Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems

en · unofficial · sha256:03fd945f04900bc288d79a0246bfb1d0fac68e21159c0b21c228fddd405b514dEN

Article 11 General rules 1. Persons to whom this Regulation applies shall be subject to the legislation of a single Member State only. Such legislation shall be determined in accordance with this Title. 2. For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing the said activity. This shall not apply to invalidity, old-age or survivors' pensions or to pensions in respect of accidents at work or occupational diseases or to sickness benefits in cash covering treatment for an unlimited period. 3. Subject to Articles 12 to 16: (a) a person pursuing an activity as an employed or self-employed person in a Member State shall be subject to the legislation of that Member State; (b) a civil servant shall be subject to the legislation of the Member State to which the administration employing him/her is subject; (c) a person receiving unemployment benefits in accordance with Article 65 under the legislation of the Member State of residence shall be subject to the legislation of that Member State; (d) a person called up or recalled for service in the armed forces or for civilian service in a Member State shall be subject to the legislation of that Member State; (e) any other person to whom subparagraphs (a) to (d) do not apply shall be subject to the legislation of the Member State of residence, without prejudice to other provisions of this Regulation guaranteeing him/her benefits under the legislation of one or more other Member States. 4. For the purposes of this Title, an activity as an employed or self-employed person normally pursued on board a vessel at sea flying the flag of a Member State shall be deemed to be an activity pursued in the said Member State. However, a person employed on board a vessel flying the flag of a Member State and remunerated for such activity by an undertaking or a person whose registered office or place of business is in another Member State shall be subject to the legislation of the latter Member State if he/she resides in that State. The undertaking or person paying the remuneration shall be considered as the employer for the purposes of the said legislation.

Ссылаются нормы: ApplicableLegislation, Article11_3_a_PlaceOfWork, Article11_3_a_WhenPostingConditionsFail, EmployedInOneStateOnly, LegalBasis, SingleLegislationPrincipleBreached, Situation, State, StateOfEmploymentIsInvolved, TitleIIDetermination, applicable_legislation, determined_under_title_ii, employed_activity_in, employed_in_one_state_only, legislation_applicable_under, more_than_one_legislation_determined, period_start

en · unofficial · sha256:77d4d8dfac4a9302496c3481dd6d581adb029a3101f039ca706f317fed38a07fEN

Article 12 Special rules 1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted by that employer to another Member State to perform work on that employer's behalf shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that he/she is not sent to replace another person. 2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such activity does not exceed 24 months.

Ссылаются нормы: AnticipatedDurationWithin24Months, Article11_3_a_WhenPostingConditionsFail, Article12_1_Posting, PostingEmployerNotNormallyActive, PostingExceeds24Months, PostingIsClaimed, PostingToReplaceAnotherPostedPerson, PostingWithoutActivityForEmployerInFirstState, PostingWorkNotOnEmployersBehalf, ReplacementOfWorkerPostedBySameEmployer, anticipated_duration_within_24_months, anticipated_last_day_of_posted_work, employed_in_state_on_behalf_of, employer_normally_carries_out_activities_in, performs_work_on_behalf_of_posting_employer, posted_by_employer, posting_claimed, posting_conditions_not_met, replaces_worker, sent_to_replace_another_posted_person

en · unofficial · sha256:3da93ab22427dc3f11a0cdb874e3ea26afb7774f6d1ab3d8fe08c7a47ebf9cb9EN

Article 13 Pursuit of activities in two or more Member States 1. A person who normally pursues an activity as an employed person in two or more Member States shall be subject to: (a) the legislation of the Member State of residence if he/she pursues a substantial part of his/her activity in that Member State or if he/she is employed by various undertakings or various employers whose registered office or place of business is in different Member States, or (b) the legislation of the Member State in which the registered office or place of business of the undertaking or employer employing him/her is situated, if he/she does not pursue a substantial part of his/her activities in the Member State of residence. 2. A person who normally pursues an activity as a self-employed person in two or more Member States shall be subject to: (a) the legislation of the Member State of residence if he/she pursues a substantial part of his/her activity in that Member State; or (b) the legislation of the Member State in which the centre of interest of his/her activities is situated, if he/she does not reside in one of the Member States in which he/she pursues a substantial part of his/her activity. 3. A person who normally pursues an activity as an employed person and an activity as a self-employed person in different Member States shall be subject to the legislation of the Member State in which he/she pursues an activity as an employed person or, if he/she pursues such an activity in two or more Member States, to the legislation determined in accordance with paragraph 1. 4. A person who is employed as a civil servant by one Member State and who pursues an activity as an employed person and/or as a self-employed person in one or more other Member States shall be subject to the legislation of the Member State to which the administration employing him/her is subject. 5. Persons referred to in paragraphs 1 to 4 shall be treated, for the purposes of the legislation determined in accordance with these provisions, as though they were pursuing all their activities as employed or self-employed persons and were receiving all their income in the Member State concerned.

