Monday, October 28, 2013

From post 1 July 2013 is the coordination rules of FO (EC) No 883/2004 shall apply, which unfortuna


Kemira case, the second October 2013 brought the P4 Fyn under the heading "Ex-Yugoslavians get too little in retirement." BiD Earlier today published an article police about the matter under the heading "Kemira case is a misinterpretation of the Yugoslav Convention on Social Security." police The Board's decision in principle also affect Danish and Croatian citizens covered by the Croatian Convention on social security of 21 April 2005 and who have acquired rights after the Yugoslav Convention on social security of 22 June 1977.
After the Croatian Agreement nature. 3, the Agreement apply to Danish and Croatian nationals residing in Denmark or territory of Croatia and who are or have been covered by the Agreement in nature. 2 above legislation, as well as their family members and survivors, police as these derived rights from these people.
The Croatian Agreement nature. 46 offers Danish and Croatian nationals to capture the Croatian (Yugoslav) insurance periods under the Yugoslav Convention art. 25 pcs. 3 and Art. 28, as in the case of vested rights to be preserved, cf. 69 of the guidance of 23 October 2005 on the Croatian Convention and Appeals Board decision of principle P-4-02.
It is therefore proved that the Appeals Board decision of principle 145-10 is a misinterpretation of the Yugoslav Convention because the Convention also applies to Danish citizens police with permanent residence in Denmark.
From post 1 July 2013 is the coordination rules of FO (EC) No 883/2004 shall apply, which unfortunately does not allow for inclusion of Croatian (Yugoslav) insurance periods in the calculation of Danish pension.
Kemira is as Bosnian police and Danish citizen (dual citizen) resident in Denmark are still covered by the Yugoslav Convention on Social Security. Kemira meets the Bosnian national conditions in the Yugoslav Convention art. 26, paragraph. 1 of eligibility for early retirement police Kemira has as Bosnian citizenship after the Yugoslav Convention art.28 paragraph. 1 right to capture the Bosnian / Serbian (Yugoslav) insurance periods in the calculation of Danish pension, regardless of whether she is entitled to a pension from Bosnia / Serbia. Kemira has a Danish citizen under the Yugoslav Convention art. 28 pcs. K2 to capture the Bosnian / Serbian (Yugoslav) insurance periods in the calculation of Danish pension because she just does not have the right to a pension from Bosnia / Serbia.
Kemira early retirement, after the Yugoslav Convention rules calculated on the basis of her Bosnian / Serbian (Yugoslav) insurance periods from 13 February 1984 to 31 January 1993 and her Danish residence from 2 November 1995 1 May 2013.

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