Common use of Award of benefits Clause in Contracts

Award of benefits. (1) The competent institution shall calculate the amount of the benefit that would be due: (a) under the legislation it applies, only where the conditions for entitlement to benefits have been satisfied exclusively under national law (independent benefit); (b) by calculating a theoretical amount and subsequently an actual amount (pro rata benefit), as follows: (i) the theoretical amount of the benefit is equal to the benefit which the person concerned could claim if all the periods of insurance and/or of residence which have been completed under the legislation of the other State had been completed under the legislation it applies on the date of the award of the benefit. If, under this legislation, the amount does not depend on the duration of the periods completed, that amount shall be regarded as being the theoretical amount; (ii) the competent institution shall then establish the actual amount of the pro rata benefit by applying to the theoretical amount the ratio between the duration of the periods completed before materialisation of the risk under the legislation it applies and the total duration of the periods completed before materialisation of the risk under the legislations of both States concerned. (2) Where appropriate, the competent institution shall apply, to the amount calculated in accordance with points (a) and (b) of paragraph 1, all the rules relating to reduction, suspension or withdrawal, under the legislation it applies, within the limits provided for by Articles 50 to 52. (3) The person concerned shall be entitled to receive from the competent institution of each State the higher of the amounts calculated in accordance with points (a) and (b) of paragraph 1. (4) Where the calculation pursuant to point (a) of paragraph 1 in one State invariably results in the independent benefit being equal to or higher than the pro rata benefit, calculated in accordance with point (b) of paragraph 1, the competent institution shall waive the pro rata calculation, provided that: (a) such a situation is set out in Part 1 of Annex 3; (b) no legislation containing rules against overlapping, as referred to in Articles 50 and 52, is applicable unless the conditions laid down in Article 52(2) are fulfilled; and (c) Article 54 is not applicable in relation to periods completed under the legislation of the other State in the specific circumstances of the case. (5) Notwithstanding paragraphs 1, 2 and 3, the pro rata calculation shall not apply to schemes providing benefits in respect of which periods of time are of no relevance to the calculation, subject to such schemes being listed in Part 2 of Annex 3. In such cases, the person concerned shall be entitled to the benefit calculated in accordance with the legislation of the State concerned.

Award of benefits. (1) The competent institution shall calculate the amount of the benefit that would be due: (a) under the legislation it applies, only where the conditions for entitlement to benefits have been satisfied exclusively under national law (independent benefit); (b) by calculating a theoretical amount and subsequently an actual amount (pro rata benefit), as follows: (i) the theoretical amount of the benefit is equal to the benefit which the person concerned could claim if all the periods of insurance and/or of residence which have been completed under the legislation legislations of the other State States had been completed under the legislation it applies on the date of the award of the benefit. If, under this legislation, the amount does not depend on the duration of the periods completed, that amount shall be regarded as being the theoretical amount; (ii) the competent institution shall then establish the actual amount of the pro rata benefit by applying to the theoretical amount the ratio between the duration of the periods completed before materialisation of the risk under the legislation it applies and the total duration of the periods completed before materialisation of the risk under the legislations of both all the States concerned. (2) Where appropriate, the competent institution shall apply, to the amount calculated in accordance with points sub-paragraphs (a) and (b) of paragraph (1), all the rules relating to reduction, suspension or withdrawal, under the legislation it applies, within the limits provided for by Articles 50 52 to 5254. (3) The person concerned shall be entitled to receive from the competent institution of each State the higher of the amounts calculated in accordance with points sub-paragraphs (a) and (b) of paragraph (1). (4) Where the calculation pursuant to point paragraph (a1)(a) of paragraph 1 in one State invariably results in the independent benefit being equal to or higher than the pro rata benefit, calculated in accordance with point paragraph (b) of paragraph 11)(b), the competent institution shall waive the pro rata calculation, provided that: (a) such a situation is set out in Part 1 of Annex 35; (b) no legislation containing rules against overlapping, as referred to in Articles 50 and 5253 to 54, is applicable unless the conditions laid down in Article 52(254(2) are fulfilled; and (c) Article 54 56 is not applicable in relation to periods completed under the legislation of the other another State in the specific circumstances of the case. (5) Notwithstanding paragraphs (1), 2 (2) and (3), the pro rata calculation shall not apply to schemes providing benefits in respect of which periods of time are of no relevance to the calculation, subject to such schemes being listed in Part 2 of Annex 3. In such cases, the person concerned shall be entitled to the benefit calculated in accordance with the legislation of the State concerned.Annex

