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Regulation (EEC) No 1408/71 Article 45

Regulation (EEC) No 1408/71 Article 45

Article 45

Consideration of insurance periods completed under the legislations to which a worker has been subject for the acquisition, retention or recovery of the right to benefits 1. An institution of a Member State whose legislation makes the acquisition, retention or recovery of the right to benefits conditional upon the completion of insurance period shall take into account, to the extent necessary, insurance periods completed under the legislation of any Member State as though they had been completed under the legislation which it administers. 2. Where the legislation of am Member State makes the granting of certain benefits conditional upon the insurance periods having been completed in an occupation subject to a special scheme or, where appropriate, in a specific employment, periods completed under the legislations of other Member States shall bei taken into account for the granting of such benefits only if completed under such a scheme or, failing this, in the same occupation or, where appropriate, in the same employment. If, taking into account periods thus completed, the person concerned does not satisfy the conditions for receipt of these benefits, those periods shall be taken into account for the granting of benefits under the general scheme or, failing this, under the scheme applicable to manual or clerical workers, as appropriate. 3. Where the legislation of am Member State which makes the granting of benefits conditional upon a worker being subject to its legislation at the time when the risk materialises has no requirements as to the length of insurance periods either for entitlement to or calculation of benefits, any worker who ist no longer subject to that legislation shall for the purposes of this Chapter, be deemed to be stil so subject at the time when the risk materialises, if at that time he is subject to the legislation of another Member State or, failing this, can establish a claim to benefits under the legislation of another Member State. However, this latter condition shall bedeemed to be satisfied in the case referred to in Article 48 (1).

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 45 of Regulation (EEC) No 1408/71 (LawPlayer, data as of 2026-07-04)

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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