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13 JUIN 1999. - Act enacting the Convention on Social Security between the Kingdom of Belgium and the Republic of Chile, and the Administrative Agreement on the Application 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,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on Social Security between the Kingdom of Belgium and the Republic of Chile and 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, signed in Brussels on 9 September 1996, will come out their full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 13 June 1999.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister for Public Health,
L. VAN DEN BOSSCHE
Minister for Agriculture and Small and Medium Enterprises,
H. VAN ROMPUY
The Minister of Social Affairs,
Ms. M. DE GALAN
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Session 1998-1999.
Senate
Documents. - Bill tabled on 12 March 1999, No. 1-1317/1. - Report, no. 1-1317/2. - Text adopted in session and transmitted to the Chamber, no. 1-1317/3.
Annales parliamentarians. - Discussion. Session of April 21, 1999. - Vote. Session of April 22, 1999.
Room
Documents. - Project transmitted by the Senate on April 23, 1999, No. 49-2176/1. - Report, No. 49-2176/2.
Annales parliamentarians. - Discussion and voting. Meeting of 29 April 1999.

Convention on Social Security between the Kingdom of Belgium and the Republic of Chile
The Kingdom of Belgium and the Republic of Chile, motivated by the desire to settle the mutual relations between the two States in the field of social security, agreed to conclude the following Convention:
PART I^er. - General provisions
Article 1^er
Definitions
1. For the purposes of the present Convention:
(a) The term "Belgium" refers to the Kingdom of Belgium; "Chile" means the Republic of Chile.
(b) The term "national" means:
With regard to Belgium: a person of Belgian nationality;
With regard to Chile: a person recognized as such by the Political Constitution of the Republic of Chile.
(c) The term "laws" means the laws and regulations referred to in Article 2.
(d) The term "competent authority" means:
With regard to Belgium: the Ministers responsible, each with respect to it, of the application of the legislation referred to in Article 2, paragraph 1^er A;
Regarding Chile: the Minister of Labour and Social Welfare.
(e) The term "competent body" means the institution, body or authority responsible for applying, in whole or in part, the legislation referred to in Article 2, paragraph 1^er.
(f) The term "insurance period" means: any period recognized as such by the legislation under which this period was completed, and any period recognized by this legislation as equivalent to an insurance period.
(g) The "pension" is defined as any pension or cash benefit, including any supplements or increases that are applicable under the legislation referred to in section 2.
(h) The term "surviving" means:
With regard to Belgium: any person defined or admitted as such by Belgian law;
With regard to Chile: any person with the status of a survival pension beneficiary.
(i) The term "family member" means:
With regard to Belgium: any person defined or admitted as a member of the family or designated as a member of the household by Belgian law;
With regard to Chile: any person who has the status of benefit recipient in accordance with applicable legislation.
(j) The term "apatride" means:
With regard to Belgium: the person defined as a stateless person in article l of the Convention of 28 September 1954 relating to the status of stateless persons;
With regard to Chile: any person who has no nationality.
(k) The term "refugee" refers to the person who has been granted refugee status under the Convention of 28 July 1951 relating to the Status of Refugees and the Additional Protocol of 31 January 1967.
2. Any term not defined in paragraph 1 of this article shall have the meaning assigned to it by the legislation that applies.
Article 2
Field of material application
1. This Agreement applies:
A) With regard to Belgium:
(a) legislation on retirement and survival pensions for workers and self-employed persons;
(b) the legislation relating to the disability allowances of employed workers, minor workers, merchant navy sailors and self-employed persons,
and, with respect to Part II only, the relevant legislation:
(c) social security of employed workers;
(d) the social status of independent workers.
B) With regard to Chile, the legislation on:
(a) the new old age, disability and survival pension system, based on individual capitalization;
(b) old age, disability and survival pension plans administered by the Instituto de Nommalización Previsional;
(c) health benefit plans to the effect of the provisions of section 22,
and, with respect to Part II only:
(d) other social security systems.
2. This Convention also applies to all legislative or regulatory acts that will amend or supplement the legislation listed in paragraph 1 of this Article.
