Decree No. 3 / 1958 Coll.
Declaration on the Convention between the Czechoslovak Republic and the Federal People's Republic of Yugoslavia on Social Insurance
Valid
Effective from 01.12.1957
3
Decree of the Minister for Foreign Affairs
of 6 February 1958
concerning the Convention between the Czechoslovak Republic and the Federal People's Republic of Yugoslavia on Social Insurance.
On 22 May 1957, the Convention between the Czechoslovak Republic and the Federal People's Republic of Yugoslavia on Social Insurance was negotiated in Belgrade.
The National Assembly gave its consent to the Convention on 5 July 1957 and was ratified by the President of the Republic on 27 September 1957. The instruments of ratification were exchanged in Prague on 28 November 1957.
Pursuant to Article 36 of the Convention, the Convention entered into force on 1 December 1957.
The Czech version of the Convention is published in the Annex to the Collection of Laws. *)
David v. r.
CONVENTION
between the Czechoslovak Republic and the Federal People's Republic of Yugoslavia on social insurance
The Czechoslovak Republic and the Federal People's Republic of Yugoslavia wish to regulate social insurance issues in mutual cooperation and to believe that such cooperation will serve to strengthen friendly relations between the two countries, have decided to negotiate the Convention on Social Insurance and have therefore agreed on the following provisions:
Basic provisions
For the purposes of this Convention, the terms:
(a) "social insurance" - social insurance, in the case of social security under the legislation of the relevant Contracting Party;
(b) "legislation" - the laws and other laws which are set out for each of the Contracting Parties in Article 2 of this Convention;
(c) "staff" means persons employed and assimilated to them under the legislation of the relevant Contracting Party;
(d) "authorised persons" - persons covered by social security rights under the laws of the Contracting Party concerned, for example, employees and persons assimilated to them, members of agricultural and production cooperatives, self-employed persons, pensioners and family members of those persons;
(e) "directly authorised persons" means persons who do not derive their social security rights from another authorised person;
(f) "periods of insurance (employment)" means periods of insurance (employment) which are counted according to the legislation of the relevant Contracting Party for entitlement to the benefit and its assessment, including periods of voluntary insurance as well as periods assimilated to periods of insurance (employment);
(g) "sickness and maternity benefits in kind" - all benefits in kind in respect of such insurance, including preventive and medical care.
(1) The legislation governing the following social insurance sectors shall apply in the implementation of this Convention:
(a) sickness and maternity insurance;
(b) insurance against invalidity, old age and death, including accidents at work and occupational diseases (pension insurance);
(c) child allowances.
(2) This Convention also applies to the application of legislation amending or supplementing the legislation referred to in the preceding paragraph.
The Czechoslovak and Yugoslav citizens are equated in the rights and obligations arising from the legislation referred to in Article 2 of this Convention.
Where the term of insurance, employment or other activity is to be taken into account when deciding on social insurance claims, the social insurance authority of each Contracting Party shall also count the relevant periods to be taken into account under the legislation of the other Contracting Party.
(1) The laws in force at the place of activity of the directly authorised persons shall apply in the implementation of this Convention, unless otherwise specified in the specific provisions of this Convention.
(2) The following exceptions shall apply from the principle set out in the previous paragraph:
(a) staff seconded by an undertaking which has its registered office in the territory of one Contracting Party for temporary employment in the territory of the other Contracting Party shall be subject to the legislation of the Contracting Party in whose territory the undertaking has its registered office;
(b) employees of foreign trade and transport undertakings, including air transport undertakings of one of the Contracting Parties, who are temporarily or permanently employed in the territory of the other Contracting Party, shall be subject to the legislation of the Contracting Party where the undertaking has its registered office. However, if those persons are citizens of the Contracting Party in whose territory they are employed, they shall be subject to the legislation of their State;
(c) the crew of the vessel shall be subject to the legislation of the Contracting Party whose flag they fly.
Persons employed in the diplomatic and consular representative offices of the Contracting Parties and persons employed therein shall be subject to the legislation of the Contracting Party in whose territory they are resident. This also applies to persons employed at state and other public establishments, offices and organisations.
The competent authorities of the Contracting Parties may provide for derogations from the provisions of Articles 5 and 6 of this Convention by a separate agreement.
