Regulation 883/2004 and Invalidity and Old-Age Pensions

Abstract

This article examines the provisions in Regulation 883/2004 on pensions, and compares them with those of Regulation 1408/71. It does not enter into the sometimes very technical details, particularly with regard to the rules on the calculation and award of pensions, but it rather analyses the main characteristics of the coordination of these benefits in the new regulation. It first comments on horizontal issues such as the material scope of the new regulation and the general principles of the aggregation of periods and the assimilation of facts. This part focuses in particular on the position of non-statutory schemes, funded schemes and pre-retirement benefits. The article continues by analysing the rules in Regulation 883/2004 on the calculation and award of invalidity and old-age benefits. It further explores to what extent the new provisions in Regulation 833/2004 really introduce novelties into the coordination system for invalidity and old-age pensions. It also examines the issue of whether these provisions adequately respond to new developments in the pension schemes of the Member States, including the introduction of non-statutory and funded schemes.