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Invalidity Benefits
--> Invalidity
--> The two regimes of invalidity benefit
--> Invalidity degree
--> Estimation of the amount of the benefit
--> Asking for a benefit
--> Aggravation of the Invalidity
--> Replacement of the invalidity benefit by the retirement pension
--> In-kind benefits and cash benefits
--> Useful Addresses
-- > Invalidity
There is no common invalidity definition within the member States of the European Economic Space (EES).
The following shall be considered as invalidity:
~ Germany
Partial invalidity: The insured person, who as the result of an illness or infirmity is not able to work during an undetermined period of at least 6 hours per day in the normal conditions of the labour market.
Total invalidity:The insured person, who as the result of an illness of infirmity is unable to work during an undetermined period of at least 3 hours per day in the normal conditions of the labour market.
~ Belgium
The insured person, who as the result of an illness of infirmity can not earn more than a third of the normal earning of a worker with the same category and equivalent training.
(Minimum percentage: 66, 6%)
~ France
The insured person, who as the result of an illness or infirmity earns but a third of the normal wage of a worker with the same category and equivalent training in the same region.
~ Luxembourg
The insured person, who as the result of an extended illness, infirmity or injury, has undergone a loss of working capacity impeaching him/her to carry out the profession which he/she has carried out in the last term or any other occupation corresponding to his/her fitness and aptitudes. (Minimum percentage: 66, 66%)
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-- >The two regimes of invalidity benefit
The invalidity benefit can be estimated according to the duration of your affiliation or in a way independent to the latter, depending on the existence of insurance when the invalidity takes place (realisation of the risk).
In both cases, in order to open the right, a minimal period of affiliation, called training period, is required. This period varies from one Country to another.
Luxembourg : 12 months during the 3 previous years to the date of the invalidity stated by the doctor.
Germany : 5 years (from which three as compulsory insured party)
Belgium : 6 months with at least 120 days of work or with equal status.
France : 12 months
-The regime related to the realisation of the risk (type A)
The quantity of your pension will be independent to the duration of the insurance periods: you will receive the same amount no matter if you have been insured for 5 years or for 20 years. Nevertheless, in order to benefit from the allowance, your insurance will have to be valid when the invalidity takes place.
Example : the insurance regimes from Belgium and France.
- The regime concerning the duration of the affiliation (type B)
The invalidity benefit is calculated in the same manner as the retirement pension: the longer your previous affiliation period is, the higher will be the quantity of your benefit. Even if you are not affiliated when the invalidity takes place, you will be entitled to a pension calculated according to the duration of your insurance periods.
Exemple : the regimes from Germany and Luxembourg.
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-->Invalidity degree
The decision taken on your invalidity degree by the fund of a member State will not be automatically imposed to the funds of other member States. It may happen, for example, that you are recognised as invalid in your employment State but that in your residence State you are fit for working.
However, Belgium, France and Luxembourg have agreed to establish common conditions of the invalidity degree for the general regime. Should there be common conditions, the decision of one institution of one of these three member States will rule the institution of the two other countries.
There is no such an agreement with Germany.
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--> Estimation of the amount of the benefit
- You are insured in a single country :
The amount of your invalidity benefit will be calculated according to the legislation of that country as if you resided in it.
- You have been insured in at least two countries:
Preliminary remark on the adding up of the insurance periods: in order to determine the amount of your benefit, all the insurance periods carried out in the States of the EEE will be taken into account as if you had carried them out in the member State where you have requested your benefit.
Under the same regime type
• Type A : Should you be insured exclusively in the country where the amount of the pension depends on the taking place of the risk, you will only receive the amount paid by the State where you are insured at the moment of the invalidity.
• Type B : You receive a pension from every State where you are affiliated.
- If your right is opened in a State without having to recourse to insurance periods carried out in any other State, the amount of your benefit will be the highest of the two following amounts:
* the benefit calculated according to the national legislation
* the benefit to which you could be entitled in that State if you had accomplished all the insurance periods, in proportion to the duration of your affiliation in this State.