Ссылаются нормы: Article13_1_a_2010_VariousEmployersInThreeOrMoreStates, Article13_1_a_2010_VariousEmployersInTwoStates, Article13_1_a_SubstantialPartInResidenceState, Article13_1_b_2010_EmployerState, EmployedInTwoOrMoreStates, EmployerSeatIsResidenceState, EmployerSeatOutsideCoordinationArea, EmployerSeatOutsideModelledScope, EmployerSeatState, EmployerSeatStateIsChecked, EmployerSeatsInOneState, EmployerSeatsInThreeOrMoreStates, EmployerSeatsInTwoStates, SingleEmployer, SomeEmployerSeatInResidenceState, TwoOrMoreEmployers, Undertaking, employed_in_two_or_more_states, employer_of, employer_seat_is_residence_state, employer_seat_outside_coordination_area, employer_seat_state, employer_seats_in_one_state, employer_seats_in_three_or_more_states, employer_seats_in_two_states, registered_office_in, single_employer, some_employer_seat_in_residence_state, substantial_part_of_activity_in_residence_state, two_or_more_employers

en · unofficial · sha256:039fe1aab7e9d6aeacaaf55c6937f9f418729257de9bc0f26d07a7be2a6de042EN

Article 14 Voluntary insurance or optional continued insurance 1. Articles 11 to 13 shall not apply to voluntary insurance or to optional continued insurance unless, in respect of one of the branches referred to in Article 3(1), only a voluntary scheme of insurance exists in a Member State. 2. Where, by virtue of the legislation of a Member State, the person concerned is subject to compulsory insurance in that Member State, he/she may not be subject to a voluntary insurance scheme or an optional continued insurance scheme in another Member State. In all other cases in which, for a given branch, there is a choice between several voluntary insurance schemes or optional continued insurance schemes, the person concerned shall join only the scheme of his/her choice. 3. However, in respect of invalidity, old age and survivors' benefits, the person concerned may join the voluntary or optional continued insurance scheme of a Member State, even if he/she is compulsorily subject to the legislation of another Member State, provided that he/she has been subject, at some stage in his/her career, to the legislation of the first Member State because or as a consequence of an activity as an employed or self-employed person and if such overlapping is explicitly or implicitly allowed under the legislation of the first Member State. ▼M1 4. Where the legislation of a Member State makes admission to voluntary insurance or optional continued insurance conditional upon residence in that Member State or upon previous activity as an employed or self-employed person, Article 5(b) shall apply only to persons who have been subject, at some earlier stage, to the legislation of that Member State on the basis of an activity as an employed or self-employed person.

en · unofficial · sha256:12613e63e9efe70f201540ca330a52692b230ed3de4ec3fc44c76dd2574c4da9EN

Article 15

en · unofficial · sha256:1fc17db1b8246bc5cdef6a27940f42acc0525a85053b01df762914879a169764EN

Article 16 Exceptions to Articles 11 to 15 1. Two or more Member States, the competent authorities of these Member States or the bodies designated by these authorities may by common agreement provide for exceptions to Articles 11 to 15 in the interest of certain persons or categories of persons. 2. A person who receives a pension or pensions under the legislation of one or more Member States and who resides in another Member State may at his/her request be exempted from application of the legislation of the latter State provided that he/she is not subject to that legislation on account of pursuing an activity as an employed or self-employed person.

