Communication from the Ministry of Foreign Affairs No. 228 / 1993 Coll.
Communication from the Ministry of Foreign Affairs on the Treaty between the Czech Republic and the Slovak Republic on social security
Valid
Effective from 03.05.1993
228
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 29 October 1992 the Treaty between the Czech Republic and the Slovak Republic on social security was signed in Prague.
The Czech National Council has agreed with the Treaty and has ratified it on behalf of the President of the Czech Republic.
Pursuant to Article 34 (1) of the Treaty, it has been applied provisionally since 1 January 1993 and entered into force on 3 May 1993.
The Czech version of the Treaty is hereby published at the same time.
TREATY
between the Czech Republic and the Slovak Republic on social security
Czech Republic and Slovak Republic
in the spirit of good neighbourly cooperation,
taking into account the progress made towards this end,
led by the desire to regulate social security relations
agree to conclude the following contract:
GENERAL PROVISIONS
(1) For the purposes of this Treaty:
1. "legislation" means laws and other generally binding social security legislation to the extent referred to in Article 2;
2. "territory" means the territory of the Czech Republic or the Slovak Republic within the borders established after the division of the Czech and Slovak Federal Republic;
3. "competent authority" shall mean the Ministry under whose jurisdiction the issues covered by this Treaty fall;
4. "competent authority" means the authority considered to be such under national law;
5. 'security carrier' shall mean the institution which is responsible for carrying out social security to the extent specified in Article 2;
6. "member of the family" shall mean a member of the family under the law of the Contracting State in which the holder of the security for which the benefits are to be granted is situated;
7. "security period" shall mean the period of employment and the period of employment equal to that which constitutes participation in pension and sickness insurance (insurance) under the laws of the Contracting States.
(2) Other terms in this Treaty have meaning which they deserve under the relevant legislation.
(1) This Treaty shall apply to:
(a) pension insurance;
(b) sickness insurance (insurance),
(c) State social benefits;
(d) welfare benefits and services.
(2) This Treaty shall not apply to newly established systems or social security sectors unless the governments of the Contracting States agree otherwise. The provisions of the preceding sentence shall not apply to the transition from the security system to the insurance system.
(3) The relationship between the Contracting States shall not take into account the obligations arising from national agreements with third States, with the exception of pension and sickness insurance (insurance) obligations.
(1) Unless otherwise provided, this Treaty shall apply to the citizens of both Contracting States and to their family members.
(2) Refugees, third-country citizens and non-nationals who are or have been subject to the laws of the Contracting State or their family members, as the case may be, shall be covered by this Treaty only in respect of pension and sickness insurance entitlements.
When applying the laws of one Contracting State, citizens of that Contracting State shall be equal to citizens of the other Contracting State, unless otherwise provided for in this Treaty.
If residence in the territory of one Contracting State is a condition for entitlement to pension and sickness benefits (insurance), residence in the territory of the other Contracting State shall not be deemed to be abroad unless this Treaty provides otherwise.
Cash benefits of pension and sickness insurance (sickness insurance) to which entitlement under the legislation of one Contracting State is granted shall not be reduced, altered, stopped, withdrawn or confiscated on the grounds that a person is staying in the territory of the other Contracting State.
APPLICATION OF LEGISLATION
Unless otherwise provided for in Articles 8 and 9, participation in pension and occupational sickness insurance shall be governed by the law of the Contracting State in whose territory the occupation is carried out.
(1) Where a staff member is seconded by an employer based in the territory of one Contracting State to the territory of the other Contracting State, the legislation of the first Contracting State shall apply until the end of the 24 calendar month following such secondment as if he were still employed in his territory.
(2) Where an employee of an international air, rail, road or river transport company based in the territory of one Contracting State is posted from its territory to the territory of the other Contracting State, the legislation of the first Contracting State shall continue to apply as if he were still employed in its territory.
(3) The crew of a seagoing ship and other persons employed on a seagoing ship are subject to the legislation of the Contracting State whose flag the ship is flying.
(1) Diplomats and members of the diplomatic corps of the Contracting States are excluded from the legislation in force in the recipient State as regards their activities for the sending State.
(2) (a) The exemption referred to in paragraph 1 shall also apply to members of the administrative and technical staff of the mission, as well as to members of the staff of the mission, who are neither citizens of the recipient State nor have permanent residence therein.
(b) Notwithstanding the provisions of subparagraph (a), members of the mission's administrative and technical staff who are citizens of a sending State resident in the recipient State may, within three months of the beginning of their employment, elect to apply the legislation of the sending State.
(3) The exemption provided for in paragraph 1 shall also apply to private domestic staff employed exclusively by a diplomat or a member of the diplomatic corps, provided that:
(a) are neither citizens of the recipient State nor resident in that State; and
(b) are subject to legislation in force in the sending State or in a third State.
(4) Where a diplomat or a member of the diplomatic corps employs persons who are not covered by the exemption provided for in paragraph 3, the legislation in force in the beneficiary State shall apply.
