DECISION No 101 of 29 May 1975 concerning the date to be taken into consideration when determining the rates of conversion to be applied when calculating certain benefits

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,

Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all administrative questions arising from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72,

Having regard to Articles 12 (2), (3) and (4) ; 19 (1) (b), last sentence ; 22 (1) (ii), last sentence ; 25 (1) (b), penultimate sentence ; 41 (1) (c) and (d) ; 46 (3) and (4) ; 50 ; 51 (2) ; 52 (b), last sentence ; 55 (1) (ii), last sentence ; 70 (1), first subparagraph ; 71 (1) (b) (ii), penultimate sentence of Regulation (EEC) No 1408/71, and Articles 34 (1) and 107 (1) and (4) of Regulation (EEC) No 574/72 as last amended by Regulation (EEC) No 2639/74,

Whereas Decision No 14 of 20 November 1959, published in the Official Journal of the European Communities of 27 February 1960, has become invalid on the entry into force of Regulations (EEC) No 1408/71 and (EEC) No 574/72;

Whereas, taking into account the provisions of the said Regulations, there are grounds for adopting a new Decision concerning the date to be taken into consideration when determining the rates of conversion to be applied when calculating certain benefits,

HAS DECIDED AS FOLLOWS:

1. When implementing Articles 12 (2), (3) and (4) ; 41 (1) (c) and (d) ; 46 (3) and (4) ; 50 and 51 (2) of Regulation (EEC) No 1408/71, the date to be taken into consideration for the purpose of determining the rate of conversion shall be that from which these provisions must be applied in respect of the person concerned.

2. When implementing Articles 19 (1) (b), last sentence ; 22 (1) (ii), last sentence ; 25 (1) (b), penultimate sentence ; 52 (b), last sentence ; 55 (1) (ii), last sentence of Regulation (EEC) No 1408/71, the conversion of the amount to be paid to the person concerned shall be made at the rate of conversion applicable for the month during which payment is authorized by the competent institution.

3. When implementing Articles 70 (1), first subparagraph ; 71 (1) (b) (ii), penultimate sentence, of Regulation (EEC) No 1408/71, the conversion of the amount to be paid to the person concerned shall be made at the rate of conversion applicable in the course of the month in which the institution referred to in Article 70 (1), first subparagraph of Regulation (EEC) No 1408/71, draws up the payment order for benefits.

4. When implementing Article 34 (1) of Regulation (EEC) No 574/72, the rate of conversion to be taken into consideration shall be that in force on the day on which the competent institution decides to refund expenses incurred by the person concerned.

5. For pensions to which a right was acquired before 1 January 1975 and which have not been put into payment by the date of entry into force of the present Decision, the rate of conversion to be taken into consideration shall be that applicable on 1 January 1975 in accordance with Article 107 (1) of Regulation (EEC) No 574/72 as amended by Regulation (EEC) No 2639/74.

6. This Decision shall be applicable from the first day of the month following its publication in the Official Journal of the European Communities.

The Chairman of the Administrative Commission

F. HYNES