3. However, this Convention will not apply to legislative or regulatory acts that will extend existing regimes to new categories of beneficiaries unless there is, in this regard, opposition from the Government of the Contracting State that amends its legislation, notified to the Government of the other Contracting State within six months from the official publication of the said acts.
Article 3
Field of personal application
Unless otherwise provided, this Convention shall apply:
(a) persons who are or have been subject to the legislation of one of the Contracting States and who are:
(1) nationals of one of the Contracting States, or
(2) stateless persons or refugees recognized by one of the Contracting States, as well as members of their families and survivors;
(b) Survivors and members of their families of persons who have been subjected to the legislation of one of the two Contracting States, regardless of the nationality of such persons where such survivors or family members are nationals of one of the Contracting States or stateless persons or refugees recognized by one of the Contracting States.
Article 4
Equal treatment
Unless otherwise provided in this Convention, the persons referred to in Article 3 shall be subject to their obligations and shall be entitled to the law of each Contracting State under the same conditions as the nationals of that State.
Article 5
Export of pensions
1. Pensions acquired under the legislation of one of the Contracting States shall not be subject to any reduction or modification as the beneficiary resides or resides in the territory of the other Contracting State.
2. Old-age and survival pensions due by one of the Contracting States are paid to nationals of the other State who reside in the territory of a third country under the same conditions as if they were nationals of the first State residing in the territory of that third State.
Article 6
Reduction or suspension clauses
The reduction or suspension clauses provided for in Belgian legislation, in the event of a cumulative benefit with other social security benefits or with other incomes or because of the exercise of a professional activity, are enforceable to the beneficiary, even if the benefit is acquired under a Chilean regime or if it is income obtained or a professional activity exercised in the territory of Chile.
PART II. - Provisions determining the applicable legislation
Article 7
General rule
Subject to Articles 8 to 10, the applicable legislation shall be determined in accordance with the following provisions:
(a) persons engaged in professional activity in the territory of a Contracting State shall be subject to the law of that State;
(b) persons who permanently exercise a professional activity on board a ship flying the flag of a Contracting State shall be subject to the law of that State.
Article 8
Special rules
1. An employee who, being in the service of a company having in the territory of one of the Contracting States an establishment of which he or she normally belongs, shall be detached by that enterprise in the territory of the other Contracting State to carry out work on behalf of the other Contracting State, shall remain, as well as the members of his or her family who accompany it, subject to the legislation of the first State as if he or she continued to be occupied in his or her territory provided that the foreseeable period of the replacement of the
2. Article 7, b, is not applicable to persons who, being not normally occupied on the sea, are occupied in territorial waters or in a port of one of the Contracting States on a ship flying flag of the other State.
As the case may be, section 7, a, or paragraph 1^er of this article is of application.
3. Employee workers of the transport enterprises having their seat in the territory of one of the Contracting States, who are detached or occupied in the territory of the other Contracting State, either domestically or as ambulance personnel, as well as members of their accompanying family, are subject to the legislation of the Contracting State in the territory of which the company has its seat.
However, where the company has, in the territory of the other Contracting State, a branch or permanent representation, the employed workers that it occupies are subject to the legislation of the Contracting State in whose territory it is located, with the exception of those who are sent to it as non-permanent.
Article 9
Officers. diplomatic and consular missions
1. Public officials and assimilated personnel are subject to the legislation of the Contracting State under which the administration which occupies them is responsible. Such persons, as well as members of their families, are considered to be resident in that Contracting 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 in the territory of the other Contracting State as members of a diplomatic mission or consular post shall be subject to the legislation of the first Contracting State.
(b) Persons engaged by a diplomatic mission or by a consular post of one of the Contracting States in the territory of the other Contracting State shall be subject to the law of the last Contracting State.
However, persons who are nationals of the first Contracting State may opt for the application of the legislation of that Contracting State.
Such an election shall take place within six months from the commencement of the occupation or the effective date of this Convention.
(c) Where the diplomatic mission or consular post of one of the Contracting States occupies persons who, in accordance with paragraph 1 (b) of this paragraph, are subject to the legislation of the other Contracting State, the mission or post shall take into account the obligations imposed on employers by the legislation of that Contracting State.