Ссылаются нормы: Agreement, AgreementInForceForPeriod, Article16_1_AgreedLegislation, ExceptionAgreementApplies, agreement_covers_situation, agreement_designates_legislation_of, agreement_in_force_for, agreement_valid_from, agreement_valid_until, exception_agreement_applies, exception_agreement_concluded_by

en · unofficial · sha256:38078c478fc66ce048a824ba979376ff61d790831055e876319dbc0d88320175EN

(j) ‘residence’ means the place where a person habitually resides;

Ссылаются нормы: ResidenceInDispute, SoleResidence, StateOfResidenceIsInvolved, residence_in_dispute, resides_in, sole_residence

en · unofficial · sha256:02327870843ce929bcf7956679121136c1b890e2b6a4db30d4af9a24506d8e95EN

Article 87 Transitional provisions 1. No rights shall be acquired pursuant to this Regulation for the period before its date of application. 2. Any period of insurance and, where appropriate, any period of employment, self-employment or residence completed under the legislation of a Member State prior to the date of application of this Regulation in the Member State concerned shall be taken into consideration for the determination of rights acquired under this Regulation. 3. Subject to paragraph 1, a right shall be acquired under this Regulation even if it relates to a contingency arising before its date of application in the Member State concerned. 4. Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of application of this Regulation in the Member State concerned, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment. 5. The rights of a person to whom a pension was provided prior to the date of application of this Regulation in a Member State may, at the request of the person concerned, be reviewed, taking into account this Regulation. 6. If a request referred to in paragraph 4 or 5 is submitted within two years from the date of application of this Regulation in a Member State, the rights acquired in accordance with this Regulation shall have effect from that date, and the legislation of any Member State concerning the forfeiture or limitation of rights may not be invoked against the persons concerned. 7. If a request referred to in paragraph 4 or 5 is submitted after the expiry of the two-year period following the date of application of this Regulation in the Member State concerned, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State. ▼M1 8. If, as a result of this Regulation, a person is subject to the legislation of a Member State other than that determined in accordance with Title II of Regulation (EEC) No 1408/71, that legislation shall continue to apply while the relevant situation remains unchanged and in any case for no longer than 10 years from the date of application of this Regulation unless the person concerned requests that he/she be subject to the legislation applicable under this Regulation. The request shall be submitted within 3 months after the date of application of this Regulation to the competent institution of the Member State whose legislation is applicable under this Regulation if the person concerned is to be subject to the legislation of that Member State as of the date of application of this Regulation. If the request is made after the time limit indicated, the change of applicable legislation shall take place on the first day of the following month. ▼B 9. Article 55 of this Regulation shall apply only to pensions not subject to Article 46c of Regulation (EEC) No 1408/71 on the date of application of this Regulation. 10. The provisions of the second sentences of Article 65(2) and (3) shall be applicable to Luxembourg at the latest two years after the date of application of this Regulation. ▼M1 10a. The entries in Annex III corresponding to Estonia, Spain, Italy, Lithuania, Hungary and the Netherlands shall cease to have effect 4 years after the date of application of this Regulation. 10b. The list contained in Annex III shall be reviewed no later than 31 October 2014 on the basis of a report by the Administrative Commission. That report shall include an impact assessment of the significance, frequency, scale and costs, both in absolute and in relative terms, of the application of the provisions of Annex III. That report shall also include the possible effects of repealing those provisions for those Member States which continue to be listed in that Annex after the date referred to in paragraph 10a. In the light of that report, the Commission shall decide whether to submit a proposal concerning a review of the list, with the aim in principle of repealing the list unless the report of the Administrative Commission provides compelling reasons not to do so. ▼B 11. Member States shall ensure that appropriate information is provided regarding the changes in rights and obligations introduced by this Regulation and the Implementing Regulation.

en · unofficial · sha256:21f1a1141f3bc1768f408d968652f4c29edbd233e22f6f8decae2620fe9d93dbEN

Article 91 Entry into force This Regulation shall enter into force on the 20th day after its publication in the Official Journal of the European Union . It shall apply from the date of entry into force of the Implementing Regulation. This Regulation shall be binding in its entirety and directly applicable in all Member States.

