Posted the: 1999-11-23 Numac: 1999015206 Ministry of Foreign Affairs, international trade and international COOPERATION 13 June 1999. -Law approving the Convention on welfare between the Kingdom of Belgium and the Republic of Chile, and the Administrative Arrangement concerning the modalities of implementation of the Convention on social security between the Kingdom of Belgium and the Republic of Chile, signed in Brussels on 9 September 1996 (1) (2) ALBERT II, King of the Belgians, has all, present and future Hello.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
2. the Convention on social security between the Kingdom of Belgium and the Republic of Chile and the Administrative Arrangement concerning the modalities of implementation of the Convention on social security between the Kingdom of Belgium and the Republic of Chile, signed in Brussels on 9 September 1996, will come out full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, June 13, 1999.
ALBERT by the King: the Minister for Foreign Affairs, E. DERYCKE. the Minister responsible for public health, L. VAN DEN BOSSCHE the Minister responsible Agriculture and small and medium enterprises, H. VAN ROMPUY the Minister of Social Affairs, Mrs M. DE GALAN sealed with the seal of the State: the Minister of Justice, T. VAN PARYS _ Note (1) 1998-1999 Session.
-Bill tabled on March 12, 1999, n ° 1 - 1317/1. -Report, n ° 1-1317/2. -Text adopted at the meeting and forwarded to the House, no 1-1317/3.
Parliamentary Annals. -Discussion. Meeting of April 21, 1999. -Vote. Meeting of April 22, 1999.
Room Documents. -Bill passed by the Senate on April 23, 1999, no. 49 - 2176/1. -Report, no. 49-2176/2.
Parliamentary Annals. -Discussion and vote. Meeting of April 29, 1999.
Convention on social security between the Kingdom of Belgium and the Republic of Chile the Kingdom of Belgium and the Republic of Chile, of the desire to resolve the interrelationship between the two States in the field of social security, have agreed to conclude the following Convention: title I:. -Provisions General Article 1 Definitions 1. For the purposes of this Convention: (a) the term "Belgium" means the Kingdom of Belgium; "Chile" refers to the Republic of the Chile.
(b) the term "national" means: in relation to the Belgium: a person of Belgian nationality;
With regard to the Chile: political a person recognized as such by the Constitution of the Republic of the Chile.
(c) the term 'legislation' means: the laws and regulations referred to in article 2.
(d) 'competent authority' means: in relation to the Belgium: Ministers, each in relation to the application of the legislation referred to in article 2, paragraph 1 (A);
With regard to the Chile: the Minister of labour and social welfare.
(e) the term "competent body" means: the institution, the body or authority responsible for applying, in whole or in part, the laws referred to in article 2, paragraph 1.
(f) 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.
(g) the temme "pension" means: any pension or any cash benefit, including any supplements or increases which are applicable under the laws referred to in article 2.
(h) the term "survivor" means: in relation to the Belgium: any person defined or recognized as such by the Belgian legislation.
With regard to the Chile: any person having the quality of recipient of survivor's pension.
(i) the term "member of the family" means: in relation to the Belgium: any person defined or recognised as a member of the family or designated as a member of the household by Belgian legislation;
With regard to the Chile: any person having the quality of recipient of benefits under the applicable legislation.
(j) the term "stateless person" means: in relation to the Belgium: the person defined as stateless in article ler of the Convention of 28 September 1954 relating to the status of stateless persons;
With regard to the Chile: any person who has no nationality.
(k) the term 'refugee' means: the person having obtained the recognition of refugee status pursuant to the Convention of 28 July 1951 relating to the status of refugees and of the Protocol of 31 January 1967.
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 applies: has) with regard to the Belgium: has) to the laws relating to pensions and survival of salaried workers and the self-employed;
((b) in the laws relating to disability of employees benefits, miners, sailors merchant and self-employed workers, and in regard to part II only, the laws on: c) to social security for employed persons;
(d) in the social status of self-employed persons.
(B) with respect to Chile, to legislation on: a) the new system of pensions for old-age, invalidity and survival, based on individual capitalization;
b) invalidity, old-age pensions and survival schemes operated by the Instituto de Nommalizacion Previsional;
c) plans of health benefits to the effects of the provisions of article 22, and, with regard to title II only: d) other social security systems.
2. this Convention applies also has all legislative or regulatory acts which amend or supplement the laws listed in paragraph 1 of this article.
