Decree No. 5 / 1950 Coll.
Declaration on the Convention between the Republic of Czechoslovakia and the People's Republic of Bulgaria on Social Insurance
Valid
Effective from 01.10.1949
5.
Decree of the Minister for Foreign Affairs
of 4 January 1950
on the Convention between the Republic of Czechoslovakia and the People's Republic of Bulgaria on Social Insurance.
The Convention between the Republic of Czechoslovakia and the People's Republic of Bulgaria on Social Insurance, signed at Prague on 1 April 1949, was approved by the Government on 8 February 1949 and ratified on 31 July 1949 by the President of the Republic.
The instruments of ratification were exchanged in Sofia on 14 September 1949.
This Convention shall, in accordance with Article 23 thereof, become effective on the first day of the month following the replacement of the instruments of ratification and shall therefore become effective on 1 October 1949.
The Czech version of this Convention shall be published in the Annex to the Collection of Laws by the Final Protocol and the Additional Protocol. *)
Dr Clementis v. r.
Annex to Decree No 5 / 1950 Coll., on the Convention between the Republic of Czechoslovakia and the People's Republic of Bulgaria on Social Insurance.
Convention
between the Republic of Czechoslovakia and the People's Republic of Bulgaria on social insurance.
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NAME
THE REPUBLIC OF CZECH REPUBLIC,
A
PEOPLE
THE REPUBLIC OF BULGARIA
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_
WITH THE FINAL AND ADDITIONAL PROTOCOL:
Convention
between the Republic of Czechoslovakia and the People's Republic of Bulgaria on social insurance.
PRESIDENT
THE REPUBLIC OF CZECH REPUBLIC,
with one side, and
PRESIDIUM
THE REPUBLIC OF BULGARIA,
the other parties, led by their wish to adjust social security contacts in the spirit of the Convention between the Republic of Czechoslovakia and the People's Republic of Bulgaria on cooperation in the field of social policy and administration, decided to conclude the Convention to that end and appointed their agents to do so, who exchanged their powers of attorney 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 also applies 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 who are in the service of staff of designated offices. However, if the employer so requests, sickness insurance (sickness and maternity insurance) or other social insurance sectors shall be subject to the legislation of the recipient State.
(4) Insurance of employees seconded by an undertaking (employer) having its registered office (domicile) in one State for temporary employment in the territory of another State which does not last for more than six months shall be subject to the legislation of the State in which the management of the undertaking to which such staff are subject in their personal matters.
(5) Staff of public transport undertakings having their registered office in one of the two States, if they are continuously employed for more than six months in the territory of the other State, shall be insured under the legislation of the State in whose territory 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 there is a need for medical treatment for persons covered by paragraphs 4 to 6 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 of those persons shall provide medical care for those persons; the expenditure is paid by the debtor of the sickness insurance scheme of the first State at the rates applied by the sickness insurance holder who provided the medical care for his own insured persons (Article 11 (1)).
(1) If there is a dispute between the holders or courts of social insurance or between the administrative authorities of the two States as to whether the rights of one or the other State should be exercised, appropriate interim care shall be provided, unless decided pursuant to Article 22.
(2) They are called upon to provide the said care in the following 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, shall 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) for which he is himself obliged under the rules applicable to him, and shall include in the benefits to which he is entitled the eligible cash amounts provided for interim care.
(1) In the case 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 insurance holder is 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) Both States' insurance holders shall be exempt from their cash obligations in the currency of their State under the rules on payment between the two States.
(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 in accordance with the rules applicable to the recipient holder of the insurance, at an amount corresponding to the number of supporting documents and the paid-up capital.
The consuls or diplomatic representatives of the two States shall have the right 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 and before the administrative authorities of the other State.
(1) 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 security 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.
(2) Documents, certificates and other files submitted under this Convention need not be verified by diplomatic or consular authorities.
(3) The provisions on exemption or relief from tax on the implementation of own social insurance in one State 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 offices of the two States, will provide mutual assistance in the field of social insurance to the same extent as if they were carrying out 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.
Contributions paid to the holder of social security of one State to be paid to the holder of insurance of the other State shall be referred to the competent holder 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.
B. PROVISIONS DETAILED.
I. Insurance against sickness (sickness and maternity insurance)
If the insured person is transferred from sickness insurance (sickness and maternity insurance) to insurance of the same type of State of the other, the holder of 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 holder of insurance of the first State.
(1) 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 insurance holder of the other State. 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.
(2) With the permission of the highest administrative authorities, insurance holders may negotiate details and, where appropriate, agree that the cost of benefits to family members will be paid by lump sums.
(1) Article 11 shall apply mutatis mutandis to the provision of medical treatment to persons who benefit from the social insurance of one State of pension or recurrent cash benefits for damage or death by corporate accidents (occupational diseases) which reside 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 the two States provide pensions in accordance with Article 13 (2) (part-time pensions), the cost of medical care for the pensioner and their family members shall be borne by the competent insurance holder of the beneficiary State of residence.
II. Pension insurance.
(1) For persons who have been insured gradually in both countries in pension insurance periods, the periods of insurance (contribution periods) completed in both States in calculating the shortest period of insurance (contribution periods) needed for entitlement to the insurance benefit or for the admissibility of the voluntary continuation of insurance. The periods of insurance (period of contribution) are equivalent to other periods which, according to the law of the Contracting State in which they were spent, are counted to the shortest period of insurance necessary for entitlement to the insurance benefit. If insurance periods (contribution periods) and equivalent periods are covered in both countries, they shall be calculated only once. The periods obtained on the basis of the same form of employment in both States shall be added up if a certain duration of such employment is a condition for the grant of a pension or special benefits.
