1. Modernised
Social Security Coordination
Modernized regulations 883/2009 and 987/2009
Maja GRZYMKOWSKA
National trESS seminar
Malta 12 V 2010
DG Employment,
Social Affairs and
Equal Opportunities

2. Overview
• Modernised Social Security Coordination
– Enhanced cooperation
– Key changes in the coordination rules
– EESSI and transitional period
• Recent and future developments
DG Employment, Social Affairs and Equal Opportunities 2

3. Over 50 years
of Social Security Coordination
_______________________________
____________________________
_______________________
____________________
Reg 883/04
Reg 987/09 (Impl. Reg)
Consolid Reg
Reg 1408/71
Reg 574/72 (Implementing Reg.)
Regulations 3 & 4
1959 1972 1997 2010
3

4. What is Coordination? Ad Hoc groups
Organisation Prepare
documents and
reports
Decision
Making Administrative Commission Task Force
Prepare and
coordinate work
Technical Advisory
Audit Board
Commission Committee
Approve Support AC on
average costs technical
and accounts aspects
DG Employment, Social Affairs and Equal Opportunities 4

5. General principles of modernization
of coordination rules
• Updating
• Simplification
• Improved protection of rights
• Clarification
• Strengthened and Streamlined institutional
procedures
5

6. Enhanced Cooperation
"Clear and more effective cooperation between social security
institutions is a key factor in allowing the persons covered by
regulation (EC) 883/2004 to access their rights as quickly as
possible and under optimum conditions"
[Preamble of the IR, para. 2]
6

7. Enhanced Cooperation
Information to citizens
Solving problems
Combating fraud
Communicating changes
Tackling errors
Fast benefits delivery
7

8. Dialogue and conciliation procedure
DG Employment, Social Affairs and Equal Opportunities 8

9. Dialogue and conciliation procedure
Difference of the validity of a Member States about
Doubt about the validity of a document/
Doubt about views between document/
Difference of views between Member States about
the determination of the legislation applicable
correctness of supporting evidenceapplicable
the determination of the legislation
correctness of supporting evidence
Within 3 months + 3 months
Within 3 months + 3 months
9

10. Dialogue and conciliation procedure
Agreement
Within 3 months + 3 months
Within 3 months + 3 months
10

11. Dialogue and conciliation procedure
No agreement
Within 3 months + 3 months
Within 3 months + 3 months
11

12. Dialogue and conciliation procedure
Agreement
Within 3 months
Within 3 months
+ 3 months
+ 3 months OPTIONAL
Within 6 weeks
Within 6 weeks
12

13. Dialogue and conciliation procedure
Conciliation Board
No agreement
Within 3 months + 3 months Within 6 weeks
Within 3 months + 3 months Within 6 weeks
13

14. Dialogue and conciliation procedure
Conciliation Board
Agreement
Within 3 months
Within 3 months
+ 3 months
+ 3 months
Within 6 weeks
Within 6 weeks OPTIONAL
Within 6 months
Within 6 months
14

15. Key Innovations
Determination of Applicable Legislation
• Article 11 BR
• Principle of “unicity” of applicable legislation
strengthened
– no exceptions as it is now under art 14c (Annex VII) and Art. 14f
of Reg 1408
• Strengthening of “lex loci laboris” principle
• Residence for non-active persons
DG Employment, Social Affairs and Equal Opportunities 15

16. Determination of legislation applicable
Transitional provisions
Article 87(7) BR
• Legislation determined under 1408/71 continues to apply
– if as a result of application of 883 person would become subject
to different legislation
– as long as relevant situation remains unchanged
– For a maximum period of 10 years
• Person can request to become subject to the legislation
applicable under 883.
DG Employment, Social Affairs and Equal Opportunities 16

17. Provisional application of legislation
and provisional granting of benefits
6(1) IR:
Divergence of views about the legislation applicable:
person provisionally subject to one legislation identified
with an order of priority
6(2) IR:
Divergence of views about which institution should provide
the benefits: institution identified with an order of priority
Improved protection for individuals
17

18. Key Innovations
Sickness and Maternity
• Clarification of who is responsible
for providing EHIC to persons
not residing in competent State
(Article 27 BR)
• New procedures and rules
for scheduled treatment
(with prior authorisation)
(Article 26 IR)
• Special rights to retired frontier worker (Article 28 of BR)
18

