Decree No. 261 / 1948 Coll.
Decree on the Convention between the Republic of Czechoslovakia and the Republic of Poland on Social Insurance
Valid
Effective from 01.10.1948
261.
Decree of the Minister for Foreign Affairs
of 15 November 1948
concerning the Convention between the Republic of Czechoslovakia and the Republic of Poland on Social Insurance.
The Convention on Social Insurance with the Final Protocol was negotiated in Warsaw between the Czechoslovak Republic and the Republic of Poland on 5 April 1948.
This Convention and the Final Protocol were approved by the Government at its meeting on 13 April 1948 and were ratified on 28 July 1948 by the President of the Republic.
The replacement of instruments of ratification was carried out in Prague on 15 September 1948.
Pursuant to Article 24 of the Final Protocol, the Convention became effective on the first day of the month following the exchange of instruments of ratification, i.e. 1 October 1948.
The text of this Convention and the Final Protocol shall be published in the Annex to the Collection of Laws. *)
Dr Clementis v. r.
Annex to the Order of the Minister for Foreign Affairs of 15 November 1948, No. 261 Coll., on the Convention between the Republic of Czechoslovakia and the Republic of Poland on Social Insurance.
Convention
between the Republic of Czechoslovakia and the Republic of Poland on social insurance.
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NAME OF THE REPUBLIC OF CZECH
A
THE REPUBLIC OF POLAND,
_
THIS CONVENTION WITH THE FINAL PROTOCOL:
Convention
between the Republic of Czechoslovakia and the Republic of Poland on social insurance.
The President of the Czechoslovak Republic, with one party and the President of the Republic of Poland, of the other party, led by the wish to facilitate social security contacts in the spirit of the agreement on friendship and mutual assistance between the Republic of Czechoslovakia and the Republic of Poland, decided to conclude a convention to that end and appointed their agents who, having exchanged their full powers and found them in good and proper form, agreed on the following provisions:
A. General provisions.
(1) The principle of equal treatment of nationals of the other State as regards the right to social security is confirmed by this Treaty and will continue to be maintained in all sectors of social insurance which are already there and in sectors which are yet to be established in one or the other. This principle applies in particular to unemployment insurance (provision).
(2) When implementing all sectors of social security, the legislation of the State in whose territory the employment applicable to insurance is carried out shall apply, subject to paragraph 3 to 6.
(3) Insurance of employees of diplomatic and consular councils and other public administrations (customs, passport, etc.) of one State having their registered office in the other State shall be subject to the legislation of the sending State if such staff are members of that State. The same applies to the insurance of persons employed by officials of designated offices. However, if the employer so requests, sickness insurance (sickness and maternity insurance) or other social insurance sectors shall be governed by the legislation of the recipient State.
(4) For insurance:
(a) staff seconded by an undertaking (employer) having its registered office (s) in one State for temporary employment in the territory of another State which shall not last more than six months;
(b) staff in excess of agricultural or forestry undertakings having their registered office in the territory of one of the two States if they are employed in a part of an undertaking situated in the other State;
(c) employees of public transport undertakings of land, river and air of one State who are employed temporarily or permanently in the border territory (Article 2) of the State of the other (in connection with connection lines, cross-border lines, border or transit stations, ports, air services), the legislation of the State in which the administration of the undertaking to which such staff are subject in their personal matters shall apply.
(5) Staff of public transport undertakings (paragraph 4) having their head office in the territory of one of the two States, if they are employed continuously for more than six months in the territory of the other State outside the border territory, are insured under the legislation of the State in which they are resident.
(6) The highest administrative authorities of both States may, by mutual agreement, negotiate other exceptions or also agree that the exceptions referred to in paragraphs 3 to 5 shall not be maintained either at all or in certain cases.
(7) The application of the legislation of one State referred to in paragraphs 2 to 6 shall result in the holders and courts of social insurance and the administrative offices of that State being responsible for carrying out social insurance.