3. However, this Convention shall not apply to the legislative or regulatory acts that extend existing to new categories of beneficiaries unless there is not, in this regard, opposition of the Government of the Contracting State which amends its legislation, notified the Government of the other Contracting State within a period of six months from the publication official said acts.
Article 3 scope personal unless provided otherwise, this Convention applies: a) to persons who are or who have submitted to the legislation of one of the Contracting States and which are: 1) nationals of one of the Contracting States, or of 2) stateless persons or refugees recognized by one of the Contracting States, as well as to members of their families and their survivors;
(b) to the survivors and their family members of persons who were subjected to the legislation of one of the two Contracting States, without regard to the nationality of such persons when these survivors or those members of the family are nationals of one of the Contracting States, or stateless persons or refugees recognized by one of the Contracting States.
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 of the Contracting States under the same conditions as nationals of that State.
Article 5 export of benefits 1. Pensions acquired under the legislation of one of the Contracting States may not suffer any reduction or change the beneficiary resides or resides in the territory of the other Contracting State.
2. pensions old age and survival owed by one of the Contracting States shall be paid to nationals of the other State who reside in the territory of a third country under the same conditions as nationals of the first State residing in the territory of that third State.
Article 6 reduction or suspension Clauses of reduction or suspension clauses provided for by Belgian legislation, 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, are prejudicial to the recipient, even if it benefits acquired under a Chilean plan or if it obtained income or a professional activity in the territory of the Chile.
TITLE II. (-Provisions determining the applicable law Article 7 general rule subject to articles 8 to 10, the applicable law is determined in accordance with the following provisions: a) the persons who exercise a professional activity in the territory of a Contracting State are subject to the legislation of that State;
b) persons exercising permanently an occupation on board a vessel flying flag of a Contracting State shall be subject to the legislation of that State.
Article 8 specific rules 1. A self-employed person who, being at the service of an undertaking having the territory of one of the Contracting States where it is normally is posted by this company on the territory of the other Contracting State to undertake work for the account of, remains, as well as members of his family who accompany him, subject to the legislation of the first State as if it continued to be occupied its territory provided that the anticipated duration of work it must perform exceeds
not twenty-four months and that he is not sent to replace another worker managed to the end of the period of secondment.
2. article 7 (b), is not applicable to persons who were not usually occupied on sea, are engaged in the territorial waters or in a port of one of the Contracting States on a ship flying the flag of another State.
According to the case, article 7 or paragraph 1 of the present article shall apply.
3. employees of transport undertakings having their seat in the territory of one of the Contracting States, which are posted to the territory of the other Contracting State or are occupied, either temporarily, as itinerant personnel, and members of their families accompanying them, are subject to the legislation of the Contracting State in whose territory the undertaking has its registered office.
However, when the enterprise on the territory of the other Contracting State, a branch or permanent representation, the employees that it occupies are subject to the legislation of the State Contracting on whose territory it is located, with the exception of those that are sent on a non-permanent basis.
Article 9 officials. members of diplomatic missions and consular posts 1. Civil servants 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, regarded as residing in that State, even if they are in the other Contracting State.
2. a) nationals of a Contracting State sent by the Government of that Contracting State on 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 the 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 the six months of the beginning of the occupation or the date of entry into force of this Convention.
((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 takes into account the obligations imposed on employers by the legislation of that 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 the littera has) to (e)), which accompany them, unless they exercise themselves a professional activity.
Article 10 exceptions at the request of the worker and the employer, the competent authorities may provide agreed, in the interest of the worker, for derogations from the provisions of articles 7 to 9.
TITLE III. -Provisions relating to benefits, chapter I.
-Provisions common Article 11 totalizing periods of insurance to the effects of the acquisition, retention or recovery of the right to benefits, the periods of insurance completed under the legislation of the Contracting States, shall be aggregated as necessary, on condition that they do not overlap.
Article 12 provisions relating to disability to determine the degree of incapacity for work to the effects of the granting of invalidity benefits, the competent agency of each of the Contracting States will assess in accordance with its legislation.
When a recipient of invalidity benefits staying or residing in the territory of the State other than that where the competent body, administrative and medical control is done at the request of this organization by the competent authority of the place of stay or residence of the recipient as laid down by the legislation that this last organization applies. However, the competent authority retains the right to proceed by a doctor of his choice to the medical control of the recipient.
2 If the Belgian competent authority considers it necessary to make to the Chile of further medical tests, these costs will be reimbursed by this organization to the Chilean competent body.
