Transcript Document
Major aspects of the Luxembourg Social Security Scheme IFCC training – June 2005 Marielle Stevenot 1 Part I General overview of the Luxembourg social security scheme 2 General overview of the Luxembourg social security scheme Legal and regulatory framework Administrative organisation – Missions of the various institutions Administration principles Financing : The social security contributions Persons subject to the Luxembourg social security scheme 3 Legal and regulatory framework Purpose of the social security scheme = to protect any person against “social risks” reducing or depriving him of his income or imposing additional charges on him. ILO convention n° 102 : minimum risks to be covered by the social security - sickness (health care) sickness (compensation for the loss of income) maternity old-age invalidity death work accident and occupational illness family charges unemployment 4 Legal and regulatory framework Social Insurance Code (SIC) - Book I : Sickness – Maternity Insurance Book II : Accident Insurance Book III : Pension Insurance Book IV : Common provisions Book V : Dependency Insurance Non-codified laws and regulations - e.g. - Law of 19 June 1985 on family benefits Law of 12 February 1999 on parental leave Law of 30 June 1976 on unemployment benefits International instruments - EC Regulation n° 1408/71 on the coordination of the social security schemes – to be replaced by EC Regulation n° 883/2004 EC Regulation n° 574/72 : implementation measures Bi- and multilateral conventions 5 Administrative organisation and missions of the various institutions Development of the social security - by categories of social risks by socio-professional categories Branches Social risks Branches Sickness Maternity Sickness-maternity insurance Invalidity Old age Death Pension insurance Work accident Occupational illness Accident insurance Dependency Dependency insurance Family charges Family benefits Unemployment Unemployment 6 Administrative organisation and missions of the various institutions Organizational flowchart : see appendix Institutions of the sickness-maternity insurance Union des Caisses de Maladie (UCM) In charge of the management of the sickness-maternity insurance in conjunction with the sickness insurance funds (“caisses de maladie”), notably : • fixing the annual budget • fixing the contribution rates • negotiating with the providers of medical services Sickness insurance funds • 9 funds – per socio-professional category • in charge of paying the sickness and maternity benefits 7 Administrative organisation and missions of the various institutions Institutions of the pension insurance Pension funds – per socio-professional category Institutions of the accident insurance Association d’assurance contre les accidents (AAA) 2 sections : industrial section and agricultural & forested section Institutions of the dependency insurance Union des Caisses de Maladie (UCM) In charge of the budget and the individual decisions on the benefits Cellule d’évaluation & d’orientation Multidisciplinary composition In charge of stating the dependency status and suggesting the appropriate aids and care 8 Administrative organisation and missions of the various institutions Institutions for family benefits Caisse Nationale des Prestations Familiales (CNPF) In charge of managing and paying the family benefits Under the supervision of the Ministry of Family Institutions of the social assistance (minimum guaranteed income) Fonds National de Solidarité Institutions of the unemployment insurance Administration de l’Emploi (ADEM) Under the supervision of the Ministry of Employment In charge of placing job seekers and granting unemployment benefits 9 Administrative organisation and missions of the various institutions Centre Commun de la Sécurité Sociale (CCSS) In charge of: • Organisation of the collecting and processing of data on behalf of the various social security institutions • Affiliation of insured persons • Collection and recovery of social contributions • Delivery of the social insurance card Contrôle Médical de la Sécurité Sociale In charge of: • Stating work disability • Medical examination • Control of the prescriptions of the providers of medical services • Authorising the reimbursement of specific treatments. 10 Administrative organisation and missions of the various institutions Inspection Générale de la Sécurité Sociale (IGSS) In charge of the control on the whole social security system, e.g. : • Give opinion on parliamentary bills related to social security • Collect statistics • Liaise with international and European institutions in relation with the social security conventions and regulations • Control of the management of the sickness-maternity insurance 11 Administrative organisation and missions of the various institutions Jurisdiction Prior administrative claim to the relevant institution in most cases Conseil Arbitral des Assurances Sociales (CAAS) Competent for settling disputes relating to affiliation, subjection to social security, contributions, benefits and administrative penalties Composition : 1 President and 2 delegates of the relevant sickness insurance fund Conseil Supérieur des Assurances Sociales (CSAS) Appeal against the judgments of the CAAS Composition : 1 President, 2 assessors appointed among professional judges and 2 delegates of the relevant sickness insurance fund. Cour de Cassation 12 Administration principles Administrative and financial autonomy • Social security institutions have the legal personality • Own patrimony to cover its obligations – Own budget • Under the supervision of the competent ministry Management by social partners Management of the institutions by elected bodies, consisting of representatives of the employers and the insured persons (for the employees’ schemes) or of representatives of the insured persons only (for the self-employed schemes) 13 Financing – The social security contributions Sources • Contributions on the part of the insured persons and their employers (equal division) • State subsidies Rates • Independent from the individual situation • Vary according to the risk covered and the socio-professional category concerned 14 Financing – The social security contributions Rates (2005) - Employees Branches Total rate Insured person Employer Blue c. White c. Blue c. White c. Blue c. White c. 10.10% 5.60% 5.05% 2.80% 5.05% 2.80% State Sickness Pension 24% Accident 0.61 - 6% Family benefits 1.70% Dependency 1% Unemployment 8% 8% 8% 0.61 - 6% 1.70% 1% subsidies Financing through taxation 15 Financing – The social security contributions Basis of contributions • Professional income - For employees: the gross salary, including all benefits in kind but excluding occasional benefits and