Changes from plenary report to adopted text

Added(c) the section "ESTONIA" is replaced by the following:

Added"ESTONIA

Added1. For the purpose of calculating parental benefits, periods of employment in Member States other than Estonia shall be considered to be based on the same average amount of Social Tax as paid during the periods of employment in Estonia with which they are aggregated. If during the reference year the person has been employed only in other Member States, the calculation of the benefit shall be considered to be based on the average Social Tax paid in Estonia between the reference year and the maternity leave.

Added2. For the purpose of calculating pro rata work ability allowance in accordance with Article 52(1), point (b), of this Regulation, the periods of residence completed in Estonia will be taken into account starting from the age of 16 until the contingency occurred. ▌”;

Added(d) the section “CYPRUS” is replaced by the following:

Added‘CYPRUS

AddedFor the purpose of applying the provisions of Articles 6, 51 and 60a of this Regulation, for any period commencing on or after 6 October 1980, a week of insurance under the legislation of the Republic of Cyprus is determined by dividing the total insurable earnings for the relevant period by the weekly amount of the basic insurable earnings applicable in the relevant contribution year, provided that the number of weeks so determined shall not exceed the number of calendar weeks in the relevant period.’;

Added(e) in the section "MALTA", point (a) is replaced by the following:

Added‘(a) Solely for the purposes of the application of Articles 49 and 60 of this Regulation, persons employed under the Malta Armed Forces Act (Chapter 220 of the Laws of Malta), the Police Act (Chapter 164 of the Laws of Malta), the Prisons Act (Chapter 260 of the Laws of Malta) and the Civil Protection Act (Chapter 411 of the Laws of Malta) shall be treated as civil servants;’;

Added(f) in the section "NETHERLANDS", ▌ point 1 is replaced by the following:

Added‘1. Health care insurance

Added(a) As regards entitlement to benefits in kind under Dutch legislation, persons entitled to benefits in kind for the purpose of the implementation of Chapters 1 and 2 of Title III of this Regulation shall mean:

Added(i) persons who are obliged to take out insurance under a health care insurer, according to the Zorgverzekeringswet (Health Care Insurance Act); and

Added(ii) in so far as they are not already included under point i), persons who are resident in another Member State and who, under this Regulation are entitled to health care in their state of residence, the costs being borne by the Netherlands;

Added(b) The persons referred to in point 1(a)(i) must, in accordance with the provisions of the Zorgverzekeringswet (Health Care Insurance Act) take out insurance with a health care insurer; and the persons referred to in point 1(a)(ii) must register with the CAK;

Added(c) The provisions of the Zorgverzekeringswet (Health Care Insurance Act) and the Wet langdurige zorg (Longterm care act) concerning liability for the payment of contributions shall apply to the persons referred to in point (a) and the members of their families. In respect of members of the family, the contributions shall be levied on the person from whom the right to health care is derived;

Added(d) Persons entitled to benefits in kind by virtue of the legislation of a Member State other than the Netherlands who reside in the Netherlands or stay temporarily in the Netherlands shall be entitled to benefits in kind in accordance with the policy offered to insured persons in the Netherlands by the institution of the place of residence or the place of stay, taking into account Article 11(1), (2) and (3) of the Zorgverzekeringswet (Health Care Insurance Act), as well as to benefits in kind provided for by the Wet langdurige zorg (Longterm care act);

Added(e) Point 1(f), in the version in force before … [date of entry into force of the amending Regulation] shall continue to apply to persons who received a benefit referred to in that provision on this date and who have registered with the CAK.’;

Added(g) the following section is inserted after the section "AUSTRIA":

Added"SLOVAKIA

AddedNotwithstanding Article 5 and 6 of this Regulation, for the purposes of granting the supplementary benefit in respect of insurance periods completed under the legislation of the former Czech and Slovak Federal Republic, solely the insurance periods completed under the Slovak legislation can be taken into account in order to meet the condition of at least one year of Slovak pension insurance within the defined period after the date of dissolution of the federation (§ 66a, paragraph 1, letter b) of Act No 461/2003 Col., on Social Insurance). ▌";

Added(h) in the section “FINLAND”, point 1 is deleted;

Added(i) the section "SWEDEN" is amended as follows:

Added(i) points 1 and 2 are deleted;

Added(ii) point 3 is replaced by the following:

Added"3. The provisions of this Regulation on the aggregation of insurance periods and periods of residence shall not apply to the transitional provisions in the Swedish legislation on entitlement to guarantee pension for persons born in or before 1937 who have been resident in Sweden for a specified period before applying for a pension (Chapter 6 of the Act (2010:111) on the Implementation of the Social Insurance Code concerning Chapters 53–74);";

Added(iii) point 4 is amended as follows:

Added- the introductory wording is replaced by the following:

Added‘4. For the purpose of calculating income for notional income-related sickness compensation and income-related activity compensation in accordance with Chapter 34 of the Social Insurance Code (2010:110), the following shall apply:’;

Added- paragraph (b) is replaced by the following:

