Common provisions

Taking into account child-raising periods

If one of the parents is subject to the general pension scheme and the other to a special transitional scheme or to a special scheme, the period to be taken into account as a result of the upbringing of a common child cannot exceed the period to be taken into account if the parents are subject to a single pension scheme.

Processing applications

Any request for the application of the provisions of this law may be addressed to one of the bodies concerned, which shall forward it to the others together with the information available to it.

Each body determines entitlements and pays benefits on the basis of the information concerning it and the information concerning other bodies that has been certified to it.

Insurance periods certified by the body of the scheme under which they were completed cannot be contested by the other bodies involved.

The decision of the body responsible for paying a pension or part of a pension is taken in accordance with the procedure for determining and settling rights applicable to it.

No decision concerning the modification, suspension or withdrawal of a pension or part of a pension granted may be validly taken without the other bodies responsible for paying a pension or part of a pension being involved.

Reduction and payment of pensions

The reduction, suspension and anti-overlapping provisions are those set out in the competent institution's scheme and apply to all pensions and pension portions.

In the event of a combination of benefits from the general scheme and the special transitional scheme, account is taken of the end-of-year allowance which is reduced, where applicable, to the same extent as all the pensions and pension portions.

Orphans who have lost both parents and who are entitled to a pension under the general scheme in respect of one of the parents and under the special transitional or special scheme in respect of the other parent are only entitled to the higher pension determined in accordance with the rules applicable to orphans who have lost both parents under each scheme.

If a person is entitled to survival pensions from different spouses or partners under the general scheme and the special transitional or special scheme, only the higher survival pension is payable.

The competent institution is responsible for paying the full pension, subject to reimbursement of the pension portions payable by the other institutions.