Ссылаются нормы: EmployerSeatNotYetCovered, OutsideScopeByDate, StateNotYetCovered, assert-h059ec1c12786cf0b4d338134e4676c91e88df9fdac272b27201a413e80c27c10, assert-h07be87f05410b39c6992c997d44595cbc59df9bbccbe4c27a28c6dc79794b7f3, assert-h0e4c07d02149730f12b7e130bcde13436a8a29d23334c6c337d668d6f85eed97, assert-h161368b2322b8b8a946ebb274183d0a525e2687011b878d6dab519c1dcf2e679, assert-h1b7c5c64e2dbfe79c25ac44b0af911d40e36b759e4cff7998321e8541a7a8ddb, assert-h1beafe344f3cfa2c8f592d6ec8a12306311dbc17fad512439669b85f91172b62, assert-h20df259e32df50a4909a45cc353e4e13ba34cfd1453a8e526be3fa55f9ea36e1, assert-h25b91cb46f65f6c419a2b55b61e6ee44050bb02caa8cb9f4ae412faa95497974, assert-h2dd7285c694eea0f812e38ec0184779f536515d8a290445d52d65c9770e249fd, assert-h3e671e2b11981d9f1a619d2fa21157c2057a3e147b9cd30b6626afcc5c266037, assert-h551e6d20ce84a5643bef869e82592371cd0edbb1f9f0215f1caeae0a380bbe95, assert-h5865cfc051d9d3b4cdb90550a0f7a453cfc7e3bd1b087c9e9ac1005285f026f5, assert-h5b70259c99b515d402d7ca879338d7db014c6ed24a2173aecc4c781209f89712, assert-h639c5ff11ef0986b5aa44b23a99ee37d9d0d4afcee6d356f1cfacc6525c2a7b0, assert-h68bb0c765cb6a881c64d33b23c476fdcaf321f36b6b09a3a699a116744938ca8, assert-h84f4ebd556d228e067a1c21d20a5807c1b3892a19f0b352dc213c5a29d7d3f06, assert-h8bf807455a0155699bcaf9b9ff687d0bb4b8c3a97f764ae2e1dc113777f69a42, assert-h91e1f1999e406ea2f2fc7a752f7053d36e78f145bed0519a6705e2266d6343cb, assert-h9442cac5c75f6df61c72e38d2a65094fa19d9baf68e9478abb4b4c5ca27b2493, assert-h9b20d6f2ebd4c0439d7614b9f8951e8ffe592c381932f63a40d02907b6fb41fe, assert-hb3c53deaa36ef45fac26ab036e6516db6581a057106c2ef49944e10a3c8ee1d9, assert-hb5298e7eb65d073280f9b1b2c45972cb3af12827a40c8e340e08a88a4fae2748, assert-hba7af577a5219ed9410cf2d133f56b056c14250421dc93ad7223c2aaf90fa993, assert-hc4d8b0350101e205bcc80257118a702a0970c2daf6ca1011a89682388644b1e4, assert-hd70ca583fda0fbba29ad94604f680fcb2734f04e37cefa7b5747b122b596ffde, assert-hde5b233c1f5ef022b2a05b27dd720ec55f484cc1173967a68ad8592ac0280579, state_not_yet_covered

en · unofficial · sha256:c4a9b615db54700ff4eb333a6a0d28b92969fb0d14526c330ea3e0aa4570e1b1EN

REGULATION (EC) No 883/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)

Ссылаются нормы: OutsideScopeByBoundary, StateOutsideModelledScope, assert-h2b813f88b7ad6225335e187ce4bf6521511d29373b369d50b102d282152454d8, state_outside_modelled_scope, state_outside_modelled_scope_marker

en · unofficial · sha256:a129d6e50e1e6955c098b6fa8891758c79cf1ce286b5c07bdd16cebe40687f55EN

Article 11 General rules 1. Persons to whom this Regulation applies shall be subject to the legislation of a single Member State only. Such legislation shall be determined in accordance with this Title. 2. For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing the said activity. This shall not apply to invalidity, old-age or survivors' pensions or to pensions in respect of accidents at work or occupational diseases or to sickness benefits in cash covering treatment for an unlimited period. 3. Subject to Articles 12 to 16: (a) a person pursuing an activity as an employed or self-employed person in a Member State shall be subject to the legislation of that Member State; (b) a civil servant shall be subject to the legislation of the Member State to which the administration employing him/her is subject; (c) a person receiving unemployment benefits in accordance with Article 65 under the legislation of the Member State of residence shall be subject to the legislation of that Member State; (d) a person called up or recalled for service in the armed forces or for civilian service in a Member State shall be subject to the legislation of that Member State; (e) any other person to whom subparagraphs (a) to (d) do not apply shall be subject to the legislation of the Member State of residence, without prejudice to other provisions of this Regulation guaranteeing him/her benefits under the legislation of one or more other Member States. 4. For the purposes of this Title, an activity as an employed or self-employed person normally pursued on board a vessel at sea flying the flag of a Member State shall be deemed to be an activity pursued in the said Member State. However, a person employed on board a vessel flying the flag of a Member State and remunerated for such activity by an undertaking or a person whose registered office or place of business is in another Member State shall be subject to the legislation of the latter Member State if he/she resides in that State. The undertaking or person paying the remuneration shall be considered as the employer for the purposes of the said legislation. ▼M3 5. An activity as a flight crew or cabin crew member performing air passenger or freight services shall be deemed to be an activity pursued in the Member State where the home base, as defined in Annex III to Regulation (EEC) No 3922/91, is located.

