The Senate and Chamber of Deputies
of the Argentine Nation
meeting in Congress, etc.
Law:ARTICLE 1 Appropriate the COMPLEMENTARY PROTOCOL to the Convention on Social Security between the ARGENTINA REPUBLIC AND THE SPAIN KING, FIRMED ON 28 JANUARY 1997, signed in Buenos Aires on 21 March 2005, consisting of three (3) articles, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DAYS OF THE JULY OF THE YEAR DOS MIL SIETE.
ALBERTO E. BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.
COMPLEMENTARY PROTOCOL TO THE SECURITY CONVENTION
BETWEEN THE ARGENTINA REPUBLIC AND THE KINGDOM OF
SPAIN, SIGNED ON 28 JANUARY 1997
The Social Security Agreement between the Argentine Republic and the Kingdom of Spain signed on 28 January 1997 provides in its article 17 (a) that, in the event of a compulsory insurance period with a voluntary insurance period, the first shall be considered only.
This provision, which makes sense for the purposes of recognition of the law, in practice prevents periods of voluntary insurance, in the event that domestic legislation permits its coincidence with mandatory insurance periods in another country, to be taken into consideration to increase the amount of the benefit.
The philosophy that currently prevails considers it preferable to an excess of protection to a deficit of the same, trying to enhance and promote voluntary insurance, in order to facilitate the movement of workers in the various countries.
In order to achieve this objective, it is necessary to complement the above provision and for this purpose both Contracting Parties, the Argentine Republic and the Kingdom of Spain agree that:
1. The term "Convenio" designates the Convention on Social Security between the Argentine Republic and the Kingdom of Spain of 28 January 1997.
2. The term "Supplementary Protocol" designates this Supplementary Protocol.
3. The expressions and terms defined in Article 1 of the Convention shall have in this Supplementary Protocol the same meaning that is attributed to them in that Article.
Amounts due under voluntary insurance periods
In calculating both the theoretical pension and the actual amount of the benefit under article 9, paragraph 2, of the Convention, the rules set out in article 17 of the Convention shall apply.
The amount effectively due, calculated under article 9, paragraph 2, of the Convention, shall be increased in the amount corresponding to periods of voluntary insurance that have not been computed under article 17, subparagraph (a) of the Convention. This increase will be calculated in accordance with the current legislation of the Contracting State, according to which voluntary insurance periods have been met.
The present Supplementary Protocol shall apply provisionally on the first day of the month following signature and shall enter into force on the date of the last communication by which the Parties communicate by diplomatic means the fulfilment of their necessary internal requirements and shall have the same duration as the Convention.
Made in Buenos Aires, on March 21, 2005, in two copies, both texts being equally authentic.