Decree of the Minister for Foreign Affairs No. 68 / 1970 Coll.
Decree of the Minister for Foreign Affairs on the contractual documents to the General Convention on Social Security between Czechoslovakia and France of 12 October 1948
Valid
Effective from 30.06.1970
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68
DECLARATION
Minister for Foreign Affairs
of 29 May 1970
on the contractual documents to the General Convention on Social Security between Czechoslovakia and France of 12 October 1948
On 17 October 1967,
Additional Convention to the General Convention on Social Security between Czechoslovakia and France, 12 October 1948
Supplement to the Additional Agreement to the General Convention of 12 October 1948 between Czechoslovakia and France on Social Security,
Protocol on the supplementary allowance under the French Law of 30 June 1956, as amended, and
Protocol on the social insurance system to be applied to Czechoslovak students in France and French students in Czechoslovakia.
The Additional Convention and the Supplement to the Additional Agreement pursuant to Articles 12 and 6 of the Additional Agreement entered into force on 1 February 1970, the Protocol on supplementary allowance and the Protocol on the Social Insurance System in accordance with the provisions of its point 4 and Article 3 on 1 December 1969.
The Czech version of the contract documents is published simultaneously.
Minister:
Ing. Marko v. r.
ADDITIONAL CONVENTION
to the General Convention on Social Security between Czechoslovakia and France of 12 October 1948
The Czechoslovak Government on one side;
The French Government from the other side;
agree on the following additions and amendments to the General Convention on Social Security signed in Paris on 12 October 1948:
Article 1 The General Convention is hereby repealed and replaced by the following:
Czechoslovak or French nationals shall be subject to the relevant social security legislation referred to in Article 2 of this Convention and in force in Czechoslovakia or France and shall enjoy their benefits under the same conditions as nationals of each of those States, provided that they prove their nationality under the law of each of the Contracting States.
(a) Czechoslovak or French nationals who have left Czechoslovakia, where they have been subject to compulsory insurance to move to France and do not fulfil the conditions laid down for an insurance obligation, may voluntarily continue insurance under the same conditions and within the same time limit as insured persons whose insurance obligation in France has ceased to exist.
(b) In the case of Czechoslovak or French nationals who leave France where they were subject to compulsory insurance to move to Czechoslovakia and do not fulfil the conditions laid down for the insurance obligation, the resettlement shall be considered as a serious reason for the interruption of employment when considering the issue of the maintenance of claims under the conditions laid down in the Czechoslovak legislation. "
Article 2 (1) is amended as follows:
The legal provisions on social security covered by this Convention in so far as they concern workers in employment and work on equal terms are:
1. in Czechoslovakia:
from 1 January 1957 to 30 June 1964
(a) legislation on social security for workers and the protection of pensioners in sickness;
(b) legislation on occupational sickness insurance (until 30 March 1964);
(c) legislation on sickness and pension insurance for members of single agricultural cooperatives, on pension insurance for individual farmers and other self-employed persons;
(d) legislation on sickness insurance and pension insurance for members of production cooperatives;
(e) legislation on uniform preventive and therapeutic care;
(f) legislation on child allowances.
For the period after 30 June 1964:
(a) legislation on pension insurance for workers in employment and working for them on equal status and on the protection of pensioners in sickness;
(b) the legislation on occupational sickness insurance, including the reregulation of maternity benefits, carried out in the rules on the increased care of pregnant women and mothers (from 1 April 1964);
(c) legislation on sickness insurance for members of production cooperatives;
(d) legislation on pension, sickness and mother's and the child of cooperative peasants;
(e) legislation on pension insurance for individual farmers and other self-employed persons;
(f) legislation on uniform preventive and therapeutic care;
(g) legislation on child allowances.
Where the provisions of this Convention refer to benefits in kind for sickness insurance, this also means preventive and medical care in Czechoslovakia. "
2. in France (unchanged).
Article 3 is amended as follows:
(a) employees or persons assimilated to them, employed in a State other than the State of residence by an undertaking having an establishment in the State of residence under which the local jurisdiction of insurance is normally governed, shall remain subject to the applicable legislation in the State of their permanent post, provided that their employment in the territory of the other State does not exceed 12 months; if such employment would be extended for unforeseeable reasons over the period initially foreseen and lasting for more than 12 months, the legislation in force in the State of permanent employment may exceptionally be used if the competent authorities of the occasional post so agree. ';
(Another without change.)
Article 5 The General Convention is hereby repealed and replaced by the following:
Employees and persons assimilated to them, who move from France to Czechoslovakia or vice versa, as well as their family members living with them in their household in the new state of employment, shall be entitled to sickness insurance benefits of that State if:
1. have been recognised as capable of working on their last arrival in the territory of that State;
2. have been socially insured after their last arrival in the territory of the new state of employment;
3. satisfy the conditions laid down by the legislation of that State, taking into account, where appropriate, periods of insurance or periods of replacement, obtained under the legislation of the other State.