(8) Where, for persons covered by paragraphs 4 to 6, there is a need for medical treatment at the time of their stay in the territory of the other State, the carrier of the sickness insurance of that State responsible for the place of residence shall provide those persons with medical treatment; expenditure shall be borne by the debtor of the sickness insurance scheme of the first State.
The highest administrative authorities of the two States shall, by agreement, define the scope of the border territory, based on the principle that border territories are to be understood in particular by those neighbouring territories where the work of persons residing in the other State usually takes place.
(1) Where there is a dispute between the holders or social insurance courts or between the administrative authorities of the two States as to whether the rights of one or the other State are to be exercised, appropriate interim care shall be provided, unless decided pursuant to Article 23.
(2) To provide the said care they are called in this order
(a) the carrier of the insurance which actually carried out the insurance at the time of the insurance case;
(b) the bearer of the insurance for which the claim for the contested premium rate was first declared.
(3) If the necessary interim care has been refused or provided to a large extent, the supervisory authority shall require the holder of the insurance to provide interim care and determine the amount of benefits.
(4) The holder of the insurance, recognised as being responsible, will reimburse the holder of the insurance which provided the interim care with the costs incurred, but not more than the amount (value of the benefits) which he is himself obliged to provide under the rules in force to him, and shall set aside the eligible cash amounts provided for interim care into the benefits to be provided.
(1) In respect of social security benefits, members of the other State are treated as nationals unless otherwise provided for in this Convention or by mutual agreement between the highest administrative authorities.
(2) Where residence in the territory of one of the two States is a condition for the provision of benefits of cash or medical (including therapy, orthopaedic and other aids) from the insurance of that State, residence in the territory of the other State shall be deemed to be a residence in the territory of the State whose carriers are obliged to provide benefits, unless otherwise provided for in this Convention.
(3) Citizens of one of the two States residing in the territory of a third State shall be paid benefits to the same extent as their own citizens of a State whose carrier is obliged to provide benefits.
(4) Social insurance claims of one State belonging to nationals of that State on the basis of periods of employment and equivalent to those established in the territory of a third State, or on the basis of accidents at work (occupational diseases) suffered in the territory of a third State, do not belong to nationals of another State.
The laws of one State under which the benefit is reduced or rest if the recipient of the benefit is entitled to another benefit from social insurance or if he is employed in a way which establishes an insurance obligation shall also apply if he is entitled to another State's social insurance or employment in the territory of another State.
(1) Carriers of both States are exempt from their cash obligations in the currency of their State.
(2) The highest administrative offices of the two States may, by means of a special agreement within the framework of the general rules on payment, determine the means of payment of benefits belonging to beneficiaries from one State residing in the other State.
(3) The highest administrative authorities of the two States may, by mutual agreement, determine that the holder of insurance of one State is entitled, under the agreement of the holder of insurance of the other State, to take over the undertaking of that carrier of insurance for the provision of benefits if the latter gives him the appropriate remuneration capital. The benefit will continue to be provided according to the rules applicable to the transferee holder of the insurance, at an amount corresponding to his / her figures and to the paid-up capital.
It is the right of the Consensus of the two States to represent (personally or by a person empowered by them) the citizens of their State in the field of social insurance before the holders and courts of social insurance, as well as the administrative authorities of the other State. The national provisions requiring representation by a lawyer or another person with knowledge of rights shall be without prejudice to this.
(1) Applications, actions and other submissions in respect of social insurance of members of one State, lodged with the holders or courts of social insurance, as well as with the administrative offices of the other State, will not be rejected on the ground that they are written in the official language of the first State.
(2) Proposals, actions and appeals which must be lodged within a certain period of time to the rightholders or courts of social security or the administrative offices of one of the two States shall be deemed to have been lodged in due time if they have been received within the prescribed period by the provider or court of social insurance or by the administrative office of the other State. In such cases, the application shall be sent without delay either to the highest administrative office or directly to the competent insurance holder, the court or administrative office of the other State.
(3) Documents, certificates and other files submitted under this Convention need not be verified by diplomatic or consular authorities.
