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2010 - Modernized regulations 883/2009  and 987/2009
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2010 - Modernized regulations 883/2009 and 987/2009

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  • 1. Modernised Social Security CoordinationModernized regulations 883/2009 and 987/2009 Maja GRZYMKOWSKA National trESS seminar Malta 12 V 2010 DG Employment, Social Affairs and Equal Opportunities
  • 2. Overview• Modernised Social Security Coordination – Enhanced cooperation – Key changes in the coordination rules – EESSI and transitional period• Recent and future developments DG Employment, Social Affairs and Equal Opportunities 2
  • 3. Over 50 yearsof Social Security Coordination _______________________________ ____________________________ _______________________ ____________________ Reg 883/04 Reg 987/09 (Impl. Reg) Consolid Reg Reg 1408/71 Reg 574/72 (Implementing Reg.) Regulations 3 & 41959 1972 1997 2010 3
  • 4. What is Coordination? Ad Hoc groupsOrganisation Prepare documents and reports Decision Making Administrative Commission Task Force Prepare and coordinate work Technical Advisory Audit Board Commission Committee Approve Support AC on average costs technical and accounts aspects DG Employment, Social Affairs and Equal Opportunities 4
  • 5. General principles of modernizationof coordination rules• Updating• Simplification• Improved protection of rights• Clarification• Strengthened and Streamlined institutional procedures 5
  • 6. 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" [Preamble of the IR, para. 2] 6
  • 7. Enhanced CooperationInformation to citizensSolving problemsCombating fraudCommunicating changesTackling errorsFast benefits delivery 7
  • 8. Dialogue and conciliation procedure DG Employment, Social Affairs and Equal Opportunities 8
  • 9. Dialogue and conciliation procedure Difference of the validity of a Member States about Doubt about the validity of a document/ Doubt about views between document/ Difference of views between Member States about the determination of the legislation applicable correctness of supporting evidenceapplicable the determination of the legislation correctness of supporting evidence Within 3 months + 3 months Within 3 months + 3 months 9
  • 10. Dialogue and conciliation procedure Agreement Within 3 months + 3 months Within 3 months + 3 months 10
  • 11. Dialogue and conciliation procedure No agreement Within 3 months + 3 months Within 3 months + 3 months 11
  • 12. Dialogue and conciliation procedure Agreement Within 3 months Within 3 months + 3 months + 3 months OPTIONAL Within 6 weeks Within 6 weeks 12
  • 13. Dialogue and conciliation procedure Conciliation Board No agreement Within 3 months + 3 months Within 6 weeks Within 3 months + 3 months Within 6 weeks 13
  • 14. Dialogue and conciliation procedure Conciliation Board Agreement Within 3 months Within 3 months + 3 months + 3 months Within 6 weeks Within 6 weeks OPTIONAL Within 6 months Within 6 months 14
  • 15. Key InnovationsDetermination of Applicable Legislation• Article 11 BR• Principle of “unicity” of applicable legislation strengthened – no exceptions as it is now under art 14c (Annex VII) and Art. 14f of Reg 1408• Strengthening of “lex loci laboris” principle• Residence for non-active persons DG Employment, Social Affairs and Equal Opportunities 15
  • 16. Determination of legislation applicable Transitional provisions Article 87(7) BR• Legislation determined under 1408/71 continues to apply – if as a result of application of 883 person would become subject to different legislation – as long as relevant situation remains unchanged – For a maximum period of 10 years• Person can request to become subject to the legislation applicable under 883. DG Employment, Social Affairs and Equal Opportunities 16
  • 17. Provisional application of legislationand provisional granting of benefits 6(1) IR: Divergence of views about the legislation applicable: person provisionally subject to one legislation identified with an order of priority 6(2) IR: Divergence of views about which institution should provide the benefits: institution identified with an order of priority Improved protection for individuals 17
  • 18. Key Innovations Sickness and Maternity• Clarification of who is responsible for providing EHIC to persons not residing in competent State (Article 27 BR)• New procedures and rules for scheduled treatment (with prior authorisation) (Article 26 IR)• Special rights to retired frontier worker (Article 28 of BR) 18
