Invalidity: Qualifying Conditions a), 2005

Transcription

1 Austria All employees in paid employment, trainees. Family members working in the enterprises of self-employed persons. Persons who do not have a formal employment contract but essentially work like an employee (e.g. no own organisational structure, perform their services themselves). Persons voluntarily insured. 50% From the 1st day of the month following the contingency or the application. The pension is granted for a period of 24 months. A new application must be made to extend the period. After retirement age the invalidity pension is granted to the same amount. It is possible to transfer the invalidity pension into an old-age pension on the basis of an application. Belgium Employees % From the day after the end of the primary period of incapacity (1 year) until retirement age. Czech Republic Compulsory participation for: those in employment, assimilated groups (for example students, unemployed persons, persons caring for children/helpless persons, people in military service etc.), and self-employed persons. Voluntary participation is available to unemployed persons, students (when they are not already insured under the law) and persons employed abroad. Other persons over 18 years who have completed at least one year of obligatory insurance can participate in voluntary pension insurance, but in this case for a maximum of 10 years. Partial invalidity: 33%. From the appearance of invalidity until recovery or retirement age. When disabled person reaches retirement age s/he is given the choice between an old-age benefit and an invalidity benefit. Invalidity pension: "Eternal eligibility", or 60 insurance months within the last 120 calendar months. After completion of age 50 the qualifying period for each month after the age of 50 will be increased by 1 month and the observance period by 2 months; maximum 180 insurance months within the last 360 calendar months. The waiting period is not required if invalidity occurs on the grounds of an employment accident or an occupational disease or before the completion of age 27, if there are 6 insurance months. 6 months, with 120 days worked. Full Invalidity and Partial Invalidity depends upon age when disability appears: Age Minimum period less than 20 less than 1 year 20 to 22 1 year 22 to to 26 3 years 26 to 28 4 years 28 plus 5 years Those incapacitated before 18 years of age are entitled to full invalidity Pension (so-called 'Persons Disabled from Youth". Page 1 of 7

2 Denmark All resident nationals. Pensions since : Incapacity for work. Until : 50%. Finland France National pension: Compulsory coverage for all residents aged 16 to 65. Statutory earnings-related pension: All insured employees and self-employed persons aged 18 to 68. Separate laws for different groups adapting the general principles to different circumstances. Employees, self-employed persons. National pension: No level specified. Statutory earningsrelated pension: Disability pension: No more than 2/5 of working capacity left. Partial disability pension: No more than 3/5 of working capacity left. Individual early retirement pension: no level specified. Maximum age: 64 years (66 for those who had reached the age of 60 on ). From the first day of the month following the decision, or at the latest, the first day of the fourth month following the acceptance of the claim by local authorities (the day of the beginning of the examination of the file). Both national and statutory earnings related pensions: Disability pension: From the end of the maximum period of payment of sickness benefit (300 days) for as long as the conditions are fulfilled (main rule) until old-age pension (age 63 for earnings-related pensions scheme and 65 for the national pension scheme). Cash rehabilitation benefit: From the end of the maximum period of payment of sickness benefit (300 days) when the disability pension is awarded on a temporary basis as rehabilitation cash benefit. Individual early retirement pension for those born 1943 or earlier: From the entitlement to the pension for as long as the conditions are fulfilled, converted automatically to old-age pension at the age of % From the date the state of invalidity is deemed to exist or at the end of payment of the sickness cash benefits (3 years) or when the medical report states invalidity where this results from premature physical deterioration. At the age of 60, the pension is replaced by the old-age At least 3 years of residence between the age of 15 and 67 (67 for those who had reached the age of 60 on ). Foreigners: 10 years of residence, 5 of which immediately previous the pension request. At the age of 65/67 the pension is automatically converted into an old-age National pension: 3 years of residence after the age of 16. Statutory earnings-related pension: Employees: none; accrual status from the first day of employment. Self-employed: 4 months. Regularly insured for at least 12 months before the first day of the month of interruption of work due to invalidity, or of an accident followed by invalidity, or of the medical declaration of invalidity due to a precocious attrition. The insured must have paid a minimum of contributions on 2,030 minimum wage per hour in the 12 months preceding the realisation of the risk, of which 1,015 during the first six months or prove 800 working hours in the last 12 months, of which 200 hours during the first three months preceding the realisation of the risk. Page 2 of 7

