228/1993 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 29 April. October 1992 in
Prague Treaty is signed between the Czech Republic and the Slovak Republic
on social security.
With the Treaty expressed the consent of the Czech National Council and the President of the Government of the Czech
the Republic of it in behalf of the President of the Republic has ratified.
The contract on the basis of its article 34, paragraph. 1 was provisionally applied from
1 January 1993 and entered into force on 3 June 2006. in May 1993.
The Czech version of the Treaty shall be designated at the same time.
CONTRACT
between the Czech Republic and the Slovak Republic on social security
Czech Republic and Slovak Republic
in the spirit of good-neighbourly cooperation,
with regard to the actual joint development,
Desiring to adjust mutual relations in the field of social security
They agreed to conclude the following agreement:
PART I
General provisions
Article 1
(1) For the purposes of this Treaty, the expression:
1. "the laws" means the laws and other generally binding legal
provisions relating to social security in the scope specified in article
2;
2. "territory" means the territory of the Czech Republic or the Slovak Republic
the border laid down after the split of Czech and Slovak Federal
Of the Republic;
3. "competent authority" means a Department, to which the competence belongs to the
the questions covered by this contract;
4. "competent authority" means the authority, which is considered as such by the
national legislation;
5. "security holder" means an institution which is the responsibility of the implementation
social security in the scope specified in article 2;
6. "family member" means a family member under the laws
the laws of the Contracting State in which the registered office of the recipient of the security, to the
borne by the benefits to be provided;
7. "security" means a period of employment and the period it assimilated
built, which constitutes participation in retirement and sickness
insurance (security) under the legislation of the Contracting States.
(2) other terms in this agreement have the meaning, which pertains to them by
the relevant legislation.
Article 2
(1) this Treaty shall apply to the
and) pension,
b) sickness insurance (security),
(c)) the State social benefits,
(d) the benefits and social services).
(2) this Treaty shall not apply to the newly introduced system, or industry
social security, if the Governments of the Contracting States concerned agree
otherwise. The provisions of the preceding sentence shall not apply to the transition from the
the security system on the insurance system.
(3) in the relationship between the Contracting States shall not take into account the commitments
arising from international agreements with third countries with the exception of the
liabilities from pension and sickness insurance
(security).
Article 3
(1) unless otherwise provided, this Agreement shall apply to citizens of both
the Contracting States, as well as to their family members.
(2) on the refugees, citizens of third States and non-State
citizenship, who are or have been subject to the legislation of a Contracting
the State, or to their family members, this agreement
applies only in respect of claims arising from pension and
sickness insurance (security).
Article 4
In the application of the legislation of one Contracting State are citizens
This Contracting State are equal citizens of the other Contracting State, if the
This Treaty does not provide otherwise.
Article 5
If the stay on the territory of one Contracting State as a precondition for entitlement to
benefits from pension and sickness insurance (security),
not staying on the territory of the other Contracting State for the stay abroad,
If this Treaty does not provide otherwise.
Article 6
Cash benefits pension and sickness insurance
(security), to which it is entitled under the legislation of one
a Contracting State shall not be shortened, modified, suspended, withdrawn or
seized of the reasons that the person resides in the territory of the other Contracting
State.
PART II
The application of the legislation
Article 7
If articles 8 and 9 unless otherwise indicated, participation in pension
Security and sickness insurance (security) self-employed persons
the legislation of the Contracting State on whose territory the gainful activity
exercised.
Article 8
(1) If an employee Is sent by the employer based on the territory of one
the Contracting State on the territory of the other Contracting State, shall be used until
the end of 24. calendar month after the posting of the first legislation
Contracting State as if it was still employed on its territory.
(2) if the staff member international air, rail, road or
river transport company established in the territory of one Contracting State
posted from its territory to the territory of the other Contracting State, and
continue to the legislation of the first Contracting State as if it was still
employed on its territory.
(3) the crew of a seagoing ship, as well as other persons employed on naval ship
not just temporarily, are subject to the legislation of a Contracting State, under the
whose flag the ship is flying.
Article 9
(1) the Diplomats and members of the diplomatic corps of the Contracting States,
as regards their activity for the sending State be exempt from legal
provisions in force in the receiving State.
(2)
and) the exclusion referred to in paragraph 1 shall also apply to members of the administrative and
technical staff of the mission, as well as for the members of the staff of the domestic
the staff of the mission who are not even citizens of the receiving State, or
they do not have permanent residence.
b) Notwithstanding the provisions of subparagraph (a)) may be members of the administrative and
technical staff of the mission who are nationals of the sending State to
resident in the receiving State, the vote within three months after the beginning of the
job application of the legislation of the sending State.
(3) the exemption provided for in paragraph 1 shall apply also to private domestic staff,
who are exclusively employed by a diplomat or a member of the diplomatic
the choir, if
and are not citizens of the beneficiary) of the State or in the State do not have the
residency and
(b)) are subject to the legal provisions applicable in the sending State or in
a third State.