(d) The provisions of littera (b) and (c) of this paragraph shall apply by analogy to persons in private service of a person referred to in paragraph (a) of this paragraph.
(e) The provisions of littera (a) to (d) of this paragraph shall not apply to honorary members of a consular post or to persons occupied in the private service of such persons.
(f) The provisions of this paragraph shall also apply to family members of persons referred to in littera (a) to (e), who accompany them, unless they themselves perform a professional activity.
Article 10
Derogations
At the request of the worker and the employer, the competent authorities may jointly provide, in the interest of the worker, exemptions to the provisions of sections 7 to 9.
PART III. - Provisions relating to benefits
CHAPTER I^er. - Common provisions
Article 11
Totalization of insurance periods
On the effects of the acquisition, maintenance or recovery of the right to benefits, the insurance periods, in accordance with the laws of the Contracting States, are totaled as necessary, provided that they do not overlap.
Article 12
Disability provisions
In order to determine the degree of incapacity for work on the effects of the granting of disability benefits, the competent body of each of the Contracting States will conduct an assessment in accordance with its legislation.
Where a beneficiary of disability benefits resides or resides in the territory of the State other than the territory of the competent body, the administrative and medical check shall be carried out at the request of that body by the competent body of the place of residence or residence of the beneficiary under the terms and conditions prescribed by the law that the latter body applies. However, the competent body retains the ability of a physician to conduct the medical check of the beneficiary by a physician.
2. If the competent Belgian body considers it necessary to carry out additional medical examinations in Chile, the costs of these examinations will be reimbursed by the competent Chilean body.
3. If the competent Chilean body considers it necessary to carry out additional medical examinations in Belgium, the costs of these examinations will be reimbursed by this body to the competent Belgian body. However, the competent Chilean body can recover directly from the interested party 50% of the cost of these examinations.
The worker's share will be deducted directly by the competent agency, the devolved pension or, if not, the balance of the individual capitalization account for workers affiliated with the New Pension System.
If additional examinations are required as a result of a disability dispute in Chile, the related costs will be borne in accordance with the provisions of paragraph 1 of this paragraph, provided that the complaint is not filed by a competent Chilean body or by an insurance company, in which case the said fees would be borne by the latter.
CHAPTER II. - Special provisions concerning Belgian benefits
Section A. - Old and Survival Pensions
Article 13
1. Notwithstanding the provisions of Article 11, where Belgian legislation provides for the granting of certain benefits provided that the periods of insurance have been made in a profession or in certain activities, are not totalized, for admission to the benefit of such benefits, that the periods of insurance carried out in the same profession or activity in Chile.
2. Where Belgian legislation provides for the granting of certain benefits provided that the periods of insurance have been made in a specific profession or activity and when such periods have not been able to give the benefits, such periods are considered valid for the liquidation of benefits provided for by the general scheme of employed workers.
Article 14
1. When a person meets the conditions required by Belgian legislation to be entitled to benefits without the need for totalisation, the competent Belgian agency calculates the right to pension directly on the basis of the insurance periods carried out in Belgium and according to Belgian legislation alone.
2. If a person can claim a pension under Belgian law, whose right is only open given the totalization of insurance periods in accordance with Article 11, the following rules apply:
(a) The competent Belgian agency calculates the theoretical amount of the benefit that would be payable if all insurance periods under the laws of the two Contracting States had been completed only under the legislation it applies.
(b) The competent Belgian agency then calculates the amount due, on the basis of the amount referred to in littera a, on the prorated basis of the duration of the insurance periods carried out under its only legislation in relation to the duration of all insurance periods recorded in the two states.
Section B. Disability insurance
Article 15
For the liquidation of disability benefits under Belgian legislation, articles 11 and 14, paragraph 2, are applicable.
Article 16
Notwithstanding Article 15, Belgium will not grant benefits for periods under its legislation and which are to be taken into account at the time of the risk if:
- the duration of these periods does not reach a year
and
- in the light of these only periods, no entitlement to benefits is granted under the provisions of Belgian legislation.
