Posted the: 2009-07-22 Numac: 2009015036 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 12 February 2009. -Law approving the Convention on welfare between the Kingdom of Belgium and the Oriental Republic of the Uruguay, signed in Montevideo on November 22, 2006 (1) (2) ALBERT II, King of the Belgians, has all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Convention on social security between the Kingdom of Belgium and the Oriental Republic of the Uruguay, signed in Montevideo on November 22, 2006, will release its full and complete effect.
S. 3. the amendments to the provisions of articles 7 to 9 of the Convention, article 10 of the Convention, will release their full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, February 12, 2009.
ALBERT by the King: Foreign Minister K. DE GUCHT the Minister of Social Affairs, Ms. L. ONKELINX the Minister of independent, Ms. S. LARUELLE the Minister of Pensions, Ms. M.
ARENA seen and sealed with the seal of the State: the Minister of Justice S. DE CLERCK Notes (1) Sessions 2007 - 2008 and 2008-2009.
Documents. - Bill filed on June 23, 2008, no. 4 - 822/1. -Report, n ° 4-822/2 parliamentary Annals. -Discussion, meeting of November 6, 2008. -Vote meeting of November 6, 2008.
House of representatives.
Documents. -Draft transmitted by the Senate, no. 52-1563/1. -Text adopted at the plenary and subject to Royal assent, no. 52 - 1563/2 parliamentary Annals. -Discussion, meeting of November 27, 2008. -Vote meeting of November 27, 2008.
(2) pursuant to article 32 thereof, this convention enters into force on August 1, 2009.
Convention on social security between the Kingdom of Belgium and the Eastern Republic of the Uruguay the Kingdom of Belgium and the Eastern Republic of the Uruguay, animated by the desire to settle the mutual relations between the two States in the field of social security, have agreed as follows: title I:. -Provisions General Article 1 Definitions 1. For the purposes of this Convention: a) "Belgium" means: the Kingdom of Belgium.
«Uruguay» means: the Oriental Republic of the Uruguay.
(b) the term "national" means: in relation to the Belgium: a person of Belgian nationality.
With regard to the Uruguay: a natural or legal citizen in accordance with the legislation of the Uruguay.
(c) the term 'legislation' means: the laws and regulations referred to in article 2.
(d) the term "competent authority" means: in relation to the Belgium: Ministers, each in relation to the application of the legislation referred to in article 2, paragraph A.
With regard to the Uruguay: the Ministry of labour and social security or the delegate body.
(e) the term "competent institution" means: the body or authority responsible for administering, in whole or in part, the laws referred to in article 2.
(f) the term "liaison body" means: the coordination and organization of information between the competent institutions of both Contracting States involved in the application of this Convention and in the information of the persons concerned on the rights and obligations arising therefrom.
(g) the term "period of insurance" means: any period recognized as such by the legislation under which this period has been completed, as well as any period recognized by this legislation as equivalent to a period of insurance.
(h) "benefit" means: any pension or any benefit in cash or in kind provided for under the laws referred to in article 2 of this Convention, including all supplements, increases or indexing.
2. any term not defined in paragraph 1 of the present article has the meaning assigned to it by legislation which applies.
Article 2 scope 1. This Convention shall apply: a. with regard to Belgium, to the legislation concerning: has) pensions retirement and survival of salaried workers and the self-employed;
(b) to disability of employees, sailors of the Merchant Navy and the self-employed;
and, with regard to part II only, the laws on: c) to social security for employees;
(d) in the social status of self-employed persons;
B. in relation to Uruguay, to constitutional, legal standards and regulations relating: has) to contributory benefits of social security with regard to plans of retirement and pensions, both of the distribution system of individual capitalization system;
(b) to benefits in cash or in kind which cover the risks of illness or maternity.
2. the present Convention will also apply to all legislative or regulatory acts which amend or supplement the laws listed in paragraph of this article.
This Convention will apply to the legislative or regulatory acts which will extend the existing to new categories of beneficiaries plans if there is not, in this regard, opposition of the Contracting State which amends its legislation notified to the other Contracting State within a period of six months from the publication official said acts.
