Decree of the Minister for Foreign Affairs No. 21 / 1960 Coll.
Declaration on the Convention between the Czechoslovak Republic and the People's Republic of Hungary on Social Policy Cooperation
Valid
Effective from 01.12.1959
21
DECLARATION
Minister for Foreign Affairs
of 29 December 1959
concerning the Convention between the Czechoslovak Republic and the People's Republic of Hungary on cooperation in the field of social policy
On 30 January 1959, the Convention between the Czechoslovak Republic and the People's Republic of Hungary on Social Policy Cooperation was negotiated in Budapest.
The President of the Republic ratified the Convention on 21 October 1959 and the instruments of ratification were exchanged in Prague on 6 November 1959.
Pursuant to Article 35 thereof, the Convention entered into force on 1 December 1959.
The Slovak version of the Convention shall be published simultaneously.
David v. r.
CONVENTION
between the Czechoslovak Republic and the People's Republic of Hungary on social policy cooperation
The President of the Czechoslovak Republic and the Presidium Council of the People's Republic of Hungary, wishing to further deepen and expand cooperation in the field of social policy in the spirit of friendly relations between the two countries, have decided to conclude this Convention and to this end have appointed their agents:
President of the Czech Republic
Ms Eban,
President of the State Social Security Office,
The President
Ödöna Kisházi,
Minister of Labour,
who, after exchanging their full powers which have been found to be in good and proper form, have agreed as follows:
I. Principles of cooperation
The Parties shall cooperate in the field of social policy and within it in the field of social security (insurance) for the development of social progress in both States and international.
To that end,
(a) the competent authorities of both Contracting Parties shall notify each other of social policy legislation, in particular in the field of social security (insurance);
(b) provide each other with statistics suitable for the theoretical examination of social policy and social security (insurance) issues;
(c) promote the exchange of experience and mutual visits between social policy and social security (insurance) bodies and organisations;
(d) promote the mutual care of children, adolescents and workers carried out by the competent authorities;
(e) cooperate in the tasks of international social services relating to the citizens of the Contracting Parties, as in the procurement of documents, data notification, etc.;
(f) ensure, in accordance with the provisions of this Convention, compliance with the rights of workers and their family members from social security (insurance).
Citizens of one Contracting Party working or staying in the territory of the other Contracting Party, as well as their family members, shall be assessed in the field of labour law, social security (insurance) and other social services and family allowances, as well as their own citizens, unless otherwise provided for in this Convention; have the same rights and obligations as their own citizens.
II. Social security (insurance)
General provisions
1. This Convention shall apply to the following social security (insurance) sectors, adapted under the laws of the Contracting Parties:
(a) sickness and maternity insurance;
(b) old-age, invalidity and death insurance, including insurance, in the event of accidents at work and occupational disease ("pension insurance").
2. However, the provisions of this Convention shall not apply to the social security of professional armed forces.
1. In the implementation of this Convention, the legislation on social security (insurance) of the Contracting Party in whose territory the worker carries out his activities shall apply to his social security (insurance).
2. The following exceptions shall apply from the provisions referred to in paragraph 1 of this Article:
(a) employees of an undertaking established in the territory of one Contracting Party who have been seconded to work temporarily in the territory of the other Contracting Party shall continue to be subject to the social security (insurance) legislation of the same Contracting Party in whose territory the registered office is situated;
(b) the staff of transport and transport undertakings, including air and sea transport and mail workers, as well as the staff of the authorities controlling the contacts between the two States, shall be subject to the social security (insurance) legislation of the Contracting Party in whose territory their undertaking or body is situated.
3. Non-working pensioners shall be subject to the sickness and maternity insurance legislation of the Contracting Party whose competent authority grants them a pension; where the pensioner receives a pension from the competent authorities of both Contracting Parties, the sickness and maternity security legislation shall apply only to the Contracting Party in whose territory he is resident.
1. Where a citizen of one Contracting Party is in employment with his or her diplomatic or consular representative or with their directors, members and other servants, the legislation on social security (insurance) of the Contracting Party maintaining those offices in the territory of the other Contracting Party shall apply to him, unless he or she has permanent residence in the territory where those offices operate.