Added‘(b) where the benefits are calculated pursuant to Article 46 of this Regulation and persons are not insured in Sweden, the reference period shall be determined in accordance with Chapter 34, Sections 3, 10 and 11 of the abovementioned Act as if the person concerned were insured in Sweden. If the person concerned has no pension-generating income during this period under Chapter 59 of the Social Insurance Code (2010:110), the reference period shall be permitted to run from the earlier point in time when the insured person had income from gainful activity in Sweden;";

Added(iv) in point 5, point (a) is replaced by the following:

Added‘5(a) For the purpose of calculating notional pension assets for income-based survivor’s pension (Chapter 82 of the Social Insurance Code) (2010:110), if the requirement in Swedish legislation for pension entitlement in respect of at least three out of the 5 calendar years immediately preceding the insured person’s death (reference period) is not met, account shall also be taken of insurance periods completed in other Member States as if they had been completed in Sweden. Insurance periods in other Member States shall be regarded as based on the average Swedish pension base. If the person concerned has only 1 year in Sweden with a pension base, each insurance period in another Member State shall be regarded as constituting the same amount.’;

Added(j) in the section "UNITED KINGDOM":

Added(i) points 1 and 2 are replaced by the following:

Added"1. Where, in accordance with United Kingdom legislation, a person who reached pensionable age before 6 April 2016 may be entitled to a retirement pension if:

Added(a) the contributions of a former spouse or former civil partner are taken into account as if they were that person’s own contributions; or

Added(b) the relevant contribution conditions are satisfied by that person’s spouse, civil partner, former spouse or former civil partner,

Addedthen provided, in each case, that the spouse or civil partner or former spouse or former civil partner is or had been exercising an activity as an employed or self- employed person, and had been subject to the legislation of two or more Member States, the provisions of Chapter 5 of Title III of this Regulation shall apply in order to determine entitlement under United Kingdom legislation. In this case, references in Chapter 5 to ‘periods of insurance’ shall be construed as references to periods of insurance completed by:

Added(i) a spouse, civil partner, former spouse or former civil partner where a claim is made by:

Added- a married person or civil partner, or

Added- a person whose marriage or civil partnership has terminated otherwise than by the death of the spouse or civil partner; or

Added(ii) a former spouse or former civil partner, where a claim is made by:

Added- a widow, widower or civil partner who immediately before pensionable age was not entitled to widowed parent’s allowance, or

Added- a widow whose husband died before 9 April 2001 who immediately before pensionable age was not entitled to widowed mother’s allowance, widowed parent’s allowance or widow’s pension, or who is only entitled to an age-related widow’s pension calculated pursuant to Article 52(1)(b) of this Regulation, and for this purpose ‘age-related widow's pension’ means a widow’s pension payable at a reduced rate in accordance with section 39(4) of the Social Security Contributions and Benefits Act 1992. ▌

AddedThis point does not apply to persons who reach pensionable age on or after 6 April 2016.

Added2. For the purposes of applying Article 6 of this Regulation to the provisions governing entitlement to attendance allowance, carer’s allowance, ▌ disability living allowance and personal independence payment, a period of employment, self-employment or residence completed in the territory of a Member State other than the United Kingdom shall be taken into account in so far as is necessary to satisfy conditions as to required periods of presence in the United Kingdom, prior to the day on which entitlement to the benefit in question first arises.";

Added(ii) in point 4, the first paragraph is replaced by the following:

Added"4. Where Article 46 of this Regulation applies, if the person concerned suffers incapacity for work leading to invalidity while subject to the legislation of another Member State, the United Kingdom shall, for the purposes of Section 30A (5) of the Social Security Contributions and Benefits Act 1992, Part 1 of the Welfare Reform Act 2007 or the corresponding Northern Ireland provisions, take account of any periods during which the person concerned has received, in respect of that incapacity for work:

Added(a) cash sickness benefits or wages or salary in lieu thereof; or

Added(b) benefits within the meaning of Chapters 4 and 5 of Title III of this Regulation granted in respect of the invalidity which followed that incapacity for work, under the legislation of the other Member State, as though they were periods of, as appropriate, short-term incapacity benefit paid in accordance with Sections 30A (1)-(4) of the Social Security Contributions and Benefits Act 1992, Employment and Support Allowance (Assessment phase) paid in accordance with Part 1 of the Welfare Reform Act 2007 or corresponding Northern Ireland provisions.

Added▌";

Added(10) the following Annexes are added:

Added"ANNEX XII

AddedLONG-TERM CARE BENEFITS ▌ PROVIDED BY WAY OF DEROGATION FROM ARTICLE 33A(2)

Added(Article 33a(2)) ▌

AddedAUSTRIA

AddedLong-term care benefit in cash (Federal Long-Term care benefit Act, BGBI. I Nr. 110/1993 as amended) granted as a result of accidents at work or occupational diseases is coordinated under Chapter 2 of Title III – Benefits in respect of accidents at work and occupational diseases.

AddedFRANCE

Added(a) Constant attendance allowance (Social Security Code, Article L.355-1) is coordinated under Chapter 4 of Title III – Invalidity benefits or under Chapter 5 of Title III – Old age benefit, depending on the benefit which the care supplement is intended to supplement;