gratifications administrative practice - For self-employed: the net income in the meaning of the tax law • Replacement income 16 Financing – The social security contributions Basis of contributions • Minimum basis of contributions = minimum social salary (MSS) EUR 1,466.77 per month (index 636.26) - pro rata calculation for part-time workers • Maximum basis of contributions = 5* MSS EUR 7,333.85 per month (index 636.26) - pro rata calculation when insurance period does not cover the whole calendar year • Contributions of the dependency insurance - Professional income - no minimum nor maximum - For employees, deduction of a quarter of the MSS - Patrimonial income 17 Persons subject to the Luxembourg social security scheme Mandatory insurance • No common principle for all branches • General rule : - Any person exercising a professional activity - Employee, self-employed, civil servant • Other cases : - Sickness-maternity insurance : beneficiaries of a replacement income (e.g. unemployed, beneficiaries of the minimum guaranteed income, pensioner, …) / students - Accident insurance : e.g. students - Family benefits / Unemployment : anyone who fulfils the legal conditions • Principle of single affiliation – in the case of exercise of various activities, affiliation to the scheme of the main activity 18 Persons subject to the Luxembourg social security scheme Mandatory insurance • Specific issue : affiliation of the managers and directors of companies in the employee or the self-employed scheme? - Manager of Sàrl is affiliated as self-employed if: - he holds more than 25% of the shares and, - he holds the business licence for the company - Managing director of S.A. is affiliated as self-employed if : - he holds the business licence for the company - Director of S.A. is affiliated as self-employed - All other cases : affiliation in the employee scheme 19 Persons subject to the Luxembourg social security scheme Voluntary insurance Sickness-maternity insurance • Continued insurance - For Luxembourg resident losing his status of insured person - Request to be made to the CCSS within 6 months following the end of the mandatory insurance • Optional insurance - For Luxembourg residents who may not otherwise benefit of the sickness insurance - Request to be made to the CCSS - Entitlement to benefits only after a waiting period of 3 months 20 Persons subject to the Luxembourg social security scheme Voluntary insurance Pension insurance • Continued insurance - For Luxembourg resident losing his status of insured person - Condition : at least 12 months of mandatory insurance within the 3 years preceding the loss of the status - Request to be made to the CCSS within 6 months following the end of the mandatory insurance • Optional insurance - For Luxembourg residents who do not exercise any professional activity for family reasons - Condition : at least 12 months of mandatory insurance - Request to be made to the CCSS upon agreement of the Contrôle Médical de la Sécurité Sociale • Retroactive purchase of insurance periods - Same conditions than optional insurance but no agreement of the Contrôle Médical needed 21 Persons subject to the Luxembourg social security scheme Exemption • Persons exercising their professional activity occasionally for a determined period of maximum 3 months per calendar year • Persons affiliated to a foreign social security scheme and exercising their activity in Luxembourg for max. one year (possible extensions) – cf. European and bilateral conventions • Persons exercising a self-employed activity whose income does not exceed one third of the minimum social salary Outbound secondment • Persons normally occupied in Luxembourg and temporarily seconded abroad by their employer remain subject to the Luxembourg social security scheme – cf. European and bilateral conventions 22 Part II The various benefits under the Luxembourg social security scheme 23 The various benefits under the Luxembourg social security scheme Sickness benefits Maternity benefits Dependency benefits Work accident and occupational illness Invalidity pension Old-age pension Survival pension Family benefits Unemployment benefits 24 Sickness benefits Two categories of sickness benefits Benefits in kind : Health care Benefits in cash : Sickness allowance Health care Beneficiaries the insured person his dependents : spouse/partner, children (giving entitlement to family allowances), parent keeping the insured’s house 25 Sickness benefits Health care General principles • Free choice of the provider of medical services and supplies • Reimbursement of medical services and supplies on the basis of tariff lists fixed by laws, regulations and conventions concluded with each profession of the medical sector Medical services and supplies • Medical and dentist care • Stay at hospital • Laboratory analysis • Medicine • Prosthesis • Transport costs 26 Sickness benefits Health care Duration of the entitlement to health care benefits • Entitlement as of the first day of affiliation (waiting period of 3 months for the optional insurance) • Upon termination of affiliation, rights maintained for the current month and the 3 subsequent months, if the insured person was covered for a continuous period of 6 months immediately preceding the end of affiliation Modalities of payment of health care benefits • Two modalities - Payment by the insured person to the provider of medical services and reimbursement by the sickness insurance fund - “Third paying” system : costs directly borne by the sickness insurance and payment by the insured person only of the costs remaining at his charge 27 Sickness benefits Health care Modalities of payment of health care benefits • Reimbursement rates – e.g. - Doctor’s fees : in principle 80% - Dentist’s fees : in principle 95% - Medicine : 0%, 40%, 80% or 100% depending on the type of medicine • Insurance card – must be produced in order to get health care Sanctions in case of abuse 28 Sickness benefits Health care Health care provided abroad • Direct payment of costs by the Luxembourg sickness insurance - In case of emergency treatment - Upon prior authorisation (E112 form) – according to the tariff of the foreign country if EU Member State - Prior authorisation mandatory for hospital care • Reimbursement by the Luxembourg sickness insurance in other cases - Only for medical services and supplies obtained in the EEA and Switzerland - Upon prescription by a doctor - Upon submission of evidence of payment - Reimbursement on the basis of Luxembourg tariffs 29 Sickness benefits Sickness allowance Beneficiaries Insured person – compensation for the loss of income due to work disability Duration • As long as the work disability continues – subject to the control by the Contrôle