2. Where a staff member of a diplomatic or consular representative's office or their heads, members and other servants are not a citizen of a Contracting Party maintaining those offices, or is a citizen of that Party, but is resident in the territory where they operate, the provisions of Article 4 (1) shall apply.
By way of derogation from the provisions of Articles 4 and 5, the competent central authorities of the Contracting Parties may agree to adjust the social security (insurance) of individual specially defined groups of workers and pensioners.
1. When assessing entitlement to social security benefits (insurance) and determining their amount, periods of employment (insurance) and equal periods of employment, obtained on the territory of both Contracting Parties, shall be counted.
2. Paragraph 1 shall not apply when assessing entitlement to benefits to which entitlement is granted only under the legislation of one Contracting Party.
3. If the period of employment (compulsory insurance), obtained under the legislation of one Contracting Party, with the period of voluntary insurance under the legislation of the other Contracting Party, covers only the period of employment (compulsory insurance). Where the period of employment (insurance), obtained under the legislation of one Contracting Party, with a period assimilated to that of the other Contracting Party, is covered, only the period of employment (insurance) shall be taken into account.
(4) The rights and social security benefits of one Contracting Party belonging to the citizens of that Contracting Party on the basis of periods of employment and assimilated periods obtained in the territory of a third State shall not be attributed to the citizens of the other Contracting Party.
1. If, under the legislation of one of the Contracting Parties, the establishment, duration and renewal of rights or the amount of the benefit for residence in its own territory depends on the existence, duration and amount of the benefit, the stay in the territory of the other Contracting Party shall be equivalent to that of its own territory.
2. The provisions of paragraph 1 shall also apply to the payment of pension benefits or other cash benefits where the beneficiary has transferred to the territory of the other Contracting Party.
3. The competent authority of one Contracting Party shall pay to the citizens of the other Contracting Party, residing in a third State, the social security benefits (insurance) to which those citizens are entitled, under the same conditions as if they were its own citizens.
The laws of one Contracting Party, according to which the granting or payment of social security benefits (insurance) is restricted or rested, shall also apply where the circumstances applicable to such a restriction or, where appropriate, the rest of the payment of benefits occurred in the territory of the other Contracting Party.
Insurance against sickness and maternity
1. Cash benefits of sickness and maternity insurance shall be provided by the social security body (s) with which the beneficiary is insured at the time of entitlement to such benefits and, where applicable, the last one.
2. Where the beneficiary is staying in the territory of the other Contracting Party when he is entitled to benefits under the preceding paragraph, the social security authority (s) which is obliged to provide the benefit may entrust the payment of the benefit to the social security authority (s) of that other Contracting Party. Such payments shall be replaced by the social security (insurance) body which is obliged to provide the benefit.
1. Persons who are resident in the territory of one Contracting Party and who work in the territory of the other Contracting Party shall receive benefits in kind in respect of sickness and maternity insurance (preventive and medical care) in the first instance by the authority competent according to their residence and, where necessary, by the authority competent according to their place of work. The family members of such persons shall be provided with benefits in kind for sickness and maternity insurance (preventive and medical care) by the competent authority according to their residence.
2. Citizens of one Contracting Party who are temporarily present in the territory of the other Contracting Party shall receive the necessary medical treatment in urgent cases. That authority shall, on request of the competent authority, provide treatment beyond that framework.
3. Inworking pensioners - including those referred to in Article 14 - and their family members shall be granted benefits in kind in respect of sickness and maternity (preventive and medical care) by the authority competent according to their residence.
4. The conditions and arrangements for granting benefits in kind (preventive and medical care) shall be adapted in accordance with the provisions of this Article by a separate agreement between the central authorities of the Contracting Parties, determined pursuant to Article 30. In the framework of this agreement, provision should also be made for the reimbursement of the costs of hospital, nursing and spa treatment, as well as for more expensive medical supplies.
Pension insurance
1. Entitlement to pension benefits shall be assessed by the competent authorities of the Contracting Parties in accordance with the legislation applicable to them, taking into account the provisions of Article 7, and, if all the conditions of entitlement are fulfilled by the creditor, the benefit shall be calculated taking into account the duration of the period of employment (insurance) obtained in both territories. The competent authority of each of the two Contracting Parties shall pay the authorised proportion of the benefit for the period of employment (insurance) obtained in its territory.