19. Key Innovations
Pensions
• 'Investigating Institution' renamed
'Contact Institution' and given
more proactive role (Article 47 IR)
• Importance of summary pension
note: new basis for a possible
review request from the claimant
in relation to interaction between
decisions notified therein (Article 48 IR)
• Specific provision as regards aggregation
of child-raising periods (Article 44 IR)
19

20. Key Innovations
Unemployment
• Principle of aggregation applies also to
self-employed persons (Article 61 BR)
• Direct payment of exported unemployment
benefit to the person concerned without
need for consequent reimbursement
between institutions (Article 64 BR)
• MS may extend export of unemployment
benefit from 3 to 6 months (Article 64(1)(c)
• Improved special regime for frontier
workers
20

21. Key Innovations
Family Benefits
• Clearer process for establishing
order of priority for paying
family benefits (Article 68 BR);
• Distinction between 'family benefits'
and 'family allowances' removed;
• Same rules for pensioners and
employed persons.
21

22. Electronic Exchange of Social
Security Information
EESSI
Network
22

23. EESSI
AP AP I
I
I I
I
I
I
23

24. Public EESSI Directory Interface
24

25. EESSI newsletter
DG Employment, Social Affairs and Equal Opportunities 25

26. Transition from 1408/71 to 883/2004
- How will it work?
JULY MAY DECEMBER MAY
2009 2010 2010 2012
………………………………….
………………………………….
TRANSITIONAL PERIOD
TRAINING,
INFORMATION PERIOD
Implementing Regulations
Regulation adopted become applicable
EESSI Starts to function
26

27. Impact of Transitional Period
EESSI
fully
Begin of TP operational End of TP
MAY DEC. MAY
2010 2010 2012
Paper E-Forms
National applications
based on
Electronic E-Forms
Paper SEDs (“excel”)
Paper SEDs (WebIC)
Electronic SEDs
1408/71
883/2004
27

28. SED
Structured
Electronic
Document
28

29. SEDs Roadmap
AC
2009
Decisions
2010
J F M A M J J A S O N D
PDF/Excell SEDs
Content
of SED
Ad hoc Portable Doc on Paper
group
29

30. Definition of TP for EESSI - Article
95 NIR
Article 95 (1) NIR:
• “Each Member State may benefit from a
transitional period for exchanging data by
electronic means….”
• “…shall not exceed 24 months from the date
of entry into force of the implementing
Regulation.”
30

31. Decision E1 of the Administrative
Commission
• Article 95 (2) NIR empowers the AC to make
practical arrangements
• Decision E1 on the TP for EESSI
• Adopted on 12 June 2009
31

32. 10 Guiding Principles
1. Good cooperation
2. Replacement of E-forms by SEDs
3. Exception for existing electronic applications
4. No refusal of relevant information
5. Continued validity of documents
6. Flexible phased approach
7. Clear criteria for being EESSI-enabled
8. Notification of EESSI-enabled sectors
9. No “Mix and Match”
10.Standardised layout for paper SEDs
32

33. Practical Conclusions
• EESSI will be particulary beneficial for
institutions
• TP is a challenge
• Solution: Good cooperation, pragmatism and
flexibility
• 10 principles laid down in Decision E1 will help
• Rights of citizens must be guaranteed
33

34. Recent Developments in the
Administrative Commission
• AC Decisions and Recommendations
• Portable Documents
• Structured Electronic Documents (SEDs)
• Miscellaneous Amendments 2010
34

35. Decisions and Recommendations of
the Administrative Commission
A + Number Applicable Legislation
H + Number Horizontal, concerning general issues and rules of
procedure, and also Financial provisions
E + Number Electronic Data Exchange
F + Number Family Benefits
S + Number Sickness Benefits
U + Number Unemployment Benefit
P + Number Pensions
35

36. Portable documents
A document for
individuals
Source: European Commission, DG Employment, Social Affairs and Equal
Opportunities 36

37. Recent developments in the Council
• Proposal for a Regulation extending the provisions
of Regulation 883/04 to nationals third country
nationals
• Association Council Decisions
37

38. The Future
• International dimension of social security
coordination
• Long-term care benefits
• New patterns of mobility
38

39. New Website on Social Security
39

40. Access to national information page
40

41. Other information sources
41

42. Funding for Transnational Actions
Actions:
• Improving information and cooperation between the
institutions of Member States, and/or
• Improving citizens’ knowledge on their rights
• Subsidy up to 80%
• Call for proposal VP/2010/004 (deadline 17/05/2010)
• Published on DG EMPL website
• Publication again in 2011
DG Employment, Social Affairs and Equal Opportunities 42

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