Médical de la Sécurité Sociale • New law of 21 December 2004 : no entitlement to the sickness allowance after 10 weeks of work disability over a reference period of 20 weeks, unless upon submission of a detailed medical report by the usual doctor and advice of the Contrôle Médical • Maximum 52 weeks over a reference period of 104 weeks – no matter the cause of work disability (normal sickness, work accident, …) • New law : in case of termination of affiliation, the payment of sickness allowances is subject to the condition that the employee has been affiliated for a continuous period of min. 6 months immediately preceding the end of affiliation 30 Sickness benefits Sickness allowance Duration • Link with the invalidity insurance and the law on professional reinstatement - Periodic examination of the disabled employee to check the entitlement to sickness allowance - 4 hypotheses : - Employee is no longer disabled no entitlement to sickess allowance - Employee is still sick sickness allowance maintained (max. 52 weeks) - Employee is no longer able to exercise any job invalidity pension - Employee is disabled for his last job but not for the whole employment market procedure for internal or external reinstatement • For self-employed : no entitlement to sickness allowance during the first month of disability and the 3 subsequent months 31 Sickness benefits Sickness allowance Payment modalities • For blue-collar workers : advance payment by the employer for the first month of work disability and the 3 following months and reimbursement by the sickness insurance fund – as of the 4th month, direct payment by the sickness insurance fund • For white-collar workers : payment of the salary maintained by the employer for the first month of work disability and the 3 following months (art. 35 of the law of 24 May 1989 on the employment contract) – as of the 4th month, payment of the sickness allowance by the sickness insurance fund / New law : max. 13 weeks over a reference period of 12 months, no matter the cause of disability • Amount of the sickness allowance : amount of the salary which should have been paid – min. = MSS / max. = 5* MSS 32 Sickness benefits Sickness allowance Formalities • Declaration of the work disability to the sickness insurance fund at the latest on the 3rd day by medical certificate dated of the 1st or the 2nd day of disability – same in the event of extension of the sickness • Late declaration : sickness allowance due only as of the declaration • For white-collar workers until the 4th month : medical certificate to be given to the employer in accordance with art. 35 of the Law of 1989 • New law of 21 December 2004 : all insured persons (including whitecollar workers) have to send a copy of their medical certificate to the sickness insurance fund – employers have to declare monthly all work disabilities to the sickness insurance fund 33 Sickness benefits Sickness allowance Leave for family reasons • Hypothesis : insured person absent of work due to the illness of a child • Upon delivery of a medical certificate stating that the presence of the parent is required • Limited to 2 days per child and per year (unless very serious illness) • Entitlement to an indemnity equal to the sickness allowance 34 Sickness benefits - Exercise Mr Schmit is a high executive working in a Luxembourg bank. He earns a monthly gross salary of EUR 7,500. From February 5, 2005 to June 15, 2005, Mr Schmit is sick and has submitted the appropriate medical certificates stating his work disability. Which one of the following statement is correct ? 1 – During the whole disability period, Mr Schmit will receive his full salary 2 – Mr Schmit will receive his full salary during a part of the disability period and an amount of EUR 7,333.85 during another period 3 – During the whole disability period, Mr Schmit will receive an amount of EUR 7,333.85 35 Maternity benefits Two categories of maternity benefits Benefits in kind Medical assistance, stay at maternity hospital, medicine, supplies for newborn Benefits in cash Maternity allowance - Condition : being subject to the mandatory insurance for min. 6 months in the course of the year preceding the maternity leave - Duration of payment : - 8 weeks preceding childbirth - 8 weeks following childbirth / 12 weeks in case of multiple birth, premature birth or breastfeeding - In case of adoption : 8 weeks 36 Dependency benefits Purpose Compensation for the costs of care and help needed by a dependent person at home or in a care centre Dependency = state of an individual who, further to physical or mental illness or deficiency, has an important and regular need for the assistance of a person for the essential day-to-day acts Conditions Need for assistance must cover one or several aspects of the essential dayto-day acts = hygiene, nutrition and mobility State of dependency must be linked to a medical cause State of dependency must be foreseen for a minimum duration of 6 months Need for assistance must represent a minimum of 3.5 hours per week 37 Dependency benefits Beneficiaries Persons subject to the mandatory insurance scheme or the continued insurance : as of the first day of affiliation Persons having subscribed to the optional insurance : one year waiting period Benefits Benefits in case of stay at home (privileged) or in a centre for care and help Benefits in kind / in cash Assessment of the state of dependency In order to determine the nature and the volume of benefits to which the dependent person is entitled 38 Work accident and occupational illness Risks covered Work accident = accident which occurred by reason or on the occasion of work link between the employment and the activity having caused the injury – employee under link of subordination at the time of the accident Accident while travelling to work = Accident which occurred on the normal and direct way to go from home to the place of work and back • Limited to accident on public roads Occupational illness = Illness to which certain categories of individuals may be exposed by reason of their employment and which are recorded on a list established by the government 39 Work accident and occupational illness Benefits Benefits in kind • No contribution to be paid by the insured person • Payment by the UCM, which is reimbursed by the AAA Benefits in the case of temporary disability • Duration of indemnification - Recent change in the legislation to harmonise the benefits due in case of work accident with the general sickness insurance scheme - Before 1 May 2005 : temporary disability allowance equal to the sickness allowance is paid during max. 13 weeks – afterwards, payment of a temporary annuity depending on the level of disability - As of 1 May 2005 : temporary disability