Decree of the Ministry of Foreign Affairs No. 116 / 1960 Coll.
Declaration on the Agreement between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Social Security
Valid
Effective from 01.07.1960
116
DECLARATION
Minister for Foreign Affairs
of 7 July 1960
on the Agreement between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Social Security
The Agreement between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Social Security was signed in Prague on 2 December 1959.
The Agreement was approved by the National Assembly on 25 May 1960 and ratified by the President of the Republic on 6 June 1960. The instruments of ratification were exchanged in Moscow on 28 June 1960.
Pursuant to Article 20 of the Agreement, the Agreement entered into force on 1 July 1960.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
between
The Czechoslovak Republic and the Union of Soviet Socialist Republics on Social Security
President of the Czechoslovak Republic and Presidium of the Supreme Soviet Union of Soviet Socialist Republics, led by desire to develop and deepen friendship and cooperation between both states and in the area of social security, decided to conclude this Agreement and to this end appointed by their agents
President of the Czech Republic
Ms Eban,
President of the State Social Security Office,
Presidium of the Supreme Soviet Union of Soviet Socialist Republics
K.I. Alexander,
Chargé d'affaires a. i.
who have exchanged their powers of attorney and found them in good order and proper form, have agreed on the following provisions:
General provisions
1. This Agreement shall apply to all types of social security which are introduced under the laws of the Contracting Parties.
2. Social security means all kinds of material security (both cash and benefits in kind) provided to citizens by the authorities of the state, the cooperative and social organisations of the Czechoslovak Republic and the Union of Soviet Socialist Republics in the old age, in the case of illness, maternity, disability, regardless of its causes, families in loss of livelihood, etc.
Citizens of one Contracting Party who are permanently resident in the territory of the other Contracting Party shall, on all matters relating to social security and labour relations, be treated in full as citizens of that Contracting Party, unless otherwise provided for in this Agreement.
Implementation of social security
1. The legislation of the Contracting Party in whose territory the citizen resides shall apply when carrying out social security, unless otherwise provided for in this Agreement.
2. Social security shall be carried out by the competent authorities of the Contracting Party in whose territory the citizen who claims the benefit resides.
Account of periods of employment in determining pensions and other benefits
1. In granting pensions and other benefits, the period of employment in the territory of the two Contracting Parties shall be fully counted, including the period of employment entitled to receive pensions under more favourable conditions and at a higher level. In doing so, the social security authorities shall account for the period of employment as well as for the period of another activity in their own Member State and in the other State, regardless of the part of the period of employment required for each of those States.
2. The calculation of the period of employment in respect of the period of work in each of the Contracting Parties shall be carried out in accordance with the legislation of the Contracting Party in whose territory the work was carried out or on an equivalent basis.
Determination of earnings on pension and other benefits
1. Citizens who have moved from the territory of one Contracting Party to the territory of the other Contracting Party and who have worked after their resettlement shall be charged pensions and other benefits from the earnings earned in employment in the country to which they have relocated.
2. Citizens who have moved from the territory of one Contracting Party to the territory of the other Contracting Party and have not worked after the transfer shall be charged pensions and other benefits from the average monthly earnings of employees of a similar field and qualifications at the date of the pension or other benefits in the country to which they have transferred. The same applies to the calculation of pensions and other benefits for citizens who have moved from one country to another after the pension or other benefit has been granted.
Admission and payment of pensions
Pensions are granted and paid by the social security authorities of the Contracting Party in whose territory the citizens entitled to the pension live permanently on the date on which the pension application is lodged; pensions shall be granted under the conditions and at the level laid down by the legislation of this Contracting Party.
1. Where a pensioner moves from the territory of one Contracting Party to the territory of the other Contracting Party, the social security body which pays the pension shall stop the pension from the first day of the month following the resettlement.
2. The social security body of the Contracting Party in whose territory the pensioner is transferred shall grant the pensioner a pension under the legislation of that Contracting Party after his resettlement. A pension entitlement shall not be reviewed in such cases if, under the legislation of that Contracting Party, a pension of the same kind is introduced. An old-age pension shall be granted subject to the age required for the payment of that pension under the legislation of the Contracting Party in whose territory the pensioner has been resettled.