Specific provisions
Insurance against sickness and maternity
(1) One-off cash sickness and maternity insurance benefits, which are determined independently of the amount of the earnings of the person directly entitled, shall be provided by the Social Insurance Institution of the Contracting Party in whose territory the person to whom the benefits are paid, according to its legislation and on its behalf, was resident at the time of entitlement.
(2) Recurring sickness and maternity insurance cash benefits, as well as lump-sum cash benefits from such insurance, the amount of which depends on and the amount of the earnings of the directly entitled person, shall be provided by the Social Insurance Institution, in accordance with its legislation and on its behalf, with which the directly entitled person is insured at the time of entitlement to those benefits. If the beneficiary obtains entitlement to such social security benefits from both Contracting Parties, the same entitlement may be exercised only with the Social Insurance Institution of one Contracting Party; for the provision of benefits, the authority with which the beneficiary is actively insured.
(3) If, at the time of receiving the benefit referred to in the preceding paragraph, the beneficiary resides in the territory of the other Contracting Party, the social insurance authority which is obliged to provide the benefit may entrust the payment of the benefit to the social insurance authority of the other Contracting Party. Payments made in this way shall be replaced by the social insurance institution which is obliged to provide the benefit by the body which made the payment.
In determining cash sickness and maternity insurance benefits, account shall be taken only of earnings earned in the territory of the Contracting Party whose social insurance institution is obliged to provide benefits.
(1) Benefits in kind from sickness and maternity insurance shall be granted on account of the competent authority of the Contracting Party in whose territory the beneficiary is present. This shall also apply to persons referred to in Article 5 (2) and Article 6, with the exception of diplomatic and consular staff. The details, in particular the scope of the benefits, shall be determined by agreement by the competent authorities of the two Contracting Parties.
(2) The competent authorities of the Contracting Parties may agree separately that the provisions of the preceding paragraph shall also apply to professional diplomatic and consular personnel.
Child allowance
(1) The child allowance shall be granted by the Social Insurance Institution of the Contracting Party in the territory of which the child is directly entitled.
(2) If the child to whom the child allowance belongs is transferred to the territory of the other Contracting Party, the payment of that allowance shall cease on the date of the resettlement and the social security authority of the other Contracting Party shall grant child allowance in accordance with its legislation and on its behalf.
The allowances for children residing in the territory of a third State shall be granted by the Social Insurance Institution of the Contracting Party whose legislation is directly subject to the rights of the beneficiary, in accordance with its legislation and on its behalf.
Pension insurance
When determining pension benefits under the provisions of this Convention, the social insurance authorities of the two Contracting Parties shall proceed as follows:
(a) the social insurance authority of each of the Contracting Parties shall decide, in accordance with its legislation and with Article 4 of this Convention, whether the beneficiary fulfils the conditions for entitlement to benefit;
(b) where the conditions for entitlement to benefit are met, the social security authority of each Contracting Party shall first determine the benefit as if the total period of insurance (employment), calculated in accordance with Article 4 of this Convention, was obtained exclusively under its legislation;
(c) the social insurance institution of each of the Contracting Parties shall determine the amount of the benefit which it is obliged to provide according to the ratio of the insurance period (employment) obtained under its legislation and the total insurance period (employment) obtained under the legislation of both Contracting Parties.
If the period of insurance (employment), obtained under the legislation of one Contracting Party, is less than six months, there is no entitlement to benefit against the Social Insurance Institution of that Contracting Party. The social security authority of the other Contracting Party which provides the benefit in this case shall not reduce the benefit referred to in point (c) of the previous Article.
Where the conditions for entitlement to benefit under the legislation of both Contracting Parties are not met at the same time with the beneficiary, he shall provide that person with his share of the benefit provided for in Article 13 of this Convention, the social security authority of the Contracting Party under whose legislation these conditions are met. If the conditions for entitlement to benefit are fulfilled in addition to the legislation of the other Contracting Party, the social insurance authorities of both Contracting Parties shall decide on the benefit again.
Where the total amount of benefit, determined in accordance with Article 13, is less than the amount of benefit provided for in Article 15 of this Convention, which would belong to the beneficiary under the legislation of one Contracting Party only on the basis of the period of insurance (employment) in the territory of that Contracting Party, the social security authority of that Contracting Party shall increase the benefit to be granted by an amount equal to the difference between those benefits.