allowance equal to the sickness allowance is paid during max. 52 weeks over a reference period of 104 weeks – afterwards, annuity depending on the level of disability 40 Work accident and occupational illness Benefits Benefits in the case of temporary disability • Payment modalities - For blue-collar workers : advance payment by the employer and reimbursement by the AAA - For white-collar workers : payment of the salary is maintained by the employer for the 1st month of disability and the 3 following months (art. 35 of the law of 24 May 1989) – payment by the AAA afterwards 41 Work accident and occupational illness Benefits Benefits in the case of permanent disability • Depending on the level of disability • Total disability annuity equal to 85.6% of the former income • Partial disability annuity corresponds to a pro rata of the total disability allowance • For disabilities of 50% or more, increase of 10% per dependent child (max. 100%) • Repurchase of the lifetime annuity (i.e. conversion into capital) for disabilities of less than 10% Survivor’s benefits • Funeral indemnity • Annuity for spouse (in principle 42.8%) and for children (21.4%) Formalities 42 Invalidity pension Beneficiaries Insured person who, for health reasons, is no longer able to exercise his last job or any other job on the market Insurance condition : having been subject to the mandatory or continued insurance for 12 months in the course of the 3 years preceding the start of invalidity – not applicable for invalidity due to an accident Beneficiary must renounce to the exercise of any self-employed activity subject to insurance Up to 50 years old, the beneficiary must follow the rehabilitation or redeployment measures prescribed by the pension insurance fund 43 Invalidity pension Benefits Temporary invalidity pension • Paid as of the expiration of the right to the sickness allowance Permanent invalidity pension • Paid as of the day on which the permanent disability is stated, if the insurance condition is met Conversion into an old-age pension • The invalidity pension is renewed as old age pension when the beneficiary reaches the age of 65 44 Invalidity pension Benefits Amount of the invalidity pension • Various elements - Proportional increases (“majorations proportionnelles”) - Special proportional increases - Lump-sum increases (“majorations forfaitaires”) - Special lump-sum increases - Year-end allowance • Minimum pension = 90% of the reference amount (EUR 1,467 – index 636.26) for an insurance career of 40 years EUR 1.320,30 (index 636.26) – missing years between the start of the right to pension and the age of 65 are taken into account. • Maximum pension = 5/6th of 5 times de reference amount EUR 6,112.50 (index 636.26) 45 Invalidity pension Benefits Amount of the invalidity pension • Concurrent benefit of an invalidity pension and an accident annuity If exceed the average of the 5 highest income of the insurance career or, if it is more favourable, the income taken into account to determine the accident allowance, invalidity pension is reduced Formalities • Request to be made to the sickness insurance fund or to the pension insurance fund 46 Invalidity pension Case study Mr Schmit is victim of a work accident in October 2004 and is temporarily work disabled. In May 2005, he is considered to be permanently invalid but decides to start a small business as self-employed, bringing in an income estimated at EUR 1,000 per month. Which one of the following statements is correct? 1 – A temporary disability allowance is paid by the AAA from October 2004 to May 2005. As of May 2005, Mr Schmit will be entitled to a full disability annuity paid by the AAA. 2 – A temporary disability allowance is paid by the AAA during 13 weeks. Then, Mr Schmit is entitled to a full disability annuity paid by the AAA until May 2005. As of May 2005, he will receive his annuity of the AAA and an invalidity pension but the pension will be reduced. 3 – A temporary disability allowance is paid by the AAA from October 2004 to May 2005. As of May 2005, Mr Schmit will only be entitled to an invalidity pension. 47 Old-age pension Age and insurance conditions Normal old-age pension • 65 years old, and • 120 months of mandatory or voluntary insurance Anticipated old-age pension • At least 60 years old and 480 months of mandatory or voluntary insurance, of which at least 120 months under the mandatory insurance scheme • At least 57 years old and 480 months of mandatory insurance 48 Old-age pension Age and insurance conditions Insurance periods taken into account • Effective insurance periods = Periods taken into account to acquire the right to old-age pension (insurance conditions) and to calculate the pension, e.g. • Periods of exercise of a professional activity • Periods for which a replacement income subject to contributions is paid • Baby years (24 or 48 months) • Assimilated insurance periods = Periods taken into account to complete the insurance conditions required for an anticipated pension as of the age of 60 and to calculate the pension, e.g. • Periods during which an invalidity pension has been paid • Periods of studies between 18 and 27 years old • Waiting period during which the young unemployed is not entitled to unemployment indemnities 49 Old-age pension Amount of the old-age pension Depends on the duration of insurance and the professional income subject to contributions earned during the insurance career Various elements - Proportional increases (“majorations proportionnelles”) = 1.85% of all income subject to contributions, reduced at the index 100 of the cost of living and multiplied by an adjustment factor (= 1.327 in 2005) - Staggered proportional increases : for persons aged 55 and having at least 38 years of insurance rate of 1.85% is increased with 0.01% per additional age year and 0.01% per additional insurance year - Lump-sum increases (“majorations forfaitaires”) = 23.5% of a reference amount (EUR 1,467 – index 636.26) for an insurance career of 40 years = EUR 344.75 (index 636.26) EUR 8.62 per insurance year commenced - Year-end allowance = EUR 564 (index 636.26) yearly for an insurance career of 40 years, reduced of 1/40th per missing year 50 Old-age pension Amount of the old-age pension Minimum and maximum pension • Minimum = 90% of the reference amount (EUR 1,467 – index 636.26) for an insurance career of 40 years EUR 1.320,30 (index 636.26) • Maximum pension = 5/6th of 5 times de reference amount EUR 6,112.50 (index 636.26) Increase of the old-age pension on the basis of the adjustment factor and the cost of living 51 Old-age pension Concurrent benefit of old-age pension and other income Old-age pension and income resulting from a professional activity • No restriction for the beneficiary