European Principles and Rights
The European provisions on old-age pension guarantee the following rights:
In each Member State in which the insured person worked is kept an insurance file until retirement age. Contributions paid shall not be transferred from one Member State to another Member State and shall not be refunded if the insured is no longer insured in that State.
Each Member State will have to pay an old-age pension at retirement age. If the person concerned has worked in three Member States, he / she may claim three separate old-age pensions at retirement age.
The pension is calculated according to the insurance file in each Member State. The amount of each pension depends on the length of the insurance period in each country.
This is the principle of aggregation of insurance periods , which ensures that periods of insurance or work completed in a Member State will be taken into account, if necessary, to open the right to benefits in another Member State.
Nevertheless, some rules remain national, such as the age of access to the pension.
Therefore, the insured person who has completed insurance periods under the legislation of several Member States shall be granted in each country a partial pension, the amount and the legal age of which shall be determined in accordance with the provisions applicable in the State concerned. .
Conditions of Award
The pension of a State is paid only if the applicant fulfills the conditions of grant provided for by the legislation of that country. The legal retirement age varies from country to country. In the case of a mixed career with old-age pension schemes providing for different ages, the insured person will receive partial pensions from each country once he has satisfied the age requirement laid down in the respective legislation.
In order to qualify for a Luxembourg old-age pension, the person concerned must claim at least one year of insurance in Luxembourg and at least ten years by aggregation with periods completed in another country of the European Union. If the period is less than one year, the months contributed in Luxembourg will be taken into account by the other country and will not give entitlement to the payment of a Luxembourg pension.
Calculation of the Pension
In case of mixed career, the applicant receives a pension from each state in which he was insured. The amount of each pension to which the insured is entitled is proportional to the number of years of contribution completed in the country concerned.
Each State where the insured has been insured shall make the following comparative calculation:
National pension : Calculated on the basis of national legislation, taking into account only the periods worked in the country for a period longer than the minimum period of affiliation;
Theoretical amount: The competent institution calculates the theoretical amount of the old-age benefit that would have been due if the insured had made all insurance periods (including those carried out abroad) under his legislation;
Proportional pension: On the basis of the theoretical amount, it fixes the actual amount in proportion to the duration of the periods of insurance actually carried out under its legislation.
The competent pension fund then pays the higher of the two pensions.
Procedure – Application for a Pension
If you have worked in more than one country, it is advisable to apply for a pension in the country of residence unless you have never worked there. In this case, you must submit your application in the country where you last worked.
The pension institution that has received your application acts as a contact organization and will be responsible for the processing of your file by exchanging information with the relevant institutions in other countries.