However, periods of insurance or replacement periods acquired in one or another State shall be added only if six weeks have elapsed since the end of the insurance period in the other State until the beginning of the insurance period in the territory of the new State of residence. '
The General Convention shall be added to the second paragraph of Article 8 as follows:
"Persons who have received a pension under the legislation of one State and who reside in the territory of another State shall be entitled to benefits in kind in respect of sickness and maternity insurance under the conditions laid down by the legislation of the State of residence and on behalf of the institutions of that State. '
The General Convention shall be supplemented by the following Article 8a:
The pensioners referred to in Article 8 shall be entitled to death grants if they fulfil the conditions laid down in the legislation of the State of residence; such benefits shall be borne by the social security institution of the State of residence. ';
Article 9 The General Convention is hereby repealed and replaced by the following:
For Czechoslovak or French nationals who have been insured gradually or alternately in both Contracting States in one or more systems of invalidity insurance, periods of insurance completed in those systems or periods recognised in those systems as equivalent to periods of insurance, provided that those periods are not covered, both for entitlement to benefits in cash or in kind and for the maintenance or recovery of that entitlement.
Cash benefits for invalidity insurance shall be calculated in accordance with the legislation of the legislation applicable to the insured person at the time of the interruption of the employment followed by the invalidity and shall be provided by the holder responsible under that legislation.
However, if, at the time of the interruption of employment followed by the disability, an invalid previously insured in the disability scheme in the other State has not been subjected to social insurance for at least one year, calculated since his last arrival in the territory of the State where the invalidity occurred, he shall receive from the competent holder of the second State cash benefits under the legislation of that State provided that he fulfils their conditions taking into account the sum of the periods of insurance. This provision shall not apply if the invalidity is due to an accident. '
Article 10 The General Convention is hereby repealed and replaced by the following:
If, after the invalidity pension has ceased, the insured person recovers, the new benefits will be provided by the carrier who provided the pension initially granted.
If, following the withdrawal of the invalidity pension, the status of the insured person justifies the granting of a new invalidity pension, the pension shall be paid in accordance with the provisions of Article 9 above. '
Article 13 The General Convention is hereby repealed and replaced by the following:
For Czechoslovak or French nationals who have been gradually or alternately insured in both Contracting States in one or more systems of old-age or survivor's insurance (pensions), the periods of insurance completed in those systems or periods recognised by those systems as equivalent to those of insurance - provided that those periods are not covered - both for entitlement to benefits and for the maintenance or recovery of that entitlement.
Where the legislature of one of the Contracting States provides for a condition, for the granting of certain preferential benefits, for periods to be acquired in a profession subject to a special insurance system, only periods obtained in the relevant special scheme or in special schemes of the other State to be added up for the granting of such benefits. However, if there is no special system for that occupation in one of the Contracting States, the periods of insurance obtained in that profession in one of the systems referred to in paragraph 1 of this Article shall be added.
The benefits for which the insured person may apply to any participating French or Czechoslovak bearer shall in principle be determined by reducing the amount of benefits to which the insured person would have been entitled if the total of the periods referred to in paragraph 1 of this Article had been obtained in the relevant Czechoslovak or French system in proportion to the length of periods completed in that system.
The administrative arrangements shall lay down the conditions for the application of minimum pensions in accordance with the laws of both States as regards pensions granted under this Article. ';
The General Convention shall be supplemented by Article 19a:
In order to establish the degree of incapacity for work in the event of successive accidents at work, previous accidents at work, the compensation of which falls or falls under the legislation of the other Contracting State, shall be assessed in the same way as accidents under the legislation to which the injured party is subject. '
Paragraph 1 of Article 28 The General Convention is hereby repealed and replaced by the following:
Compulsory social benefit payers under this Convention shall be exempt from their obligation by payment in the currency of their State. Transfers of amounts corresponding to benefits due from one Party and from the other shall be made in accordance with the provisions of the Payment Agreement in force at the time of the transfer between the Contracting States. The conversion rate is determined by the official parity of both currencies. "
(Others unchanged.)
The Contracting Parties shall notify each other of the approval of this Additional Convention in accordance with their respective constitutional requirements; The Convention shall enter into force on the first day of the third month following the date of the last notification.
Done at Paris, 17 October 1967 in duplicate, each in the Czech and French languages, the two texts being equally authentic.
For the Government
Czechoslovak Socialist Republic:
Dr. V. Pithart v. r.
For the Government
French Republic:
Gilbert de Chambrun v. r.
ADDITIONAL
to the Additional Agreement to the General Convention of 12 October 1948 between Czechoslovakia and France on Social Security
The social security system applicable to workers in mines and factories equal to them.
