Multilateral Social Security Agreement Agreements. - Full Text Of The Rule

Original Language Title: ACUERDOS ACUERDO MULTILATERAL DE SEGURIDAD SOCIAL... - Texto completo de la norma

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Law 25.655 Common Market of the South. The Multilateral Agreement for Social Security and the Administrative Regulations for its implementation, signed in Montevideo on 15 December 1997. Sanctioned: September 18, 2002. Cast: October 15, 2002.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Approved the MULTILATERAL SOCIAL SECURITY AGREEMENT OF THE MERCATE COMUN OF THE SUR and the ADMINISTRATIVE REGLAMENT FOR THE IMPLEMENTATION OF THE MULTILATERAL SAFETY AGREEMENT OF SOCIAL SECURITY OF THE MERCATE COMUN OF THE SUR, subscribed to in Montevideo deREPUBLICA ORIENTAL OF THE URUGUAY, on 15 December 1997, ARTICLE 2 Contact the national executive branch.

DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, ON 18 SEP 2002. . REGISTRED BAJO N° 25.655 . EDUARDO O. CHANGE. . MARCELO E. LOPEZ ARIAS. . Eduardo D. Rollano. . Juan J. Canals.

MULTILATERAL AGREEMENT FOR SOCIAL SECURITY

MERCATE AS A SUR

The Governments of the Argentine Republic, the Federal Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay;

CONSIDERING the Treaty of Assumption of 26 March 1991 and the Protocol of Ouro Preto of 17 December 1994; and

DESEOSES to establish rules governing social security relations among MERCOSUR member countries;

They have decided to conclude this Multilateral Social Security Agreement in the following terms:

PART I

General provisions

ARTICLE 1

1. The following terms and expressions have, for the purposes of the implementation of the Agreement, the following meaning:

(a) "States Parties" designates the Argentine Republic, the Federal Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, or any other State that accedes in accordance with Article 19 of this Agreement;

(b) "Legislation", laws, regulations and other social security provisions in force in the territories of the States Parties;

(c) "Competent Authority", the holders of government agencies that, under the domestic legislation of each State Party, have jurisdiction over social security regimes;

(d) " Liaison Agency " , coordinating agency among institutions involved in the implementation of the Agreement;

(e) "Gestoras Entities", the institutions competent to grant benefits under the Agreement;

(f) "Worker", any person who, for carrying out or carrying out an activity, is or was subject to the legislation of one or more of the States Parties;

(g) "Insurance or contribution period", any period defined as such by the legislation under which the worker is welcomed, as well as any period considered by such legislation as equivalent to a period of insurance or quotation;

(h) "Penal claims", any cash, income, allowance or compensation provided for by the laws and mentioned in the Agreement, including any supplement, supplement or revaluation;

(i) "Health benefits", those aimed at preventing, preserving, restoring health or professionally rehabilitating the worker in the terms provided for by the respective national laws;

(j) "Family and assimilated", persons defined or admitted as such by the laws mentioned in the Agreement.

2. The other terms or expressions used in the Agreement have the meaning attached to them by applicable legislation.

3. States Parties shall designate and communicate Gestoras Entities and Liaison Agencies.

PART II

Area of personal application

ARTICLE 2

1. Social Security rights shall be recognized to workers who provide or have served in any State Party by recognizing them, as well as their families and assimilated, the same rights and being subject to the same obligations as nationals of such States Parties with respect to those specifically referred to in this Agreement.

2. This Agreement shall also be applied to workers of any other nationality residing in the territory of one of the States Parties provided that they provide or serve in such States Parties.

PART III

Scope of material application

ARTICLE 3

1. This Agreement shall be applied in accordance with the social security legislation relating to the financial and health benefits existing in States Parties, in the form, conditions and extent set out here.

2. Each State Party shall grant monetary and health benefits in accordance with its own legislation.

3. The rules on prescription and expiry in force in each State Party shall be applied to the provisions of this Article.

PART IV

Determination of applicable legislation

ARTICLE 4

The worker shall be subject to the State party ' s legislation in the territory of which the labour activity is carried out.