Ссылаются нормы: ApplicableLegislation, Article11_3_a_PlaceOfWork, Article11_3_a_WhenPostingConditionsFail, EmployedInOneStateOnly, LegalBasis, SingleLegislationPrincipleBreached, Situation, State, StateOfEmploymentIsInvolved, TitleIIDetermination, applicable_legislation, determined_under_title_ii, employed_activity_in, employed_in_one_state_only, legislation_applicable_under, more_than_one_legislation_determined, period_start

en · unofficial · sha256:daf908a23994422169956ae5f868c31671f692a13edb6375bdd07a92872cba16EN

Article 12 Special rules ▼M3 1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that he/she is not sent to replace another posted person. ▼C1 2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such activity does not exceed 24 months.

Ссылаются нормы: AnticipatedDurationWithin24Months, Article11_3_a_WhenPostingConditionsFail, Article12_1_Posting, PostingEmployerNotNormallyActive, PostingExceeds24Months, PostingIsClaimed, PostingToReplaceAnotherPostedPerson, PostingWithoutActivityForEmployerInFirstState, PostingWorkNotOnEmployersBehalf, ReplacementOfWorkerPostedBySameEmployer, anticipated_duration_within_24_months, anticipated_last_day_of_posted_work, employed_in_state_on_behalf_of, employer_normally_carries_out_activities_in, performs_work_on_behalf_of_posting_employer, posted_by_employer, posting_claimed, posting_conditions_not_met, replaces_worker, sent_to_replace_another_posted_person

en · unofficial · sha256:93ba2f3a061396e38c18bbf68d549f5c8eb259b5317412547a83808b0c20e5e0EN

Article 13 Pursuit of activities in two or more Member States ▼M3 1. A person who normally pursues an activity as an employed person in two or more Member States shall be subject: (a) to the legislation of the Member State of residence if he/she pursues a substantial part of his/her activity in that Member State; or (b) if he/she does not pursue a substantial part of his/her activity in the Member State of residence: (i) to the legislation of the Member State in which the registered office or place of business of the undertaking or employer is situated if he/she is employed by one undertaking or employer; or (ii) to the legislation of the Member State in which the registered office or place of business of the undertakings or employers is situated if he/she is employed by two or more undertakings or employers which have their registered office or place of business in only one Member State; or (iii) to the legislation of the Member State in which the registered office or place of business of the undertaking or employer is situated other than the Member State of residence if he/she is employed by two or more undertakings or employers, which have their registered office or place of business in two Member States, one of which is the Member State of residence; or (iv) to the legislation of the Member State of residence if he/she is employed by two or more undertakings or employers, at least two of which have their registered office or place of business in different Member States other than the Member State of residence. ▼C1 2. A person who normally pursues an activity as a self-employed person in two or more Member States shall be subject to: (a) the legislation of the Member State of residence if he/she pursues a substantial part of his/her activity in that Member State; or (b) the legislation of the Member State in which the centre of interest of his/her activities is situated, if he/she does not reside in one of the Member States in which he/she pursues a substantial part of his/her activity. 3. A person who normally pursues an activity as an employed person and an activity as a self-employed person in different Member States shall be subject to the legislation of the Member State in which he/she pursues an activity as an employed person or, if he/she pursues such an activity in two or more Member States, to the legislation determined in accordance with paragraph 1. 4. A person who is employed as a civil servant by one Member State and who pursues an activity as an employed person and/or as a self-employed person in one or more other Member States shall be subject to the legislation of the Member State to which the administration employing him/her is subject. 5. Persons referred to in paragraphs 1 to 4 shall be treated, for the purposes of the legislation determined in accordance with these provisions, as though they were pursuing all their activities as employed or self-employed persons and were receiving all their income in the Member State concerned.