2. Where a beneficiary also fulfils the conditions of entitlement laid down by the legislation of only one Contracting Party in the addition of the period acquired in the territory of both Contracting Parties, the competent authority of that Contracting Party shall grant to the competent authority of that Contracting Party the authorised part of the benefit which falls under paragraph 1. If the applicant subsequently fulfils the conditions of entitlement under the legislation of the other Contracting Party, the amount of the pension benefit shall be re-determined in accordance with paragraph 1.
3. Where the sum of the sub-benefits to be paid by the competent authorities of the two Contracting Parties pursuant to paragraph 1 is lower than the lowest pension benefit laid down by the legislation of the Contracting Party competent under the residence of the beneficiary, the eligible supplement shall be equal to the difference. The supplement shall be paid to the competent authority responsible for residence.
4. If the sum of the sub-benefits to be paid by the competent authorities of the two Contracting Parties pursuant to paragraph 1 or, where applicable, the amount of the benefit determined in accordance with paragraph 2 is less than the amount due to the beneficiary under the legislation of one Contracting Party only on the basis of the period of employment (insurance) in the territory of that Contracting Party, the competent authority of that Contracting Party shall add to that amount the part of the pension paid by that Party.
5. Where the period of time spent in a job which is harmful to health or in a job which is under severe conditions is linked to the benefits of a beneficiary under the legislation applicable to the competent authority which sums up the insurance periods referred to in paragraph 1, the period spent in such employment in the territory of the other Contracting Party shall also be counted as a benefit period.
6. If the period of employment (insurance) obtained under the legislation of one Contracting Party does not reach six months, there shall be no claim against the competent authority of that Contracting Party. For this reason, the competent authority of the other Contracting Party shall not reduce the benefit paid by it.
If the pensioner obtains a new period of employment (insurance) with the competent authority of any Contracting Party and requests a benefit adjustment taking into account that period, the procedure laid down in Article 12 shall be repeated.
1. Benefits from pension insurance for military and war victims, victims of liberation and fascist persecution, personal pensions for extraordinary merit and social pensions, paid on the basis of necessity, shall be granted and paid by the competent authorities of the Contracting Parties in accordance with the legislation applicable to them.
2. Where, in one of the Contracting States, pensions or other cash benefits are or have been granted in excess of the general social security (insurance), based on membership of pension institutions (funds), or on contracts of this kind relating to the service relationship, those benefits shall be awarded and paid by the competent authority of that Contracting Party under the legislation applicable to them.
1. Benefits in the event of an accident at work or an occupational disease shall be provided by the competent authority of the Contracting Party whose legislation on social security (insurance) applied to the beneficiary at the time of the accident at work or at the time of the occurrence of the occupational disease, in accordance with the legislation applicable to them. Where an insured person has worked on the territory of the two Contracting Parties in an employment which is subject to an occupational disease, he shall be required to provide the benefit to the competent authority of that Contracting Party whose social security (insurance) legislation applied to the beneficiary at the time when he last worked in such employment.
2. Where a worker who has reduced working capacity as a result of an accident at work or an occupational disease is subject to a further reduction in working capacity as a result of a new work accident or other occupational disease, he shall be obliged to provide benefits, taking into account the overall reduction in working capacity of the competent authority of the Contracting Party whose social security legislation (insurance) applied to the beneficiary at the time of the further reduction of working capacity. If there is no pension to be determined in this way, the amount of the pension previously awarded shall continue to be paid.
3. If there is a further decrease in working capacity due to an accident at work or an occupational disease without a new accident at work or an occupational disease due to a deterioration in the state of health, the institution paying the pension shall be obliged to amend the amount of the pension even if, at the time when the deterioration occurred, the beneficiary was subject to the social security (insurance) legislation of the other Contracting Party.
The competent central authorities of the Contracting Parties may agree that the decision of the competent authority of one of the Contracting Parties on invalidity (reduction of working capacity) and its degree shall also be binding on the competent authority of the other Contracting Party.
