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2010 - Modernised EU Social Security Coordination and Old-Age Pensions

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2010 - Modernised EU Social Security Coordination and Old-Age Pensions

  1. 1. Modernised EU Social Security Coordination and Old-Age Pensions TRESS Seminar Ljubljana, 19th April 2010Radek Casta, Unit E3, DG Employment, European Commission, DG Employment, Social Affairs and Equal Opportunities
  2. 2. Overview• The Context of the Social Security Coordination Regulations• Introduction to the Chapter Applicable Legislation• « Hot Issues » under this Chapter• Electronic exchange of social security information 2
  3. 3. Basic Principles ofSocial Security Coordination Legal Basis Article 48 of Lisbon Treaty (Art. 42 TEC): aim to ensure citizens do not lose social security rights when they move • Equality of treatment regardless of nationality • Legislation of only one Member State applies at any one time • Periods of insurance acquired in different Member States can be aggregated • Cash Benefits have to be exported (except special non- contributory cash benefits listed in Annex 10) 3
  4. 4. Over 50 yearsof Social Security Coordination _______________________________ ____________________________ _______________________ ____________________ Reg 883/2004 Reg 987/2009 Consolid Reg Reg 1408/71 Reg 574/72 Regulations 3 & 41959 1972 1997 2010 4
  5. 5. Two New Regulations• Regulation 883/2004 (the Basic Regulation) (BR), as amended by Reg. 988/2009• The New Implementing Regulation 987/2009 (IR)• Both Regulations of equal value• Cannot apply one without the other 5
  6. 6. New Regulations: Key Themes• Updating so rules correspond with current social practices (eg. inclusion of paternity benefits)• Simplification (eg. One single definition in Article 2 BR sets out personal scope)• Clarification - incorporation of ECJ case-law in a range of areas (eg. Article 5 BR – Assimilation of facts)• Improved protection of rights (eg. Article 61 BR - principle of aggregation applies also to self-employed persons)• Mandatory electronic data exchange (Art. 4 IR) 6
  7. 7. 2 core principles underpinall of this: • Institutional procedures have been strengthened and streamlined to make the Regulations easier and more efficient to operate; • New emphasis on cooperation between all users of the Regulations 7
  8. 8. Core principles of modernisation (1) Strengthened and Streamlined Institutional Procedures For example: • Improved and speedier procedures for reimbursement of healthcare costs between Member States (Articles 62-67 IR); • Direct payment of exported unemployment benefit without need for consequent reimbursement between institutions (Article 64 BR) 8
  9. 9. Core principles of modernisation (2) 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 NIR, second paragraph ] 9
  10. 10. Enhanced Cooperation Overall aim: to facilitate institutional processes whilst at the same time making citizens’ rights more effective• Art. 76 BR invigorated through new specific provisions, forexample: – Art. 3 IR: requirement on institutions and citizens to provide information• Art. 76 BR given practical effect through structuredprovisions throughout the Regulations, for example: – Article 55(4) IR – providing information to competent institution concerning the follow-up of the unemployed person’s situation 10
  11. 11. Core of Modernisation:Enhanced Cooperation 11
  12. 12. Enhanced Cooperation 12
  13. 13. Legislation ApplicableOverview 1. Simplification 2. Improved protection for individuals 3. Modernisation and Clarification 13
  14. 14. 1. Simplification: Reinforcement of the general principles • One legislation applicable • Lex loci laboris for active persons • Residence for non-active persons 14
  15. 15. 1. Simplification: Reduction in the number of specific provisions • Similar rules are brought together in one place • Specific cases are addressed through the general principles 15
  16. 16. 2. Improved protection for individuals "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, second paragraph 16
  17. 17. 2. Improved protection for individuals 76 BR: Duty of mutual information and cooperation for institutions and persons covered by the regulations 2(1) IR: "Exchanges between Member States authorities and institutions and persons covered by the basic regulation shall be based on the principles of public service, efficiency, active assistance, rapid delivery and accessibility…" 17
  18. 18. 2. Improved protection for individuals Provisional application of legislation and 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 18
