2010 - Modernized regulations 883/2009 and 987/2009

DG Employment, Social Affairs and

Equal Opportunities

Modernised Social Security Coordination

Modernized regulations 883/2009 and 987/2009

Maja GRZYMKOWSKA

National trESS seminarMalta 12 V 2010

2DG 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

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_________

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_________

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_________

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Reg 1408/71

Reg 574/72 (Implementing Reg.)

Consolid Reg

Reg 987/09 (Impl. Reg)

Reg 883/04

Regulations 3 & 4

Over 50 years of Social Security Coordination

19591959 19721972 19971997 20102010


What is Coordination? Organisation

Decision Making Administrative Commission Task Force

Ad Hoc groups

Prepare documents and reports

Technical Commission

Audit Board

Prepare and coordinate work

Approve average costs and accounts

Support AC on technical

aspects

Advisory Committee

5

General principles of modernization of coordination rules

• Updating • Simplification • Improved protection of rights • Clarification • Strengthened and Streamlined institutional

procedures

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]

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Enhanced Cooperation

Information to citizens

Solving problems

Combating fraud

Communicating changes

Tackling errors

Fast benefits delivery

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Dialogue and conciliation procedure

DG Employment, Social Affairs and Equal Opportunities 8

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+ 3 months+ 3 monthsWithin 3 monthsWithin 3 months


Doubt about the validity of a document/ correctness of supporting evidenceDoubt about the validity of a document/ correctness of supporting evidenceDifference of views between Member States about the determination of the legislation applicableDifference of views between Member States about the determination of the legislation applicable

10



Agreement

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No agreement

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OPTIONALWithin 6 weeksWithin 6 weeks+ 3 months+ 3 monthsWithin 3 monthsWithin 3 months


Agreement

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Conciliation Board

Within 6 weeksWithin 6 weeksWithin 6 weeksWithin 6 weeks+ 3 months+ 3 monthsWithin 3 monthsWithin 3 months



No agreement

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Conciliation Board

Within 6 weeksWithin 6 weeks+ 3 months+ 3 monthsWithin 3 monthsWithin 3 months


Agreement

OPTIONALWithin 6 monthsWithin 6 monthsWithin 6 weeksWithin 6 weeks+ 3 months+ 3 monthsWithin 3 monthsWithin 3 months


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

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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.


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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

Provisional application of legislation and provisional granting of benefits

Improved protection for individuals

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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)

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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)

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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

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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.

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EESSI

Network

Electronic Exchange of Social Security Information

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I

II

I

I

I

AP AP

I

EESSI

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Public EESSI Directory Interface

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EESSI newsletter


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Transition from 1408/71 to 883/2004 - How will it work?

JULY JULY 20092009

MAYMAY20102010

DECEMBER DECEMBER 20102010

MAYMAY20122012

TRAINING, INFORMATION PERIOD

……

……

……

……

……

……

….

……

……

……

……

……

……

….

TRANSITIONAL PERIOD

EESSI Starts to functionEESSI Starts to function

ImplementingImplementingRegulation adoptedRegulation adopted

Regulations Regulations become applicablebecome applicable

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Impact of Transitional Period

Begin of TPMAY2010

End of TPMAY2012

EESSIfully

operationalDEC.2010

Paper E-Forms

National applications based on Electronic E-Forms

Paper SEDs (“excel”)Paper SEDs (WebIC)

Electronic SEDs

1408/71

883/2004

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SED

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Structured

Electronic

Document

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SEDs Roadmap

J F M A M J J A S O N D

2009

2010

ACDecisions

Contentof SED

PDF/Excell SEDs

Portable Doc on PaperAd hoc group

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Definition of TP for EESSI - Article 95 NIRArticle 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.”

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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

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10 Guiding Principles1. 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

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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

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Recent Developments in the Administrative Commission

• AC Decisions and Recommendations• Portable Documents• Structured Electronic Documents (SEDs)• Miscellaneous Amendments 2010

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Decisions and Recommendations of the Administrative CommissionA + 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

36Source: European Commission, DG Employment, Social Affairs and Equal

Opportunities 36

A document for individuals

Portable documents

373737

Recent developments in the Council

• Proposal for a Regulation extending the provisions of Regulation 883/04 to nationals third country nationals

• Association Council Decisions

383838

The Future

• International dimension of social security coordination

• Long-term care benefits• New patterns of mobility

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New Website on Social Security

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Access to national information page

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Other information sources


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

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