(4) The provisions on exemption or relief from tax on the implementation of own social insurance in the State alone shall apply equally to the implementation of social insurance in the other State.
(1) The relationship between the holders and social insurance courts and the administrative offices of the two States in the implementation of this Convention shall take place directly.
(2) Carriers and social insurance courts, as well as the administrative authorities of the two States, will provide mutual assistance in the field of social insurance to the same extent as if it were the implementation of their own social insurance.
(3) The claims of social security holders of one State on arrears of insurance premiums are enjoyed in the execution, bankruptcy and settlement proceedings in the State of the other State of the same priority rights as the corresponding claims of the holders of insurance of the other State.
The contributions paid by the holders of social insurance of one State to be paid to the holders of insurance of another shall be referred to the competent holders of social insurance. Such contributions shall be deemed to have been paid to the competent holder of the second State on the date on which they were paid to the holder of the State's insurance. The contributions paid on a voluntary basis shall be divided into classes in the most favourable way for insured persons.
B. Detailed provisions.
I. Insurance against sickness (sickness and maternity insurance).
(1) If the insured person is transferred from sickness insurance (sickness or maternity insurance) to insurance of the same type to the other State, the carrier of the insurance of the other State shall, until the period required for entitlement to benefits, account shall be taken of the period of insurance spent with the carrier of the first State's insurance.
(2) The policyholder of one State which is obliged to provide benefits to beneficiaries resident in the territory of another State provides such benefits (both cash and in kind) through the requested policy holder of the other State, responsible for the place of residence of the creditor. Benefits in kind shall be provided by the requested insurance holder in accordance with his own rules, unless otherwise specified in the request. The necessary medical care shall be provided by the competent carrier of the insurance of the other State without any request. The requested insurance holder shall be replaced by the actual incurred expenses; for the reimbursement of the costs of benefits in kind, the rates to be applied by the requested insurance holder to his own insured persons and their authorised family members.
(3) However, the obligor of an insurance undertaking of one State may provide benefits directly to authorised persons residing in the neighbouring border territory (Article 2) of the other State.
(4) With the permission of the highest administrative authorities, the holders of sickness insurance may negotiate details and, where appropriate, agree that the cost of benefits for members of the family will be borne by lump sums.
(1) Article 11 (2) to (4) applies mutatis mutandis to the provision of medical treatment to persons receiving an accident insurance pension and to the pension insurance of one State resident in the territory of another State, provided that, under the legislation of the first State, medical treatment is provided to pensioners and their family members. With the permission of the highest administrative authorities, insurance holders may negotiate details and, where appropriate, agree that the cost of medical care will be paid by lump sums.
(2) Where the holders of insurance of both States provide pensions in accordance with the provisions of Article 14 (2) (part-income), the costs of medical care for pensioners and their family members shall be borne by the competent holder of the insurance of the beneficiary State of residence.
II. Accident insurance.
Article 11 (2) to (4) shall apply mutatis mutandis to the treatment and provision of therapy and orthopaedic and orthopaedic aids, accidents at work and occupational diseases.
III. Pension insurance.
(1) In the case of persons who have been insured gradually in both countries in pension insurance or in replacement insurance, the period of contribution and the period of replacement to achieve the waiting period, for the maintenance or renewal of waiting, for the admissibility of the voluntary continuation of insurance and for the occurrence of the insurance obligation, shall be added. The periods obtained on the basis of the same type of employment in both countries shall be added up if a certain duration of such employment is a condition for the grant of a pension.
(2) In the event of an insurance case, the holders of the two States shall grant a pension to which they are entitled under national rules, taking into account paragraph 1 of this Article. National contribution periods shall be taken as the basis for the assessment of the pension. However, the basic amount shall be paid only in proportion to the ratio of national periods to the sum of contribution periods in both States. If the amount of the pension depends on the length of the insured period without the basic amount being fixed, the basic amount of the invalidity pension which would have been payable should the waiting period have been completed only. Like the basic amount, other parts of benefits whose size depends on the length of the insured period are divided. However, where pensions are provided at a fixed rate independent of the length of the insured period, two thirds of the pension shall be deemed to be basic. The minimum pension provision shall not apply to partial pensions under this Convention.
