A-Z on social security coordination (FAQs) - V
Voluntary insurance
Legal basis: article 14 Regulation 883/2004
You can do so only in certain cases.
The coordination regulation contains a provision stating that the rules on the determination of the legislation applicable, including the rule that a person is subject to the legislation of a single Member State, do not in principle apply to voluntary insurance. However, these rules do apply when, in respect of a particular social security branch, only a voluntary insurance scheme exists in a Member State. Thus, for example, if in the State where you are going to work, no compulsory sickness insurance scheme exists, only a voluntary one, you cannot remain insured on a voluntary basis for sickness in your State of origin.
Moreover, even if a compulsory insurance scheme exists in the State where you are going to work, this does not necessarily imply that you will be able to maintain your voluntary insurance in your State of origin. Simultaneous coverage under a voluntary scheme in one Member State and under a compulsory scheme in another is in principle prohibited by the coordination regulation. The only exception concerns the field of pensions. Indeed, in respect of invalidity, old-age and survivors’ pensions, the regulation allows that you join a voluntary scheme in a Member State even if you are already compulsorily insured in another Member State. However, for this to be the case, two conditions must be fulfilled: first, you must, at some time in the past, have been subject to the legislation of the first State because or as a consequence of an activity as an employed or self-employed person, and second, such overlapping of coverage must be allowed by the legislation of the first State.
In all other cases, in which, for a given branch, there is a choice between several voluntary insurance schemes, you may join the scheme of your choice.
The coordination regulation contains a provision stating that the rules on the determination of the legislation applicable, including the rule that a person is subject to the legislation of a single Member State, do not in principle apply to voluntary insurance. However, these rules do apply when, in respect of a particular social security branch, only a voluntary insurance scheme exists in a Member State. Thus, for example, if in the State where you are going to work, no compulsory sickness insurance scheme exists, only a voluntary one, you cannot remain insured on a voluntary basis for sickness in your State of origin.
Moreover, even if a compulsory insurance scheme exists in the State where you are going to work, this does not necessarily imply that you will be able to maintain your voluntary insurance in your State of origin. Simultaneous coverage under a voluntary scheme in one Member State and under a compulsory scheme in another is in principle prohibited by the coordination regulation. The only exception concerns the field of pensions. Indeed, in respect of invalidity, old-age and survivors’ pensions, the regulation allows that you join a voluntary scheme in a Member State even if you are already compulsorily insured in another Member State. However, for this to be the case, two conditions must be fulfilled: first, you must, at some time in the past, have been subject to the legislation of the first State because or as a consequence of an activity as an employed or self-employed person, and second, such overlapping of coverage must be allowed by the legislation of the first State.
In all other cases, in which, for a given branch, there is a choice between several voluntary insurance schemes, you may join the scheme of your choice.
Each Member State is free to determine the conditions for entitlement to contribute to a voluntary insurance scheme, as long as it does not discriminate, directly or indirectly, against nationals of other Member States. The regulation, however, may help you to meet two commonly applied conditions.
First, if the legislation of your State of origin makes admission to the voluntary insurance scheme subject to the condition that you reside there, that condition cannot be applied to you if you reside in another Member State and, at some time in the past, you were subject to the legislation of that State as an employed or self-employed person.
Second, if the legislation of your State of origin makes admission to the voluntary insurance scheme subject to the completion of a minimum length of periods of insurance, (self-)employment or residence, the institution of that State must take into account periods of insurance, (self-)employment or residence you completed under the legislation of the State where you work and reside (or any other State where you completed such periods), as if they had been completed under the legislation it administers.
Please note that you can only be admitted to the voluntary pension insurance scheme in your State of origin if this State’s legislation allows such overlapping and if you have been previously subject to this State’s legislation because or as a result of an activity as employed or self-employed person. This is an exception to the principle of assimilation of facts.
First, if the legislation of your State of origin makes admission to the voluntary insurance scheme subject to the condition that you reside there, that condition cannot be applied to you if you reside in another Member State and, at some time in the past, you were subject to the legislation of that State as an employed or self-employed person.
Second, if the legislation of your State of origin makes admission to the voluntary insurance scheme subject to the completion of a minimum length of periods of insurance, (self-)employment or residence, the institution of that State must take into account periods of insurance, (self-)employment or residence you completed under the legislation of the State where you work and reside (or any other State where you completed such periods), as if they had been completed under the legislation it administers.
Please note that you can only be admitted to the voluntary pension insurance scheme in your State of origin if this State’s legislation allows such overlapping and if you have been previously subject to this State’s legislation because or as a result of an activity as employed or self-employed person. This is an exception to the principle of assimilation of facts.
Many people wish to continue to pay voluntary (or rather continued optional) contributions with a view to increasing their future pension. The problem might be that, when you retire, State B would apply its anti-accumulation rules (rules providing for the reduction, withdrawal or suspension in case of overlapping benefits payable under the legislation of different Member States) to the part of the pension earned by the voluntary contributions in State A (see question 46.8 under the keyword old-age pensions and question 35.7 under the keyword invalidity pensions). In that way, the pension payable by State B could be reduced by the amount corresponding to the voluntary insurance periods completed in State A, and your plan to increase your pension would be thwarted. However, this will not happen. The regulation expressly provides that, when national anti-accumulation rules are applied, no account may be taken of benefits awarded on the basis of voluntary or continued optional insurance.
Mention should also be made of another potential problem you might encounter. As already explained (see question 46.3), overlapping periods are taken into account only once. Thus, if compulsory insurance periods under the legislation of one Member State coincide with voluntary insurance periods under the legislation of another Member State, if this is necessary for the entitlement or the calculation of the benefit only the former periods will be considered. However, the voluntary periods are not lost even in such cases. The Member State concerned has to take these periods into account for a separate part of the pension. So no entitlement is lost.
Mention should also be made of another potential problem you might encounter. As already explained (see question 46.3), overlapping periods are taken into account only once. Thus, if compulsory insurance periods under the legislation of one Member State coincide with voluntary insurance periods under the legislation of another Member State, if this is necessary for the entitlement or the calculation of the benefit only the former periods will be considered. However, the voluntary periods are not lost even in such cases. The Member State concerned has to take these periods into account for a separate part of the pension. So no entitlement is lost.