This Convention is not applicable to legislative or regulatory acts establishing a new branch of social security, except if an agreement to that effect between the competent authorities of the two Contracting States.
Article 3 scope of application personal unless otherwise, this Convention applies to persons who are or who have submitted to the legislation of one Contracting States or of the two Contracting States, as well as to the members of the family and survivors of the said persons.
Article 4 equality of treatment unless it is otherwise specified in this Convention, the persons referred to in article 3 shall be subject to the obligations and are admitted to the benefit of the legislation of each Contracting State under the same conditions as nationals of that State.
Article 5 export of benefits 1. Unless this agreement provides otherwise, the benefits acquired under the legislation of one of the Contracting States may not be suspended, or undergo any reduction or change the beneficiary resides or resides in the territory of the other Contracting State.
2. the retirement and survival due benefits by one of the Contracting States shall be paid to nationals of the other Contracting State who reside in the territory of a third State under the same conditions as nationals of the first Contracting State residing in the territory of that third State.
With regard to the Uruguay, these benefits are also paid when beneficiaries can prove that they have or that they had a valid Uruguayan identity card, upon the exercise of an activity recognized in accordance with the legislation in force in that country.
Article 6 provisions for reduction or suspension 1.
Any clause of reduction or suspension of benefit provided for by the legislation of a Contracting State, applicable in the case of overlapping of a benefit with other benefits welfare or with other income, or because of the exercise of a professional activity in the territory of that Contracting State, is also applicable to the benefits due under the legislation of the other Contracting State or to obtained revenues or the product of a professional activity in the territory of that other Contracting State.
2. However, for the purposes of this rule, it need not account for benefits of the same nature which are awarded by the competent bodies of the two Contracting States, in accordance with the provisions of articles 12 and 18 of the Convention.
TITLE II. -Provisions determining the applicable law Article 7 General rules 1. Subject to articles 8 to 10 of the present Convention, the applicable law is determined in accordance with the following provisions: a) person exercising a professional activity in the territory of a Contracting State is subject to the legislation of that State;
(b) the person exercising an occupation on board a vessel flying flag of a Contracting State is subject to the legislation of that State;
(c) a person who is part of the aircrew of a company performing international transport of passengers or goods for hire or reward or for its own account, and having its seat in the territory of a Contracting State is subject to the legislation of the latter State. However, when the enterprise on the territory of the other Contracting State, a branch or permanent representation, the employee that it occupies is subject to the legislation of the Contracting State on whose territory it is located.
(d) a person who is simultaneously gainfully employed in the territory of the two Contracting States is subject to the legislation of the Contracting State on whose territory she resides.
2. in the case of simultaneous exercise of independent professional activity in Belgium and employee in Uruguay, the activity carried out in Uruguay is assimilated to a salaried activity in Belgium, for the fixation of
obligations resulting from the Belgian legislation on the social status of self-employed persons.
Article 8 specific rules 1. (a) the self-employed person who, being at the service of an undertaking having its headquarters on the territory of one of the Contracting States or a branch, which it normally is posted by this company on the territory of the other Contracting State to undertake work for the account of, is subject only to the legislation of the first Contracting State as if he continued to be employed in its territory provided that the predictable work time that it must perform does not exceed twenty-four months and that he is not sent to replace another worker reached the end of the period of secondment.
(b) the provisions of the substituted has) are also applicable to the members of the family accompanying the worker employed in the territory of the other Contracting State, unless they perform a salaried or self-employed activity in the territory of that Contracting State.
(2. article 7, paragraph 1, littera b), is not applicable for the person who is not usually occupied on sea is occupied in the territorial waters or in a port of one of the Contracting States on a ship flying the flag of another State. (As appropriate, article 7, paragraph 1, littera a) or paragraph 1 littera a) of the present article shall apply.
Article 9 civil servants, members of diplomatic missions and consular posts 1. Officials and clerks are subject to the legislation of the Contracting State of which the administration employing them. These people, as well as their family members are, therefor, considered as residing in the territory of that State, even if they are on the territory of the other Contracting State.
2. has) people sent by the Government of a Contracting State in the territory of the other Contracting State as members of a diplomatic mission or a consular post are subject to the legislation of the first Contracting State.