3. If the relocated pensioner returns to the territory of the Contracting Party where he originally lived, the social security authority of that Contracting Party shall, from the first day of the month following his return, renew the pension paid in accordance with paragraph 1 of this Article.
Temporary incapacity benefits and other benefits
1. Benefits in respect of temporary incapacity for work, maintenance and upbringing of children, maternity and childbirth shall be granted and paid by the competent authorities of the Contracting Party in whose territory the citizen resides, under the legislation of that Contracting Party. In doing so, children's education and nutrition benefits shall be granted and paid by the competent authorities of the Contracting Party in whose territory the children live permanently.
2. If a citizen receiving a benefit from the territory of one Contracting Party moves to the territory of the other Contracting Party, the payment of the benefit shall be stopped on the date of the transfer. The competent authorities of the Contracting Party in whose territory the citizen has moved shall in this case grant benefits under the legislation of their State.
Provision of health care
1. Health care will be provided to citizens of one Contracting Party staying in the territory of the other Contracting Party under the conditions applicable to their own citizens.
2. The conditions for the secondment of citizens of one Contracting Party to medical treatment in healthcare establishments of the other Contracting Party shall be governed by specific agreements.
Social security for certain groups of workers
1. The social security of diplomatic, consular and commercial representatives and other authorities of one State having their registered office in the other State shall be carried out according to the legislation of the sending State, provided that such workers are citizens of that State. The same applies to the social security of persons employed by officials appointed by the authorities who are citizens of the sending State.
2. Social security
(a) land, air and inland waterway transport workers of one State who are seconded to temporary or permanent employment in the territory of the other State (on connecting lines, continuous lines, border or transit stations, ports, vessels, airports, etc.);
(b) workers of other undertakings of one State sent for temporary employment in the territory of another State;
it shall be implemented in accordance with the legislation of the State in which the management of the undertaking is situated.
3. The provisions of Article 9 of this Agreement shall apply to the provision of healthcare to the persons referred to in paragraphs 1 and 2 of this Article.
4. In the cases referred to in paragraphs 1 and 2 of this Article, social security benefits shall be provided by the competent authorities of the sending State.
Other forms of social security
1. The competent authorities of that Contracting Party shall provide the citizens of one Contracting Party permanently resident in the territory of the other Contracting Party with the necessary assistance and care if they need it under such conditions as their own citizens.
2. Assistance and care can be provided in the form of material assistance, money assistance, housing for old and disabled citizens etc. Where necessary, multiple types of assistance and care can be provided simultaneously.
Social security costs
All costs associated with the implementation of social security under this Agreement shall be borne by the Contracting Party providing the security, and no reciprocal settlement shall be made between the Contracting Parties.
Cooperation between social security authorities
1. Social security authorities, courts and other authorities of one Contracting Party involved in carrying out social security shall provide the authorities of the other Contracting Party with legal assistance free of charge to the same extent as if they were carrying out social security in their own State. The social security authorities of both Contracting Parties shall provide each other with the necessary information on the circumstances applicable to the pension or other benefits and shall take the necessary measures to establish these circumstances.
2. Documents to be issued in the territory of one Contracting Party in a specified form or certified by the competent State authority and bearing an official stamp shall be accepted in the territory of the other Contracting Party without any further verification.
Maintaining time limits
Requests, complaints, appeals and other submissions which have been submitted within the time limit laid down by law to social security authorities, courts or other offices of one Contracting Party shall be deemed to have been submitted in good time to the authorities of the other Contracting Party. In such cases, applications and other submissions shall be sent without delay to the central office or authority of the other Contracting Party in accordance with the procedure laid down in Article 16 of this Agreement.
Representation of citizens
In implementing this Agreement, the staff of the diplomatic or consular office of one Contracting Party may represent the citizens of their State directly and without special power of attorney with the social security authorities, courts and other offices of the other Contracting Party.
Relations of social security authorities
1. In implementing this Agreement, the social security authorities of the Contracting Parties shall meet each other through their central offices and bodies which the Contracting Parties shall notify each other after the entry into force of this Agreement.
2. Questions which will not be resolved by central authorities and authorities will be dealt with by diplomatic channels.
