9The implementing regulation referred to in Article 46 (2) (d) of Regulation (EEC) No 1408/71 is Regulation (EEC) No 574/72 of the Council, the interpretation of which is requested in the questions referred to the Court. Article 15 (1) (b) of that regulation, as amended by Regulation (EEC) No 878/73 of the Council of 26 March 1973 (Official Journal L 86, p. 1), provides as follows:‘When a compulsory insurance period or period of residence completed under the legislation of one Member State coincides with a voluntary or optional continued insurance period under the legislation of another Member State, only the period completed under compulsory insurance shall be taken into account.’For the purpose of aggregation of the periods, Article 46 of the same regulation, as amended by Regulation (EEC) No 878/73 and by Regulation (EEC) No 1392/74 of the Council of 4 June 1974 (Official Journal L 152, p. 1) is entitled ‘Calculation of benefits in the event of overlapping of periods’ and provides as follows:1. For the calculation of the theoretical and actual amount of benefit in accordance with Article 46 (2) (a) and (b) of the Regulation, the rules provided for in Article 15 (1) (b), (c) and (d) of the implementing Regulation shall apply.The actual amount thus established shall be increased by the amount corresponding to the periods of voluntary or optional continued insurance and shall be determined in accordance with the legislation under which these insurance periods were completed.2. For the purposes of Article 46 (3) of the Regulation, the amounts of benefit corresponding to periods of voluntary or optional continued insurance shall not be taken into account.’
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