Article 17
If according to Belgian law, a right is opened without recourse to the provisions of Article 11, and the amount of this benefit is higher than the amount resulting from the addition of the Belgian and Chilean prorated benefits, the competent Belgian agency in addition grants the prorata to which it is responsible, a supplement equal to the difference between the total amount of these benefits and the amount of the benefit due only according to the legislation it applies.
Article 18
1. By derogation from the provisions of Articles 11 and 17, the rights to disability benefits of workers who have been occupied in mines or quarries with underground exploitation in Belgium and Chile are determined according to the rules defined in Article 14, when, in the light of the periods totaled for this purpose, these workers meet the conditions set out in the Belgian special legislation on the disability of minor and assimilated workers.
2. For the purposes of paragraph 1^er, are totaled with periods of actual occupation or assimilated in the mines or quarries with Belgian underground exploitation, the periods completed or recognized equivalent in the same occupation exercised in the territory of Chile, both for the acquisition and for the determination of the law.
3. If, given the periods thus totaled, the person concerned does not meet the conditions required to benefit from the benefits provided by the Belgian special legislation on the disability of minor and assimilated workers, the periods of actual occupation or occupation in the mines or careers with Belgian underground exploitation are taken into account in the granting of the benefits of the disability insurance scheme of employed workers.
Article 19
In the event of a transfer of residence and in the event of a temporary stay in the other State, the Belgian competent authority may require that the holder of a disability allowance obtain the authorization of the competent Belgian body. The authorization may then be refused only if the movement of the interested party is not recommended for duly established medical reasons and under the same conditions as if it were Belgian nationals.
Rule 20
1. If, due to the increase in the cost of living, the change in the level of wages or other reasons of accommodation, the Chilean benefits are modified by a percentage or amount determined, this percentage or amount must be applied directly to the Chilean benefits, without a further calculation of the Belgian benefits.
2. However, in the event of a change in the method of establishment or the rules for calculating benefits, a new calculation is made in accordance with section 14.
CHAPTER III. - Special provisions on Chilean benefits
Article 21
Old-age, disability and survival pension
The benefits of Chilean legislation are awarded in accordance with the following provisions:
1. Members of an Pension Fund Management institution fund their pension in Chile with the balance accumulated in their individual capitalization accounts.
If this balance is insufficient to fund a pension of a minimum amount equal to the amount of the minimum pension guaranteed by the State, affiliates have the right to total periods to be recorded in accordance with Article 11 in order to gain the minimum pension of old age or disability. The same right is valid for survivors.
2. The effect of determining the fulfilment of the conditions required by Chilean laws for an early pension under the New Pension System is that members who have obtained a pension in accordance with the legislation of Belgium are considered to be pensioned under the pension plans set out in paragraph 4 of this article.
3. Workers affiliated with the New Pension System in Chile may voluntarily contribute to the said System under the modality of self-employed persons during their period of residence in Belgium, without prejudice to their obligation to comply in addition with the provisions of Belgian legislation relating to compulsory membership. Workers who choose to enjoy this benefit are exempt from the contribution obligation to finance health benefits.
4. Members of pension plans managed by the Instituto de Normalización Previsional also have the right to record the periods in accordance with the provisions of Article 11 in order to access the pension benefit established in the legal provisions applicable to them.
5. In situations referred to in paragraphs 1^er and 4 of this article, the competent body determines the amount of the benefit as if all insurance periods had been completed in accordance with its own legislation and, to the effect of the payment of the benefit, it calculates the share to its dependant on the insurance periods performed exclusively under the said legislation and the total insurance periods to be recorded in the two states.
If the total of the insurance periods to be recorded in the two Contracting States is greater than the period established by Chilean legislation to be entitled to a full pension in the old system or minimum pension in the new system, the excess years are rejected to the effect of this calculation.
Article 22
Health benefits for disabled. pensioners and survivors
Recipients of an old-age or survival pension or disability allowance under the only Belgian law resident in Chile will be entitled to join Chilean health insurance under the same conditions as retirees from Chile.