of a normal old-age pension (as of age 65) • Beneficiary of an anticipated old-age pension may not exercise an activity bringing in an income exceeding one third of the minimum social salary – otherwise, old-age pension is reduced or suppressed Old-age pension and accident allowance • Concerns normal and anticipated old-age pension • Old-age pension is reduced if, together with the accident allowance, it exceeds the average of the 5 highest income of the insurance career or, if it is more favourable, the income taken into account to determine the accident allowance 52 Old-age pension Reimbursement of contributions If at the age of 65, the insured person does not meet the insurance conditions to benefit of an old-age pension, contributions paid (except for state contributions) are reimbursed upon request Education lump sum (“forfait éducation”) Beneficiary : parent who devoted himself/herself to the education of a child Education lump-sum paid as of the age of 60 or the grant of a personal pension Amount : EUR 84.43 (index 636.26) per month and per child Request to be made to the Fonds National de Solidarité Formalities : request to the pension insurance fund 53 Survival pension Beneficiaries Survival pension for the spouse or partner • Spouse or partner of the beneficiary of an invalidity or old-age pension, or of an insured person having been affiliated to the mandatory or continued insurance for 12 months in the course of the 3 years preceding the decease – no insurance condition if decease is due to an accident in the course of affiliation • Divorced spouse provided he/she did not remarry before the decease – Survival pension is based on the insurance periods accomplished during the marriage • In the absence of surviving spouse or partner, entitlement to survival pension for relatives on certain conditions Survival pension for the children • Same insurance conditions than for other survival pensions • Until the age of 18 or 27 in case of studies 54 Survival pension Amount of the survival pension Survival pension for the spouse or partner • 3/4 of the proportional and special proportional increases to which the insured was or would have been entitled • The full lump-sum and special lump-sum increases • The full year-end allowance • Minimum and maximum pension • Geared to the cost of living index • Additional payment for the first 3 months Survival pension for the children • 1/4 of the proportional and special proportional increases to which the insured was or would have been entitled • 1/3 of the lump-sum and special lump-sum increases • 1/3 of the year-end allowance • For orphans of the two parents, the highest pension is doubled 55 Survival pension Concurrent benefit of the survival pension and other income Survival pension for the spouse or partner • Survival pension and survival accident allowance Survival pension is reduced if, together with the survival accident allowance, it exceeds 3/4 of the average of the 5 highest income of the insurance career • Survival pension and professional or replacement income Survival pension is reduced if, together with personal income, it exceeds the reference amount (EUR 1,467 – index 636.26) increased with 50% (EUR 2,200.50 – index 636.26) Survival pension for the children • Survival pension and survival accident allowance Survival pension is reduced if, together with the survival accident allowance, it exceeds 2/3 of the average of the 5 highest income of the insurance career Total survival pensions in relation with the deceased may not exceed the old-age pension due to the deceased or, if more favourable the average of the 5 highest income – proportional reduction 56 Family benefits Various categories of family benefits Family allowances (“allocations familiales”) Back-to-school allowance (“allocation de rentrée scolaire”) Birth allowance (“allocation de naissance”) Maternity allowance (“allocation de maternité”) Education allowance (“allocation d’éducation”) Parental leave allowance (“allocation de congé parental”) Conditions of entitlement vary for each category of benefits 57 Family benefits Family allowances Personal right of the child Conditions • Continuous residence in Luxembourg or falling within the scope of application of the EC Regulations or bilateral conventions • No loss of the allowance in case of temporary residence abroad if the parent studies abroad Duration • As of the month of birth • Until the age of 18 or 27 in case of studies in Luxembourg or abroad • Allowance no longer paid as of the marriage or partnership (except in case of studies) and in case of exercise of a professional activity 58 Family benefits Family allowances Amount • Increases with the number of children in the family • Increases with the age (as of 6 and 12 years old) • Additional allowance for handicapped child Payment • In case child is raised in the common household of the parents, choice of the parents • In other cases, payment to the parent who has custody • In case the child reaches the age of majority, payment to him/her upon request 59 Family benefits Back-to-school allowance Purpose • Compensation of the specific costs linked to the beginning of school Beneficiaries • For children who are entitled to family allowances • As of the age of 6 or upon submission of a registration certificate Amount • Increases with the number of children in the family • Increases with the age (as of 6 and 12 years old) 60 Family benefits Birth allowance Purpose • Ensure the continuous medical surveillance of the pregnant mother and the young child Conditions • General condition : be domiciled and raise the child in Luxembourg • Special conditions • Pre-birth allowance : 5 medical examination and one dental examination • Birth allowance : one post-birth examination for the mother • Post-birth allowance : 2 examinations of the child further to birth and 4 others until the age of 2 Amount and terms of payment 61 Family benefits Maternity allowance Purpose • Initially, benefits in cash similar to the maternity benefits for selfemployed women and housewives • Since 1994, self-employed women receive maternity benefits only for housewives Conditions • Domicile in Luxembourg Terms of payment • Payment during maximum 16 weeks as of the 8th week preceding the presumed date of birth • Payment in two parts Amount 62 Family benefits Education allowance Purpose • Allow one of the parents to stop his/her professional activity to raise his/her children • Participation of the costs of the day care centre for parents working with low income Conditions • Parent must reside in Luxembourg or fall within the scope of application of the EC Regulations or bilateral conventions • Parent must mainly devote himself/herself to the education of children and not