European Employment Law Cases

ECJ Court Watch

ECJ 12 October 2023, case C-45/22 (Service fédéral des Pensions), Social insurance

HK – v – Service fédéral des Pensions, Belgian case

Keywords Social insurance
  • Abstract

      When national rules against overlapping with regard to independent benefits are applicable, it is allowed for a Member State to provide, in its legal system, for the purpose of calculating the amount of benefit to be paid, either that the total amount of income taken into account by those national rules must be divided by the number of benefits concerned or that it is appropriate to divide by that same number the proportion of income which exceeds the ceiling in respect of overlapping laid down by those national rules.

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