3. If the competent Chilean authority considers it necessary to perform in Belgium for further medical tests, these costs will be reimbursed by this organization to the Belgian competent body. However, the Chilean competent body can recover directly from the person concerned 50% of the cost of these examinations.
The share of the worker will be deducted directly by the competent body, vested pensions or, failing that, of the balance of the individual capitalization account for workers belonging to the new pension system.
If supplementary examinations are required as a result of a dispute concerning disability in Chile, costs y related will be - borne in accordance with the provisions of paragraph 1 of this paragraph, provided that the complaint is lodged by a Chilean competent body or by an insurance company, in which case said fresh would be supported by the latter.
CHAPTER II. -Special provisions relating to Belgian benefits Section A. - Pensions old age and survival Article 13 1. Notwithstanding the provisions of article 11, where the Belgian legislation granting certain benefits on the condition that the periods of insurance have been completed in a profession or in specified activities, not be totaled, for admission to these benefits, the periods of insurance completed in the same profession or activity to the Chile.
2 where the Belgian legislation granting certain benefits provided that periods of insurance have been completed in a profession or particular activity and when these periods were able to qualify such benefits, those periods are considered valid for the award of benefits under the general system of the salaried workers.
Article 14 1. When a person meets the conditions required by Belgian legislation to qualify for benefits without any need for the aggregation, the Belgian competent authority calculates the right to the pension directly on basis of periods of insurance completed in Belgium and Belgian legislation only.
2. If a person qualifies for a pension under Belgian legislation, which the right is open only in light of the aggregation of periods of insurance in accordance with article 11, the following rules apply: a) the Belgian competent authority calculates 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 Belgian competent authority then calculates the amount due, on the basis of the amount referred to in the letter, in proportion to the duration of the insurance periods completed under its legislation only relation to the duration of all insurance periods recorded in the two States.
Section b - Disability insurance Article 15 for the liquidation of invalidity benefits under Belgian legislation, articles 11 and 14, paragraph 2, shall apply.
Article 16 notwithstanding article 15, the Belgium will not benefits in respect of periods completed under its legislation and which are to be taken into consideration at the time of materialisation of the risk if:-the duration of the said periods does not a year and--given those periods only, no right to benefit is acquired under the provisions of the Belgian law.
Article 17 if according to Belgian legislation, a right is open unless it is appealed to the provisions of article 11, and that the amount of this benefit is higher than the amount resulting from the addition of benefit accruals Belgian and Chilean, the Belgian competent body grants in addition to proportion it load, a supplement equal to the difference between the total amount of these benefits and the amount of the benefit payable solely under the legislation
that it applies.
Section 18 (1). By way of derogation from the provisions of articles 11 and 17 rights to disability benefits to workers who were employed in mining or quarrying with underground in Belgium and the Chile are determined according to the rules laid down in article 14, when, taking into account the periods tabulated for this purpose, these workers meet the requirements prescribed by the special Belgian legislation on invalidity of minor and related workers.
2. for the purposes of paragraph 1, are aggregated with periods of effective occupation or assimilated into the mines or Belgian with underground mining careers, periods completed or recognized equivalent in the same profession on the territory of the Chile, both
for the acquisition for the determination of the right.
3. If taking into account the periods thus summed, the person concerned does not meet the conditions required to qualify for benefits under the Belgian special legislation on invalidity of minor and related workers, or assimilated into mining or quarrying with underground Belgian effective occupation periods are taken into account for the granting of sickness and invalidity insurance for employees ' insurance benefits.
Article 19 in the case of transfer of residence and temporary stay in the other State, the competent Belgian may require the holder of a disability award to obtain the permission of the Belgian competent body. The authority may then be refused if the movement of the person concerned is not recommended for medical reasons duly established and under the same conditions as if he were Belgian nationals.
Section 20 (1). If, due to the increase in the cost of living, the variation in the level of wages or other causes of adaptation, Chilean benefits are altered by a percentage or amount determined, this percentage or amount must be applied directly to the benefits of Chile, without that it is appropriate to proceed to a new calculation for Belgian benefits.
2 However, in the event of changing the mode of establishment or rules for the calculation of benefits, a recalculation is made in accordance with article 14.
CHAPTER III. -Special provisions relating to Chilean benefits Article 21 old-age, invalidity and survival Pensions Chilean legislation benefits are granted in accordance with the following provisions: 1. an institution of management of pension fund affiliates finance their pensions in Chile with the balance accumulated in their individual capitalization accounts.
