1. External aspects of social security coordination
MISSOC NETWORK MEETING Vilnius, October 2013
External aspects of social security coordination
Prof. dr. Saskia Klosse, Academic expert

3. Structure of the report
Introduction
Payment of pensions in third countries
Bilateral agreements
Concluding remarks
Annexes

4. Introduction into the report
Background
Communication of the European Commission, The external dimension of EU Social Security Coordination, COM(2012) 153 final
Plea for strengthening the cooperation between EU Member States so as to advance more coherency
Scope and Methodology

5. Payment of pensions in third countries
Introduction into the theme
Interconnection between national legislation and EU law
Principle of equal treatment (Article 4 Regulation 883/2004)
Payment of pensions in third countries depends in the end on the applicable national legislation

6. Payment of pensions in third countries - Analysis
Is export possible and if so under what conditions?
‘Mild’ conditions
Residence requirements
Bilateral agreements

7. Introduction into the theme
Bilateral agreements
Introduction into the theme
Interconnection between bilateral agreements and EU law
ECJ 15 January 2002, Case C-55/00, Gottardo, I-431
Gottardo clause

8. Bilateral agreements - Analysis
Personal scope
EU nationals are not always included
Sometimes the agreements refer to insured persons (or residents) of (one of) the contracting parties
‘Closed’ agreements may also cover refugees or stateless persons
Sometimes the agreement excludes particular groups

9. Bilateral agreements - Analysis
Material scope
Provisions on the applicable legislation and the aggregation and export of pensions are almost always included
Some agreements cover these issues only
Some agreements combine provisions on the applicable legislation, provisions on the aggregation and export of pensions and invalidity benefits

10. Bilateral agreements - Analysis
Material scope
Posting periods are sometimes extended to five, four or two years
Nationality requirements may be lifted when it comes to posting

11. Bilateral agreements - Analysis
Material scope
Some agreements cover all the traditional branches of social security
In some agreements only one branch is missing
Invalidity benefits are almost always included
Some agreements only provide for a limited coverage

12. Summary of the main findings of the analysis
Concluding Remarks
Summary of the main findings of the analysis
Pensions are usually exportable to third countries if certain conditions are fulfilled
Network of bilateral agreements is by no means complete