exercise any professional activity OR earn together with spouse or partner income lower than 3, 4 or 5 times the MSS (if raises respectively 1, 2 or 3 or more children) 63 Family benefits Education allowance Terms of payment • Due as of the first day following the end of the maternity leave or the expiration of the 8th week following birth • Lasts until the child reaches the age of 2 / 4 in case of multiple birth or raising of 3 or more children Amount • Fixed amount no matter the number of children • In principle, no payment in case one of the parents benefits for the same children of the parental leave allowance 64 Family benefits Parental leave allowance Adopted in 1999 further to an EU Directive following an agreement between social partners at European level Purpose • Allow a better conciliation between work life and family life • Measure to fight against unemployment Conditions • Raising one or more children aged less than 5 • Devoting oneself mainly to the education of the children or, in case of part-time leave, working no more than half of the normal working time • Residing in Luxembourg or falling within the scope of application of the EC Regulation • Being legally occupied in Luxembourg at the time of birth as selfemployed or for at least one year as an employee of the same company • Being subject to the mandatory pension insurance for the 12 months immediately preceding the parental leave 65 Family benefits Parental leave allowance Duration • 6 months full-time • 12 months part-time, with the employer’s agreement • One leave per parent and per child, provided one of the parents took his/her leave immediately at the end of the maternity leave Procedure • Upon request notified to the employer before the maternity leave or at least 4 months before the beginning of the parental leave Amount and terms of payment • Monthly payment • Exempt of tax and social security contributions except contributions for health care costs and dependency contributions 66 Family benefits Parental leave allowance Duration • 6 months full-time • 12 months part-time, with the employer’s agreement • One leave per parent and per child, provided one of the parents took his/her leave immediately at the end of the maternity leave Procedure • Upon request notified to the employer before the maternity leave or at least 4 months before the beginning of the parental leave Amount and terms of payment • Monthly payment • Exempt of tax and social security contributions except contributions for health care costs and dependency contributions 67 Unemployment benefits General scheme Beneficiaries • Full-time employee • Part-time employee having worked at least 16 hours per week • In case of exercise of various activities, job lost must have been exercised for at least 16 hours per week and the remaining professional income must be lower than 150% of the MSS Conditions • Being involuntarily unemployed no benefits in case job is abandoned for non justified reasons (e.g. resignation, termination by mutual agreement) or in case of dismissal for gross misconduct • Being resident in Luxembourg (specific provisions provided by the EC Regulation) • Being available for the job market and ready to accept any appropriate job • Having worked at least 26 weeks in the course of the 12 months preceding the registration as job seeker 68 Unemployment benefits General scheme Duration of indemnification • Max. 365 calendar days over a reference period of 24 months • For unemployed aged 50 or more, extension as follows - 12 months, in case of mandatory affiliation during 30 years - 9 months, in case of mandatory affiliation during 25 years - 6 months, in case of mandatory affiliation during 20 years • Extension of max. 6 months upon request to the director of the ADEM for unemployed particularly difficult to place • Extension of max. 6 months for the unemployed subject to training or works of public utility • After the end of entitlement to unemployment benefits, right in principle to the minimum guaranteed income 69 Unemployment benefits General scheme Amount of the unemployment benefits • 80% of the 3 last income – 85% if the unemployed has dependent children • Ceiling - Max. 250% of the MSS for the first 182 days - Max. 200% of the MSS for the next 182 days - Max. 150% of the MSS in case of extension of the benefits • if income of spouse 250% of MSS indemnity is reduced of the following amount: 50% of spouse income less 250% of MSS • Unemployment benefits are geared to the cost of living index and subject to tax and social charges due on income 70 Unemployment benefits General scheme Formalities • Registration as job seeker at the ADEM and submit a request for indemnification • Attendance to the regular meetings fixed by the employment office Unemployed independent workers Conditions for the entitlement to unemployment benefits • Termination of activity further to financial or economic problems • At least 5 years affiliation to the mandatory pension scheme – possibility to take into account the periods of affiliation as an employee if exercise of a self-employed activity for at least 6 months • Residence in Luxembourg at the time of the request • Registration as job seeker within 3 months Amount • 80% of the last income subject to contributions / min. 80% MSS / same ceilings as in the general scheme 71 Unemployment benefits Young unemployed Beneficiaries • Residence in Luxembourg • Age : max. 28 years old for the unemployed having followed higher education for at least 4 years • Registration as job seeker within 12 months following the end of their studies Waiting period • No entitlement for the first 39 weeks following the registration / 26 weeks in case of studies for more than 9 years • Registration as job seeker within 3 months Amount • 70% of the MSS as non-qualified worker 72 Unemployment benefits Partial unemployment due to bad weather or accident Conditions • Activity is interrupted due to bad weather conditions or activity is interrupted due to a case of “force majeure” and the employer agrees not to terminate the employment contracts • Workers must be occupied on the Luxembourg territory and be subject to the Luxembourg social security scheme Amount • 80% of the average income of the 3 last preceding months – max. 250% of the MSS • First 16 hours per calendar month are not paid – charge equally supported by employer and employee • Max. 350 hours compensated per calendar year – upon government decision, up to 500 hours Unemployment due to conjuncture – for sectors determined by the government 73 Unemployment benefits Case study On 1 January 2005, Mr Schmit started his first job in Luxembourg in a bank. After 12 weeks, during the probation period, the bank terminated the employment contract. 