(b) persons engaged by a diplomatic mission or a consular post of one of the Contracting States on the territory of the other Contracting State are subject to the legislation of that Contracting State.
However, persons who are nationals of the first Contracting State may opt for the application of the legislation of that Contracting State.
This choice must take place within three months after the beginning of the activity for the diplomatic mission or consular post or within six months from the date of entry into force of this Convention, as the case may be.
((c) where the diplomatic mission or consular post of a Contracting State is the people which, in accordance with the letter b) of this paragraph, are subject to the legislation of the other Contracting State, the mission or post shall take account of the obligations imposed on employers by the laws of the latter Contracting State.
((d) the provisions of the letter b) and (c)) of this paragraph shall apply by analogy to persons employed in the private service of a person referred to in the letter a) of this paragraph.
(e) the provisions of the letter a) to (d)) of this paragraph shall not apply to members of a consular post or the persons employed on private persons service.
((f) the provisions of this paragraph are also applicable to the members of the family of persons referred to in the letter a) to d), living in their household, unless they exercise themselves a professional activity.
Article 10 exceptions the competent authorities or the competent institution designated by them may provide, by mutual agreement, in the interests of certain insured persons or certain categories of insured persons, derogations from the provisions of articles 7 to 9.
TITLE III. -Provisions concerning benefits Chapter 1. -Totalization. -Rules General Article 11 totalization of insurance periods 1.
Subject to the provisions of paragraph 2 of this article, periods of insurance and assimilated periods completed under the law on benefits of one of the Contracting States, shall be aggregated as necessary, on condition that they do not overlap with periods of insurance completed under the legislation of the other Contracting State for the acquisition retention or recovery of the right to benefits.
When two periods recognized as assimilated to a period of insurance, periods coincide, only the period completed in the Contracting State where the person concerned has worked before this period is taken into account.
2. where the legislation of either of the two Contracting States the granting of certain benefits on the condition that the periods of insurance have been completed in a given profession, not be totaled, for admission to these benefits, that the periods of insurance completed or recognized equivalent in the same occupation in the other Contracting State.
3. where the legislation of either of the two Contracting States granting certain benefits provided that periods of insurance have been completed in a particular profession and when these periods were able to qualify such benefits, those periods are considered valid for the liquidation of the benefits provided by the scheme for the Uruguay and the general scheme of employees for the Belgium.
Article 12 calculation of benefits 1. Where the person meets the conditions required by the legislation of one of the two Contracting States to qualify for benefits without any need for the aggregation, the competent institution of the State concerned calculates the right to delivery directly on basis of periods of insurance completed in that Contracting State and only according to its own legislation.
This institution is also the calculation of the amount of the benefit that would be obtained by application of the rules laid down in paragraph 2 of this article. The highest amount is only retained.
With regard to the present Belgium paragraph is only applicable to benefits for old age and survival.
2. If a person can claim a benefit to which she is entitled only in light of the aggregation of periods in accordance with article 11, the following rules apply: a) the concerned competent institution shall calculate the theoretical amount of the benefit that would be due if all the insurance periods completed under the legislation of both Contracting States had been completed only under the legislation which it administers;
(b) the competent institution concerned then calculates the amount due, on the basis of the amount referred to in the littera), in proportion to the duration of the periods of insurance completed under its sole legislation compared to the duration of periods of insurance recorded under the littera has).
3. the mere fact that this Convention is applicable cannot have the effect of reducing the rights of the person concerned.
CHAPTER 2. -Application of Uruguayan legislation Article 13 specific Conditions for recognition of the right 1.
If Uruguayan legislation granting of benefits governed by this chapter provided that the worker has been subject to that legislation at the time of the advent of the cause of the delivery, this condition will be considered satisfied if the worker was insured under the Belgian legislation or, failing that, if it enjoys a benefit Belgian of the same kind or a benefit of a different kind to which he is entitled.
2. If the Uruguayan law requires to recognize the benefit periods of insurance have been completed during a period immediately preceding the fact that opened right in the delivery, this condition will be held for satisfied if the person concerned actually the evidence concerning the period immediately preceding the recognition of the benefit in Belgium.
