Decree No 33 / 1973 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Czechoslovak Socialist Republic and the People's Republic of Bulgaria amending the Convention between the Czechoslovak Republic and the Bulgarian People's Republic on Social Policy Cooperation of 25 January 1957
Valid
Effective from 01.03.1973
33
DECLARATION
Minister for Foreign Affairs
of 2 March 1973
concerning the Agreement between the Czechoslovak Socialist Republic and the People's Republic of Bulgaria amending the Convention between the Czechoslovak Republic and the Bulgarian People's Republic on Social Policy Cooperation of 25 January 1957
On 27 March 1972, the Agreement between the Czechoslovak Socialist Republic and the People's Republic of Bulgaria on the amendment of the Convention between the Czechoslovak Republic and the Bulgarian People's Republic on Social Policy Cooperation of 25 January 1957 was signed in Sofia.
The agreement was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Prague on 2 February 1973.
Pursuant to Article VI thereof, the Agreement entered into force on 1 March 1973.
The Czech version of the Agreement is hereby published at the same time.
Minister:
Ing. Chupek v. r.
AGREEMENT
between the Czechoslovak Socialist Republic and the Bulgarian People's Republic amending the Convention between the Czechoslovak Republic and the Bulgarian People's Republic on Social Policy Cooperation of 25 January 1957
The Czechoslovak Socialist Republic and the People's Republic of Bulgaria, taking into account the positive results of the deepening and broadening of social policy relations and cooperation, achieved under the Social Policy Cooperation Convention of 25 January 1957 ("the Convention '), and the desire to improve cooperation in this area in the spirit of friendship between the two States, have agreed to amend some of its provisions as follows:
Article 4 The Convention is amended as follows:
Provision of pension benefits
(1) The pension authorities of both Contracting Parties provide pension benefits in accordance with the legislation applicable to them, taking into account periods of employment and periods equivalent to those obtained in the territory of both Contracting Parties. The competent authority of each of the two Contracting Parties shall grant the authorised proportion of the benefit for both the period of employment and the period of employment equivalent to that obtained on its territory. If the period of employment is covered by another deductible period, only the period of employment shall be taken into account.
(2) If the period of employment, obtained under the legislation of one Contracting Party, is less than six months, there shall be no entitlement to benefits against the pension authority of that Contracting Party. For this reason, the competent authority of the other Contracting Party shall not reduce the benefit provided by it.
(3) Where, taking into account periods of employment acquired in the territory of both Contracting Parties, a beneficiary fulfils the conditions of entitlement only under the legislation of one Contracting Party, the competent authority of that Contracting Party shall grant to that Party an authorised partial levy corresponding to him pursuant to paragraph 1. If the applicant also meets the conditions of entitlement under the legislation of the other Contracting Party, the pension authorities of the two Contracting Parties shall decide on the benefit again in accordance with paragraph 1.
(4) Where the sum of the sub-benefits which are due under paragraph 1 is less than the amount which would be due to the beneficiary under the legislation of the Contracting Party in whose territory he resides, the competent authority of that Contracting Party shall grant a supplement to the benefit which it has paid, equal to the difference between that amount and the sum of the sub-benefits. Where the sum of the part-benefits due pursuant to paragraph 1 or the pension referred to in paragraph 3 are less than the minimum pension benefits laid down by the legislation of the Contracting Party in whose territory the beneficiary is resident, the allowance paid by that Contracting Party shall be granted by the authority of that Contracting Party at the rate of the difference between that minimum benefit and the sum of the part-benefits or pensions referred to in paragraph 3.
(5) Where the time spent in a job which is harmful to health or in a job that is carried out under particularly difficult working conditions is linked to the benefits of an entitled person under the legislation of one Contracting Party, the competent authority which sums up the periods referred to in paragraph 1 shall count it as an equally favourable period (in the same working category).
(6) If the pensioner has obtained further work entitled to an increase in pension under the legislation of the Contracting Party in whose territory he has worked, each Contracting Party shall adjust the pension in accordance with its own rules.
(7) Where a worker who has been employed in the territory of both Contracting Parties has suffered an accident at work or an occupational disease resulting from employment in the territory of only one Contracting Party, the pension benefit shall be provided by the competent authority of that Contracting Party, taking into account periods of employment in the territory of both Contracting Parties. If the beneficiary has an occupational disease as a result of employment in the territory of the two Contracting Parties, the benefit from the occupational disease shall be granted by the competent authority of the Contracting Party in whose territory the beneficiary has last worked in a harmful health employment.
