Social security: unemployed persons
1996/0004(COD)
PREVIOUS COMMUNITY LEGISLATION: Regulation 1408/71/EEC its implementing
Regulation 574/72/EEC down rules coordinating the different national social
security schemes. This coor-dination system is designed to remove the
adverse effects on social security coverage when employed and self-employed
persons move within the Community. The system does not seek to harmonize
the legislations on social protection in force in the Member States.
Eight social security branches are covered by Regulation 1408/71/EEC and are
listed in Article 4. Early retirement benefits fall outside the scope of
the Regulation. As a result, if persons receiving early retirement
benefits transfer their residence to another Member State they may have to
forfeit their benefit. A right of exportation will exist only if the rules
of the individual Member State provide the recipient of the early
retirement benefit with such a right. If such a right does not exist under
national law, the person receiving an early retirement benefit cannot move
to another Member State, while maintaining his right to the benefit in
question.
PREVIOUS POSITION OF EP: In 1980 the Commission proposed (OJ C 189/80, p.
22) amendments similar to the present proposal. According to the 1980
proposal, which was never adopted by the Council, pre-retirement pensioners
should be included under the scope of Regulation 1408/71/EEC. The EP
generally approved the Commission's proposal in its Resolu-tion of 19
December 1980 (OJ C 346/80, p. 103). The EP later repeated its view, that
the right to export pensions should include persons who have taken early
retirement and who change their country of residence, in EP Resolution of 13
September 1990, (Part III, point f), (OJ C 260/90, p. 167), EP Resolution of
8 July 1992, (OJ C 241/92, p. 51) which refers to the Resolution of 13
September 1990, and in EP Resolution of 13 June 1995, (OJ C 166/95, p. 24).
SITUATION IN THE MEMBER STATES: Since the end of the 1970s, a number of
early retirement schemes have been used in the Member States as a tool in
the fight against unemployment.