Summary

Pension contribution periods completed by an insured person in another Member State than the competent Member State must be considered in the calculation of the amount of pension benefits to be paid by the competent Member State.

Question

Must Article 52(1)(b) of Regulation No 883/2004 be interpreted as meaning that the competent institution of the Member State concerned must take into consideration, for the purposes of determining the limit which non-contribution periods may not exceed in relation to contribution periods, as provided for by the legislation of that Member State, the various periods of insurance, including those completed under the legislation of other Member States, when calculating the theoretical amount of the benefit referred to in point (i) of that provision and the actual amount of the benefit referred to in point (ii) of that provision?

Ruling

Article 52(1)(b) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems must be interpreted as meaning that, for the purposes of determining the limit which non-contribution periods may not exceed in relation to contribution periods, as provided for by the national legislation, the competent institution of the Member State concerned must take into consideration, when calculating the theoretical amount of the benefit referred to in point (i) of that provision, all the periods of insurance, including those periods of insurance completed under the legislation of other Member States, whereas the calculation of the actual amount of the benefit referred to in point (ii) of that provision is made having regard solely to the periods of insurance completed under the legislation of the Member State concerned.