Article 14 calculation of contribution periods in special or subsidised schemes 1. If Uruguayan legislation conditioning the right or the granting of certain benefits to the completion of periods of insurance in an activity subject to a special or enhanced in an activity or a term plan, the periods completed under the Belgian legislation will be taken into account for the granting of these benefits or benefits, if they were completed under a plan of the same nature , or failing this, in the same activity or, where appropriate, in a job with similar characteristics.
2. If taking into account the periods thus completed, the person concerned does not satisfy the conditions necessary to benefit from a provision of a special regime or enhanced, these periods will be taken into account for the granting of general or another plan special or enhanced benefits which the person concerned could avail.
Section 15 death benefit the death benefit will be granted by the competent institution of the Uruguay in the event that the recipient reside on its territory at the time of death.
Article 16 benefits 1. Workers affiliated in Uruguay to "Administration of funds of retirement for social security" (AFAP) will finance their benefits with capitalised sums in their individual accounts.
2. the benefits provided by the system of capitalization will add
benefits which are the responsibility of the system of solidarity when the worker fulfills the conditions prescribed by the legislation in force, using if necessary the aggregation of periods of insurance.
CHAPTER 3. -Enforcement of legislation Belgian Article 17 for the acquisition, retention or recovery of the right to invalidity benefits, the provisions of article 11 shall apply by analogy.
Section 18 (1). If the right to Belgian disability benefits is only open by aggregation of periods of insurance Belgian and Uruguayan carried out in accordance with article 17, the amount of the benefit payable shall be determined following the rules laid down by article 12, paragraph 2.
2. where the right to Belgian disability benefits is open without requiring to use the provisions of article 17, and that the amount resulting from the addition of the Uruguayan provision and the Belgian benefit calculated according to paragraph 1 of this article, is less than the amount of the benefit due on basis of Belgian legislation only the competent Belgian institution allocates a supplement equal to the difference between the sum of the two abovementioned benefits and the amount due under Belgian legislation only.
Article 19 notwithstanding the provisions of article 17, in the cases referred to in article 18, paragraph 1, no invalidity benefit is payable by the Belgium when insurance periods completed under its legislation, prior to the materialisation of the risk, do not, as a whole, a year.
Article 20 by way of derogation from article 5 of this Convention, the holder of a disability benefit for the Belgian legislation retains the benefit of this provision during a stay in the other State, when this stay has been previously authorized by the competent Belgian institution. However, this authorization may be refused where the residence is located in the period during which, under Belgian legislation, the competent Belgian institution must conduct an evaluation or review of the degree of invalidity.
Article 21 1. If, due to the increase in the cost of living, the variation in the level of wages or for other reasons, old-age benefits, of survival and Uruguayan disability undergo a change of a percentage or a fixed amount, there is no reason to make a recalculation of pension benefits, survival or Belgian disability.
2 However, in the case of changing the mode of establishment or to the rules of calculation of disability, old age, and survival benefits a recalculation is made in accordance with article 12 or 18.
TITLE IV. (-Provisions various Article 22 Missions of the competent authorities the competent authorities: has) take, by administrative arrangement, the measures necessary for the implementation of this Convention and shall designate liaison bodies and institutions;
(b) define the mutual administrative assistance procedures, including the apportionment of the expenses related to obtaining necessary medical, administrative and other certificates for the purposes of this Convention;
(c) communicate directly all information concerning the measures taken for the application of this Convention;
(d) shall communicate, as soon as possible and directly, any change in their legislation which may affect the application of this Convention.
Article 23 administrative co-operation 1. For the purposes of this Convention, the competent authorities and competent institutions of each of the Contracting States reciprocally lend their good offices, as if it were the application of their own legislation.
This assistance is in principle free of charge; However, the competent authorities may agree on the reimbursement of certain expenses.
2. the benefit of the exemptions or reductions of fees, stamp, registry or registration rights provided for by the legislation of one of the Contracting States for documents required to be produced in application of the legislation of that State, is extended to similar documents required to be produced in application of the legislation of the other State and coins.
3. all acts and documents to be produced in application of the present Convention shall be exempt from authentication by diplomatic or consular authorities.
