Fundamental Rights Section
is equivalent to doing so in an EEA member state under certain conditions, one of which
is the time of bringing up the child after the entry into force of the EEA Treaty.
Since, in its 26th Report to the National Council and the Federal Council, the AOB
drew attention to the fact that the European Court of Justice had ruled in a case concerning Austria (verdict dated February 7, 2002, C-28/00) that, when establishing insured
times for old-age insurance, it is a breach of Community law if times of bringing up a child
in an EEA member are not taken into account because they were acquired before the
EEA Treaty came into force.
In response to this ruling, the Federal Ministry of Social Security, Generations and Consumer Protection prepared a comprehensive work-paper to establish a method of enforcement, which conforms to Community law.
2.8.1.2
Retroactive contributions paid for accreditation of school times spent in
another EU member state (VA BD/341-SV/03)
From April 1960 to May 1968, the Austrian citizen K. attended the City Mercator High
School (public secondary school) in Duisburg, from which he successfully matriculated.
Living in Austria again as of 1968, he attended Graz University from October 1968 to February 1976. Since then, he has been subject to compulsory insurance in Austria exclusively and has been gainfully employed. When the Pension Insurance Commission told
him on the telephone that retroactive contributions could not be paid for accreditation of
times spent in German schools, he applied to the AOB for assistance.
In view of the European Court of Justice verdict dated February 7, 2002, C-28/00, the
question arises as to whether such retroactive contributions for school times as of November 1965 to a maximum of 24 months are to be considered permissible on grounds of
Community law.
After a thorough investigation based on the principles and valuations worked out by the
European Court of Justice in the ruling quoted, the AOB came to the conclusion that, if
the scope of applicability of Art. 227 Par. 1 Fig.1 in combination with Par. 3 and 4 of the
General Social Insurance Act is interpreted in alignment with Community law, such retroactive contributions can not only be paid for times spent at the Austrian schools specified
in more detail in the aforementioned statute, but also for times spent at comparable
schools in another EU member state, as long as a “sufficient correlation can be made” to
the (other) Austrian periods of insurance. Such a correlation indubitably exists in the pre-
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