10 weeks later, Mr Schmit is hired by another bank but after 8 weeks, Mr Schmit wishes to end the probation period because he does not get along with his boss. Will Mr Schmit be entitled to unemployment benefits? If not, for which reason(s)? 74 Part III Employer’s obligations 75 Employer’s obligations Registration of the company The company hiring employees for the first time must send a “déclaration d’exploitation” within 8 days Affiliation of staff The employer must send the “declaration of entry” of each new employee within 8 days to the CCSS (affiliation section) Any change having an influence on the insurance conditions must be declared The employer must send the “exit declaration” within 8 days following the termination of the employment contract Obligations subject to administrative penalties 76 Employer’s obligations Declaration and payment of contributions At the beginning of each month, the CCSS sends the list of all employees and salaries of the preceding month The employer must report on this list all gross remunerations and benefits subject to contributions and any change in the personnel and in the remunerations Declaration to be returned within 10 days Monthly payment of contributions Administrative sanctions : max. EUR 2,500 / delay interests of 1% per month 77 Employer’s obligations Declaration of work disabilities New law of 21 December 2004 – entry into force on 1 May 2005 Declaration of all work disabilities, even not justified, and other periods of payment of the sickness or maternity allowances (leave for family reasons, maternity leave, etc.) Declaration on a monthly basis, with the declaration of remunerations 78 Part IV Social security in a multinational environment 79 Coordination at a European level Aim and general principles Determination of the applicable legislation Specific rules applicable to the various categories of benefits Bilateral conventions 80 Aim and general principles Introduction Aim: promote the free movement of workers (article 39 of the Treaty of Rome) and ensure that the worker is able to identify the social security legislation applicable to his situation Means: coordinate the different social security legislations of the Member States (no harmonisation: each country maintains its own scheme) Legal basis EU Regulation: n° 1408/71 Implementation Regulation: n° 574/72 New EU Regulation: n° 883/2004: modernize and simplify – entry into force: at the earliest mid 2006 ECJ case law 81 Aim and general principles Scope of application Territorial scope : EU, EEA and Switzerland Personnel scope • Salaried and self-employed workers • Citizens of one of the Member States • Was or is subject to the social security legislation of one or more Member States (including pensioners) • Includes the members of their family and their survivors • Extension to citizens of third countries residing in a Member State and having moved in at least two Member States 82 Aim and general principles Scope of application Material scope • Allowances relating to illness, maternity, work accidents, professional illness, invalidity, old-age, death, unemployment, family allowances • ECJ case law : dependency benefits • The regulation 883/2004 also adds preretirement 83 Aim and general principles General principles Equality of treatment Application of the legislation of a Member State in the same conditions as the citizens of the Member State concerned Waiving of residence and nationality clauses Aggregation of periods for • the opening and conservation of the rights • the computation of the rights Prevention of overlapping of benefits In principle, only one competent Member State 84 Determination of the applicable legislation General rule Basic principle : application of the social security legislation of one Member State (the Competent State) Application of the legislation of the Member State on the territory on which the activity (salaried or non-salaried) is exercised • Independent from the State of residence • Independent from the seat of the employer 85 Determination of the applicable legislation Exception - Secondment Concept of secondment • Exercise of the professional activity on the territory of another Member State than that where the activity is usually carried out • Maintain a link of subordination with the original employer • Limited duration (12 months + prolongation of 12 months) • Possible prolongation up to 5 years Applicable scheme • Employee remains under the social security scheme of the Member State where the activity is usually carried out Formalities • E101/E102 forms Secondment of self-employed workers 86 Determination of the applicable legislation Exercise of activities in several Member States Employees • Exercise of an activity partly on the territory of the State of residence Legislation of the State of residence • Exercise of activities for several employers having their seat or are domiciled in several Member States Legislation of the State of residence • Exercise of an activity in various Member States, excluding the State of residence Legislation of the State where the employer has its registered office 87 Determination of the applicable legislation Exercise of activities in several Member States Self-employed workers • If the activity is partly exercised on the territory of the State of residence Legislation of the State of residence • In other cases Legislation of the State in which the main activity is exercised Special rule in the transport sector In principle, legislation of the country in which the employer has its seat 88 Determination of the applicable legislation Simultaneous exercise of salaried and self-employed activities on the territory of several Member States Principle • Legislation of the country where the salaried activity is carried out • If the salaried activities are carried out in several Member States, determination of one legislation Exception • Simultaneous application of the legislation of two Member States Appendix VII to the EC Regulation 89 Case studies Mr Bond is an English citizen who lives in Luxembourg with his family. He is employed by a company, which has its seat in France but he exercises his salaried activity exclusively in Belgium. Which national social security legislation will be applicable to Mr Bond and his family ? 1 - Luxembourg legislation because he resides in Luxembourg 2 - French legislation because the company he works for has its seat in France 3 - Belgian legislation because he exercises his activity in this country 4 - UK legislation because he is a national of that country 90 Case studies A few years later, Mr Bond’s employer requests him to exercise a part of his activity in Germany, in addition to his Belgian activity. Which national social security legislation will be applicable to Mr Bond considering his new employment situation ? 