PART IV. - Miscellaneous provisions
Article 23
Attributions of competent authorities
The competent authorities:
(a) conclude the Administrative Arrangement for the Implementation of this Convention;
(b) take all necessary administrative measures for the implementation of this Convention and designate the competent bodies and liaison bodies;
(c) establish procedures for administrative mutual assistance, including procedures for determining and apportioning the costs of obtaining medical, administrative and other certificates necessary for the purposes of this Convention;
(d) disclose directly any information regarding the measures taken to implement this Convention;
(e) shall, as soon as possible and directly, communicate any changes to their legislation that may affect the application of this Convention.
Article 24
Administrative collaboration
1. For the purposes of this Convention, the competent authorities and the competent bodies of each of the Contracting States shall 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 Acts.
2. The benefit of the exemptions or reductions of taxes, stamp duties, transplantation or registration provided for in the legislation of one of the Contracting States for the documents or documents to be produced pursuant to the legislation of that State is extended to the documents and documents similar to be produced under the law of the other State.
3. All acts and documents to be produced under this Convention shall be exempted from the legalization visa of diplomatic or consular authorities.
4. For the purposes of this Convention, the competent authorities and the competent bodies of the Contracting States are empowered to correspond directly with each other and with any person, irrespective of his or her residence. Correspondence may be made in one of the official languages of the Contracting States.
Rule 25
Requests, declarations, appeals
Requests, declarations or appeals that should have been brought, according to the law of a Contracting State, within a specified period of time, to a proceeding of that State, shall be admissible if they are brought within the same time limit to a proceeding of the other Contracting State. In this case, the proceeding before it shall forthwith transmit such requests, declarations or recourse to the proceedings of the first Contracting State, either directly or through the competent authorities of the Contracting States. The date on which these requests, declarations or appeals have been filed with a proceeding of the other Contracting State is considered to be the date on which such requests, declarations or appeals have been filed with the competent authority.
An application or document may not be rejected because they are written in an informal language of the other Contracting State.
Rule 26
Payment of benefits
1. The debtors of benefits under this Convention are validly released in the currency of their State or in United States dollars.
2. The transfers resulting from the application of this Convention shall take place in accordance with the relevant agreements binding on the two Contracting States.
3. The provisions of a Contracting State ' s foreign exchange control legislation shall not preclude the free transfer of financial amounts resulting from the application of this Convention.
Rule 27
Settlement of disputes
1. Disputes relating to the interpretation and enforcement of this Convention shall be settled, to the extent possible, by the competent authorities.
2. If disputes cannot be settled by mutual agreement, they shall, at the request of one of the Contracting States, be subject to the arbitration of a court whose Contracting States shall agree with the composition and procedure.
3. Contracting States are required to enforce and enforce the judgements pronounced by this court
Rule 28
Undue payments
Where an organization counts from a Contracting State has paid to a beneficiary of benefits an amount that exceeds that to which it is entitled, the organization may, under the conditions and limits provided for in the legislation it applies, request the competent body of the other Contracting State, debtor of benefits to that beneficiary, to retain the amount paid in excess of the amounts it pays to the beneficiary. The latter body operates the deduction under the conditions and limits where it is authorized by the legislation it applies, as if it were to be served too much by itself and transfers the amount so retained to the creditor body.
PART V. - Transitional and final provisions
Rule 29
Eventualities prior to the entry into force of the Convention
1. This Convention also applies to any event that has occurred prior to its entry into force.
2. This Convention shall not open any right to payment of benefits for periods prior to its entry into force.
3. Any period of insurance under the law of one of the Contracting States before the date of entry into force of this Convention shall be taken into consideration for the determination of the right to a benefit opening in accordance with the provisions of this Convention.
4. This Convention does not apply to rights that have been liquidated by the granting of a lump sum allowance or the reimbursement of contributions.
Rule 30
Revision, prescription, termination
1. Any benefit that has not been liquidated or has been suspended because of the nationality of the person concerned or because of his residence in the territory of a Contracting State other than the territory of which the debtor is located is, at the request of the person concerned, liquidated or restored from the entry into force of this Convention.
2. The benefits granted prior to the entry into force of this Convention are revised, taking into account its provisions, at the request of the persons concerned. In no case shall such a review have the effect of reducing the amount of the benefit already calculated.
3. If the request referred to in paragraphs 1^er or 2 of this article shall be submitted within two years from the date of entry into force of this Convention, the rights opened in accordance with the provisions of this Convention shall be acquired from that date, without the provisions of the legislation of either Contracting State relating to the termination or limitation of the rights being enforceable.