ARTICLE 5

The principle set forth in Article 4 has the following exceptions:

1.a) the worker of a company based in one of the States Parties that perform professional, research, scientific, technical or managerial tasks, or similar activities, and others that may be defined by the Permanent Multilateral Commission provided for in Article 16, Sub-paragraph 2 and that he is transferred to serve in the territory of another State Party, for a limited period, shall continue to be subject to the legislation of the State Party of origin up to an exceptional period of twelve months, subject to an express consent,

1 (b) Flight personnel from air transport companies and transit personnel from land transport companies shall remain exclusively subject to the legislation of the State party in whose territory the respective company is based;

1. (c) Members of the crew of a flagship of one of the States Parties shall continue to be subject to the legislation of the same State. Any other worker employed in cargo and discharge, repair and surveillance of the ship at the port shall be subject to the legislation of the State party under whose jurisdiction the ship is located.

2. Members of diplomatic and consular representations, international agencies and other officials or employees of such representations shall be governed by applicable laws, treaties and conventions.

PART V

Health benefits provisions

ARTICLE 6

1. Health benefits shall be granted to the worker temporarily transferred to the territory of another State Party as well as to his or her relatives and assimilated, provided that the State of origin is authorized by the Gestaurant.

2. The costs that originate in accordance with the provisions of the previous Apartament shall be borne by the Master Entity that authorized the benefit.

PART VI

Totalization of insurance or quotation periods

ARTICLE 7

1. The periods of insurance or quotation in the territories of the States Parties shall be considered, for the granting of old age, old age, invalidity or death benefits, in the form and under the conditions set out in the Administrative Regulations. The Administrative Regulations shall also establish payment mechanisms for the purpose of entitlements.

2. The State Party where the worker has paid for a period of less than twelve months may not recognize any benefit, irrespective of whether the period is computed by other States Parties.

3. In the event that the worker or his or her relatives and assimilated persons did not have the right to benefits in accordance with the provisions of sub-paragraph 1, the services provided in another State that had concluded bilateral or multilateral social security agreements with any of the States parties shall also be computed.

4. If only one of the States Parties had concluded a social security agreement with another country, for the purposes of the implementation of sub-paragraph 3, it would be necessary for that State party to assume as its own the period of insurance or quotation in this third country.

ARTICLE 8

The periods of insurance or quotation fulfilled prior to the entry into force of this Agreement shall be considered in the event that the worker has periods of insurance or contributions subsequent to that date, provided that they were not previously used in the granting of pecuniary benefits in another country.

PART VII

Provisions applicable to individual pension and pension schemes

ARTICLE 9

1. This Agreement shall also apply to workers affiliated with a pension and individual capitalization pension scheme, established or established by any State Party for the benefit of old age, old age, disability or death.

2. States Parties and those that accede in the future to this Agreement that possess individual pension and pension schemes may establish mechanisms for transferring funds for the purpose of obtaining old-age, old-age, invalidity or death benefits. Such transfers shall be made at a time when the person concerned credits the right to obtain the respective benefits. Information to participants should be provided in accordance with the laws of each State Party.

3. Fund managers or insurance companies shall comply with the mechanisms provided for in this Agreement.

TITULE VLII

Administrative cooperation

ARTICLE 10

The medical and expert examinations requested by the Gestrian Entity of a State Party, for the purpose of evaluating the temporary or permanent incapacity of the workers or of their relatives or assimilated persons in the territory of another State Party, shall be carried out by the Gestrian Entity of the latter and shall be carried out by the Gestrian Entity, upon request.

PART IX

Final provisions

ARTICLE 11

1. The Gestoras Entities of the States Parties shall pay monetary benefits in the currency of their own country.

2. The Gestoras Entities of States Parties shall establish mechanisms for the transfer of funds for the payment of the pecuniary benefits of the worker or of his or her relatives or assimilated persons residing in the territory of another State Party.

ARTICLE 12

The pecuniary benefits granted under the regime of one or another State Party shall not be subject to reduction, suspension or extinction, solely because of the fact that the worker or his or her relatives or assimilated persons reside in another State Party.

ARTICLE 13

1. Documents required for the purposes of this Agreement shall not require formal translation, visa or legalization of diplomatic, consular and public registration authorities, provided that they have been processed with the intervention of a Gestaurant or Liaison Agency.

2. Correspondence between the Competent Authorities, Liaison Agencies and Gestoras Entities of the States Parties shall be drawn up in the respective official language of the issuing State.

