legislation of a Contracting Party provides that the amount of benefits or certain parts thereof shall be in proportion to the periods of insurance or residence completed, the competent institution of that Party may calculate those benefits or parts thereof directly, solely on the basis of the periods completed under the legislation which it applies, notwithstanding the provisions of paragraphs 2 to 4 of this Article.
- Citeren als
- Art. 29
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0003473
- Officiële bron
- wetten.overheid.nl