Ссылаются нормы: Article13_1_a_SubstantialPartInResidenceState, Article13_1_b_i_OneEmployer, Article13_1_b_ii_EmployersInOneState, Article13_1_b_iii_EmployersInResidenceAndOneOtherState, Article13_1_b_iv_EmployersInThreeOrMoreStates, Article13_1_b_iv_EmployersInTwoOtherStates, EmployedInTwoOrMoreStates, EmployerSeatIsResidenceState, EmployerSeatOutsideCoordinationArea, EmployerSeatOutsideModelledScope, EmployerSeatState, EmployerSeatStateIsChecked, EmployerSeatsInOneState, EmployerSeatsInThreeOrMoreStates, EmployerSeatsInTwoStates, SingleEmployer, SomeEmployerSeatInResidenceState, TwoOrMoreEmployers, Undertaking, employed_in_two_or_more_states, employer_identification_settled_by_case_law, employer_of, employer_seat_is_residence_state, employer_seat_outside_coordination_area, employer_seat_state, employer_seats_in_one_state, employer_seats_in_three_or_more_states, employer_seats_in_two_states, registered_office_in, single_employer, some_employer_seat_in_residence_state, substantial_part_of_activity_in_residence_state, two_or_more_employers

en · unofficial · sha256:94d48278cd27987f93c6ab01901d4dee2449736dfb728cb418d51eb1f9bdbc6eEN

Article 14 Voluntary insurance or optional continued insurance 1. Articles 11 to 13 shall not apply to voluntary insurance or to optional continued insurance unless, in respect of one of the branches referred to in Article 3(1), only a voluntary scheme of insurance exists in a Member State. 2. Where, by virtue of the legislation of a Member State, the person concerned is subject to compulsory insurance in that Member State, he/she may not be subject to a voluntary insurance scheme or an optional continued insurance scheme in another Member State. In all other cases in which, for a given branch, there is a choice between several voluntary insurance schemes or optional continued insurance schemes, the person concerned shall join only the scheme of his/her choice. 3. However, in respect of invalidity, old age and survivors' benefits, the person concerned may join the voluntary or optional continued insurance scheme of a Member State, even if he/she is compulsorily subject to the legislation of another Member State, provided that he/she has been subject, at some stage in his/her career, to the legislation of the first Member State because or as a consequence of an activity as an employed or self-employed person and if such overlapping is explicitly or implicitly allowed under the legislation of the first Member State. ▼M1 4. Where the legislation of a Member State makes admission to voluntary insurance or optional continued insurance conditional upon residence in that Member State or upon previous activity as an employed or self-employed person, Article 5(b) shall apply only to persons who have been subject, at some earlier stage, to the legislation of that Member State on the basis of an activity as an employed or self-employed person.

en · unofficial · sha256:12613e63e9efe70f201540ca330a52692b230ed3de4ec3fc44c76dd2574c4da9EN

Article 15

en · unofficial · sha256:ce6b331b72046414e5aee810b760b0303fde90081b68090be4530aaf38ad8212EN

Article 16 Exceptions to Articles 11 to 15 1. Two or more Member States, the competent authorities of these Member States or the bodies designated by these authorities may by common agreement provide for exceptions to Articles 11 to 15 in the interest of certain persons or categories of persons. 2. A person who receives a pension or pensions under the legislation of one or more Member States and who resides in another Member State may at his/her request be exempted from application of the legislation of the latter State provided that he/she is not subject to that legislation on account of pursuing an activity as an employed or self-employed person.

Ссылаются нормы: Agreement, AgreementInForceForPeriod, Article16_1_AgreedLegislation, ExceptionAgreementApplies, agreement_covers_situation, agreement_designates_legislation_of, agreement_in_force_for, agreement_valid_from, agreement_valid_until, exception_agreement_applies, exception_agreement_concluded_by

en · unofficial · sha256:86943a6904b135436be1a1ed75742dad9b49a86c4da0f8b05bd7f9fd0373efecEN

(j) ‘residence’ means the place where a person habitually resides;

Ссылаются нормы: ResidenceInDispute, SoleResidence, StateOfResidenceIsInvolved, residence_in_dispute, resides_in, sole_residence

en · unofficial · sha256:ff077b9fe8711efa78c06a9377a3390bbcfd53da9bcefe1e85bee7d3d273d40bEN