  • 19. Key Innovations Pensions• Investigating Institution renamed Contact Institution and given more proactive role (Article 47 IR)• Importance of summary pension note: new basis for a possible review request from the claimant in relation to interaction between decisions notified therein (Article 48 IR)• Specific provision as regards aggregation of child-raising periods (Article 44 IR) 19
  • 20. Key Innovations Unemployment• Principle of aggregation applies also to self-employed persons (Article 61 BR)• Direct payment of exported unemployment benefit to the person concerned without need for consequent reimbursement between institutions (Article 64 BR)• MS may extend export of unemployment benefit from 3 to 6 months (Article 64(1)(c)• Improved special regime for frontier workers 20
  • 21. Key Innovations Family Benefits• Clearer process for establishing order of priority for paying family benefits (Article 68 BR);• Distinction between family benefits and family allowances removed;• Same rules for pensioners and employed persons. 21
  • 22. Electronic Exchange of SocialSecurity Information EESSI Network 22
  • 23. EESSI AP AP I I I I I I I 23
  • 24. Public EESSI Directory Interface 24
  • 25. EESSI newsletter DG Employment, Social Affairs and Equal Opportunities 25
  • 26. Transition from 1408/71 to 883/2004- How will it work? JULY MAY DECEMBER MAY 2009 2010 2010 2012 …………………………………. …………………………………. TRANSITIONAL PERIOD TRAINING, INFORMATION PERIOD Implementing RegulationsRegulation adopted become applicable EESSI Starts to function 26
  • 27. Impact of Transitional Period EESSI fully Begin of TP operational End of TP MAY DEC. MAY 2010 2010 2012Paper E-FormsNational applicationsbased onElectronic E-FormsPaper SEDs (“excel”)Paper SEDs (WebIC) Electronic SEDs 1408/71 883/2004 27
  • 28. SEDStructuredElectronicDocument 28
  • 29. SEDs Roadmap AC2009 Decisions 2010 J F M A M J J A S O N D PDF/Excell SEDs Content of SED Ad hoc Portable Doc on Paper group 29
  • 30. Definition of TP for EESSI - Article95 NIRArticle 95 (1) NIR:• “Each Member State may benefit from a transitional period for exchanging data by electronic means….”• “…shall not exceed 24 months from the date of entry into force of the implementing Regulation.” 30
  • 31. Decision E1 of the AdministrativeCommission• Article 95 (2) NIR empowers the AC to make practical arrangements• Decision E1 on the TP for EESSI• Adopted on 12 June 2009 31
  • 32. 10 Guiding Principles1. Good cooperation2. Replacement of E-forms by SEDs3. Exception for existing electronic applications4. No refusal of relevant information5. Continued validity of documents6. Flexible phased approach7. Clear criteria for being EESSI-enabled8. Notification of EESSI-enabled sectors9. No “Mix and Match”10.Standardised layout for paper SEDs 32
  • 33. Practical Conclusions• EESSI will be particulary beneficial for institutions• TP is a challenge• Solution: Good cooperation, pragmatism and flexibility• 10 principles laid down in Decision E1 will help• Rights of citizens must be guaranteed 33
  • 34. Recent Developments in theAdministrative Commission• AC Decisions and Recommendations• Portable Documents• Structured Electronic Documents (SEDs)• Miscellaneous Amendments 2010 34
  • 35. Decisions and Recommendations ofthe Administrative CommissionA + Number Applicable LegislationH + Number Horizontal, concerning general issues and rules of procedure, and also Financial provisionsE + Number Electronic Data ExchangeF + Number Family BenefitsS + Number Sickness BenefitsU + Number Unemployment BenefitP + Number Pensions 35
  • 36. Portable documents A document for individuals Source: European Commission, DG Employment, Social Affairs and Equal Opportunities 36
  • 37. Recent developments in the Council• Proposal for a Regulation extending the provisions of Regulation 883/04 to nationals third country nationals• Association Council Decisions 37
  • 38. The Future• International dimension of social security coordination• Long-term care benefits• New patterns of mobility 38
  • 39. New Website on Social Security 39
  • 40. Access to national information page 40
  • 41. Other information sources 41
  • 42. Funding for Transnational ActionsActions: • Improving information and cooperation between the institutions of Member States, and/or • Improving citizens’ knowledge on their rights • Subsidy up to 80% • Call for proposal VP/2010/004 (deadline 17/05/2010) • Published on DG EMPL website • Publication again in 2011 DG Employment, Social Affairs and Equal Opportunities 42
  • 43. 43