4. If the request referred to in paragraphs 1^er or 2 of this article shall be submitted after the expiration of a period of two years following the entry into force of this Convention, the rights which are not subject to a termination or are not prescribed shall be acquired from the date of the application, subject to more favourable provisions of the law of the Contracting State concerned.
Rule 31
Duration
This Convention shall be 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, and in such case it shall cease to be in force at the end of that period.
Rule 32
Guarantee of acquired or acquired rights
In the event of denunciation, the rights and payments of benefits acquired under the Convention shall be maintained; Contracting States shall make arrangements to guarantee the rights being acquired.
Rule 33
Entry into force
This Convention shall enter into force on the first day of the third month following the date of receipt of the note by which the last of the two Contracting States has served on the other Contracting State the fulfilment of the internal legal formalities required for its entry into force.
In faith, the undersigned, duly authorized, have signed this Convention.
Done in Brussels on 9 September 1996, in duplicate, in French, Dutch and Spanish, each text being equally authentic.
For the Kingdom of Belgium:
Ms. M. DE GALAN,
Minister of Social Affairs.
For the Republic of Chile:
J. ARRATE MAC NIVEN,
Minister of Labour and Social Welfare.

Administrative arrangement on the modalities for the application of the Convention on Social Security between the Kingdom of Belgium and the Republic of Chile
Pursuant to Article 23 of the Convention on Social Security between the Kingdom of Belgium and the Republic of Chile, the competent authorities of Belgium and Chile agreed to the following provisions:
PART I^er. - General provisions
Article 1^er
1. For the purposes of this arrangement:
(a) the term "Convention" means the Convention on Social Security of 9 September 1996 between the Kingdom of Belgium and the Republic of Chile;
(b) the term "Arrangement" means the Administrative Agreement on the Application 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 shall have the meaning assigned to them to the article.
Article 2
1. Are designated as focal points for the application of the Convention:
In Belgium:
1. Old age, death (thinks):
- National Pension Office, Brussels
- National Institute of Social Insurance for Independent Workers, Brussels
2. Invalidity:
(a) General disability:
National Disability Insurance Institute, Brussels
(b) Special disability of minor workers:
National Retirement Fund for Minor Workers, Brussels
(c) Mariners ' disability:
Marine Relief and Provident Fund, Antwerp
In Chile:
- The Superintendency of Pension Fund Administrators for Affiliates to the New Pension System;
- The Social Security Superintendency for affiliates of plans administered by the Institute for Predictional Standardization.
2. Designated as competent bodies for the application of the Convention:
In Belgium:
1. Old, survival (thinks):
- National Pension Office, Brussels
- National Institute of Social Insurance for Independent Workers, Brussels
2. Invalidity:
(a) General disability:
National Disability Insurance Institute, Brussels, in conjunction with the insurance agency to which the employee or the independent worker is or has been affiliated
(b) Special disability of minor workers:
National Retirement Fund for Minor Workers, Brussels
(c) Mariners ' disability:
Marine Relief and Provident Fund, Antwerp
In Chile:
1. Benefits:
- Administrators of the Pension Funds for Affiliates to the New Pension System
- The Institute for Predictal Standardization for Affiliates to the Former Forecasting Plan
2. Fixing the degree of incapacity:
- The Medical Commission of the Superintendency of Pension Fund Administrators, for members of the new pension system
- The Commission on Preventive Medicine and Disability of the corresponding health service, for affiliates to the Institute of Forecasting Standardization
- The Commission on Preventive Medicine and Incapacity of the Central Health Service, for affiliates of the former predictive regime, who do not reside in Chile, and for those who are not registered to the social security of that country.
3. Payment of health assessment (article 22 of the Convention):
- Forecast health institutions;
- The National Health Fund.
PART II. - Provisions concerning legislation
Article 3
1. In the cases referred to in paragraph 1^er and Article 8 of the Convention, the body referred to in paragraph 2 of this Article of the Contracting State whose legislation remains applicable, shall, at the request of the employee or his employer, remand a certificate certifying that he or she remains subject to that legislation, including the period of detachment and the identity of the family members accompanying that worker.