Where pension benefits are measured from the average earnings earned at a certain time of employment (insurance), the average earnings shall be calculated according to the legislation of the Contracting Party whose institution grants the benefit from the earnings achieved at the relevant time in the territory of the two Contracting Parties.
III. Family allowances
1. Family allowances shall be granted, in accordance with its legislation and on its behalf, by the competent authority of the Contracting Party in whose territory the child of the authorised person lives.
2. Where a child belonging to a family allowance is moved to the territory of the other Contracting Party, the payment of family allowances shall cease from the first day of the month following the date of the resettlement and the competent authority of that other Contracting Party shall grant family allowances in accordance with its legislation and on its behalf.
3. Family allowances shall be granted in accordance with their legislation and on their behalf by the competent authority of the Contracting Party in whose territory the staff member works.
4. When deciding on the allocation of family allowances and determining their amount, the competent authority shall take into account the earnings, income and assets in the territory of both Contracting Parties.
IV. Social care
1. Citizens of one Contracting Party who are resident in the territory of the other Contracting Party shall receive social care and assistance (physical support, housing, etc.) under the same conditions and to the same extent as their own citizens.
2. The Contracting Parties shall not require each other to pay the welfare costs provided under paragraph 1. However, reimbursement of costs may be requested from persons who have received care or from members of their family who are obliged to provide them with nutrition.
V. Common provisions
1. Social security authorities (insurance) and other competent authorities of both Parties shall assist each other in the implementation of this Convention to the same extent as if they were implementing their own social policy legislation.
2. Applications for benefits and other submissions (appeals, etc.) may be lodged with the competent authority of any Contracting Party. An application submitted to the competent authority of one Contracting Party shall be deemed to have been made simultaneously to the other Party.
3. Where, in the application or determination of claims under this Convention or for the payment of benefits, medical examinations of a participant staying in the territory of the other Contracting Party, confirmation of life or other information or clarification of circumstances are necessary, the competent authority responsible for the place of residence shall, upon request of the authority, be required to determine or pay the benefit and the results of the investigation, as appropriate, shall notify the authority which requested them.
4. At the request of one Party's social security (insurance) body, the social security (insurance) body shall act as an agent for the purpose of the application and recovery of claims arising from social security (insurance) legislation which the applicant authority wishes to apply against a natural or legal person whose residence or, where applicable, its registered office is in the territory of the other Party.
5. The Contracting Parties shall not make claims against each other for the costs of an activity or service carried out under this Article.
Written contact between the competent authorities and with interested parties in connection with the Convention shall be carried out in any official language of the Contracting Parties.
The competent central authorities of the two Contracting Parties - in order to facilitate the implementation of this Convention - shall designate in their territory the authorities which examine applications for benefits sent by the competent authorities of the other Contracting Party or, where appropriate, notify the data, procure the certificates and documents necessary for the assessment or payment of benefits.
The diplomatic and consular offices of the two Contracting Parties shall have the right to represent the citizens of their State without special power of attorney - unless they appoint another agent - on all matters arising under this Convention and relating to its implementation and to act on their behalf before the authorities, social security authorities (insurance) and other authorities of the other Contracting Party.
Disputes which would arise in the implementation of this Convention shall be decided by the competent central authorities of the two Contracting Parties by mutual agreement in writing or by the expert panel established on the basis of parity.
1. If the entitlement to the pension benefit or other benefits is not contested, however, if the contested social security authority is obliged to grant the benefit, or the proportion in which the payment of the benefits is subject to the burden on the competent authorities, the advance shall be entitled until the decision of the dispute referred to in Article 24. An advance of that part of the benefit which may be determined shall be fixed and paid in accordance with the rules in force to it by the competent social security authority (s) of the Contracting Party in whose territory the beneficiary resides.
2. The social security authority (insurance) of the other Party shall pay the advance paid in accordance with paragraph 1 to the paying authority, in proportion to the payment of the benefit in accordance with a decision given in accordance with Article 24.
3. If the advance is higher than the benefit from the social security (insurance) authorities of both Contracting Parties, those authorities may deduct the excess from the amount of benefit paid by them. The total precipitation shall not exceed 20% of the amounts paid.