Article 87 Transitional provisions 1. No rights shall be acquired pursuant to this Regulation for the period before its date of application. 2. Any period of insurance and, where appropriate, any period of employment, self-employment or residence completed under the legislation of a Member State prior to the date of application of this Regulation in the Member State concerned shall be taken into consideration for the determination of rights acquired under this Regulation. 3. Subject to paragraph 1, a right shall be acquired under this Regulation even if it relates to a contingency arising before its date of application in the Member State concerned. 4. Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of application of this Regulation in the Member State concerned, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment. 5. The rights of a person to whom a pension was provided prior to the date of application of this Regulation in a Member State may, at the request of the person concerned, be reviewed, taking into account this Regulation. 6. If a request referred to in paragraph 4 or 5 is submitted within two years from the date of application of this Regulation in a Member State, the rights acquired in accordance with this Regulation shall have effect from that date, and the legislation of any Member State concerning the forfeiture or limitation of rights may not be invoked against the persons concerned. 7. If a request referred to in paragraph 4 or 5 is submitted after the expiry of the two-year period following the date of application of this Regulation in the Member State concerned, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State. ▼M1 8. If, as a result of this Regulation, a person is subject to the legislation of a Member State other than that determined in accordance with Title II of Regulation (EEC) No 1408/71, that legislation shall continue to apply while the relevant situation remains unchanged and in any case for no longer than 10 years from the date of application of this Regulation unless the person concerned requests that he/she be subject to the legislation applicable under this Regulation. The request shall be submitted within 3 months after the date of application of this Regulation to the competent institution of the Member State whose legislation is applicable under this Regulation if the person concerned is to be subject to the legislation of that Member State as of the date of application of this Regulation. If the request is made after the time limit indicated, the change of applicable legislation shall take place on the first day of the following month. ▼C1 9. Article 55 of this Regulation shall apply only to pensions not subject to Article 46c of Regulation (EEC) No 1408/71 on the date of application of this Regulation. 10. The provisions of the second sentences of Article 65(2) and (3) shall be applicable to Luxembourg at the latest two years after the date of application of this Regulation. ▼M1 10a. The entries in Annex III corresponding to Estonia, Spain, Italy, Lithuania, Hungary and the Netherlands shall cease to have effect 4 years after the date of application of this Regulation. 10b. The list contained in Annex III shall be reviewed no later than 31 October 2014 on the basis of a report by the Administrative Commission. That report shall include an impact assessment of the significance, frequency, scale and costs, both in absolute and in relative terms, of the application of the provisions of Annex III. That report shall also include the possible effects of repealing those provisions for those Member States which continue to be listed in that Annex after the date referred to in paragraph 10a. In the light of that report, the Commission shall decide whether to submit a proposal concerning a review of the list, with the aim in principle of repealing the list unless the report of the Administrative Commission provides compelling reasons not to do so. ▼C1 11. Member States shall ensure that appropriate information is provided regarding the changes in rights and obligations introduced by this Regulation and the Implementing Regulation.

en · unofficial · sha256:040b27ff5ab4cdd8fae410afda207a96b15a6974f26d03c69f22bd449c3fc777EN

Article 87a Transitional provision for application of Regulation (EU) No 465/2012 1. If as a result of the entry into force of Regulation (EU) No 465/2012, a person is subject, in accordance with Title II of this Regulation, to the legislation of a different Member State than that to which he/she was subject before that entry into force, the legislation of the Member State applicable before that date shall continue to apply to him/her for a transitional period lasting for as long as the relevant situation remains unchanged and, in any case, for no longer than 10 years from the date of entry into force of Regulation (EU) No 465/2012. Such a person may request that the transitional period no longer applies to him/her. Such request shall be submitted to the institution designated by the competent authority of the Member State of residence. Requests submitted by 29 September 2012 shall be deemed to take effect on 28 June 2012. Requests submitted after 29 September 2012 shall take effect on the first day of the month following that of their submission. 2. No later than 29 June 2014, the Administrative Commission shall evaluate the implementation of the provisions laid down in Article 65a of this Regulation and present a report on their application. On the basis of this report, the European Commission may, as appropriate, submit proposals to amend those provisions.