(1) The provisions on pension insurance also apply where invalidity is caused by an accident at work or an occupational disease. However, the increase in the benefit, after the benefit which is granted in such cases in excess of the invalidity benefit resulting from the general illness, shall be granted exclusively by the social insurance institution of the Contracting Party whose legislation applies to the recipient of the benefit at the time of the accident at work, after the incapacity arising from the occupational disease.
(2) Where a beneficiary who receives a pension because of an accident at work or an occupational disease from a social insurance institution of one Contracting Party suffers a new accident at work in the territory of the other Contracting Party or recovers an occupational disease, his claims shall be decided by the Social Insurance Institution of that other Contracting Party in accordance with its legislation, taking into account previous accidents at work, following the case of an earlier occupational disease. The same shall apply in the event of deterioration of the health status of the beneficiary resulting from work in employment in the territory of the other Contracting Party.
Common provisions
(1) Where the period of compulsory insurance, obtained under the legislation of one Contracting Party, covers the period of voluntary insurance under the legislation of the other Contracting Party, only the period of compulsory insurance shall be taken into account.
(2) If the period of insurance (employment), obtained under the legislation of one Contracting Party, coincides with the period of equal insurance under the legislation of the other Contracting Party, only the period of insurance (employment) shall be taken into account.
(3) Where a period equal to the period of insurance (employment) under the legislation of one Contracting Party covers a period equal to that of the other Contracting Party, that period shall be taken into account only under the legislation of the Contracting Party in whose territory the staff member was last employed before the period in question. Where a staff member has not been employed before the period of insurance (employment), account shall be taken of the period of employment under the legislation of the Contracting Party in whose territory the staff member was first employed after that period.
(1) Where the laws of one of the Contracting Parties bind the acquisition, maintenance and renewal of rights or the consumption of benefits on the condition of residence in its territory, this condition shall not apply to Czechoslovak or Yugoslav citizens if they reside in the territory of the other Contracting Party.
(2) Social security benefits of one Contracting Party are granted to citizens of the other Contracting Party who reside in the territory of a third State under the same conditions and to the same extent as their own citizens residing in that third State.
(1) Where, under the legislation of one of the Contracting Parties, entitlement to a benefit or benefit is conditional on the beneficiary not having a earnings, after another income, the earnings shall be taken into account, after another income in the territory of both Contracting Parties.
(2) Where, under the legislation of one of the Contracting Parties, entitlement to a benefit or benefit depends on the amount of the earnings, after any other income, each Contracting Party shall take account of the earnings, after another income only in its territory.
Recurrent social security benefits payable by a social insurance institution of one Contracting Party in the territory of the other Contracting Party shall be referred to within the time limits to be determined by agreement of the competent authorities of the Contracting Parties.
General, transitional and final provisions
(1) The competent authorities of both Contracting Parties shall:
(a) conclude the agreements necessary for the implementation of this Convention;
(b) communicate to each other any amendments to the legislation referred to in Article 2 of this Convention.
(2) The Contracting Parties shall communicate to each other immediately after the entry into force of this Convention which authorities are competent within the meaning of the various provisions of this Convention.
(1) In implementing this Convention, the competent authorities of the Contracting Parties shall provide each other with the necessary mutual assistance free of charge.
(2) These authorities may use diplomatic and consular representation offices for the same purpose.
(3) In implementing this Convention, the authorities of diplomatic and consular representative offices of one Contracting Party may represent citizens, as well as legal persons and authorities of their State, directly and without special power of attorney, with the social insurance authorities and with the other authorities of the other Contracting Party and take the necessary measures to ensure and maintain their rights.
In the context of the implementation of this Convention, the competent authorities of one Contracting Party may meet directly with the competent authorities of the other Contracting Party.
In implementing this Convention, documentation, including medical findings, issued by the competent authorities of one Contracting Party shall apply to the authorities of the other Contracting Party. The agreement of the competent authorities of the Contracting Parties shall specify how the documentation prescribed by the legislation of one Contracting Party may be replaced by a confirmation by the competent authority of the other Contracting Party.
The documents, documents, submissions and letters to be submitted in connection with the implementation of this Convention may be drawn up in any of the official languages of one or other Contracting Parties and shall be exempt from all charges and from official verification by diplomatic or consular authorities.
