The transfer of pension rights from the pension system of the Slovak Republic (hereinafter referred to as "DS SR") to the pension system of the European Union (hereinafter referred to as "DS EU") is regulated by Council Regulation (EEC, Euratom, ESUO) no. 259/1968 of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968) as amended (hereinafter only "Staff Regulation") and § 82a of Act no. 461/2003 Coll. on Social Insurance as amended by Act no. 572/2009 Coll. The detailed conditions for determining the actuarial equivalent of the right to old-age pension acquired in the DS SR for its transfer to the DS EU are regulated by Regulation of the Government of the Slovak Republic No. 200/2012 Coll., which lays down the method of determining the actuarial equivalent of the right to an old-age pension in relation to the pension system of the European Union or its institutions.
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Transfer of pension rights from the system Slovak Republic to the EU system
Legislation
Basic conditions for the transfer of pension rights from the DS SR to the EU DS
The transfer of pension rights acquired in the DS SR to the EU DS or its institution can be requested by the insured who
- has become an official or other employee of an institution or body of the European Union (hereinafter referred to as "official"),
- was gainfully employed in the Slovak Republic (completed a period of pension insurance in the Slovak Republic),
- terminated the performance of gainful activity in the Slovak Republic,
- as of the decisive day they have not been awarded an old-age pension, an early old-age pension, an invalidity pension, or the payment of an early old-age pension has not been stopped.
The right to transfer pension rights acquired in the DS SR to the EU DS also has an official who was awarded an invalidity pension, the right to which expired no later than by the decisive day.
The decisive day is the date of delivery of the application for the transfer of pension rights acquired in the pension system of the Slovak Republic to an institution or body of the European Union or the day on which, according to a special regulation, the right to transfer pension rights commenced in the pension system of the Slovak Republic, if the application was submitted before this day. No earlier than May 1, 2004. i.e. from the date when the Staff Regulation began to be applied in the Slovak Republic.
Pension rights
Pension rights acquired in the pension system of the Slovak Republic are a financial sum determined as an actuarial equivalent, the amount of which depends on the acquired period of pension insurance in the Slovak Republic and the assessment basis. With the transfer of pension rights, the right to the evaluation of the period of pension insurance and the assessment basis in the DS SR, which were used to determine this financial amount, ceases.
DS SR forms Act no. 461/2003 Coll. on Social Insurance as amended, this means that it is not possible to apply for the transfer of pension rights from pension systems that are regulated by a special regulation.
Submission and processing of an application for the transfer of pension rights
The transfer of pension rights acquired in the SR SR to the EU DS shall be carried out on the basis of an official's request and approval. The request for the transfer of pension rights from the DS SR to the DS EU is sent by an official of the relevant institution or body of the European Union. After checking the admissibility of the application, the institution or body of the European Union sends this application to the Social Insurance Agency.
The Social Insurance Agency will then send the official a notice that will contain information about the period of pension insurance acquired in the DS SR, the estimated amount of old-age pension to which the official would be entitled, and the financial amount determined as the actuarial equivalent (transferable amount). The notification will set a deadline in which the official should notify the Social Insurance Agency of the decision whether they agree or disagree with the transfer of pension rights from the DS SR to the EU DS.
In the case of an official's consent to the transfer of pension rights from the DS SR to DS EU, the Social Insurance Agency informs the relevant institution or body of the European Union about the period of pension insurance acquired in DS SR and about the financial amount determined on the basis of the acquired pension insurance periods and the employee's assessment bases (transferable amount).
The competent institution or body of the European Union calculates by conversion the transferable amount of the insurance period, which is added to the official's insurance periods acquired in the DS EU, which the official is also informed about, and they are asked to either express consent or disagreement with the transfer of pension rights from the DS SR to the DS EU.
If the official agrees to the transfer of pension rights to the DS EU, the institution or body of the European Union will request the Social Insurance Agency to carry out the transfer of pension rights, i.e. remittance of the transferable amount. By remitting the transferable amount to an institution or body of the European Union, the official loses the right to evaluate this period of pension insurance and assessment bases in the DS SR.