ARTICLE 14

Applications and documents submitted to the Competent Authorities or the Gestoras Entities of any State Party where the person concerned credits periods of insurance or quotation or has his residence shall be effective as if they were submitted to the corresponding Gestoras Authorities or Entities of the other State Party.

ARTICLE 15

The appropriate remedies to be brought before a Competent Authority or a Gestural Entity of any State Party where the person concerned credits periods of insurance or quotation or has his residence shall be subject to interference in a working time, even if they are submitted to the corresponding institution of the other State Party, provided that their submission is made within the time limit established by the State party ' s legislation to which the resources should be substantiated.

ARTICLE 16

1. This Agreement shall be applied in accordance with the provisions of the Administrative Regulations.

2. The Competition Authorities will institute a Permanent Multilateral Commission, which will resolve by consensus. Each Representation shall consist of up to three members of each State Party. The Commission shall have the following functions:

(a) To verify the implementation of the Agreement, the Administrative Regulations and other complementary instruments;

(b) To advise the Competition Authorities;

(c) project any modifications, extensions and complementary standards;

(d) Maintain direct negotiations, for a period of six months, to resolve any divergences on the interpretation or application of the Agreement. With the expiry of the previous term without any dispute being resolved, any State Party may resort to the dispute settlement system in force between the States Parties to the Treaty of Assumption.

3. The Permanent Multilateral Commission will meet once a year, alternately in each of the States Parties, or when requested by one of them.

4. The Competition Authorities may delegate the development of the Administrative Regulations and other complementary instruments to the Permanent Multilateral Commission.

ARTICLE 17

1. This Agreement is subject to ratification and will enter into force on the first day of the month following the date of deposit of the last instrument of ratification.

2. This Agreement and its instruments of ratification shall be deposited with the Government of the Republic of Paraguay, which shall notify the Governments of the other States Parties of the date of deposit of the instruments of ratification and of the entry into force of this Agreement.

3. The Government of the Republic of Paraguay shall send an authenticated copy of this Agreement to the Governments of the other States Parties.

4. Since the entry into force of this Agreement, the Bilateral Social Security or Social Security Conventions between States Parties shall be repealed. The entry into force of this Agreement does not mean, in any case, the loss of rights acquired under the aforementioned Bilateral Conventions.

ARTICLE 18

1. This Agreement shall last indefinitely.

2. A State Party wishing to dissociate itself from this Agreement may at any time denounce it by diplomatic means, notifying the depositary of such circumstances, who shall communicate it to other States Parties. In this case, the rights acquired under this Agreement shall not be affected.

3. States Parties shall, in common agreement, regulate the consequent situations of denunciation of this Agreement.

4. Such a complaint shall take effect six months after the date of notification.

ARTICLE 19

This Agreement shall be open to accession, through negotiation of States that accede to the Treaty of Assumption in the future.

Made in Montevideo, on the fifteenth day of December 1997, in an original, in the Portuguese and Spanish languages, both texts being equally authentic.

(signed)

Guido di Tella

Minister for Foreign Affairs,

International Trade and Worship

Argentina

(signed)

Luiz Felipe Lampreia

Minister for Foreign Affairs

Federal Republic of Brazil

(signed)

Ruben Melgarejo Lanzoni

Minister for Foreign Affairs

Republic of Paraguay

(signed)

Carlos Pérez del Castillo

Minister (i) for Foreign Affairs

Eastern Republic of Uruguay

ADMINISTRATIVE RULES FOR THE IMPLEMENTATION OF THE MULTILATERAL SAFETY AGREEMENT FOR THE SUR

The Governments of the Argentine Republic, the Federal Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, pursuant to Article 16 of the Multilateral Social Security Agreement, establish the following Administrative Regulations:

PART I

General provisions

ARTICLE 1

For the implementation of these Administrative Regulations:

1. The term "Agreement" designates the Multilateral Agreement for Social Security between the Argentine Republic, the Federal Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay or any other State to accede to.

2. The term "Administrative Regulation" designates these Administrative Regulations.

3. The terms and expressions defined in Article 1 of the Agreement have the same meaning in these Administrative Regulations.

4. The time limits mentioned in these Administrative Regulations shall be counted, except for express reference to the contrary in correct days. In the event of an untiring day they will be extended until the next working day.

