Coordinating the Material Scope of Social Security Systems: Selected Social Benefits in Lithuania
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Abstract
The EC Treaty contains an obligation of the European institutions to create a system of social security coordination. This is necessary to make the freedom of movement for workers feasible. Differences of national social security systems may cause obstacles for implementation of workers’ movement. The substantive provisions of social security coordination are to be found in the Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community.
Determination of the scope of the Regulation (or coordination as such) comes to be one of the main aspects. This article deals with one of the elements of the scope of the Regulation – material scope. Identification of the material scope of the Regulation has significant meaning to every Member State for the reason that only identification of the material scope framework enables to distinguish which of national social security benefits fall under the scope of the Regulation - are regulated in accordance with principles of coordination.
Analysis of the material scope of Regulation is very important in respect of Lithuanian social security system, because Lithuanian system contains some atypical social benefits, for example certain state pensions (state pensions for officials and servicemen, judges, scientists). Answering the question whether certain Lithuanian social benefits fall under the material scope of the Regulation, rules and criteria set by Regulation itself and by decisions of the European Court of Justice must be followed. Thus, considering the status of each social benefit two basic criteria must be evaluated. First one – conditions of awarding of particular benefits: the benefit should be considered as falling under the scope if a statutory position of the individual concerned can be adjusted without the requirement of an individual and discretionary appreciation of his or her personal condition. Second one - the benefit concerned shall be linked with one of the branches of social security listed in the Regulation. Only evaluation of certain benefit according to these two criteria allows setting if coordination rules are applicable to a particular social benefit.
Having in mind the criteria described above, as well as other provisions of the Regulation and principles formulated by the European Court of Justice, it is possible to state that Lithuanian state pensions for deprived persons and pensions of the first and second degree do not fall under the scope of the Regulation. However, state pensions for officials, servicemen, judges and scientists might be coordinated according to the rules of the Regulation.
Determination of the scope of the Regulation (or coordination as such) comes to be one of the main aspects. This article deals with one of the elements of the scope of the Regulation – material scope. Identification of the material scope of the Regulation has significant meaning to every Member State for the reason that only identification of the material scope framework enables to distinguish which of national social security benefits fall under the scope of the Regulation - are regulated in accordance with principles of coordination.
Analysis of the material scope of Regulation is very important in respect of Lithuanian social security system, because Lithuanian system contains some atypical social benefits, for example certain state pensions (state pensions for officials and servicemen, judges, scientists). Answering the question whether certain Lithuanian social benefits fall under the material scope of the Regulation, rules and criteria set by Regulation itself and by decisions of the European Court of Justice must be followed. Thus, considering the status of each social benefit two basic criteria must be evaluated. First one – conditions of awarding of particular benefits: the benefit should be considered as falling under the scope if a statutory position of the individual concerned can be adjusted without the requirement of an individual and discretionary appreciation of his or her personal condition. Second one - the benefit concerned shall be linked with one of the branches of social security listed in the Regulation. Only evaluation of certain benefit according to these two criteria allows setting if coordination rules are applicable to a particular social benefit.
Having in mind the criteria described above, as well as other provisions of the Regulation and principles formulated by the European Court of Justice, it is possible to state that Lithuanian state pensions for deprived persons and pensions of the first and second degree do not fall under the scope of the Regulation. However, state pensions for officials, servicemen, judges and scientists might be coordinated according to the rules of the Regulation.
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