If this balance is insufficient to finance a pension of a minimum amount equal to the amount of the minimum pension guaranteed by the State, affiliates have the right to totalize periods to be recognised in accordance with article 11 to gain access to the benefit of the minimum pension for old age or disability. The same right applies to recipients of a survivor's pension.
2. to the effects determine the fulfillment conditions required by Chilean law for access to a pension early under the new system of Pensions, affiliates who have obtained a pension under the legislation of the Belgium are considered pensioner under pension plans indicated in paragraph 4 of this article.
3. workers affiliated with the new system of Pensions to the Chile can voluntarily contribute in said system under the modality of self-employed workers during their period of residence in Belgium, without prejudice to their obligation to respect the provisions of Belgian law relating to the compulsory contribution more. Workers who choose to enjoy this benefit are exempt from the requirements relating to the contribution to the financing of health benefits.
4. pension schemes managed by the Instituto de normalización Previsional affiliates are also entitled to accounting periods in accordance with the provisions of article 11 in order to access the benefit of pension established in the legal provisions which apply to them.
5. in the situations referred to in paragraphs 1 and 4 of this article, the competent authority determines the amount of the benefit as if all insurance periods had been completed under its own legislation and, to the effects of the payment of the benefit, it shall calculate the part to its charge in proportion to the periods of insurance completed exclusively under that legislation and the total of the periods of insurance accounting in both States.
If the total of the periods of insurance accounting in the two Contracting States is greater than the period established by Chilean law to have full entitlement to a pension under the old system or minimum pension under the new system, the years in excess shall be returned to the effects of this calculation.
Article 22 of health benefits for invalids. pensioners and survivors recipients of an old age pension or survival or a disability award under the only Belgian law residing in the Chile shall have the right to join the Chilean insurance under the same conditions as pensioners of the Chile.
TITLE IV. (-Provisions various Article 23 powers of the competent authorities the competent authorities: has) conclude the Administrative Arrangement for the implementation of this Convention;
(b) take all the administrative measures necessary for the application of this Convention and shall designate the competent bodies and the liaison bodies;
(c) define the mutual administrative assistance procedures, including procedures that pemmettent to determine and allocate expenditures lices in obtaining medical, administrative and other certificates required for the purposes of this Convention;
(d) communicate directly all information concerning the measures taken for the application of this Convention;
(e) shall communicate, as soon as possible and directly, any change in their legislation which may affect the application of this Convention.
Article 24 administrative cooperation 1.
For the purposes of this Convention, the competent authorities and the competent bodies 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 to repayment of some do.
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 purposes of this Convention, the competent authorities and the competent bodies of the Contracting States are entitled to correspond directly between them and with anyone, regardless of residence. Correspondence can be done in one of the official languages of the Contracting States.
Article 25 applications, statements, use applications, declaration or appeal which should be introduced, according to the legislation of a Contracting State, in a time-determined, from an instance of this State, are admissible if they are introduced in the same time from an instance of the other Contracting State. In this case, so before proceeding shall promptly transmit these requests, declarations or appeals to the authority of the first Contracting State, either directly or through the competent authorities of the Contracting States. The date on which such claims, declarations or appeals were introduced from an instance of the other Contracting State is considered as the date of submission to the competent authority to learn.
An application or document may be rejected because they are written in a language offtcielle of the other Contracting State.
Article 26 payment of benefits 1. Expense benefits under this Convention bodies validly release in the currency of their State or United States dollars.
2. transfers resulting from the application of the present Convention are held in accordance with the agreements in force on this matter binding the two Contracting States.
3. 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 27 settlement of disputes 1. Disputes relating to the interpretation and execution of this agreement will be settled, insofar as possible, by the competent authorities.
2. If the dispute cannot be settled by mutual agreement, they will be at the request of one of the Contracting States, subject to the arbitration of a court whose Contracting States will agree the composition and the procedure.
3. the Contracting States are required to run and execute the judgments delivered by the Court Article 28 payment, under the conditions and limits laid down by the legislation which it administers undue when the helpfull of a Contracting State paid to a recipient of benefits a sum in excess of that to which he is right, this organization can, apply to the competent agency of the other Contracting State paying benefits in favour of the beneficiary, to withhold the overpayment on the amounts they pay recipient audit. This last organism make the deduction under the conditions and limits where it is authorized by the legislation which it administers, as if it was people who were served by itself and shall transfer the amount so withheld to the creditor body.
Title V. - Transitional provisions and final Article 29 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. the present Convention opens
no right to the payment of benefits corresponding to periods 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 present Convention is taken into account for the determination of the entitlement to a benefit opening in accordance with the provisions of this Convention.
