Decree of the Minister for Foreign Affairs No. 42 / 1987 Coll.
Decree of the Minister for Foreign Affairs on the Treaty 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, as amended by the Agreement amending it of 27 March 1972
Valid
Effective from 01.03.1987
42
DECLARATION
Minister for Foreign Affairs
of 20 March 1987
on the Treaty 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, as amended by the Agreement amending it on 27 March 1972
On 24 April 1986, a Treaty was signed in Sofia 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, as amended by the Agreement amending it on 27 March 1972.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic. The instruments of ratification were exchanged in Prague on 10 February 1987.
The Treaty entered into force on 1 March 1987 pursuant to Article III thereof.
The Czech version of the Treaty is hereby published at the same time.
Minister:
Ing. Chupek v. r.
TREATY
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, as amended by the Agreement amending it on 27 March 1972
The Czechoslovak Socialist Republic and the People's Republic of Bulgaria (hereinafter referred to as the "Contracting Parties'), having regard to the positive results of deepening and expanding their relations and cooperation in the field of social policy, achieved under the Convention on Social Policy Cooperation of 25 January 1957, as amended by the Agreement amending it of 27 March 1972 (hereinafter referred to as" the Convention '), wish to facilitate and further improve the implementation of the Convention, have agreed to amend some of its provisions as follows:
Article 4 The Convention is amended as follows:
Provision of pension benefits
(1) Pension benefits are granted under its legislation by the competent pension authority of the Contracting Party in whose territory the beneficiary is resident at the time of entitlement to the benefit. In doing so, it shall take into account periods of employment and periods of employment equivalent to those established in the territory of the other Contracting Party under its legislation, to the extent confirmed by its competent authority. If the period of employment is covered by another deductible period, only the period of employment shall be taken into account.
(2) The competent authority referred to in paragraph 1 shall first determine the benefit as if the total period of employment were obtained under its legislation. It shall then determine the proportion of the benefit for periods of employment in each of the Contracting Parties. It shall pay the full benefit to the beneficiary, the proportion of the period of employment acquired in the territory of the other Contracting Party, on behalf of the pension authority of that other Contracting Party.
(3) If the period of employment, obtained under the legislation of one Contracting Party, is less than six months, there shall be no entitlement to benefit against the pension authority of that Contracting Party. That period shall be set off by the pension authority of the other Contracting Party providing the benefit.
(4) Benefits arising from an accident at work or an occupational disease shall be awarded and paid by the pension authority competent under paragraph 1 to the account of the Contracting Party in whose territory he has suffered an accident at work or last worked in a job resulting in an occupational disease.
(5) Decisions on the creation, type and duration of invalidity issued by the competent authorities of one Contracting Party are binding on the competent authorities of the other Contracting Party.
(6) The adjustments to pensions to be made by one of the Contracting Parties, taking into account periods of employment, will also apply to partial benefits for periods of employment acquired in the territory of the other Contracting Party.
(7) The increase in benefits under the legislation of the Contracting Party in whose territory it is resident shall be granted on its behalf by that Contracting Party.
(8) Where a person authorised to move from the territory of one Contracting Party to the territory of the other Contracting Party, the pension authority of the Contracting Party which has paid the benefits referred to in paragraph 2 shall suspend the payment of both benefits on the first day of the month following the resettlement. The pension insurance authority of the Contracting Party in whose territory the beneficiary has transferred shall continue to pay benefits at the level specified by the pension insurance authority of the first Contracting Party. Where a beneficiary returns to the territory of the first Contracting Party, the pension authority of that Contracting Party shall renew the payment of benefits from the first day of the month following his return, at the amount fixed before the transfer, including the adjustments provided for in paragraphs 6 and 7 of this Article, where such adjustments have taken place in the territory of that Contracting Party.
(9) Where the total of the two proportional benefits is less than the minimum pension benefits laid down in the legislation of that other Contracting Party, the pension authority of that Contracting Party shall, on its own account, grant a valid supplement equal to the difference between that minimum benefit and the sum of the proportional benefits.
(10) The entitlement to the payment of pension benefits in the case of a further employment authorised shall be governed by the law of the Contracting Party whose pension authority pays the authorised benefit. The increase in the pension for additional periods of employment obtained after the pension has been granted shall be granted by the institution of the Contracting Party in whose territory those periods have been obtained for its part.
(11) Where pension benefits are determined from earnings achieved during the period during which the beneficiary has worked in the territory of the other Contracting Party, the benefits shall be calculated from earnings which would have been achieved during the relevant period by an equally qualified person in the territory of the Contracting Party granting the benefits.
(12) The pension benefits awarded by the institution of one Contracting Party shall be granted to citizens of the other Contracting Party if they reside in the territory of a third State under the same conditions as their own citizens.
(13) The education and other allowances and the increase in helplessness of pension benefits under the legislation of the Contracting Party referred to in paragraph 1 shall be granted and paid by the pension authority of that Contracting Party.
(14) The pension authorities of the two Contracting Parties shall, on an annual basis, carry out the mutual accounting of benefits paid to the pension authority of the other Contracting Party. The difference resulting from this bill for the benefit of a pension institution of one Contracting Party shall be paid by the pension authority of the other Contracting Party within a period agreed by the pension authorities of both Contracting Parties.
(1) The pension benefits which have been paid by the pension authority of one Contracting Party before the date of entry into force of this Treaty on the basis of a payment order from the pension authority of the other Contracting Party will continue to be paid at present on behalf of the authority which issued the payment order. These pensions will also be covered by the provisions of Article 4 (6) and (7) of the Convention (Article I of this Treaty).
(2) The provisions of paragraph 1 shall also apply where applications for pension benefits were submitted before the entry into force of this Treaty.
(3) The list of pensions paid shall be forwarded to each other by the competent authorities of the two Contracting Parties within one month of the entry into force of this Treaty.
(1) This Treaty shall enter into force from the first day of the month following the exchange of instruments of ratification.
(2) The provisions of Part IV of the Final Protocol to the Convention cease to apply on the date of entry into force of this Treaty.
To prove this, the agents of both Contracting Parties signed this Treaty and sealed it with their seals.
Done at Sofia, 24 April 1986 in duplicate, each in the Czech and Bulgarian languages, the two texts being equally authentic.
For the Czechoslovak Socialist Republic:
Miloslav Bodía v. r.
For the Republic of Bulgaria:
George Načev v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 42 / 1987 Coll., on the Treaty 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, as amended by the Agreement amending it of 27 March 1972 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.05.1987 |
|---|---|
| Effective from | 01.03.1987 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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