Traduction de «Travailleur salarié ayant droit à une retraite » (Français → Anglais) :

In the present case, a VRS which would have merely offered early retirement only to employees who were entitled to a pension but had not yet reached the mandatory retirement age would not have led to the highest possible take-up since a number of eligible employees would still have preferred to remain in employment in order to receive the maximum possible pension (47).

The beneficiaries of the VRS are further divided in two sub-groups: (a) 4 859 who will qualify for the recognition of ‘notional’ years — this group is covered by the present VRS — and (b) 635 employees who are close to retirement (i.e. who are entitled to full pension rights but who have not reached the mandatory retirement age) who will receive supplementary retirement incentives to leave (19) — this group is covered by the ‘regular’ VRS.

The concept of a provision for reduction of benefit in Articles 12(2), 46(3) and 46b of Council Regulation (EEC) No 1408/71 must be interpreted as covering a legislative provision of a Member State which, in providing that the amount of the retirement pension of an employed person who has not completed a total of 30 years of employment but has completed at least 25 years is to be increased by a supplement, states that that supplement is to be equal to the difference between the amount of the retirement pension which the worker would have received if he ha ...[+++]d in fact been employed for 30 years and the total amount of the retirement pensions which he can claim under a national scheme or a scheme of another Member State.

The sole purpose of the question referred by the Cour du Travail, Liège, is to ascertain whether a national rule which provides that the supplement to a mineworker's retirement pension is to be reduced by the amount of a retirement pension to which the worker concerned is entitled under another Member State's scheme constitutes a provision for reduction of benefit within the meaning of Regulation No 1408/71, on the application of s ...[+++]ocial security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended.

Failure of Member State to fulfil its obligations · Incorrect transposition of Council Directive 90/364/EEC of 28 June 1990 on the right of residence, Council Directive 90/365/EEC of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity, and Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students · Excessive requirements concerning resources and sickness insurance cover

These programmes should concentrate on the material concerns of people about to retire, their health problems and how they might use their free time. b) Phased retirement : there is evidence of a shift in favour of this type of retirement, i.e. the opportunity for employed persons to obtain a gradual reduction in their working hours during the years immediately preceding their retirement. c) Combination of pensions with earnings from employment : the Member States should avoid any ban on paid employment by pensioners, for some of them receive very small pensions and therefore wish to supplement it by paid work.