The Czechoslovak Government on the one hand and
the French Government, on the other hand,
Considering the need to clarify the implementation of the provisions of the Additional Agreement to the General Convention of 12 October 1948 between Czechoslovakia and France on Social Security,
Taking further account of the need to bring the provisions of the Additional Agreement into line with the relevant provisions of the General Convention, as amended by the Additional Convention to this General Convention, in order to take account of the amendment of the laws in both States,
agree on the following supplements and amendments to the Additional Agreement to the General Convention of 12 October 1948 between Czechoslovakia and France on Social Security:
Article 5 Additional agreements shall be supplemented by the following paragraph 4:
"The administrative arrangements shall provide for details of the application of the legislation of both States on minimum pensions to pensions, as determined under this Article. ';
Article 9 Additional agreements shall be repealed and replaced by the following:
"In order to qualify for an invalidity pension, the period during which a participant is entitled to sickness insurance provided under the sickness insurance scheme before the assessment of his pension shall always be that laid down by the legal provisions of the State in which he worked at the time when the employment followed by the disability was interrupted. ';
Paragraph 1 of Article 10 Additional agreements shall be repealed and replaced by the following:
"Invalidity pension, established for mining workers, may be granted only to insured persons who worked in the mines at the time when the employment followed by the invalidity took place and who, until that pension has been measured, had their residence in the State of the compulsory provision of benefits. '
Article 12 Additional agreements shall be repealed and replaced by the following:
"Where a participant has been employed in a State other than that in which the carrier is obliged to provide benefits at the time when the employment followed by the disability was interrupted, the earnings paid to the workers of the group of professions to which the participant belonged at that time shall be taken into account in the State in which the carrier is obliged to provide benefits in determining the amount of the invalidity pension. '
Paragraph 1 of Article 14 Additional agreements shall be repealed and replaced by the following:
"If, after the cessation of the invalidity pension, the insured person is entitled to a new pension, the allowance shall be renewed by the carrier who was obliged to provide the pension initially granted. '
"If, after the termination of the invalidity pension, the insured person's condition justifies the granting of a new invalidity pension, the new pension shall be assessed in accordance with Article 9 of the Additional Agreement. '
The Contracting Parties shall notify each other of the approval of this Supplement in accordance with their respective constitutional requirements. This Supplement shall enter into force on the first day of the third month following the date of the last notification.
Done at Paris, 17 October 1967 in duplicate, each in the Czech and French languages, the two texts being equally authentic.
For the Government
Czechoslovak Socialist Republic:
Dr. V. Pithart v. r.
For the Government
French Republic:
Gilbert de Chambrun v. r.
PROTOCOL
on the supplementary allowance under the French Law of 30 June 1956, as amended
the Government of Czechoslovakia and the Government of France,
Taking into account that the additional allowance introduced in France by the Law of 30 June 1956, as amended, is a levy which is granted without payment of any contributions by interested parties to persons of insufficient age and that the levy is granted under special rules;
Taking into account the amount of old-age benefits enjoyed in Czechoslovakia by employees, French nationals;
Taking into account that the Law of 2 August 1957 extended the provision of this allowance to beneficiaries of invalidity benefits;
agree on the following:
1. Czechoslovak nationals receiving an old-age or invalidity pension under the French system for employees under the legislation referred to in Article 2, § 1 (1) of the General Convention of 12 October 1948 or the legislation on the allowance for old-age workers referred to in the Protocol signed on the same day shall be entitled to an additional allowance under the conditions laid down for French nationals by the Law of 30 June 1956, as amended, taking into account later provisions.
2. The additional allowance referred to in the preceding paragraph shall cease to be granted to Czechoslovak nationals who move out of the territory of metropolitan France.
3. In order to implement the provisions on income contained in the Law of 30 June 1956, as amended, the competent Czechoslovak authorities shall provide their assistance to the French institutions and bodies providing supplementary allowances as regards:
(a) carrying out investigations on the income of the applicant in Czechoslovakia, in particular on the life-benefits provided under the Czechoslovak social security system, and as a result carry out all investigations and findings under the conditions laid down in the Czechoslovak social security legislation;
(b) the valuation of assets owned in Czechoslovakia;
c) coercion, if necessary, of persons living in Czechoslovakia who are obliged to provide nutrition to the applicants concerned.
Applications made by the French institutions and authorities for this purpose will be sent to a central body designated by the Czechoslovak Government.
4. The Contracting Parties shall notify each other of the approval of this Protocol in accordance with their respective constitutional requirements; The Protocol shall enter into force on the first day of the month following the date of the last notification.
This Protocol shall be concluded for a period of one year from its entry into force. It shall be tacitly renewed from year to year unless it is terminated three months before the deadline.
Done at Paris, 17 October 1967 in duplicate, each in the Czech and French languages, the two texts being equally authentic.
For the Government
Czechoslovak Socialist Republic:
Dr. V. Pithart v. r.
For the Government
French Republic:
Gilbert de Chambrun v. r.
PROTOCOL
on the social insurance system to be applied to Czechoslovak students in France and French students in the Czechoslovak Socialist Republic
Government of the Czechoslovak Socialist Republic and
Government of the French Republic
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 68 / 1970 Coll., on contractual documents to the General Convention on Social Security between Czechoslovakia and France of 12 October 1948 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1970 |
|---|---|
| Effective from | 30.06.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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