SOCIAL SECURITY : RETIRED PERSONS LIVING OUTSIDE THE EU HAVE CERTAIN RIGHTS.

• Position: European Union - Brief article

The advocate-general of the EU Court of Justice has submitted the opinion that "when a worker resides outside the Community at the time when he reaches the age of retirement, Article 48 of Regulation 1408/71 of 14 June 1971 (social security schemes for workers) should be applied in the same way as in a case where the worker concerned is resident in the territory of the Community" (opinion of 16 January, Chuck, Case C 331/06).

A British national, K.D. Chuck, decided to move to the United States after working a number of years in the Community (primarily in the Netherlands, but also nine months in Denmark). At the time he reached retirement age, he submitted a request for calculation of his pension to the Netherlands' pension authorities (SVB) for these two periods of employment. The SVB refused to take into account the period of Danish employment because Chuck did not reside in the EC when he submitted his pension application.

Advocate-General...