(8) Invalidity (partial invalidity) is decided by the competent authority of the Contracting Party which grants and grants the invalidity benefit (partial invalidity).
(9) Where, under the legislation of one of the Contracting Parties, pension benefits are calculated from the average earnings earned at a certain time of employment, the average earnings under the legislation of the Contracting Party granting the benefit shall be calculated from the earnings achieved at that time in the territory of both Contracting Parties, unless otherwise provided for in the legislation of a Contracting Party.
(10) If the recipient of the benefit moves from the territory of one Contracting Party to the territory of the other Contracting Party, the pension insurance authority of the Contracting Party to whose territory he has relocated shall continue to pay the benefit on order and the account of the Contracting Party from whose territory the recipient has relocated the benefit as from the first day of the month following the resettlement. If the recipient of the benefit returns to the territory of the first Contracting Party, the pension authority of that Contracting Party shall renew the payment of the benefit from the first day of the month following the return of the recipient of the benefit to its territory.
(11) Pension benefits of one Contracting Party shall be 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 who reside in that third State.
(12) The pension allowance shall be provided by the pension authority of the Contracting Party in whose territory the child lives.
Article 5 of the Convention is amended as follows:
Provision of sickness insurance benefits
(1) Treatment preventive care (benefits in kind of sickness insurance) is provided by the competent authority of the Contracting Party in whose territory the beneficiary or the authorised member of his family is staying under the Convention between the Contracting Parties for cooperation in the field of health under its legislation and on its behalf.
(2) Cash sickness insurance benefits shall be provided under the legislation applicable to them and on its behalf by the authority which carried out the sickness insurance of the beneficiary at the time of the entitlement to such benefits or, where applicable, the last one. It shall also take into account the period of sickness insurance in the territory of the other Contracting Party.
(3) Where the beneficiary is staying in the territory of the other Contracting Party when he is entitled to benefits under paragraph 2, the sickness insurance authority which is obliged to provide the benefit may entrust the sickness insurance authority of the other Contracting Party with the payment of the benefit. Payment of benefits thus effected shall be replaced by the institution which is obliged to provide them by the authority which made the payments.
(4) In the event of an accident occurring when travelling from the territory of one Contracting Party for the purpose of taking up employment in the territory of the other Contracting Party under a contract of employment, the benefit shall be provided by the competent authority of the sickness insurance of the Contracting Party in whose territory the beneficiary travels, provided that he travels on objective conditions without undue interruption and by the shortest route; Similarly, the accident suffered from travel from the place of work to the place of permanent residence shall be carried out immediately after the termination of the employment.
(5) Children's allowances shall be granted under the legislation applicable to them and on their behalf by the competent authority of the Contracting Party in whose territory the beneficiary is working, irrespective of the place of residence of the children, provided that the other spouse does not receive child or education allowances from the Contracting Party in whose territory he resides.
(6) A pensioner who is entitled to an education allowance from one Contracting Party and who is working in the territory of the other Contracting Party shall only be granted child allowance in accordance with the preceding paragraph by the competent authority of the Contracting Party in whose territory the pensioner is working.
Article 6 (2) The designation "Article 5 (3) 'shall be replaced by" Article 5 (1)' at the end of this paragraph.
Article 7 The Convention is amended as follows:
Implementation of mutual payments
Mutual payments and vouchers according to this The agreements shall be implemented in accordance with the provisions on non-commercial salaries in force between the two Contracting Parties at the time of the money voucher.
Pension benefits for which all the conditions of entitlement have been fulfilled before the date on which this Agreement enters into force shall continue to be provided in accordance with the provisions of Articles 4 and 7 of the Convention.
(1) This Agreement shall be subject to approval under the constitutional provisions of each of the Contracting Parties and shall enter into force from the first day of the month following the exchange of instruments of ratification.
(2) From the date of entry into force of this Agreement, the provisions of Article 16 (2) of the Convention and Part III of the Final Protocol to this Convention shall cease to apply. The other Articles of the Convention, unless amended by this Agreement, shall remain in force.
This Agreement was drawn up in Sofia on 27 March 1972 in duplicate, each in the Czech and Bulgarian languages, the two texts being equally authentic.
For the Czechoslovak Socialist Republic:
M. Šancež v. r.
For the Republic of Bulgaria:
M. Mishev v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 33 / 1973 Coll., on the Agreement between the Czechoslovak Socialist Republic and the People's Republic of Bulgaria amending the Convention between the Czechoslovak Republic and the People's Republic of Bulgaria on Social Policy Cooperation of 25 January 1957 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.04.1973 |
|---|---|
| Effective from | 01.03.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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