(5) Paragraphs 1 to 4 apply mutatis mutandis to members of consular representations and to members of domestic staff employed exclusively in their service.
(1) At the joint request of the staff member and his employer, the competent authorities of both Contracting States may, in agreement, provide for derogations from Articles 7 to 9.
(2) Where the laws of one Contracting State apply to staff members referred to in paragraph 1, even if they are employed in the territory of the other Contracting State, the legislation shall apply as if they were employed in the territory of the first Contracting State.
SPECIAL PROVISIONS
Pension insurance
(1) The scope and manner of assessment of the periods of security is governed by the law of the Contracting State in which the periods of retirement are acquired and by the provisions of Article 20 of this Treaty.
(2) Where a person participating in pension insurance in the territory of both Contracting States is entitled to a pension in one or both Contracting States only taking into account the periods of security obtained in his own territory, such pension shall be granted by the competent security carrier of that Contracting State.
(3) If the pension entitlement referred to in paragraph 2 is not established in a Contracting State, the competent security holder of that State shall assess the pension entitlement taking into account the periods of security obtained in both Contracting States as follows:
(a) the security holder of the Contracting State shall establish whether, under its law, a person fulfils the conditions for entitlement to a pension, taking into account the sum of the periods of security in both Contracting States;
(b) If there is a pension entitlement, the security holder shall first calculate the theoretical amount of the pension that would have been due if all the periods of security attributable to the legislation of the two Contracting States had been evaluated exclusively under the legislation in force.
(4) On the basis of the theoretical amount of the pension, the security holder shall grant a pension equal to the ratio between the length of the security period assessed under his legislation and the total security period obtained under the legislation of both Contracting States.
(5) If the period of security in the second Contracting State is less than one year, the right to a pension shall not arise against the security holder of that Contracting State; that period shall be counted as if it had been obtained within the territory of the Contracting State granting the pension.
(6) In accordance with the procedure laid down in this Article, security periods which overlap shall be counted only once.
The survivors' pensions are granted and paid by the security holder of the Contracting State whose pensions are considered or would be considered as pensions from which the survivors' pensions are assessed.
Other pension benefits (education allowance, supplementary education allowance, increase of pension for helplessness, childbirth and funeral allowance) are granted and paid by the security holder of the contract State which pays the pension. Where the pension is paid by the security holders of the two Contracting States, those benefits shall be granted and paid by the security holder of the Contracting State in whose territory the beneficiary is resident. Where two persons with a permanent residence in different Contracting States are entitled, they shall be responsible for the payment of the education allowance and the allowance to the educational carrier of the security of the Contracting State in whose territory the child is resident.
Insurance against sickness (insurance)
Benefits of sickness insurance (insurance) shall be granted and paid to the extent and under conditions specified by their own legislation by the competent security holders of the Contracting State where the person is insured (secured).
If a certain period of security is required for entitlement to the benefit, security periods obtained in the other Contracting State shall be included; security periods overlapping shall be counted only once.
Where, in accordance with the legislation, the conditions for the grant of child allowance (child allowance) or one-off benefits (childbirth aid, burial aid) in both Contracting States are laid down in this Treaty, the security provider of the State of residence of the beneficiary shall grant and pay the benefit to the beneficiary and the deceased. Where two persons are entitled, but with a permanent residence in different Contracting States, they shall be responsible for the payment of child-benefit allowances and child-benefit allowances by the holder of the security of the Contracting State in whose territory the child is resident.
State social benefits
State social benefits are granted and paid under the conditions laid down by the law of the Contracting State in whose territory the citizen of the Czech Republic or the Slovak Republic has permanent residence.
Social welfare benefits and services
Benefits and social welfare services shall be granted and paid under the conditions laid down by the law of the Contracting State in whose territory the citizen of the Czech Republic or the Slovak Republic has permanent residence.
A citizen of the Czech Republic or of the Slovak Republic who does not reside permanently in the territory of the second Contracting State shall be granted welfare benefits and services only in urgent cases of life or health threats requiring immediate resolution; their remuneration and financial settlement arrangements shall be determined by an administrative arrangement.
COMMON PROVISIONS
(1) The periods of security acquired before the date of division of the Czech and Slovak Federal Republic are considered to be the periods of security of the Contracting State in whose territory the citizen's employer was established on or before the date of division of the Czech and Slovak Federal Republic.
(2) If, on the date of division of the Czech and Slovak Federal Republic, or last before that date, the citizen did not have an employer based in the Czech and Slovak Federal Republic, the security periods obtained before that date shall be considered as the security periods of the Contracting State in whose territory the citizen had permanent residence on the date of division of the Czech and Slovak Federal Republic or last before that date.
(1) The competent authorities shall, in an administrative arrangement, lay down the necessary measures for the implementation of this Treaty.
(2) Security carriers shall provide each other with free administrative assistance (administrative operations and services), communicate the data and information necessary for the assessment of claims.
(3) Benefits to the second Contracting State shall be paid in accordance with a payment agreement negotiated between the two Contracting States, if such agreements were not to exist, in the currency convertible in the Contracting State of the recipient of the benefit.
