Regulation (EC) No 883/2004 of the European Parliament and of the CouncilShow full title

[F1 ANNEX VIII U.K. CASES IN WHICH THE PRO RATA CALCULATION SHALL BE WAIVED OR SHALL NOT APPLY (Article 52(4) and 52(5))

Textual Amendments

F1 Substituted by Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its Annexes (Text with relevance for the EEA and for Switzerland).

Part 1: U.K. Cases in which the pro rata calculation shall be waived pursuant to Article 52(4)

DENMARK U.K.

All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IX.

IRELAND U.K.

All applications for state pension (transition), state pension (contributory), widow's (contributory) pension and widower’s (contributory) pension.

CYPRUS U.K.

All applications for old age, invalidity, widow’s and widower’s pensions.

LATVIA U.K.

(a)

All applications for invalidity pensions (Law on State Pensions of 1 January 1996 );

(b)

All applications for survivor’s pensions (Law on State pensions of 1 January 1996 ; Law on State funded pensions of 1 July 2001 ).

LITHUANIA U.K.

All applications for State social insurance survivor’s pensions calculated on the basis of the basic amount of survivor’s pension (Law on State Social Insurance Pensions).

NETHERLANDS U.K.

All applications for old-age pensions under the law on general old-age insurance (AOW).

AUSTRIA U.K.

(a)

All applications for benefits under the Federal Act of 9 September 1955 on General Social Insurance – ASVG, the Federal Act of 11 October 1978 on social insurance for self-employed persons engaged in trade and commerce – GSVG, the Federal Act of 11 October 1978 on social insurance for self-employed farmers – BSVG and the Federal Act of 30 November 1978 on social insurance for the self-employed in the liberal professions (FSVG);

(b)

All applications for invalidity pensions based on a pension account pursuant to the General Pensions Act (APG) of 18 November 2004 ;

(c)

All applications for survivors’ pensions based on a pension account pursuant to the General Pensions Act (APG) of 18 November 2004 , if no increase in benefits is to be applied in respect of additional months of insurance pursuant to Article 7(2) of the General Pensions Act (APG);

(d)

All applications for invalidity and survivors’ pensions of the Austrian Provincial Chambers of Physicians (Landesärztekammer) based on basic provision (basic and any supplementary benefit, or basic pension);

(e)

All applications for permanent occupational invalidity support and survivors’ support from the pension fund of the Austrian Chamber of Veterinary Surgeons;

(f)

All applications for benefits from occupational invalidity, widows and orphans pensions according to the statutes of the welfare institutions of the Austrian bar associations, Part A.

POLAND U.K.

All applications for disability pensions, old-age pensions under the defined benefits scheme and survivors’ pensions.

PORTUGAL U.K.

All applications for invalidity, old-age and survivors’ pension claims, except for the cases where the totalised periods of insurance completed under the legislation of more than one Member State are equal to or longer than 21 calendar years, the national periods of insurance are equal or inferior to 20 years, and the calculation is made under Article 11 of Decree-Law No 35/2002, 19 February.

SLOVAKIA U.K.

(a)

All applications for survivors’ pension (widow’s pension, widower’s and orphan’s pension) calculated according to the legislation in force before 1 January 2004 , the amount of which is derived from a pension formerly paid to the deceased;

(b)

All applications for pensions calculated pursuant to Act No 461/2003 Coll. on social security as amended.

SWEDEN U.K.

All applications for guarantee pension in the form of old-age pension (Act 1998:702) and old-age pension in the form of supplementary pension (Act 1998:674).

UNITED KINGDOM U.K.

All applications for retirement pension, widows’ and bereavement benefits, with the exception of those for which during a tax year beginning on or after 6 April 1975 :

(i)

the party concerned had completed periods of insurance, employment or residence under the legislation of the United Kingdom and another Member State; and one (or more) of the tax years was not considered a qualifying year within the meaning of the legislation of the United Kingdom;

(ii)

the periods of insurance completed under the legislation in force in the United Kingdom for the periods prior to  5 July 1948 would be taken into account for the purposes of Article 52(1)(b) of the Regulation by application of the periods of insurance, employment or residence under the legislation of another Member State.

All applications for additional pension pursuant to the Social Security Contributions and Benefits Act 1992, section 44, and the Social Security Contributions and Benefits (Northern Ireland) Act 1992, section 44.

Part 2: U.K. Cases in which Article 52(5) applies

BULGARIA U.K.

Old age pensions from the Supplementary Compulsory Pension Insurance, under Part II, Title II, of the Social Insurance Code.

ESTONIA U.K.

Mandatory funded old-age pension scheme.

FRANCE U.K.

Basic or supplementary schemes in which old-age benefits are calculated on the basis of retirement points.

LATVIA U.K.

Old-age pensions (Law on State pensions of 1 January 1996 ; Law on State funded pensions of 1 July 2001 ).

HUNGARY U.K.

Pension benefits based on membership of private pension funds.

AUSTRIA U.K.

(a)

Old-age pensions based on a pension account pursuant to the General Pensions Act (APG) of 18 November 2004 ;

(b)

Compulsory allowances under Article 41 of the Federal Law of 28 December 2001 , BGBl I Nr. 154 on the general salary fund of Austrian pharmacists (Pharmazeutische Gehaltskasse für Österreich);

(c)

Retirement and early retirement pensions of the Austrian Provincial Chambers of Physicians based on basic provision (basic and any supplementary benefit, or basic pension), and all pension benefits of the Austrian Provincial Chambers of Physicians based on additional provision (additional or individual pension);

(d)

Old-age support from the pension fund of the Austrian Chamber of Veterinary Surgeons;

(e)

Benefits according to the statutes of the welfare institutions of the Austrian bar associations, Parts A and B, with the exception of applications for benefits from disability, widows’ and orphans’ pensions according to the statutes of the welfare institutions of the Austrian bar associations, Part A;

(f)

Benefits by the welfare institutions of the Federal Chamber of Architects and Consulting Engineers under the Austrian Civil Engineers’ Chamber Act (Ziviltechnikerkammergesetz) 1993 and the statutes of the welfare institutions, with the exception of benefits on grounds of occupational invalidity and survivors’ benefits deriving from the last-named benefits;

(g)

Benefits according to the statute of the welfare institution of the Federal Chamber of Professional Accountants and Tax Advisors under the Austrian Professional Accountants and Tax Advisors’ Act (Wirtschaftstreuhandberufsgesetz).

POLAND U.K.

Old-age pensions under the defined contribution scheme.

SLOVENIA U.K.

Pension from compulsory supplementary pension insurance.

SLOVAKIA U.K.

Mandatory old-age pension saving.

SWEDEN U.K.

Income-based pension and premium pension (Act 1998:674).

UNITED KINGDOM U.K.

Graduated retirement benefits paid pursuant to the National Insurance Act 1965, sections 36 and 37, and the National Insurance Act (Northern Ireland) 1966, sections 35 and 36.]