The document summarizes key changes to EU social security coordination regulations regarding modernized rules for old-age pensions. It highlights increased cooperation between social security institutions, including a proactive role for contact institutions to provide advice and information to citizens. Other changes discussed include provisions for child-raising periods, assimilation of facts between countries, and a right to review pension decisions impacted by interactions between multiple institutions. Current issues before the Administrative Commission relate to explanatory notes, portable documents, and periods of coverage.

1. Modernised EU
Social Security Coordination and
Old-Age Pensions
TRESS Seminar Seville, 25th March 2010
Gillian More, Unit E3, DG Employment, European
Commission,
DG Employment,
Social Affairs and
Equal Opportunities

2. Overview
I Key Themes in the Modernised Rules
II Modernised Provisions on old-age pension coordination
III Current (pensions-related) issues in the Administrative
Commission
IV Information Sources on the modernised rules

3. Over 50 years
of Social Security Coordination
_______________________________
____________________________
_______________________
____________________
Implementing Reg
Reg 883/04
Consolid Reg
EC Reg 1408/71
Implementing Reg 574/72
Regulations 3 & 4
1959 1972 1997 2010
Source: European Commission, DG Employment, Social Affairs and Equal Opportunities 3

4. Key Themes of the Modernised
Regulations
• Updating so rules correspond with current social practices
(eg. Provision for child-raising periods)
• Simplification (eg. Personal scope – Article 2 BR)
• Improved protection of rights (eg. – improved information
and assistance to citizens– Articles 2 & 3(1) IR )
• Clarification – incorporation of ECJ case-law in a range of
areas (e.g. Article 5 BR – Assimilation of Facts)
• Strengthened and Streamlined institutional procedures
(Art. 4 IR – electronic data exchange)

5. Central to the new Regulations:
Enhanced Cooperation
"Clear and more effective cooperation between social security
institutions is a key factor in allowing the persons covered by
regulation (EC) 883/2004 to access their rights as quickly as
possible and under optimum conditions"
[Recital 2 of the IR]

6. Pensions: Key Changes
• Proactive role for Contact Institution
• Advice on consequences of deferral
• Summary pension note
• Child-raising periods
• Assimilation of Facts

7. Contact Institution
A: Member State of residence
B, C: Other Member States
B
A Contact
Institution
C

8. Contact Institution
A: Member State of residence
B, C: other Member States
INFO
B
A Contact
Institution
C

9. Contact Institution
A: Member State of residence
B, C: other Member States
INFO
B
A Contact
Institution
C

10. Article 46(2) IR: Advice to citizen on
consequences of deferment
Institutions need to fully inform the claimant of the
consequences of concurrent or successive awards
of benefit so that he can assess whether to
exercise his right to deferment

11. Right to review a pension decision:
Art. 48 (2) IR
Summary
Note
A Contact
Institution

12. Right to review a pension decision:
Art. 48 (2) IR
New possibility
for review
A Contact
Institution

13. Right to review a pension
decision: Art. 48 (2) IR
• If rights adversely affected by the interaction of
decisions by two or more institutions, there is a
right to review.
• The time limit for the review is laid down in national
law.
• The time limit commences on the date of receipt of
the summary note.

14. Child raising periods
- Article 44 IR sets down principles to determine
competence for taking child-raising periods into
account;
- Generally agreed that further implementing rules
required
Berlin Rome

15. Assimilation of Facts: Article 5 of
Regulation 883/04
• A new general principle of “Equal Treatment of Benefits,
Income, Facts and Events”
• Not designed to interfere with aggregation of periods
• Not designed to lead to objectively unjustified results
• Potential effect on national calculation rules that are based on
income during a reference period

16. Current (pensions-related) issues in
the Administrative Commission
• Agreement for an Explanatory Note on the application of the
principle of assimilation of facts
• Finalisation of the Portable Documents (including the P1)
• Expert Working Groups on the SEDs
• Further discussion on value of periods in April 2010
• Decision on combating fraud and error and agreement to
continue work in this area

17. Information Sources on the new
Regulations
• Explanatory Notes on DG EMPL website
• New Small Guide – publication foreseen May 2010
• Information campaign for citizens 2nd half 2010
• Updated Website

18. 2010 Small Guide

19. The new website: homepage