In a recent reasoned opinion delivered by the EFTA Surveillance Authority, it has stated that Iceland is in breach of EU law not not allowing workers transfer accrued workplace (second pillar) pension rights from Iceland to the pension scheme of EU institutions.
The EFTA-EEA states participate in some EU bodies, including agencies. In the case at hand, the EFTA Surveillance Authority has brought infringement proceedings against Iceland after a complaint was brought to it by an Icelandic national who was employed in the European Aviation Safety Agency (EASA).
The EFTA Surveillance Authority reasons that Iceland’s refusal, through the Icelandic Social Insurance Administration (Tryggingastofnun), to not allow the transfer means that individuals concerned – EFTA-EEA nationals working in the broader EU institutional framework – are placed at a disadvantage compared to their colleagues from other EEA States. This is likely to hinder or make less attractive the exercise of free movement as guaranteed by the EEA Agreement.
A breach of both Article 28 EEA (free movement of workers) and Article 29 of the EASA Regulation (216/2008) is what is being argued, and this reasoned opinion is the final pre-litigation step before the case potentially being referred to the EFTA Court.
A copy of the reasoned opinion of the EFTA Surveillance Authority dated 15 March 2023 can be viewed here.