1.
organising training and setting up networks on the
European Coordination of Social Security Schemes
in the 27 Member States
National trESS Seminar
Case studies
Lund 14.10.2010
Bernhard Spiegel

2.
Applicable legislation - 1
Case
•Mr Lund resides in SE
•Member of the management board of 3 companies in the USA, SE and FI;
•In USA and SE he is regarded as self-employed
•In FI as employed
Questions
•Which MS is competent?
•Which procedure?
•Assumption: Under the SE-USA bilateral Agreement the Contracting Country of
residence is competent for both activities
Bernhard Spiegel

3.
Applicable legislation – 2
Case
• The transport company “across the EU” is established in NL
• Mr. Vorre (driver) lives in DK, he usually picks up goods in DE
and drives to PL; sometimes – when going to DE he also picks
up goods in DK (approx. once a week)
Questions
• Which MS is competent?
• Which procedure?
• What happens if this is the situation as from 1.10.2010 and
before (from 1.1.2009 to 30.9.2010) Mr. Vorre returned to DK
4 times a week?
• Which MS was competent before – which is competent
afterwards?
Bernhard Spiegel

4.
Applicable legislation - 3
Case
• Mr Svensson is a self-employed architect resident in
SE where he also performs his activity
• Now and then he works under an employment
contract with the company “Building better homes in
Denmark” on building sites in DK
Questions
• Which MS is competent?
• Which procedure?
Bernhard Spiegel

5.
Family benefits - 1
National legislation
• MS A: Family allowance: 100 €
• MS A: Parental allowance: 100 € or if gainfully active
during last 12 m - 80 % of average income during
these last 12 m
• MS B: Family allowance: 80 €
• MS B: Parental allowance: 140 € or if gainfully active
during last 12 m - 80 % of average income during
these last 12 m
Bernhard Spiegel

6.
Family benefits - 2
Case
• Family resides in MS A
• Father always works in MS A (income: 24.000 € a
year)
– His parental benefit in MS A would amount to 1.600 € a
month
• Mother works in MS B for already 24 months, takes
parental leave (income before: 12.000 € a year)
– Her parental benefit in MS B would amount to 800 € a
month
Bernhard Spiegel

7.
Family benefits - 3
Questions
• What family benefits have to be paid?
• By the MS competent by priority
• By the MS which has to pay a differential amount?
• Guiding questions
• How do family allowances and parental benefits
interact?
• Should there be a different co-ordination for
parental benefits? Which?
• SE experiences?
Bernhard Spiegel