BWBV0004546
Artikel 27
Europese Code inzake Sociale Zekerheid (herzien)
1. Where the age prescribed in accordane with paragraph 1 of Article 26 is 65 years or higher, it shall be lowered, under prescribed conditions, in accordance with the provisions of at least one of the following sub-paragraphs of this paragraph:
a) when the person concerned has been engaged in occupations that are deemed by national legislation or practice, for the purpose of old-age benefit, to be arduous or unhealthy;
b) on account of incapacity for work, to a prescribed degree and after a prescribed age; where the Party in question has accepted the obligations embodied in Part IX it shall be deemed to comply with this provision;
c) in the event of total unemployment of a duration of at least one year after a prescribed age; where the Party in question has accepted the obligations embodied in Part IV it shall be deemed to comply with this provision;
d) after a prescribed period of contributions, occupational activity residence greater than that provided for in paragraphs 2 and 3 of Article 29.
2. Any Party may derogate from the provisions of the foregoing paragraph if its legislation makes provision for varying the pensionable age in accordance with the following rules:
a) persons who so request shall be allowed, under prescribed conditions, to draw benefit at an earlier age subject to any reductions applied, in the light of the length of the period of anticipation to the amount of the benefit which they would normally have received at this age in respect of a period of contribution, occupational activity or residence including any period treated as such, corresponding to the period actually completed;
b) persons who so request shall be able to defer their claim to benefit beyond the prescribed age in order either to complete any additional qualifying periods needed to fulfil the qualifying conditions or to receive benefit at a higher rate depending on the length of the period of deferment and, where appropriate, any additional period of contributions, occupational activity or residence, including any period treated as such, which have been completed.
3. Any Party may derogate from the provisions of paragraph 1 of this article when persons whose working hours are gradually reduced or who start new work on a part-time basis during a specified period preceding or following the age prescribed in accordance with paragraph 1 of Article 26 receive during that period, under prescribed conditions, partial old-age benefit or a special benefit treated, where appropriate, as earnings taken into consideration for the subsequent calculation of the full old-age benefti.
a) when the person concerned has been engaged in occupations that are deemed by national legislation or practice, for the purpose of old-age benefit, to be arduous or unhealthy;
b) on account of incapacity for work, to a prescribed degree and after a prescribed age; where the Party in question has accepted the obligations embodied in Part IX it shall be deemed to comply with this provision;
c) in the event of total unemployment of a duration of at least one year after a prescribed age; where the Party in question has accepted the obligations embodied in Part IV it shall be deemed to comply with this provision;
d) after a prescribed period of contributions, occupational activity residence greater than that provided for in paragraphs 2 and 3 of Article 29.
2. Any Party may derogate from the provisions of the foregoing paragraph if its legislation makes provision for varying the pensionable age in accordance with the following rules:
a) persons who so request shall be allowed, under prescribed conditions, to draw benefit at an earlier age subject to any reductions applied, in the light of the length of the period of anticipation to the amount of the benefit which they would normally have received at this age in respect of a period of contribution, occupational activity or residence including any period treated as such, corresponding to the period actually completed;
b) persons who so request shall be able to defer their claim to benefit beyond the prescribed age in order either to complete any additional qualifying periods needed to fulfil the qualifying conditions or to receive benefit at a higher rate depending on the length of the period of deferment and, where appropriate, any additional period of contributions, occupational activity or residence, including any period treated as such, which have been completed.
3. Any Party may derogate from the provisions of paragraph 1 of this article when persons whose working hours are gradually reduced or who start new work on a part-time basis during a specified period preceding or following the age prescribed in accordance with paragraph 1 of Article 26 receive during that period, under prescribed conditions, partial old-age benefit or a special benefit treated, where appropriate, as earnings taken into consideration for the subsequent calculation of the full old-age benefti.
- Citeren als
- Art. 27
- Status
- Geldend recht
- Identificatie
- BWBV0004546
- Officiële bron
- wetten.overheid.nl