In application of the Community regulations on the coordination of social security systems, insurance periods accredited in the countries of the European Union, the European Economic Area, Switzerland and the United Kingdom can be taken into account, provided they do not overlap, for the acquisition of the right and/or for the calculation of the pension.
Each State in which contributory or insurance periods are established shall recognise and pay the pension payable to the applicant (according to the date chosen by the applicant for each country), taking into account its internal legislation and the relevant rules of Community law.
Two different situations may arise:
(a) If the person concerned does not achieve the right to a pension taking into account only the contributions of Spain (because he/she does not meet the period of absence), but would achieve it by adding the periods accredited in other states of the European Union, the appropriate Prorrat-Temporis pension shall be indicated.
(b) If the person concerned is entitled to a pension on the basis of Spain ' s contributions alone (internal pension), two calculations must be made:
- 1. Internal pension: only for periods in Spain.
- 2. Pension prorrat-temporis: obtained through the totalization and apportionment of the Spanish periods and those of other countries.
Once these operations have been carried out, they are compared with each other and the person concerned is given the right to the largest amount, either the internal or the prorated pension. Both are compatible with the perception of pensions that have been identified - or will be identified in the future - by the competent institutions of the other states.
Explanation of the calculation of the pension prorrat-temporis:
1st The theoretical pension: it follows from hypothetically considering that both the periods covered in Spain and in other states have been fulfilled in accordance with Spanish legislation.
2º The pension to be received is the Prorated Pension: the "Theoretical Pension" is prorated, depending on the relationship between the number of days covered in Spain and the total number of days of insurance (inside and outside Spain), that is:
Prorated Pension = Theoretical Pension x (No. days Spain/Total days)