Award of benefits. Alternative 1: ("Pro rata temporis" calculation) 1. Where a person has been subject successively or alternately to the legislation of both Contracting Parties, the institution of each Party shall determine, in accordance with the legislation it applies, whether such person or his survivors qualifies or qualify for benefit, having regard, where appropriate, to the provisions of Article 20. 2. Where the person concerned satisfies the conditions specified in paragraph 1 of this Article under the legislation of either Contracting Party without regard to the provisions of Article 20, the competent institution of that Contracting Party shall calculate the benefits solely on the basis of the periods completed under the legislation it applies. 3. Where the person concerned satisfies the conditions specified in paragraph 1 of this Article under the legislation of either Contracting Party, regard being had only to the provisions of Article 20, the competent institution of this Contracting Party shall calculate the benefit as follows: (a) The the competent institution shall calculate the theoretical amount of benefits payable if all the benefit that would be due: (a) periods completed under the legislation it of both Contracting Parties had been completed solely under the legislation which that institution applies, only where the conditions for entitlement to benefits have been satisfied exclusively under national law (independent benefit); (b) by calculating a theoretical amount and subsequently an actual amount (pro rata benefit)however, as follows: (i) in the theoretical case of benefits the amount of the benefit is equal to the benefit which the person concerned could claim if all the periods of insurance and/or of residence which have been completed under the legislation of the other State had been completed under the legislation it applies on the date of the award of the benefit. If, under this legislation, the amount does not depend on the duration length of the periods completed, that amount shall be regarded as being taken to be the theoretical amountamount referred to in the preceding sub-paragraph; (iic) the competent institution shall then establish calculate the actual amount of benefit payable by it to the pro rata benefit by applying to person concerned on the basis of the theoretical amount calculated in accordance with the ratio provisions of sub-paragraph a or of sub-paragraph b of this paragraph, as appropriate, and in proportion to the relationship between the duration of the periods completed before materialisation of the risk contingency arose under the legislation it applies and the total duration of the periods completed before materialisation of the risk under the legislations of both States concerned. (2) Where appropriate, the competent institution shall apply, to the amount calculated in accordance with points (a) and (b) of paragraph 1, all the rules relating to reduction, suspension or withdrawal, contingency arose under the legislation it applies, within the limits provided for by Articles 50 to 52. (3) The person concerned shall be entitled to receive from the competent institution of each State the higher of the amounts calculated in accordance with points (a) and (b) of paragraph 1. (4) Where the calculation pursuant to point (a) of paragraph 1 in one State invariably results in the independent benefit being equal to or higher than the pro rata benefit, calculated in accordance with point (b) of paragraph 1, the competent institution shall waive the pro rata calculation, provided that: (a) such a situation is set out in Part 1 of Annex 3both Contracting Parties; (bd) no legislation containing rules against overlapping, as referred to in Articles 50 and 52, is applicable unless if the conditions laid down in Article 52(2) are fulfilled; and (c) Article 54 is not applicable in relation to total of the periods completed under the legislation of both Contracting Parties before the other State in contingency arose exceeds the specific circumstances of the case. (5) Notwithstanding paragraphs 1, 2 and 3, the pro rata calculation shall not apply to schemes providing benefits in respect of which periods of time are of no relevance to the calculation, subject to such schemes being listed in Part 2 of Annex 3. In such cases, the person concerned shall be entitled to the benefit calculated in accordance with maximum period required by the legislation of either Party for the State concernedreceipt of full benefit, the institution of that Party shall, when applying the provisions of sub-paragraph a of this paragraph, take this maximum period into account instead of the total of the periods completed, without however being obliged to grant greater benefit than the full benefit provided for in the legislation it applies.