  19. 19. 2. Improved protection for individuals Dialogue and conciliation procedure 6(3) IR: Dialogue and conciliation procedure in the event of: • Doubts about the validity of a document or the accuracy of the facts • Difference of views concerning the determination of the applicable legislation • Difference of views about which institution should provide the benefits in cash or in kind 19
  20. 20. Dialogue and conciliation mechanisms DG Employment, Social Affairs and Equal Opportunities 20 20
  21. 21. 3. Modernisation and clarification On posting, the new regulations: • Set one-time limit of maximum 24 months • Incorporate several elements resulting from European Court of Justice case law and Administrative Commission decisions 21
  22. 22. 3. Modernisation and clarification Activities in 2 or more Member States for the same employer Introduction of a new criterion in Article 13 of BR: • The proportion of activity exercised in the Member State of residence has to be substantial for the legislation of residence to apply • Otherwise – if no substantial proportion of activity in the Member State of residence: refer to legislation of employer 22
  23. 23. 3. Modernisation and clarification Activitiy in other Member States then in the MS of residence A Legislation applicable = Member State B Legislation applicable = Member State B B 23
  24. 24. 3. Modernisation and clarification Activities in 2 or more Member States for the same employer (Attention: in the future also several employers) A Legislation applicable = Member State A Legislation applicable = Member State A B Only if substantial part of activities in the Member State of residence 24
  25. 25. 3. Modernisation and clarification Activities in 2 or more MS for 2 or more employers, with registered offices or plase of business in different Member States A C Legislation applicable = Member State A Legislation applicable = Member State A BIf 2 or more employers and registered offices/place of business in different member states , Member State of residence 25
  26. 26. 3. Modernisation and clarification Activities in 2 or more Member States for 2 or more employers, including in the Member State of residence (Attention: will change) A Legislation applicable = MS of residence Legislation applicable = MS of residence B (in the future: only if substantial activity in MS of residence) 26
  27. 27. 3. Modernisation and clarification Determination of residence If two or more Member State institutions have different views about the determination of residence, Article 11 of IR provides a list of criteria. In the event that no agreement is reached, the persons intention is decisive. 27
  28. 28. 3. Modernisation and clarification Revision of Decisions and Recommendations of the Administrative Commission Revised by the Administrative Commission: • Decision 181 (new Decision A2) • Posting Guide Repealed by the Administrative Commission: • Recommendation 16 on conclusion of agreements pursuant to article 17 of 1408 • Decision 89 on persons employed by diplomatic missions and consular posts • Decision 126 on Article 14(1)a, 14a(1)a & 14(b) 1 & 2 • Decision 148 on form E101 28
  29. 29. 3. Modernisation and clarification Transitional provisions What if new provisions imply a change of the legislation applicable? Article 87(8) of BR provides for transitional provisions in this case. 29
  30. 30. 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 30 30
  31. 31. 3. Modernisation and clarification Portable documents A document for individuals – indicating which legislation applies in their case – will be needed: Portable Document A1 will replace E-Form 101 31
  32. 32. « Hot issues » = Issues underDiscussionOverview• Highly Mobile Persons• International Transport• Concept of Residence• Posting Guide• Transitional Provisions 32
  33. 33. Electronic Exchange of SocialSecurity Information EESSI Network 33
  34. 34. EESSI AP AP I I I I I I I 34
  35. 35. EESSI Implementation:How will it work? MAY DEC. MAY 2010 2010 2011 2012 EESSI FULLY OPPAPERE-FORM PAPERSEDS ________ ________ ________ ……..…... ……….....NATIONALAPPL. ASE-FORMS __ ________ ________ ________ ……….....FINALSEDS ………….. ………….. ………….. ________ ________  SED = Structured Electronic Documents DG Employment, Social Affairs and Equal Opportunities 35 35
  36. 36. 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 36 36
  37. 37. Where can I find moreinformation?• Our Website• Updated Small Guide• Explanatory Notes• TrESS e-learning tool and European Reports• Updated and extended posting guide (not yet available) 37

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