4. this Convention does not apply to rights which had been liquidated by the granting of a lump sum or the reimbursement of contributions.
Article 30 review, prescription, forfeiture 1.
Any benefit which has not been awarded or which has been suspended because of the nationality of the concerned or due to his residence in the territory of a Contracting State other than that where the debtor organization is, at the request of the person concerned, awarded or reinstated from the entry into force of this Convention.
2. benefits granted prior to the entry into force of the present Convention are revised, taking into account its provisions, at the request of the parties concerned. In no case, such a revision must have the effect of reducing the amount of already calculated benefit.
3. If the request referred to in paragraphs 1 or 2 of the present article is presented within a period of two years from the date of entry into force of this Convention, the rights in accordance with the provisions of this Convention are acquired from this date, without the provisions of the legislation of one or the other Contracting State relating to the forfeiture or the prescription of rights are opposable to the interested parties.
4. If the request referred to in paragraphs 1 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 State Contracting in question.
Article 31 duration this agreement is concluded for an indefinite period. It may be denounced by one of the Contracting States by written notification addressed to the other State with a twelve month notice period, and in this case it shall cease to be in force at the end of this period.
Article 32 warranty of acquired rights or way of acquisition in the event of termination, the rights and benefits acquired under the Convention will be maintained; the Contracting States will take arrangements in order to guarantee the rights in the process of acquisition.
Article 33 entry into force this Convention shall enter into force the first day of the third month following the date of receipt of the note by which the last of the two Contracting States will be served on the other contracting the fulfilment State internal legal formalities required for its entry into force.
In witness whereof the undersigned, duly authorized, have signed this Convention.
Done at Brussels, 9 September 1996, in duplicate, in French, Dutch and Spanish, each text being equally authentic.
For the Kingdom of Belgium: Mrs. M. DE GALAN, Minister of Social Affairs.
For the Republic of the Chile: J. ARRATE MAC NIVEN, Minister of labour and social welfare.
Administrative arrangement concerning the modalities of implementation of the convention on social security between the Kingdom of Belgium and the Republic of Chile in implementation of article 23 of the Convention on welfare between the Kingdom of Belgium and the Republic of Chile, the competent Belgian and Chilean authorities arrested, by mutual agreement, the following provisions: title I:.
-Provisions General Article 1 1. For the purposes of this arrangement: a) "Convention" means the Convention on social security of September 9, 1996, between the Kingdom of Belgium and the Republic of the Chile;
(b) "Agreement" means the Administrative Arrangement on the modalities for the implementation of the Convention on social security between the Kingdom of Belgium and the Republic of Chile.
2. the terms defined in article 1 of the Convention have the meanings ascribed to them by that article.
Article 2 1.
Are designated as liaison for the purposes of the Convention bodies: in Belgium: 1 old-age, death (pensions): - Office national des pensions, Brussels - national Institute of social insurance for self-employed persons, Brussels 2. Disability: a) general disability: national Institute for sickness and invalidity, Brussels b) special invalidity for miners: national pension fund for miners, Brussels) c disability of seafarers: cash relief and welfare for the sailors, Antwerp to the Chile:-the Superintendence of the administrators of the Pension Fund for the affiliates to the new system of pensions;
-The Superintendent of social security for the affiliates to the schemes administered by the social security standardization Institute.
2 are designated as competent bodies for the implementation of the Convention: in Belgium: 1 old age, survival (pensions): - Office national des pensions, Brussels - national Institute of social insurance for self-employed persons, Brussels 2. Disability: a) general disability: national Institute for sickness and invalidity insurance, Brussels, jointly with the insurance fund to which the employed person or self-employed person is or was affiliated b) special invalidity for miners: national pension fund for miners, Brussels) c disability of seafarers: cash relief and welfare for the sailors, Antwerp to the Chile: 1 benefits: - administrators of pension funds for the affiliates to the new pension system - Institute of standardization estimates for affiliates the former regime forecast 2. Fixation of the degree of incapacity:-the medical of the Superintendency of pension funds administrators Board, for affiliates to the new system of pensions - the Board of preventive medicine and inability of the corresponding health service for affiliates to the social security standardization institute - preventive medicine and inability of the central health service Commission, for affiliates to the former regime forecast who do not reside in the Chile, and for those who are not enrolled in the social security in this country.
3 payment of the health contribution (article 22 of the Convention):-predictive health institutions;
-The national health fund.
