Recognition of the disability pension to a migrant worker who resides in a State other than the one in which the provider is based.
Normative references
Regulation n. 109/65 / EEC of the Council, of 30 June 1965, amending and completing regulations nos. 3 and 4 for the social security of migrant workers (Payment of family allowances - Simplification of the notification procedure of changes to the annexes - Modification of various annexes)
Ruling
The provisions of art. 30 of regulation no. 4, concerning the social security of migrant workers, do not apply in the case of the transfer of invalidity pensions. The law (in particular, Annex A of Regulation No. 3 on social security for migrant workers, requires French social security institutions to respect the rights acquired in Algeria by a migrant worker. This obligation remains even if the worker has transferred residence in a Member State other than France and whether the pension transfer application was received by the social security institutions after the entry into force of Regulation 109/65. A migrant worker who, before 19 January 1965, had the residence in French territory is entitled to apply to the French institution in which he was registered.
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