1 - Luxembourg legislation because he resides in Luxembourg 2 - French legislation because the company he works for has its seat in France 3 - Belgian and German legislations because he carried out his activities on the territory of these two countries 4 - Belgian legislation because he exercises the main part of his activity in Belgium 91 Case studies A few years later, Mr Bond is seconded by his employer to the United Kingdom for 11 months. His family remains resident in Luxembourg. Which social security legislation will be applicable during Mr Bond’s secondment? 1 - French legislation because it is the legislation to which he is subject at the time of his secondment 2 - UK legislation because he is seconded to his native country 3 - Luxembourg legislation because his family continues to reside in Luxembourg 92 Case studies After the first 11-month period, Mr Bond’s employer decides that the secondment should be extended for an additional 8 month-period. During this extension, Mr Bond will be carrying out activities for the UK subsidiary of his employer and will be paid by this subsidiary. Which social security legislation will be applicable during this extension period? 1 - French legislation because it is the legislation to which he is subject at the time of his secondment 2 - UK legislation because he will be working for a UK company 3 - UK legislation because the 12-month period of secondment is over 93 Specific rules for the various categories of benefits Illness and maternity Old-age pension Invalidity pension Work accident and occupational sickness Unemployment Family allowances 94 Illness and maternity Benefits in kind Residence in a Member State other than the Competent State • Health care is provided in the State of Residence at the charge of the Competent State Temporary stay in another country than the Competent State • Benefits in kind by the institution of the place of stay at the charge of the Competent State • Conditions - Stay - Necessity of the treatment - Formality: submission of the EU sickness insurance card 95 Illness and maternity Benefits in kind Moving to another Member State in order to receive health care • With prior autorisation (E112) – direct payment by the Competent State • Without prior autorisation – advance payment by the individual Border workers • Choice to receive health care in the Competent State or by the institutions of the State of Residence at the charge of the Competent State • Declaration of affiliation in Luxembourg and registration in the place of residence (E106 / BL1) Benefits in cash Paid by the Competent State 96 Case studies Mr et Mrs Potter live in Belgium. Mr Potter is a French national employed in a Luxembourg company and is presently seconded to the UK for 12 months. Their child Harry is 16 years old and lives with his parents in Belgium. Harry breaks his leg while skiing in Norway. 97 Case studies Which country will take charge of the hospitalisation of Harry in Norway? 1 - Norway will bear the costs of hospitalisation according to its own tariffs 2 - Luxembourg will bear the costs according to the tariffs applicable in Norway 3 - Luxembourg will finally bear the costs according to its own tariffs 4 - Belgium will bear the costs because the family resides in Belgium 98 Old-age pension Principles Right to a pension in every Member State where the worker was insured for at least 1 year, prorated according to the periods of insurance in each Member State Aggregation of periods of insurance or residence in another Member State Paid by each country Request made in country of residence Example A person having worked 10 years in Belgium, 20 years in Luxembourg and 5 years in France will receive: - 10/35 of Belgian pension - 20/35 of Luxembourg pension - 5/35 of French pension 99 Invalidity pension Principles Two categories of States: States that compute invalidity depending on the years of affiliation (B type) or not (A type) Aggregation of insurance periods or residence in another Member State Benefits • If individual only worked in countries of A type : invalidity only paid by the Competent State at the time of invalidity • If individual worked in countries of B type: each country pays an invalidity pension in proportion to the years of insurance Level of invalidity varies from one country to the other 100 Work accident and occupational sickness Health care is provided by the country of residence at the charge of the Competent State Border workers may choose to receive health care in the Competent State Benefits in cash are provided by the Competent State (similar as illness) 101 Unemployment Principles Aggregation of periods of insurance or employment in another Member State (E301 form) Unemployed residing in a country other than the Competent State • In case of residence in a country other than the Competent State, unemployment benefits are provided by and at the charge of the country of residence • Possibility to remain available for the job market of the Competent State benefits provided by the Competent State • Border workers : country of residence Possibility to export the right to the allowance for 3 months (searching for work in another Member State) 102 Practical exercises If Mr Potter looses his job while seconded in the UK, in which country will he benefit from an unemployment allowance ? 1 - Luxembourg, because he works for a Luxembourg company 2 - Belgium, because he resides in Belgium 3 - UK, because his last work was carried out there 103 Family benefits Aggregation of the periods of insurance, work or residence in other Member State Two types of systems: • A type: right linked to work in the country • B type: right linked to residence in the country Principle: Payment by the Competent State even if the family members reside in another country No possibility to cumulate the rights for the same child and the same period • Priority to the family allowances in the country of residence if the latter is a country of A type or if it is a country of B type and work is carried out in this country • Priority to the family allowances in the Competent State if residence in a country of B type and no work is carried out in the country or residence • As the case may be, payment of a supplement by the other country 104 Bilateral conventions Specific agreements with EU/EEA Member States, e.g. LuxembourgBelgium convention on border workers Bilateral conventions with Brazil, Croatia, Chile, Cape Verde, US, Tunisia, Canada, Quebec, former Yugoslavian Republics Principles of equality of treatment and aggregation of insurance periods Variable material scope Generally speaking, similar coordination rules than the EU Reglation 105 The End 106