Where entitlement to a benefit under the Croatian legislation is subject to totalization of the insurance periods referred to in Article 21 the competent institution shall determine the amount of the benefit in the following manner:
- a)it shall first calculate the theoretical amount of the benefit which would be payable if all the insurance periods added together had been completed under the Croatian legislation;
- b)the institution shall then calculate the real amount of the benefit payable on the basis of the theoretical amount calculated according to the provisions of subparagraph a. in proportion to the ratio between the duration of the insurance periods completed under the legislation applied by this institution and the total duration of the insurance periods referred to in Article 21;
- c)where the total duration of the insurance periods added together as provided in Article 21 exceeds the maximum duration specified under the Croatian legislation for the calculation of the maximum benefit rate the competent insurance institution shall, for the calculation of the benefit referred to in subparagraphs a and b, take into consideration the above mentioned maximum duration, instead of the totalized periods;
- d)the provisions under subparagraphs a, b and c do not apply when the calculation on the basis of the Croatian legislation is more favourable for the person concerned.