(3) The reductions under the previous provisions shall not take place if at least 12 eligible contribution months (52 contribution weeks) have not been obtained in one of the two countries; in that case, there is no claim against the holder of the insurance of that State.
(4) If the person affected by an accident at work or an occupational disease has not completed the waiting period in either of the two States, the pension shall be payable only from the carrier of the insurance against whom the insured person was insured at the time of the occurrence of the insurance case.
(5) The provisions of paragraph 1 shall apply to the assessment of entitlement to death grants, but the claim shall only be for the last holder of the insurance for which at least 12 months (52 weeks) have been obtained. The provisions of this Article shall not apply to other lump sums.
(6) The decision of the holder of insurance of one State that there is an invalidity of general or occupational disability shall be binding on the holder of insurance of the other State if the terms of invalidity in both States agree in substance.
(7) If this proves necessary, the national administrations of the highest administrative authorities shall agree on how this Article is to be implemented.
(1) Where waiting periods, obtained in insurance in one State, are maintained at the time the insurance obligations are incurred in the other State, waiting periods obtained in both States shall be maintained if waiting periods are maintained taking into account the provisions of Article 14 (1) in at least one State.
(2) The waiting period, obtained in insurance in one State, is maintained for the duration of the old age pension from pension insurance in the other. The law of one State that, by receiving an accident pension, a waiting period, obtained in pension insurance, applies to the benefit of an accident pension from insurance in another State.
(3) If a person insured in one State transfers to the territory of another State, he may voluntarily continue - unless he is subject to compulsory insurance - either in the last insurance or in a similar insurance sector to another State. The admissibility and conduct of the voluntary continuation of insurance shall be governed, taking into account the provisions of Article 14 (1), by the legislation of the State with which the holder of the insurance has submitted an application for the voluntary continuation of insurance.
If the conditions of entitlement to a pension are met in only one State, the pension is payable
(a) under national rules where the conditions of entitlement are fulfilled without taking into account the provisions of Articles 14, 1 and 15;
(b) in the shortened area provided for in Article 14 (2), provided that the conditions of entitlement are fulfilled only taking into account the provisions of Articles 14, (1) and 15.
An application for a benefit under this Convention may be lodged with any carrier of insurance against whom the applicant has been insured. The carrier of the insurance against which the application has been lodged shall inform the other holders of the insurance covered by the application. Where the application of the provisions of Article 14 (6) is made, the holder of the insurance shall decide on the invalidity, responsible for the applicant's permanent residence on the day on which the application is lodged.
(1) The provisions of the Convention, concluded by one of the two States with a third State in the field referred to in Article 14 of the Convention, will be taken into account in the implementation of Article 14 as national provisions of the First State, provided that nationals of the Second State are treated as nationals of the First State in those provisions of the Convention.
(2) If one of the two Contracting States takes into account, in accordance with its national rules, periods of insurance (replacement) spent by its citizens in the territory of a third State as periods spent on its own territory, the other Contracting State shall, in application of the provisions of Article 14, treat those periods as periods spent on the territory of the first State.
IV. Insurance (provision) for unemployment.
Benefits from insurance (provision) in the event of unemployment of one State shall be granted to nationals of the other State only if they reside in the territory of the first State.
C. Transitional and final provisions.
(1) The provisions of this Convention shall apply from the date of its effectiveness and in the case of past insurance cases. Proceedings may be initiated ex officio, but must be initiated if the beneficiary or the holder of the insurance of the other State so requests. Articles 5 and 14 to 18 shall not apply if the pension has already been granted in the two States before the Convention is effective.
(2) Benefits under this Convention shall not be granted for a period prior to its application. If the pension still provided was higher than the pension payable under this Convention, the beneficiary shall not be obliged to repay the difference. If one-off benefits have been provided for the expiry of the waiting period, they shall be counted against the pension benefits due, except that the insurance case occurred before 1 January 1939.
