BWBV0003473
Geldig vanaf 09-05-1977
Artikel 30
Europees Verdrag inzake sociale zekerheid
1. For the calculation of the theoretical amount referred to in Article 29, paragraph 2:
(a) where the legislation of a Contracting Party provides that benefits shall be calculated on the basis of average earnings, an average contribution, an average increase or on the basis of the ratio of the claimant’s gross earnings during the periods of insurance to the average gross earnings of all insured persons other than apprentices, such average figures or ratios shall be determined by the competent institution of that Party solely on the basis of the periods completed under the legislation of the said Party or of the gross earnings received by the person concerned during those periods only;
(b) where the legislation of a Contracting Party provides that benefits shall be calculated on the basis of the amount of earnings, contributions or increases, the earnings, contributions or increases to be taken into account by the competent institution of that Party in respect of periods completed under the legislation of other Contracting Parties shall be determined on the basis of the average earnings, contributions or increases recorded for the periods completed under the legislation of the first Party;
(c) where the legislation of a Contracting Party provides that benefits shall be calculated on the basis of fixed earnings or a fixed amount, the earnings or the amount to be taken into account by the competent institution of that Party in respect of periods completed under the legislation of other Contracting Parties shall be equal to the fixed earnings or the fixed amount or, where appropriate, the average fixed earnings or fixed amount corresponding to the periods completed under the legislation of the first Party;
(d) where the legislation of a Contracting Party provides that benefits shall be calculated, in respect of certain periods, on the basis of earnings and, in respect of other periods, on the basis of fixed earnings or a fixed amount, the competent institution of that Party shall take into account, in respect of periods completed under the legislation of other Contracting Parties, the earnings or amounts determined in accordance with the provisions of sub-paragraph (b) or sub-paragraph (c) of this paragraph, as appropriate; where in respect of all the periods completed under the legislation of the first Party, the benefits are calculated on the basis of fixed earnings or a fixed amount, the earnings to be taken into account by the competent institution of that Party, in respect of periods completed under the legislation of other Contracting Parties, shall be equal to the notional earnings corresponding to the said fixed earnings or fixed amount.
2. Where the legislation of a Contracting Party embodies rules providing for the revaluation of the factors taken into account for the calculation of benefits these rules shall apply, where appropriate, to the factors taken into account by the competent institution of that Party, in accordance with the provisions of the preceding paragraph, in respect of periods completed under the legislation of other Contracting Parties.
3. Where the legislation of a Contracting Party provides that the amount of benefits shall vary with the number of members of the family, the competent institution of that Party shall take account also of the members of the family resident in the territory of another Contracting Party, as if they were resident in the territory of the first Party.
(a) where the legislation of a Contracting Party provides that benefits shall be calculated on the basis of average earnings, an average contribution, an average increase or on the basis of the ratio of the claimant’s gross earnings during the periods of insurance to the average gross earnings of all insured persons other than apprentices, such average figures or ratios shall be determined by the competent institution of that Party solely on the basis of the periods completed under the legislation of the said Party or of the gross earnings received by the person concerned during those periods only;
(b) where the legislation of a Contracting Party provides that benefits shall be calculated on the basis of the amount of earnings, contributions or increases, the earnings, contributions or increases to be taken into account by the competent institution of that Party in respect of periods completed under the legislation of other Contracting Parties shall be determined on the basis of the average earnings, contributions or increases recorded for the periods completed under the legislation of the first Party;
(c) where the legislation of a Contracting Party provides that benefits shall be calculated on the basis of fixed earnings or a fixed amount, the earnings or the amount to be taken into account by the competent institution of that Party in respect of periods completed under the legislation of other Contracting Parties shall be equal to the fixed earnings or the fixed amount or, where appropriate, the average fixed earnings or fixed amount corresponding to the periods completed under the legislation of the first Party;
(d) where the legislation of a Contracting Party provides that benefits shall be calculated, in respect of certain periods, on the basis of earnings and, in respect of other periods, on the basis of fixed earnings or a fixed amount, the competent institution of that Party shall take into account, in respect of periods completed under the legislation of other Contracting Parties, the earnings or amounts determined in accordance with the provisions of sub-paragraph (b) or sub-paragraph (c) of this paragraph, as appropriate; where in respect of all the periods completed under the legislation of the first Party, the benefits are calculated on the basis of fixed earnings or a fixed amount, the earnings to be taken into account by the competent institution of that Party, in respect of periods completed under the legislation of other Contracting Parties, shall be equal to the notional earnings corresponding to the said fixed earnings or fixed amount.
2. Where the legislation of a Contracting Party embodies rules providing for the revaluation of the factors taken into account for the calculation of benefits these rules shall apply, where appropriate, to the factors taken into account by the competent institution of that Party, in accordance with the provisions of the preceding paragraph, in respect of periods completed under the legislation of other Contracting Parties.
3. Where the legislation of a Contracting Party provides that the amount of benefits shall vary with the number of members of the family, the competent institution of that Party shall take account also of the members of the family resident in the territory of another Contracting Party, as if they were resident in the territory of the first Party.
- Citeren als
- Art. 30
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0003473
- Officiële bron
- wetten.overheid.nl