- If your right in a State can only be opened if you total all the insurance periods fulfilled in an other State, you will receive the pension to which you would be entitled in that Sate if you had fulfilled all the insurance periods. This, proportionally to the duration of your affiliation in this State.
Under the two kinds of regimes
When the invalidity occurs:
• You are insured in a country where the benefit depends on the realisation of the risk (type A) but you have been insured in a county where the benefit depends on the duration of the affiliation (type B);
ex. Luxembourg and/or Germany, and France and/or Belgium: Should you simultaneously fulfil the following three conditions, you will receive your invalidity benefit in the type A State:
- You do not perceive any retirement pension.
- You do not need to have recourse to the fulfilled insurance periods under the type B legislation,
- You do not fulfil the prerequisites for the opening of rights from the B type legislation under which you were.
Should you not fulfil at least one of the above-mentioned conditions, you will receive a pension from each State where you have been affiliated, in proportion to the insurance periods fulfilled thin that State.
• You are insured in a country where the benefit depends on the duration of the affiliation (type B), but you had been previously insured in a country where this depends on the realization of the risk (type A).
Ex. France and/or Belgium and Luxembourg and/or Germany : You receive a pension of each State, in proportion to the duration of your affiliation in that State.
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--> Asking for benefits
The benefit is entered in the institution of the State where the invalidity has been declared or in the institution of the residence country that will transmit it.
Germany : Landesversicherungsanstalt (LVA).
Belgium : INAMI (Institut National d’Assurance Maladie Invalidité) or Mutual Fund.
If after a primary invalidity period of one year (period during which you have received the illness pecuniary allowances), you are not apt to work again, you will be able to ask for an invalidity benefit.
Belgian cross-border residents working in Luxembourg: according to the dispositions of the Belgian-Luxembourgeois convention from 24th march 1994, you will receive an invalidity benefit from the medical services from Luxembourg. After this period of one year, your benefit will be paid by your Belgian mutuality.
France : Caisse Primaire d'Assurance Maladie (CPAM)
Luxembourg : Insurance Institution for retirement and invalidity (workers’ regime); Pension Fund of prived employees (employees’ regime).
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--> Aggravation de l’incapacité
Since obtaining of the benefit, you have exclusively been under A type legislation
- Should you have not been complying with other legislations; the State paying your benefit will be responsible for the difference of amounts.
- Should you have been complying with other legislations since then; the amount of the annuity will be calculated by the State where you carry out the activity causing the aggravation. If this new amount is lower to the amount received before the aggravation, the State that paid the first amount will pay a complement equal to the difference.
Since obtaining of the benefit, you have exclusively been under B type legislation
- If you are under no new legislations, the amount of the annuity is calculated and paid by the same institutions and in the same proportions.
- If you are under other legislations since then, the amount of the annuity is calculated as if you had never before received any invalidity benefit (in order to take into account all the activity periods), and it will be paid by each State proportionally to the periods of contribution.
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--> Replacement of the invalidity benefit by the retirement pension
The invalidity benefit will be suppressed at the age of retirement and it will be replaced by the retirement pension.
- If you have been insured in several member States, your invalidity benefit will be transformed into retirement pension in the same conditions. Should you not fulfil the prerequisites of the different legislations, you will continue to receive the invalidity benefit by the State or States for which the prerequisites are still not fulfilled whilst the other States will pay you the retirement pension.
- If you have been insured in a single State, you will receive the retirement pension if you fulfil the prerequisites of this legislation (age prerequisites for example).
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-->In-kind benefits and cash benefits
While you are retired, you and your family will benefit from the care allowances in your residence State.
- If you receive a pension from several countries, the medical care in your residence country and the cash benefits will be granted to you and the members of your family, according to this State’s legislation.