The social security authority (s) of one Contracting Party may authorise the authority of the other Contracting Party to pay, on its behalf, a specified advance on the benefit to the beneficiary who resides in the territory of the other Contracting Party and to whom it belongs from the social security authority (s) empowering the Contracting Parties to the pension benefit or other cash benefits.
The lodging, files and documents required for the exercise of rights under this Convention shall be exempt from all charges. These documents do not need verification by diplomatic or consular authorities.
Money vouchers in the territory of the other Contracting Party resulting from the implementation of this Convention shall be subject to the provisions of the non-commercial pay agreement in force between the Contracting Parties at the time of the voucher.
1. The measures necessary for the implementation of this Convention shall be taken by the competent central authorities of both Parties. Those implementing acts shall notify each other.
2. The central authorities referred to in paragraph 1 shall be in constant direct contact and meetings of their representatives shall be held, as appropriate, to discuss the various issues relating to the implementation of the Convention and to organise mutual exchange of experience in the field of social policy. Such meetings of representatives of the competent authorities of the two Contracting Parties shall take place alternately on the territory of the two Contracting Parties.
The Parties shall notify each other, after the entry into force of this Convention, which central authorities are competent to implement the Convention and shall notify each other without delay of any changes that will occur in this respect in the future.
This Convention shall also apply to legislation by which the Contracting Parties amend or supplement legislation in the future on matters governed by this Convention.
Both Parties shall implement this Convention in close cooperation with trade union organisations.
VI. Transitional and final provisions
1. The provisions of this Convention shall also apply to pension benefits to which entitlement has been established before its effect.
2. In implementing this Convention, account shall be taken of periods of employment (insurance) and of periods of equal standing before it is effective.
(1) Periods of employment (insurance) and periods assimilated to them - including periods on which the benefits referred to in Article 14 (2) are based - obtained before the date of signature of the Convention shall be deemed to have been completed under the legislation of the Contracting Party in whose territory the person entitled to pension benefits was resident on the date of signature of the Convention.
2. The pension benefits - including those referred to in Article 14 (2) - to which entitlement arose before the date of signature of the Convention shall be determined and paid under the conditions and in accordance with the legislation applicable to them by the social security authority (s) of the Contracting Party in whose territory he was authorised on the date of signature of his permanent residence. This shall also apply where the social security authority (s) of the other Contracting Party has provided for a benefit before the Convention is effective. If the pension has been awarded and paid before the Convention is effective by the authority responsible under the Convention, it will continue to be paid without amendment.
3. Within one month of the entry into force of this Convention, the two Parties shall forward to each other the lists of pensions awarded and paid before the entry into force of the Convention to the other State to be paid in accordance with paragraph 2 by the competent authority of the pensioner's residence. If the existing pension included in the list is higher than the pension which would be payable to the beneficiary under the provisions of this Convention, the receiving Contracting Party shall continue to pay the pension at the current rate.
4. The Contracting Parties shall not ask each other for compensation for taking into account the period of employment (insurance), the measurement and payment of pensions as provided for in this Article.
1. This Convention shall be subject to ratification. The replacement of the instruments of ratification will be as short as possible in Prague. The Convention shall enter into force on the first day of the month following the replacement of the instruments of ratification.
2. The Convention shall remain in force five years after the date of entry into force and shall be extended by five years at any time, unless it is communicated by one of the Contracting Parties at least one year before the expiry date.
3. If the Convention is terminated, its provisions shall continue to apply in respect of pension benefits granted by the date of expiry of the Convention and Article 34.
This Convention was drawn up in two original copies, each in the Slovak and Hungarian languages, the two texts being equally authentic.
To prove this, the agents appointed for this purpose signed this Convention and sealed it.
Dane in Budapest on 30 January 1959.
From the power of attorney
President of the Czech Republic
Evžen Eban v. r.
From the power of attorney
The President
Ödön Kisházi v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 21 / 1960 Coll., on the Convention between the Czechoslovak Republic and the People's Republic of Hungary on Social Policy Cooperation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.1960 |
|---|---|
| Effective from | 01.12.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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