Applications, declarations, actions, complaints and other claims in respect of social security matters to be submitted within a specified period of time to the authority of one Contracting Party shall be deemed to have been submitted in time if they are submitted within that period to the authority of the other Contracting Party. In such a case, the authority of the other Contracting Party shall immediately forward those submissions to the competent authority of the first Contracting Party.
Money vouchers in the territory of the other Contracting Party shall be executed in agreement with non-commercial pay provisions in force between the two Contracting Parties at the time of the voucher.
The enforcement of insurance premiums owed to the social insurance institution of one Contracting Party by the payer of insurance premiums having his registered office or residence in the territory of the other Contracting Party shall be carried out by the competent authority of that other Contracting Party in accordance with its legislation.
Any difficulties encountered in the implementation of this Convention shall be dealt with by agreement by the competent authorities of the Contracting Parties either in writing or in the expert parity committee set up for that purpose.
(1) If the entitlement of the beneficiary is not contested, but it is questionable which legislation is to be applied, that person shall receive an advance on the benefit if the dispute is not resolved within the meaning of the preceding Article.
(2) The social security authority of the Contracting Party in whose territory the beneficiary resides shall be obliged to pay the advance. That authority shall provide an advance of the amount of the benefit to which it would be obliged under its legislation.
(3) The social insurance institution which is definitively obliged to provide benefits shall pay the sum paid in total to the institution which granted the advance.
(1) The pensions fixed before the entry into force of this Convention shall be reviewed at the request of the beneficiary or the competent authority. On the basis of the examination, the beneficiaries shall be granted the same rights as they should if this Convention were effective at the time when the entitlement was established.
(2) If the entitlements have been settled before the entry into force of this Convention by the seller due to the lack of the necessary time, but if the provisions of this Convention on the census of periods are applied for, the conditions for the necessary period of retirement are met, the beneficiary may request a review. Each Contracting Party shall be charged in accordance with its own legislation.
(3) The provisions of the preceding paragraph shall apply, at the request of the beneficiary, to cases which have occurred before the entry into force of this Convention, but in which no pension or severance pension has been granted for lack of the necessary time.
(4) An application for review within the meaning of the preceding paragraphs shall be submitted within three years of the date of entry into force of this Convention. Entitlements granted on the basis of the review shall be incurred not earlier than the first day of the month following the entry into force of this Convention.
This Convention is without prejudice to the provisions of the Agreement between the Czechoslovak Republic and the Federal People's Republic of Yugoslavia of 11 February 1956 on the settlement of open property issues relating to outstanding social security benefits, mature before 19 February 1955.
The provision of social assistance, following the social pension, to citizens of one Contracting Party who reside in the territory of the other Contracting Party shall be governed by a special contract.
This Convention shall not apply to members of the armed forces or to military disabled and victims of war or fascist terror. The protection of those persons shall be governed by a special contract.
(1) This Convention will be ratified and instruments of ratification exchanged as soon as possible in Prague.
(2) The Convention will enter into force on the first day of that month following the exchange of instruments of ratification.
(3) Each Contracting Party may terminate this Convention at least six months before the end of the calendar year in which the notice is given. The denunciation will be effective from 1 January next year.
(4) If this Convention is terminated, its provisions, as well as the provisions of its implementing agreements, shall continue to apply to claims already acquired, irrespective of the restriction provisions which the Contracting Parties would have laid down in their legislation in the event that the beneficiary stays abroad.
(5) In cases where periods of insurance (employment) have been acquired under the legislation of both Contracting Parties but no entitlement to benefits has been acquired before the date of expiry of this Convention, the provisions of the Convention may be applied under conditions to be determined by agreement of the competent authorities of the Contracting Parties.
This Convention has been drawn up in two original copies, each in the Czech and Serbian languages, each of which is equally authentic.
Dane in Belgrade on 22 May 1957.
For the Czechoslovak Republic:
Evžen Eban v. r.
For the Federal People's Republic of Yugoslavia:
Zdenko Has v. r.
On page 5.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 3 / 1958 Coll., on the Convention between the Czechoslovak Republic and the Federal People's Republic of Yugoslavia on Social Insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.02.1958 |
|---|---|
| Effective from | 01.12.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0