ARTICLE 2

1. Competent authorities are the incumbents: in Argentina, the Ministry of Labour and Social Security and the Ministry of Health and Social Action; in Brazil, the Ministry of Social Welfare and the Ministry of Health; in Paraguay, the Ministry of Justice and Labour and the Ministry of Public Health and Social Welfare; and in Uruguay, the Ministry of Labour and Social Security.

2. The National Health Insurance Institute (ANSES), the National Social Security Administration (ANSES), the Municipal or Provincial Insurance Institutes, the Superintendence of Trust and Pension Fund Administrators and the Pension and Pension Fund Managers, in respect of the regimes that protect old-age, disability and death insurance, based on the system of the distribution of capital

3. They are liaison agencies: in Argentina, the National Social Security Administration (ANSES) and the National Health Insurance Administration (ANSSAL); in Brazil, the National Social Security Institute (INSS) and the Ministry of Health; in Paraguay, the Social Security Institute (IPS); and in Uruguay, the Social Security Bank (BPS).

4. The Liaison Agencies established in Article 3 of this Article shall aim to facilitate the implementation of the Agreement and take the necessary measures to achieve its maximum administrative acceleration and simplification.

PART II

Provisions on temporary movement of workers

ARTICLE 3

1. In the cases provided for in Article 5.1(a) of the Agreement, the Liaison Agency shall, at the request of the company of the State of origin of the worker who is temporarily transferred to provide services in the territory of another State, issue a certificate stating that the worker remains subject to the legislation of the State of origin, indicating the relatives and assimilated that accompany them in this transfer.Copy of such certificate shall be delivered to the worker.

2. The company that temporarily transferred the worker shall, where appropriate, communicate to the State Liaison Agency that issued the certificate the cessation of the activity provided for in the previous situation.

3. For the purposes set out in Article 5.1(a) of the Agreement, the company shall submit the request for extension to the State of origin. The State of origin Gestora entity shall issue the corresponding extension certificate, through prior consultation and express consent of the Gestural Entity of the other State.

4. The company will submit the requests referred to in Parts 1 and 3 with thirty days of minimum advance of the occurrence of the generator fact. Otherwise, the worker shall automatically be subject, from the beginning of the activity or the expiration date of the authorized period, to the law of the State in whose territory he or she shall continue to carry out his or her activities.

PART III

Provisions on health benefits

ARTICLE 4

1. The worker temporarily transferred in the terms of Article 5(1)(a) of the Agreement, or his family members and assimilated, so that they may obtain health benefits during the period of stay in the State Party in which they are located, shall submit to the Liaison Agency the certificate referred to in Subparagraph I or 3 of the previous Article.

ARTICLE 5

The worker or his or her relatives and assimilated persons in need of emergency medical assistance shall submit to the State ' s Managing Entity the certificate issued by the State of origin.

PART IV

Totalization of insurance or quotation periods

ARTICLE 6

1. In accordance with Article 7 of the Agreement, the periods of insurance or quotations fulfilled in the territory of the States Parties shall be considered for the granting of benefits for old age, advanced age, invalidity or death, as follows:

(a) Each State Party shall consider periods fulfilled and certified by the other State, provided that they are not exceeded, as periods of insurance or quotation, in accordance with its own legislation;

(b) The periods of insurance or quotation fulfilled prior to the commencement of the Agreement shall be considered only when the worker has periods of work to be fulfilled from that date;

(c) The period served in a State party, under a voluntary insurance scheme, shall only be considered when it is not simultaneous with a period of insurance or compulsory contributions fulfilled in another State.

2. In the event that the application of Article 7(2) of the Agreement shall be waived from its obligations to all the Competent Wraith Entities of the affected States Parties, the benefits shall be granted under the exclusive protection of the last of the States Parties where the worker meets the conditions required by his or her legislation, subject to the totalization of all periods of insurance or contributions fulfilled by the worker in all States Parties.

ARTICLE 7

The benefits to which workers, their families and assimilated persons are entitled, under the law of each State Party, shall be in accordance with the following rules:

1. When the conditions required by a State party ' s legislation are met to have the right to benefits without the need for full periods provided for in Title Vl of the Agreement, the Master Entity shall grant the benefit only under the applicable national legislation, without prejudice to the totalization that the beneficiary may apply.