(4) Security carriers shall mutually recognise the documents issued by the competent authorities of the other Contracting State; the assessment of the state of health and the working capacity of persons for the purpose of providing benefits contingent upon unfavourable health falls within the competence of the competent authority of the Contracting State whose carrier is to provide the benefit.
(1) Applications, appeals and other submissions which are submitted in the course of the implementation of this Treaty or of the legislation of one Contracting State to the competent authority, to the provider of security, to another competent authority or to the court of one Contracting State shall be considered as applications, appeals and other submissions submitted to the competent authority, to the provider of security, to another competent authority or to the court of the other Contracting State.
(2) Proposals and appeals which must be lodged within the prescribed period by the security carrier or the competent court of one Contracting State shall be deemed to have been lodged in due time if they have been served within the prescribed period by the security carrier or the competent court of the other Contracting State.
(3) Applications, appeals and other submissions in respect of the social security of citizens of one Contracting State lodged with a security carrier or with the competent court of the other Contracting State may not be rejected on the ground that they are written in the official language of the first Contracting State.
(1) The liaison between the competent authorities, the security holders, the competent authorities and the courts of the two Contracting States in the implementation of this Treaty shall take place directly.
(2) Security bearers, competent authorities and courts of both Contracting States provide mutual assistance in social security to the same extent as if they were carrying out their own social security.
The consultations of the two Contracting States shall be subject to the right to represent (personally or by a person empowered by them) the citizens of his Contracting State before the competent authorities, the carriers of security, the competent authorities and the courts of the other Contracting State.
Medical examinations for the purposes of social security of persons staying in the territory of the second Contracting State shall be carried out at the request of the security holder of the first Contracting State under the same conditions as for the security holder of the second Contracting State.
Where hardness occurs in the implementation of this Treaty, the competent authorities of both Contracting States may agree on the application of the provisions of this Treaty. Similarly, it shall be done in cases where the interpretation is different in its implementation. If no agreement is reached, the competent authorities of the Contracting States shall agree on the next procedure.
SPECIAL ADJUSTMENTS FOR COMPETENT RELATED STRENGTH AND COLLECTION
The other provisions of this Treaty shall apply to benefits paid by the social security authorities of the armed forces and the corps, unless otherwise provided for in this Part.
National social benefits for the purposes of this Treaty shall also be regarded as recurrent benefits relating to the termination of the service of members of the armed forces and corps.
Pension benefits paid by the social security authorities of the armed forces and corps shall be considered as pension benefits of the Contracting State in whose territory they are legally resident on the date of division of the Czech and Slovak Federal Republic. The competent authority of that Contracting State shall be responsible for the payment of such benefits.
The period of service (employment) held before the date of division of the Czech and Slovak Federal Republic in the territory of the second Contracting State shall be considered as the period of service (employment) in the territory of the Contracting State whose competent authority will grant a pension. This service (employment) shall be evaluated to the same extent and under the same conditions as those laid down by the regulations in force at the date of division of the Czech and Slovak Federal Republic.
(1) If one of the benefits referred to in Article 28 has been paid under the legislation on the service relationship which will cease to exist on the date of the division of the Czech and Slovak Federal Republic, the benefit shall be deemed to be in accordance with the legislation of the Czech Republic or the Slovak Republic on the conditions of service, at the rate that the benefit was due on the date of division of the Czech and Slovak Federal Republic and shall be subject to the legislation of the Contracting State whose competent authority will pay the benefit.
(2) The amount of this allowance shall always be determined according to the legislation under which the service ended.
If the current authorities have not decided on the entitlement to benefit by the date of division of the Czech and Slovak Federal Republic, the documentation shall be forwarded to the competent authority of the Contracting State in whose territory the applicant resides.
TRANSITIONAL AND FINAL PROVISIONS
Pensions awarded from a date that falls within the period prior to the division of the Czech and Slovak Federal Republic, the security holders of the Czech Republic or the Slovak Republic, shall continue to be treated as pensions of the contract State whose security carrier was or would have been responsible for the payment of these pensions on the date of division of the Czech and Slovak Federal Republic.
(1) This Treaty shall enter into force after it has been approved by both Parties under their respective constitutional requirements. The Treaty shall be applied on a provisional basis as from 1 January 1993.
(2) The contract is concluded for an indefinite period. Each Contracting State may denounce it in writing by diplomatic means. The period of notice shall be 12 calendar months and shall begin on the first day of the calendar year following receipt of the statement by the other Contracting State.
(3) If this Treaty is terminated, the rights acquired under its provisions are maintained.
This contract is drawn up in two copies, each in the Czech and Slovak languages, the two texts being equally authentic.
Dane in Prague on 29 October 1992
For the Czech Republic:
Václav Klaus v. r.
For the Slovak Republic:
Vladimir Meciar v. r.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 228 / 1993 Coll., on the Agreement between the Czech Republic and the Slovak Republic on Social Security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.08.1993 |
|---|---|
| Effective from | 03.05.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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