(3) The application of the provisions of this Convention shall also take account of periods of insurance (replacement) which have been acquired before its effect.
(4) Waiving, obtained in pension insurance in one State by members of the other State and retained, taking into account the provisions of Articles 14 (1) and 15 (1) and (2) on 30 September 1938, shall be deemed to be maintained until the date of signature of this Convention.
(1) The provisions concerning the implementation of this Convention shall be adopted separately in each of the two States. Such provisions shall be communicated to the highest administrative office of the other State.
(2) The highest legal authorities of both states will immediately communicate to each other the changes made to national social insurance legislation.
The highest administrative authority within the meaning of this Convention is the Czechoslovak Ministry of Social Welfare, the Polish Ministry of Labour and Social Welfare.
(1
(2) Disputes arising in the implementation of this Convention or any additional agreements referred to in the preceding paragraph shall be settled by the highest administrative authorities of the two States by mutual agreement.
(1) The Convention will be ratified as soon as possible. After the ratification is carried out, the instruments of ratification will be replaced without delay in Prague. The Convention shall enter into force on the first day of the month following the exchange of instruments of ratification.
(2) Each of the two States may denounce this Convention at least six months in advance at the end of the calendar year.
(3) If this Convention is terminated, the insurance holders will be obliged to continue to pay pensions on its basis in insurance cases for its effectiveness. Waiving which has been maintained under this Convention on the date of its expiry shall continue to be maintained under national law.
Done in duplicate, each in the Czech and Polish languages; both texts are considered authentic.
On the conscience of the agents, they signed this treaty and sealed it with their seals.
In Warsaw on 5 April 1948.
E. ERBAN
L.S.
K. RUSINEK
L.S.
Final protocol.
When signing the Convention between the Republic of Czechoslovakia and the Republic of Poland on social insurance, both Parties agree on the following:
I.
Article 1 (5).
Where a public transport undertaking orders a member of its staff of one State who is a national of that State to pursue employment in the territory of another State, residence in the territory of the other State shall not be regarded as permanent residence even if it lasts for more than six months. In such cases, it is recommended to conclude a specific agreement in accordance with Article 1 (6) as regards sickness insurance (sickness and maternity insurance).
II.
Article 4, paragraphs 2 to 4.
The territory of one of the two States shall be deemed to be the territory in which, at the time this Convention enters into force, the provisions on social security of that State apply. Periods spent before 1 May 1945 by members of any of the two States in the territory of a State of the Union of Soviet Socialist Republics shall be deemed to have been spent in that State.
III.
Article 14 to 20.
Article 14 and Article 20 of the Convention shall not apply
(a) nationals of the German Empire;
(b) nationals of the Republic of Austria who were not Austrian nationals on 12 March 1938;
(c) to persons of German nationality who have ceased to be Czechoslovak or Polish nationals and who do not reside in the territory of any of the two States on the date of signature of the Convention.
IV.
(1) The provisions of the Convention and of this Protocol relating to accident insurance shall apply mutatis mutandis to an accident measure which replaces public accident insurance.
2. The provision of family allowances (family insurance) shall not be considered as part of the social insurance system when implementing the Convention.
This Final Protocol forms an integral part of the Convention on Social Insurance between the Republic of Czechoslovakia and the Republic of Poland and has been drawn up in duplicate, each in the Czech and Polish languages; both texts are considered authentic.
In Warsaw on 5 April 1948.
E. ERBAN
L.S.
K. RUSINEK
L.S.
INDIVIDUAL CONVENTION WITH THE FINAL PROTOCOL OF APPROVAL AND CONFIRMING THEM.
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PRESIDENT OF THE REPUBLIC OF CZECH REPUBLIC:
KLEMENT GOTTWALD v. r.
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Dr V. CLOMENTIS v. r.
On page 27.
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Regulation Information
| Citation | Decree No. 261 / 1948 Coll., on the Convention between the Republic of Czechoslovakia and the Republic of Poland on Social Insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.12.1948 |
|---|---|
| Effective from | 01.10.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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