3 Germany Employees. Handicapped persons incapable for work. Partial incapacity: Capacity for any work between 3 and 6 hours a day. Total incapacity: Capacity for any work less than 3 hours a day. From the end of the month in which the conditions are fulfilled. At the age of 65, pension is converted into oldage Greece Employees. 50% From the date when invalidity is deemed to exist. Periodically (after 1 or depending on circumstances) the insured persons are reassessed by the health committees. Hungary Ireland Gainfully employed persons (employees and self-employed) and assimilated groups; beneficiaries of income subsidy, unemployment benefit or unemployment benefit paid prior to retirement; beneficiaries of family benefits or nursing fee. With some exceptions all persons aged 16 years or over, employed under a contract of service or apprenticeship, including public servants recruited after 6 April % Eligibility for Invalidity Pension starts from the day on which the invalidity is diagnosed in a report of the medical committee. If the medical committee has not declared the date on which the claimant became invalid, the date of invalidity is the day when the claim was filed. The invalidity pension is not replaced by an Old-age Pension but covers also the period after the retirement age. Eligibility terminates if the pensioner is no longer invalid, or works on a regular basis and their income for the preceding four months was not significantly lower than the income they could have earned in their previous occupation prior to becoming disabled. No retirement pensioner can be eligible for invalidity Permanently incapable of work. From the date when the state of permanent invalidity is deemed to exist (normally after sickness benefit period of at least 12 months). Unlimited duration. Maximum age: None. Employees: 60 months, of which 36 contribution months in the 5 years before onset of complaint. Requirement considered to be fulfilled when the insured person's capacity for work has been impaired by certain occurrences (e.g. employment injury) or under certain circumstances. Handicapped persons incapable for work: 240 months of insurance. Differentiated scheme. Qualifying (insurance) period depending on age of claimant when invalidity occurred: below 2 of age years of age years of age years of age years of age years of age 55 and above 4 years 6 years 8 years 10 years 15 years 20 years At least 260 contribution weeks of insurable employment for which the appropriate contributions have been paid. At least 48 weekly contributions paid or credited during the contribution year preceding the claim. Page 3 of 7

4 Italy Employees of the private sector. Invalidity allowance: 66% Incapacity pensions: 100% Luxembourg Netherlands All persons carrying on a professional activity (employees and self-employed). Possible voluntary insurance. Disablement Insurance Act (WAO): All employees under the age of 65. No minimum level. The insured person who only suffers from invalidity related to the last working place can benefit from occupational rehabilitation. WAO: 15% From the month following the application of the party concerned or the statement of invalidity or incapacity. Maximum age: Retirement age. For permanent incapacity: immediately. For temporary incapacity: on expiry of entitlement to sickness benefit or, failing such entitlement on expiry of an invalidity period of 6 months without interruption. At 65, replaced by old-age WAO: From the end of the period for which Sickness Benefits is paid. Initial Benefit: The duration of this benefit depends on the employee's age on the date of commencement of WAO benefit: Age when qualifying for Duration of the benefit WAO-benefit up to and over 0 years 0.5 year 1 year 1.5 year 3 years 6 years until age of 65 Follow-up benefit: This benefit may be paid out until the recipient reaches the age of 65. General invalidity: 5 contribution years with at least 3 during the last 5 years. Occupational invalidity (caused by circumstances of employment other than industrial injury): No conditions. 12 months of insurance in the three years prior to the invalidity. The three-year period is extended if it overlaps with assimilated periods of eligibility. No qualifying period if invalidity is caused by an injury of any kind or occupational disease, occurred during affiliation. No qualifying conditions. Page 4 of 7

5 Poland Employees, self-employed persons, farmers, recipients of Unemployment Allowance persons on parental leave. Not defined in percentages or points, incapacity described as either 'total' or 'partial' according to remaining working capacity. Portugal All insured employees. Earnings capacity not more than 1/3 of normal occupation. Slovak Republic Compulsory membership for: employees with compulsory sickness insurance, self-employed with compulsory sickness insurance, persons in basic military (or substitute civil) service, persons caring for a child up to the age of 6 years (or 7 if disabled). Voluntarily membership for: persons up to the age of 16 with permanent or temporary residence, e.g. employed abroad, unemployed, self-employed with a yearly income below 12-times the monthly minimum wage, i.e. SKK 78,000 ( 2,018). A person is entitled to invalidity pension as a consequence of a longterm severe healthy condition, if his (her) capacity for work is reduced by 40% compared to the capacity for work of a healthy person. Full invalidity = the loss of capacity for work is more than 70% compared to the capacity for work of a healthy person. The entire period of disability, there are no age limits and cover does not cease on reaching retirement age. From first day of month in which claim was submitted or day determined by the medical board for the determination of permanent invalidity until retirement age. From the first day of the month in which invalidity is diagnosed for as long as the state continues or until the granting of Old-age Pension. Depends upon age at which incapacity began: Age less than 20 years years years 30 years and more Minimum period 1 year 3 years 4 years 5 years For those over the age of 30 years, 5 years of the contribution and non-contribution periods must be included in the 10 years immediately preceding the occurrence of the insured risk. Contributions paid or credited for 5 years. Other shorter periods in case of certain chronic sicknesses (e.g. HIV, cancer, multiple sclerosis). In special cases, after 1,095 days of sickness benefit and subject to endorsement by the Medical Board. The required period of employment depends on age: Up to 20 years years years years over 28 years < 1 year 1 year 3 years 4 years 5 years Persons over the age of 28 years must have completed the employment period in the ten years prior to the occurrence of the invalidity. In case of employment injuries or occupational diseases, no minimum period of affiliation is required. Page 5 of 7