Ссылаются нормы: Article87a_TransitionalPeriod, SameLegislationAsBefore, TransitionalLegislation, TransitionalPeriodEngaged, TransitionalRequestDeemedEffectiveOn28June2012, TransitionalRequestEffectiveNextMonth, relevant_situation_unchanged, same_legislation_as_before_28_june_2012, subject_before_28_june_2012_to, transitional_period_applies, transitional_period_engaged, transitional_request_in_effect, transitional_request_submitted_on

en · unofficial · sha256:21f1a1141f3bc1768f408d968652f4c29edbd233e22f6f8decae2620fe9d93dbEN

Article 91 Entry into force This Regulation shall enter into force on the 20th day after its publication in the Official Journal of the European Union . It shall apply from the date of entry into force of the Implementing Regulation. This Regulation shall be binding in its entirety and directly applicable in all Member States.

Ссылаются нормы: EmployerSeatNotYetCovered, OutsideScopeByDate, StateNotYetCovered, assert-h059ec1c12786cf0b4d338134e4676c91e88df9fdac272b27201a413e80c27c10, assert-h07be87f05410b39c6992c997d44595cbc59df9bbccbe4c27a28c6dc79794b7f3, assert-h0e4c07d02149730f12b7e130bcde13436a8a29d23334c6c337d668d6f85eed97, assert-h161368b2322b8b8a946ebb274183d0a525e2687011b878d6dab519c1dcf2e679, assert-h1b7c5c64e2dbfe79c25ac44b0af911d40e36b759e4cff7998321e8541a7a8ddb, assert-h1beafe344f3cfa2c8f592d6ec8a12306311dbc17fad512439669b85f91172b62, assert-h20df259e32df50a4909a45cc353e4e13ba34cfd1453a8e526be3fa55f9ea36e1, assert-h25b91cb46f65f6c419a2b55b61e6ee44050bb02caa8cb9f4ae412faa95497974, assert-h2dd7285c694eea0f812e38ec0184779f536515d8a290445d52d65c9770e249fd, assert-h3e671e2b11981d9f1a619d2fa21157c2057a3e147b9cd30b6626afcc5c266037, assert-h551e6d20ce84a5643bef869e82592371cd0edbb1f9f0215f1caeae0a380bbe95, assert-h5865cfc051d9d3b4cdb90550a0f7a453cfc7e3bd1b087c9e9ac1005285f026f5, assert-h5b70259c99b515d402d7ca879338d7db014c6ed24a2173aecc4c781209f89712, assert-h639c5ff11ef0986b5aa44b23a99ee37d9d0d4afcee6d356f1cfacc6525c2a7b0, assert-h68bb0c765cb6a881c64d33b23c476fdcaf321f36b6b09a3a699a116744938ca8, assert-h84f4ebd556d228e067a1c21d20a5807c1b3892a19f0b352dc213c5a29d7d3f06, assert-h8bf807455a0155699bcaf9b9ff687d0bb4b8c3a97f764ae2e1dc113777f69a42, assert-h91e1f1999e406ea2f2fc7a752f7053d36e78f145bed0519a6705e2266d6343cb, assert-h9442cac5c75f6df61c72e38d2a65094fa19d9baf68e9478abb4b4c5ca27b2493, assert-h9b20d6f2ebd4c0439d7614b9f8951e8ffe592c381932f63a40d02907b6fb41fe, assert-hb3c53deaa36ef45fac26ab036e6516db6581a057106c2ef49944e10a3c8ee1d9, assert-hb5298e7eb65d073280f9b1b2c45972cb3af12827a40c8e340e08a88a4fae2748, assert-hba7af577a5219ed9410cf2d133f56b056c14250421dc93ad7223c2aaf90fa993, assert-hc4d8b0350101e205bcc80257118a702a0970c2daf6ca1011a89682388644b1e4, assert-hd70ca583fda0fbba29ad94604f680fcb2734f04e37cefa7b5747b122b596ffde, assert-hde5b233c1f5ef022b2a05b27dd720ec55f484cc1173967a68ad8592ac0280579, state_not_yet_covered

en · unofficial · sha256:c4a9b615db54700ff4eb333a6a0d28b92969fb0d14526c330ea3e0aa4570e1b1EN

REGULATION (EC) No 883/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)

Ссылаются нормы: OutsideScopeByBoundary, StateOutsideModelledScope, assert-h2b813f88b7ad6225335e187ce4bf6521511d29373b369d50b102d282152454d8, state_outside_modelled_scope, state_outside_modelled_scope_marker