Cooperation with trade unions
The Parties shall implement this Agreement in close cooperation with the trade union organisations of their countries.
Exchange of experience and information
1. The Parties shall exchange experience and information in the field of social security.
2. The central authorities and the authorities of the Contracting Parties responsible for the implementation of social security shall inform each other of the legislation in force in the field of social security and of any changes made.
Final provisions
1. In granting pensions and other benefits under this Agreement, account shall be taken of periods of employment and periods of equivalent work completed before the entry into force of this Agreement.
2. The provisions of Articles 6 and 7 of this Agreement shall also apply to cases in which entitlement to a pension was acquired before the entry into force of this Agreement.
This Agreement shall be subject to ratification; The instruments of ratification will be replaced as soon as possible in Moscow. The Agreement shall enter into force on the first day of the month following the replacement of the instruments of ratification.
2. Each Party may terminate this Agreement at least six months before the end of the calendar year. The denunciation will apply from 1 January next year.
3. If this Agreement is terminated, pensions awarded and paid under this Agreement shall be deemed to have been awarded under the legislation of the Contracting Party in whose territory the pensioner resides. Any claims arising under the provisions of this Agreement shall not cease to exist.
This Agreement was drawn up in Prague on 2 December 1959 in two copies, each in the Czech and Russian languages, the two texts being equally authentic.
From the power of attorney
President of the Czech Republic:
E. Eban v. r.
From the power of attorney
Presidium of the Supreme Soviet Union of Soviet Socialist Republics:
K. Alexandrov v. r.
PROTOCOL
to the Agreement between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Social Security, signed in Prague on 2 December 1959
When signing the Social Security Agreement, the Contracting Parties shall declare the following:
I
Article 1
The provisions of the Agreement shall also apply to all forms of social security provided to military persons, to military and military disabled persons, to the victims of fascism and to fascist persecution, as amended by the laws of the Contracting Parties.
II
Articles 7 and 8
Articles 7 and 8 The Agreement shall be applied if the citizen has moved or returned permanently from the territory of one Contracting Party to the territory of the other Contracting Party with the agreement of the Contracting Parties. If a citizen has moved before the Agreement is effective, it is assumed that consent has been given unless the circumstances suggest otherwise.
III
Article 18
The exchange of social security experience will take place in particular:
(a) exchange of professional literature and periodic publications between the competent authorities, authorities and organisations of the Contracting Parties;
(b) appropriate information to the public on the development and results of the social security of the other Party;
(c) mutual visits by experts;
(d) exchanging information on the results of scientific research.
IV
Article 19
1. Within one month of the entry into force of the Agreement, the two Contracting Parties shall transmit to each other lists of pensioners - their own citizens and citizens of the other Contracting Party, to whom, before the entry into force of the Agreement, the social security authorities of one Contracting Party granted and indicated pensions in the territory of the other Contracting Party. The social security authorities of the Contracting Parties, which show pensions to citizens residing in the territory of the other Contracting Party, shall cease to make such pensions after two months from the date of exchange of the list of pensioners. The social security authorities of the Contracting Party in whose territory these citizens reside shall, after two months following the exchange of the list of pensioners, start to pay them pensions at their current rate if the pension is higher than that which could be awarded under Article 7 of the Agreement. However, the pension may not be higher than the maximum and lower than the minimum pension of the species concerned, determined in accordance with the legislation of the country where the pensioner resides.
(2) The provisions of Article 12 of the Agreement, according to which no mutual statement of the costs of carrying out social security is made shall apply in the cases referred to in paragraph 1.
V
The provisions of the Agreement shall not apply to personal pensions and to benefits granted to beneficiaries of personal pensions.
This Protocol constitutes an integral part of the Agreement between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Social Security.
Written in Prague on 2 December 1959 in two copies, each in the Czech and Russian languages, the two texts being equally authentic.
From the power of attorney
President of the Czech Republic:
E. Eban v. r.
From the power of attorney
Presidium of the Supreme Soviet Union of Soviet Socialist Republics:
K. Alexandrov v. r.
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 116 / 1960 Coll., on the Agreement between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Social Security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.08.1960 |
|---|---|
| Effective from | 01.07.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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