- If you reside in a State that does not pay you any benefit, you will be entitled to the health allowances for you and the members of your family should you have the right to these health allowances in one of the countries paying you any pension.
The cash benefits and care will be granted according to the legislation of your residence State unless you are a Belgian-Luxembourgeois cross-border worker. There is one exception for this cross-border people in the framework of the social Convention between Luxembourg and Belgium.
The expenses will be charged to the country where you have been insured the longest period or to the last country where you have been insured.
In order to benefit from this health-care, you and your family will have to register at the illness fund of your residence State, presenting a European form E 21, given by the illness fund of the country paying your pension.
Annabelle Daniau, Juriste, CRD EURES Lorraine
Joël de Marneffe, Juriste, Coordonateur EURES Transfrontalier PED
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--> Useful addresses
~Germany
BfA Saarbrücken
(Bundesversicherungsanstalt für Angestellte :employés et cadres)
Grossherzog-Friederich Strasse, 16-18
D-66 111 SAARBRÜCKEN
tel : 00 49 / 681 93 70 0
fax : 00 49 / 681 93 70 190
http://www.bfa.de
Auskunfts—und Beratungstelle der LVA für das Saarland
Für Arbeiter und Angestellte
Martin-Luther-Strasse, 2-4
D-66 111 SAARBRÜCKEN
tel : 00 49 / 681 30 93 135
fax : 00 49 / 681 30 93 599
http://www.lva-fuer-das-saarland.de
LVA Rheinland-Pfalz
Eichendorffstrasse, 4-6
D-67 346 SPEYER
tel : 00 49 / 62 32 170
fax : 00 49 / 62 32 17 2589
http://www.lva-rheinland-pfalz.de
~ Belgium
INAMI (Institut National d’Assurance Maladie Invalidité)
Avenue de Tervuren, 211
B-1150 BRUXELLES
tel : 00 32 / 2 739 71 11
fax : 00 32 / 2 739 72 91
http://www.inami.be
Service des indemnités et Service du contrôle médical
Rue des déportés, 50
B-6700 Arlon
tel : 00 32 / 63 22 05 98
fax : 00 32 / 63 22 05 99
~ France
CPAM Nancy
5 à 9, boulevard Joffre
F-54047 NANCY Cedex
tel : 00 33 / 3 83 85 50 00
fax : 0033 / 3 83 32 27 19
http://www.cnamts.fr/
CPAM Longwy
3, avenue Poincaré
F-54 401 LONGWY Cedex
tel : 00 33 / 3 82 25 21 21
fax : 00 33 / 3 82 23 81 40
http://www.cnamts.fr/
CPAM Metz
18 – 22, rue Haute Seille
F-57 751 METZ Cedex 9
tel : 00 33 / 3 87 39 36 36
fax: 00 33 / 3 87 76 15 71
http://www.cpam-metz.com
CPAM Sarreguemines
2, rue de l’Ecole
BP 31169
F-57 217 SARREGUEMINES Cedex
tel : 00 33 3 87 95 80 00
fax : 00 33 / 3 87 98 28 06
http://www.cnamts.fr/
CPAM Thionville
2, allée Bel Air
F-57 128 THIONVILLE Cedex
tel : 00 33 / 3 82 55 94 00
fax : 00 33 / 3 82 55 94 99
http://www.cnamts.fr/
~ Luxembourg
Office des Assurances sociales
Etablissement d’assurance contre la vieillesse et l’invalidité
125, rte d’Esch
L- 1471 Luxembourg
tel : 00 352 / 26 19 141
fax : 00 352 / 49 53 53
http://www.avi.lu
Caisse de pension des employés privés
1, A Boulevard Prince Henri
L – 1724 Luxembourg
tel : 00 352 / 22 41 41 1
fax : 00 352 22 41 41 368
http://www.cpep.lu
For more information, please contact the two resources centres in the Grande Région.
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