4. for the application of this Convention, the competent authorities and the liaison of the contracting bodies are authorized to correspond directly with each other. Correspondence can be done in one of the official languages of the Contracting States.
Article 24 applications, declarations and use claims, declarations or appeals which should be introduced, according to the legislation of a Contracting State, within a specified period to an authority, a body or a Court of this State shall be admissible if they are introduced within the same period to an authority, a body or a Court of the other Contracting State.
In this case, the authority, the agency or the Court so seized shall without delay send these requests, declarations or appeals to authority, the body or the jurisdiction of the first Contracting State either directly or through the competent authorities of the Contracting States. The date to which such claims, declarations or appeals were introduced to an authority, a body or a Court of the other Contracting State is considered as the date of submission to the authority, body or competent jurisdiction to learn.
An application or document may be rejected because it is written in an official language of the other Contracting State.
Article 25 payment of benefits receivable benefits under this Convention bodies validly available in the currency of their State.
Transfers resulting from the application of the present Convention are held in accordance with the agreements in force on this matter between the two Contracting States.
The provisions of the legislation of a State Contracting monitoring Exchange cannot impede the free transfer of the financial amounts resulting from the application of this Convention.
Article 26 settlement of disputes disputes relating to the interpretation and execution of this agreement will be resolved, to the extent possible, by the competent authorities.
Article 27 undue payments when a beneficiary has received undue payment of a competent institution of a Contracting State and that he sees a benefit to the competent institution of the other State Contracting, the first competent institution may request to offset the undue payment by way of arrears or amounts still due to the beneficiary in the latter Contracting State. The competent institution of the latter State will deduct the amount in accordance with and within the limits of the legislation applied by that institution and transfer the amount to the competent institution is entitled to reimbursement.
Title V. - Transitional provisions and final Article 28 contingencies prior to the entry into force of the Convention 1. This Convention also applies to contingencies is conducted prior to its entry into force.
2. this Convention does not right open for the payment of benefits for a period prior to its entry into force.
3. any period of insurance completed under the legislation of a Contracting State before the date of entry into force of the Convention is taken into account for the determination of the entitlement to a benefit granted in accordance with the provisions of the Convention.
4. this Convention does not apply to rights which had been liquidated on a final basis by the granting of a lump sum or the reimbursement of contributions.
Article 29 Revision, prescription, forfeiture 1. Any benefit which has not been awarded or which has been suspended because of the nationality of the person concerned or by reason of his residence in the territory of the Contracting State other than that where the debtor organization, is at the request of the person concerned, liquidated or restored from the entry into force of this Convention.
2. the rights of the persons concerned having obtained prior to the entry into force of the said Convention, the liquidation of a pension or an annuity, are revised at their request, taking into account the provisions of the Convention. Under no circumstances, such a revision must have reduced the earlier rights of the persons concerned.
3. If the application referred to in subsections ler or 2 of the present article is presented within a period of two years from the date of entry into force of this Convention, rights in accordance with the provisions of the Convention are acquired from this date, without the provisions of the legislation of one or the other State Contracting relating to the forfeiture or the prescription of rights, are prejudicial to the persons concerned.
4. If the request referred to in paragraphs ler or 2 of the present article is submitted after the expiry of a period of two years following the entry into force of this Convention, the rights which are not stricken forfeited or which are not prescribed are acquired from the date of the application, subject to more favourable provisions of the legislation of the Contracting State concerned.
Article 30 during this Convention is concluded for an indefinite period. It may be denounced by one of the Contracting States by notification
written addressed to either State Contracting with a twelve month notice period.
Article 31 warranty of acquired rights, or by way of acquisition in the event of denunciation of this Convention, the rights and benefits acquired under the Convention will be maintained. The Contracting States will take arrangements in relation to the rights in the process of acquisition.
Article 32 entry into force this Convention shall enter into force the first day of the third month following the date of receipt of notification by the the last of the two Contracting States will be served to the other Contracting State that the legally required formalities have been completed.
In witness whereof the undersigned, duly authorized, have signed this Convention.
Done at Montevideo, November 22, 2006, in duplicate, in languages, French, Spanish and Dutch, the three texts being equally authentic.