2. Where the right to benefits is not born solely on the basis of the periods of insurance or quotation fulfilled in the State Party concerned, the granting of the benefit shall be taken into account the totalization of the periods of insurance or quotation fulfilled in the other States Parties.

3. In the event of the application of the preceding Sub-paragraph, the Gestaurant shall determine, in the first place, the amount of the benefit to which the person concerned or his or her relatives and assimilated persons would be entitled as if the totalized periods had been fulfilled under its own legislation, and then shall set the amount of the allowance in proportion to the periods fulfilled exclusively under that legislation.

PART V

Submission of applications

ARTICLE 8

1. In order to obtain the granting of benefits in accordance with the provisions of Article 7 above, workers or members of their families and assimilated persons shall submit a request, in special form, to the State Liaison Agency in which they reside.

2. Workers or members of their families and assimilated persons residing in the territory of another State shall contact the State party ' s Liaison Agency under whose legislation the worker was insured in the last period of insurance or contribution.

3. Without prejudice to the provisions of Sub-paragraph 1, applications addressed to the Competent Authorities or Gestoras Entities of any State Party where the person concerned credits periods of insurance or contributions or has his residence shall have the same effect as if they were handed over to the Liaison Agency provided in the preceding Sub-paragraphs. The Competition Authorities or Receiving Gestoras Entities shall, without delay, send them to the competent Liaison Agency, informing the dates on which the applications were filed.

ARTICLE 9

1. For the processing of applications for pecuniary benefits, the Liaison Agencies shall use a special form in which, inter alia, the employee ' s membership data, or, where appropriate, their family members and assimilated in conjunction with the relationship and summary of the periods of insurance or contribution fulfilled by the worker in the States Parties.

2. The State Liaison Agency requesting the benefit shall evaluate, if any, the temporary or permanent incapacity, issuing the corresponding certificate, which shall accompany the medical-perpetal examinations of the worker, or, where appropriate, his family members and assimilated persons.

3. The medical and expert opinions of the worker shall include, inter alia, whether the temporary incapacity or disability is the result of an occupational accident or illness and indicate the need for professional rehabilitation.

4. The other State ' s Liaison Agency shall rule on the application, in accordance with its respective legislation, in the light of the medical-period background.

5. The State Liaison Agency requesting the provision shall forward the forms established to the Liaison Agency of the other State.

ARTICLE 10

1. The other State Liaison Agency shall complete the forms received with the following indications:

(a) periods of insurance or contributions credited to the worker under its own legislation;

(b) the amount of the benefit granted in accordance with Article 7, paragraph 3, of these Administrative Regulations.

2. The Liaison Agency noted in the previous paragraph shall submit the completed forms to the State Liaison Agency where the worker requested the benefit.

ARTICLE 11

1. The resolution on the benefit requested by the worker or his or her family and assimilated shall be notified by the Gestrian Entity of each State Party to the domicile of the workers through the respective Liaison Agency.

2. A copy of the resolution shall be notified to the Liaison Agency of the other State.

PART VI

Final provisions

ARTICLE 12

The Gestoras Entities and Liaison Agencies of States Parties shall control the authenticity of documents submitted by the worker or his or her family and assimilated.

ARTICLE 13

The Permanent Multilateral Commission shall establish and approve the necessary liaison forms for the implementation of the Agreement and the Administrative Regulations. Such link forms should be used by the Gestoras Entities and Liaison Agencies to communicate with each other.

ARTICLE 14

These Administrative Regulations shall have the same duration as the Agreement.

This Agreement shall be deposited with the Government of the Republic of Paraguay, which shall send an authenticated copy thereof to the Governments of other States Parties.

Made in Montevideo, on the fifteenth day of December 1997, in an original, in the Portuguese and Spanish languages, both texts being equally authentic.

(signed)

Guido di Tella

Minister for Foreign Affairs,

International Trade and Worship

Argentina

(signed)

Luiz Felipe Lampreia

Minister for Foreign Affairs

Federal Republic of Brazil

(signed)

Ruben Melgarejo Lanzoni

Minister for Foreign Affairs

Republic of Paraguay

(signed)

Carlos Pérez del Castillo

Minister (i) for Foreign Affairs

Eastern Republic of Uruguay