6 Spain Employees. 33% From the date on which the responsible body declares claimant to be permanently incapable (Normally this will be an assessment of the existing permanent incapacity). Sweden United Kingdom All insured persons in the ages years and disabled children under 19 years of age. Employed and self-employed persons (except married women who chose before April 1977 not to be insured) and unemployed. 25% Activity compensation: From 19 to 29 years of age. Sickness compensation: From 30 to 64 years of age. Care allowance for disabled child: Payable to a parent who takes care of a disabled child under 16 years of age. Handicap allowance: Payable to a person from 16 years of age who before the age of 65 has been disabled in such a way that he or she needs special help or has special expenses because of the handicap. Incapable of all work (100%). Long-term incapacity benefit: After one year of incapacity until state pension age (65 for men, 60 for women). Permanent incapacity: Regularly insured person under 26 years: Half time between the age 16 and the date of onset of condition giving rise to incapacity. Regularly insured person over 26 years: A quarter of the time between the age of 20 and the event giving rise to incapacity, subject to a minimum of 5 years. One fifth of contribution period must fall within the 10 years prior to the causal event. Larger qualifying period if not regularly insured. No period of contributions is required if the disability is caused by an industrial or nonindustrial accident or occupational disease. Guaranteed compensation: Periods of residence. Income related activity/sickness compensation: at least 1 year with income carrying pension rights within a frame period depending on the age of the recipient when the disability occurred: 5 years for a person 53 years of age or older, 6 years for a person from 50 to 5 of age, 7 years for a person from 47 to 49 years of age, 8 years for a person 46 years of age or younger. Care allowance for disabled child: residence. Handicap allowance: residence. Must have been entitled or deemed entitled to short-term incapacity benefit for 52 weeks in the period of. Page 6 of 7

7 Norway Switzerland Compulsory coverage from the age of 16 for all residents independent of occupational activity. Supplementary pension covers all occupationally active, whether dependent workers, freelancers or self-employed. 1st pillar (basic scheme): All persons domiciled in Switzerland or gainfully employed there. 2nd pillar (statutory minimum): Employees over the age of 17, affiliated to the 1st pillar and receiving from the same employer an annual salary greater than CHF 19,350 ( 12,529). Beneficiaries of unemployment insurance daily allowances. Optional insurance for employees not covered by compulsory insurance and for the selfemployed. (a) Situation as of 1 January %. In a reactivation phase 20%. Grading over the minimum in 5% intervals. Three-year pilots starting in 2004 in six counties to test out minimum incapacity levels of 40 and 30% for entitlement to temporary disability benefit. 1st pillar (basic scheme): 40% for a quarter pension, 50% for a half pension, 60% for a threequarter pension, 70% for a full 2nd pillar (statutory minimum): 50% for a half pension, 66 2/3 % for a full Temporary disability benefit and disability pension: Between 18 and 67 years of age. Basic benefit (to cover extra expenses due to the medical condition) and attendance benefit. No lower or upper age limit, except for transport expenses where the extra need arises after 70 years of age. 1st pillar (basic scheme): Throughout the contingency. (Transformation of the invalidity pension into an old-age pension at 63 years for women and 65 years for men) 2 nd pillar (statutory minimum): Throughout the contingency. Temporary disability benefit or disability pension: 3 years of insurance immediately prior to the disability. If that condition is not met, an insured disabled may obtain a right to a pension a year after he last became insured, provided he has not been out of the scheme for more than a total of 5 years after the age of 16. Disabled, who were under 26 and members of the National Insurance Scheme when they became disabled, are exempt of the 3-year-condition. Nor does the 3-year-condition apply to basic benefit or attendance benefit. Additional condition for a supplementary pension: Having been credited pension points for 3 years. 1st pillar (basic scheme): One year of contributions. 2nd pillar (statutory minimum): No minimum period of affiliation. Source: EU Commission, DG 05, MISSOC 2005 ( accessed 20/2/2006. Page 7 of 7