2. The certificate referred to in paragraph 1 of this article shall be issued:
in Belgium by:
- National Social Security Office, Brussels
in Chile by:
- Superintendency of Pension Fund Administrators for Affiliates to the New Pension System;
- the Social Security Superintendency for affiliates of plans administered by the Institute for Predictional De Standardization.
3. The original of the certificate referred to in paragraph 1 of this article shall be handed over to the worker who must be in his possession throughout the period of the detachment in order to prove in the host country his or her condition of subjugation.
4. A copy of the certificate issued by the competent Chilean body is sent to the Ministry of Social Affairs, Public Health and the Environment, Social Inspection Service in Brussels.
Similarly, a copy of the certificate issued by the competent Belgian body is sent to the Superintendence of the Admini trateurs of the Pension Funds in Chile.
PART III. - Provisions concerning disability, old age and survival
Article 4
1. The liaison agency that receives a request for a benefit, either immediately from the person concerned or through the competent body, payable by the competent body of the other Contracting State shall forthwith transmit the application to the liaison agency of the other State using the forms provided for in that purpose.
2. It will also transmit all available documents that may be required so that the competent body of the other Contracting State may determine the applicant's right to the benefit in question.
3. The civil status data contained in the application form will be duly authenticated by the liaison agency to confirm that original documents corroborate this data.
4. In addition, the liaison agency will transmit to the liaison agency of the other Contracting State a form indicating the periods of insurance carried out under the legislation of the first State.
Upon receipt of the form, the liaison agency of the other State will add the information relating to the insurance periods under the legislation it applies and return it to the liaison agency of the first State without delay.
5. (a) Each of the relevant agencies will determine the applicant's rights and, where appropriate, his or her spouse's rights and will direct his or her decision, with an indication of the periods of insurance and remedies and delays of appeal.
(b) The competent agency that provides a benefit will communicate, through the organizations of the law, its decision to the competent body of the other State.
6. (a) If the Chilean liaison agency is aware that a beneficiary of a Belgian disability, old age or survival benefit, residing in Chile, or possibly its spouse, has not ceased any professional activity or resumed such activity, it will promptly notify the Belgian liaison agency.
(b) The Chilean liaison agency will also provide all available information on the nature of the work performed and on the amount of the gains or resources of which 'interested or spouse has benefited or benefited.
Article 5
1. The liaison agency of a Contracting State shall, upon request, transmit to the liaison agency of the other State any medical information and documentation available with respect to the applicant's disability or beneficiary.
2. The costs of medical examinations or documents will be reimbursed in accordance with Article 12 of the Convention as soon as possible after a detailed report is received.
Article 6
1. The relevant agencies pay benefits or pensions to beneficiaries by direct payment.
2. Payment fees for benefits or pensions may be recovered from beneficiaries under the conditions provided for in the legislation applicable to the payment agency.
Article 7
The liaison agencies shall annually exchange statistical information on the number of payments made in the other Contracting State as well as on the amounts related.
PART IV. - Provisions concerning health benefits for disabled, pensioned and survivors
Article 8
1. In the case provided for in Article 22 of the Convention, the status of the beneficiary shall be certified by a certificate issued by the competent Belgian body, taking into account the date on which the benefit was awarded and the amount on the date of the certificate.
2. The certificate will be issued to any Chilean liaison agency that converts the amount of the benefit to national currency.
This information is mentioned on an ad hoc form that will allow the individual to pay the health care contribution to the appropriate insurer.
PART V. - Miscellaneous provisions
Article 9
The model of the certificates, certificates or forms required for the implementation of the Convention and this Administrative Arrangement shall be agreed upon by the liaison bodies of the two Contracting States with 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 in Brussels on 9 September 1996, in duplicate, in French, Dutch and Spanish, each text being equally authentic.
For the Kingdom of Belgium:
Ms. M. DE GALAN,
Minister of Social Affairs.
For the Republic of Chile:
J. ARRATE MAC NIVEN,
Minister of Labour and Social Welfare.
(2) In accordance with article 33, the Convention entered into force (international) on 1^er November 1999.