TITLE II. -Provisions concerning the legislation Article 3 1. In the cases referred to in paragraph 1 and article 8 of the Convention, the body designated in paragraph 2 of this article of the Contracting State whose legislation remains applicable, rem to the employee at the request thereof or his employer, a certificate stating that it remains subject to this legislation, including the time period of the posting and the identity of the members of the family accompanying the worker.
2. the certificate provided for in paragraph 1 of the present article is issued: in Belgium by:-the national social security Office, Brussels to the Chile by:-the Superintendence of the administrators of the Pension Fund for the affiliates to the new system of pensions;
-the Office of the Superintendent of social security for affiliates to plans administered by the Institute for social security standardization.
3. the original of the certificate referred to in paragraph 1 of the present article shall be given to the worker who must be in possession during the entire period of detachment in order to prove its situation of subjection in the host country.
4. a copy of the certificate issued by the competent Chilean authority is sent to the Ministry of Social Affairs, public health and the environment, social inspection in Brussels service.
Similarly, a copy of the certificate issued by the Belgian competent body is sent to the Superintendence of Directors directors of the Pension Fund to the Chile.
TITLE III. -Provisions concerning invalidity, old age and survival Article 4 1. Liaison agency that receives a request for delivery, the person concerned, either through the competent authority immediately, payable by the competent agency of the other Contracting State will transmit without delay the application to the liaison body of the other State using the forms provided for this purpose. 2. In addition, he would transmit all available documents that may be required to enable the competent agency of the other Contracting State to determine the right of the applicant to the service in question.
3 data relating to civil status that includes the application form will be duly authenticated by the liaison body which will confirm that original documents are consistent with these data.
4. in addition, the liaison agency will forward to the liaison body of the other Contracting State a formula indicating the periods of insurance completed under the legislation of the first State.
After receiving the form, the liaison body of the other State will add information relating to the periods of insurance completed under the legislation which it administers and return it without delay to the liaison body of the first State.
5. a) each of the competent bodies shall determine the rights of the applicant and, where appropriate, of his spouse and him directly address decision, with an indication of the periods selected insurance and ways and periods allowed for appeals.
b) the competent authority that grants a benefit
through de-liaison agencies, communicate its decision to the competent agency of the other State.
6. a) if Chilean liaison agency has knowledge that a beneficiary of a Belgian disability, old-age or survivor benefit, residing in Chile, or possibly her husband, has not ceased all occupational activity or resumed such activity, it will notify without delay the Belgian liaison agency.
(b) the Chilean liaison body will also forward all available information regarding the nature of work performed and the amount of earnings or resources whose ' person or spouse is receiving or has received.
Article 5(1). Liaison of a Contracting State Agency will provide, on request, to the liaison body of the other State, any information and medical documentation available about the inability of the claimant or beneficiary.
2. the examination fees or medical documents will be reimbursed in accordance with article 12 of the Convention as soon as possible after receipt of a detailed report.
Article 6 1. The competent bodies pay benefits or pensions to beneficiaries by direct payment.
2. the costs of the payment of pensions or benefits can be recovered from the beneficiaries, in the conditions laid down by the legislation administered by the paying agency.
Article 7 the liaison bodies annually exchange statistical information on the number of payments in the other State Contracting as well as on the amounts.
TITLE IV. -Provisions concerning the benefits of health for invalids, pensioners and survivors Article 8 1. In the case provided for in article 22 of the Convention, the status of the beneficiary will be attested by a certificate issued by the Belgian competent body, containing the date to which delivery has been granted and the amount thereof to the date of the certificate.
2 the certificate will be awarded to any body of Chilean binding that will convert the amount of the benefit in national currency.
This information is mentioned on an ad hoc formula which will enable the person concerned to pay the health care contribution to organization competent insurer.
TITLE v - Miscellaneous provisions Article 9 the model certificates, certificates or forms necessary for the implementation of the Convention and the present administrative Arrangement is stopped, by common agreement, by the liaison bodies of the two Contracting States, subject to the approval of the competent authorities.
Article 10 this Administrative Arrangement shall enter into force on the same date as the Convention. It will have the same duration as the Convention.
Done at Brussels, 9 September 1996, in duplicate, in French, Dutch and Spanish, each text being equally authentic.
For the Kingdom of Belgium: Mrs. M. DE GALAN, Minister of Social Affairs.
For the Republic of the Chile: J. ARRATE MAC NIVEN, Minister of labour and social welfare.
(2) pursuant to article 33, this Convention has entered into force (International) November 1, 1999.