(2) In the event of an insurance case, the holders of insurance from both States shall grant a pension to which they are entitled under national rules, taking into account paragraph 1 of this Article. For the purposes of determining the pension, the national insurance period (contribution periods) and other periods shall be taken as the basis of the national insurance period and other periods, according to national rules, when measuring the pension to an equivalent level. However, the basic amount shall be paid only in proportion to the proportion of national periods to the total of periods in both States taken as the basis for the assessment of pensions. Like the basic amount, other parts of benefits are shared, provided in both countries, the size of which does not depend on the length of the insured period.
(3) Reductions under the previous provisions shall not take place unless at least 12 months (52 weeks) of monthly insurance contributions have 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, taking into account the provisions of paragraph 1, a person affected by an accident at work or an occupational disease has not completed the shortest period necessary for entitlement to an insurance benefit 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 the insurance case arose.
(5) One-off benefits shall not be subject to the provisions of this Article.
(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.
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.
If the conditions of entitlement to a pension are met in only one State, the pension is payable
(a) under national rules, provided that the conditions of entitlement are fulfilled without prejudice to the provisions of Article 13 (1);
(b) in the abbreviated area referred to in Article 13 (2), provided that the conditions of entitlement are fulfilled only taking into account the provisions of Article 13 (1).
An application for a benefit under this Convention may be lodged with any holder of insurance with 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 13 (6) is made by the holder of the insurance, competent according to 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 13 of that Convention, will be taken into account in the implementation of Article 13 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 (period of contributions) and periods of equivalent insurance that its citizens have spent in the territory of a third State, as the periods spent in their own territory, the other Contracting State shall, when applying the provisions of Article 13, treat those periods as periods spent in the territory of the first State.
III. 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. PROVISIONS TRANSITIONAL AND FINAL.
(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 4 and 13 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.
(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.
(1) The provisions concerning the implementation of this Convention shall be adopted separately in each of the two States. Such regulations shall be communicated to the Supreme Administrative Office of the other State.
(2) The highest administrative 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 People's Republic of Bulgaria's Ministry of Labour and Social Welfare.
(1) Where difficulties arise in the implementation of this Convention for unforeseen circumstances, including amendments to legal provisions, the highest administrative authorities shall agree on the application of the provisions of this Convention.
(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. The instruments of ratification will be replaced without delay in Sofia. 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. Rights acquired pursuant to Article 13 of this Convention on the date of its expiry shall not cease to exist by the repeal of the Convention and shall continue to function in accordance with national provisions.
Written in duplicate, each in the Czech and Bulgarian languages; both texts are considered authentic.
On the conscience of the agents, they signed this treaty and sealed it with their seals.
Dane in Prague on 1 April 1949.
For the Czechoslovak Republic:
E. ERBAN
L.S.
For the People's Republic of Bulgaria:
Dr N. NIKOLAEV
L.S.
Final protocol.
When signing the Convention between the Republic of Czechoslovakia and the People's Republic of Bulgaria 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 3.
1. Paragraph 1, Article 3, shall not apply to advantages guaranteed by its own state citizens, given that, in the context of the Second World War, they were restricted to personal freedom or involved in the fight for liberation of their country.
2. 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 a territory resigned by one Contracting State of a third State shall be deemed to have been spent in the territory of any Contracting State.
III.
Articles 13 and 19.
Article 13 and Article 19 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) persons of German nationality who have lost their citizenship as Czechoslovak or Bulgarian nationals and who do not reside in the territory of either of the two States on the date of signature of the Convention.
IV.
In implementing the Convention they shall not be considered to be part of the social insurance system or family allowances unless they are granted as an increase in social insurance pensions or benefits (aid) which are granted to persons for whom the conditions of the idea of benefits from their insurance and survivors of such persons are not met.
This Final Protocol forms an integral part of the Convention on Social Insurance between the Republic of Czechoslovakia and the People's Republic of Bulgaria and has been drawn up in duplicate, each in the Czech and Bulgarian languages; both texts are considered authentic.
Dane in Prague on 1 April 1949.
E. ERBAN
Dr N. NIKOLAEV
Additional protocol.
When signing the Convention between the Republic of Czechoslovakia and the People's Republic of Bulgaria on social insurance, both Parties agree on the following:
I.
Article 5 (3).
The agreement referred to in paragraph 3, Article 5 of the Convention shall be concluded as soon as possible after its ratification.
II.
Article 13.
1. The accidents of employment within the meaning of the Convention are also considered to have occurred for Bulgarian workers hired to work in Czechoslovakia at the time of transport from the initial transport station (railway, port and below) in Bulgaria to their place of employment in Czechoslovakia and back. Such accidents will be compensated by the Czechoslovak insurance holder according to the average annual earnings of agricultural workers, determined according to Czechoslovak wage regulations.
2. Paragraph 3, Article 13 of the Convention shall not yet be implemented.
This Additional Protocol forms part of the Convention on Social Insurance between the Republic of Czechoslovakia and the People's Republic of Bulgaria and has been drawn up in duplicate, each in the Czech and Bulgarian languages; both texts are considered authentic.
Dane in Prague on 1 April 1949.
E. ERBAN
Dr N. NIKOLAEV
INDIVIDUAL CONVENTION WITH THE FINAL AND ADDITIONAL PROTOCOL, APPROVAL AND CONFIRMING THEM.
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PRESIDENT OF THE REPUBLIC OF CZECH REPUBLIC:
GOTTWALD v. r.
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Dr V. CLOMENTIS v. r.
On page 1.
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Regulation Information
| Citation | Decree No. 5 / 1950 Coll., concerning the Convention between the Republic of Czechoslovakia and the People's Republic of Bulgaria on Social Insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.01.1950 |
|---|---|
| Effective from | 01.10.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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