(4) If a diplomat or a member of the diplomatic corps of the person on the
not covered by the exemption provided for in paragraph 3, shall be
the legislation in force in the receiving State.
(5) paragraphs 1 to 4 shall apply mutatis mutandis to members of consular representations,
as well as for members of the domestic staff employed solely in their
services.
Article 10
(1) at the joint request of the employee and the employer can
the competent authorities of both Contracting States, by agreement, provide for exceptions from the
articles 7 to 9.
(2) If an employee referred to in paragraph 1 for the legislation a
of a Contracting State, carries on business in the territory, although the other Contracting
State legislation shall apply as if this job
performed on the territory of the first Contracting State.
PART III
Special provisions
HEAD FIRST
Retirement security
Article 11
(1) the scope and method of the evaluation days security is governed by the law of the
that of the Contracting State in which the pension security of these periods were
obtained, and the provisions of article 20 of this agreement.
(2) If a person participating in the retirement security on the territory of both
the Contracting States shall be entitled to a pension in one or both of the Contracting States
taking into account only periods completed security on its territory,
provide such a pension, the competent security this contractual carrier
State.
(3) If a claim for a pension referred to in paragraph 2 does not arise in a Contracting State,
assess the security of the State, the recipient of the entitlement to a pension with
taking into account the periods of security gained in both Contracting States
as follows:
and the recipient of the Contracting State security) to determine whether, in its legal
legislation meets a person with regard to the total time in both security
the Contracting States, the conditions for entitlement to a pension,
(b)) if there is entitlement to a pension, calculated Nobel security first
the theoretical amount of the pension, which would have belonged to, if all time
Security eligible under the legislation of both Contracting States
assess exclusively under the legislation in force for him.
(4) on the basis of the theoretical amount of the pension recipient is granted by the security
pension in the amount corresponding to the ratio between the length of time the security
rated according to its legislation and total security
acquired under the legislation of both Contracting States.
(5) if the period of the second Contracting State security less than one
year, entitled to a pension in respect of the security holders of the Contracting State
does not arise; that period to account for the recipient of the security of the Contracting State
that admits a pension, so, as would be obtained in its territory.
(6) the procedure under this article, the period of security
overlap, be counted only once.
Article 12
Pensions for surviving dependants shall be paid to security and admits that a Nobel
Contracting State, for whose pensions are considered or would consider
pensions, pensions to survivors of which it is calculated.
Article 13
Other retirement benefits (educational, Supplement to the educational,
the increase in income for the care, support during child birth and death grants)
grants and pays the Nobel of the Contracting State in which the
be paid a pension. If the pension be paid to holders of both security
the Contracting States, such benefits shall be paid to security and admits that a Nobel
the Contracting State on whose territory the person entitled permanent residency.
If there are two eligible persons with permanent residence in the different Contracting
States, is competent for the payment of a supplement to education and the educational
Nobel security Contracting State in whose territory the child has a permanent
the stay.
THE HEAD OF THE SECOND
Sickness insurance (security)
Article 14
Sickness insurance (security) to acknowledge and pay in
the extent and under the conditions specified by the competent own legislation
holders of the security of the Contracting State where the person is insured, nemocensky
(secured).
Article 15
If it is necessary for entitlement to the benefit of some time, security included
in the meantime the security gained in the second Contracting State; time
security, which overlap, are counted only once.
Article 16
If, under the legislation with regard to this Treaty made
the conditions for granting allowances to children (a supplement to the allowances on the
children) or one-off benefits (aid in the birth of a child,
death grants) in both Contracting States, and pay the levy Nobel
the security of the Contracting State in which the person has a permanent
stay, and in the case of death, in which the deceased had permanent residence. If they are
authorized two persons, but with permanent residency in the different Contracting
States, is competent for the payment of allowances for children and a supplement to the
allowances to children of State security holder on whose
the territory of the child's permanent residence.
THE HEAD OF THE THIRD
State social benefits
Article 17
State social benefits shall be granted and paid under the conditions laid down
the legislation of the Contracting State on whose territory a citizen of the Czech
Republic or the Slovak Republic permanent residency.
THE HEAD OF THE FOURTH
The benefits and services of social care
Article 18
Benefits and services for social care shall be granted and paid under the conditions
laid down by the legislation of the Contracting State on whose territory the
a citizen of the Czech Republic or the Slovak Republic's permanent residence.
Article 19
Citizens of the Czech Republic or the Slovak Republic, which does not have a permanent
stay on the territory of the other Contracting State, shall be provided benefits and services
social care only in urgent cases of threat to life or health
requiring an immediate solution; their remuneration and the way the financial
clearing shall designate the administrative arrangements.
PART IV
Common provisions
Article 20
(1) the time the security is obtained before the date of the Division of the Czech and Slovak
The Federal Republic is considered to be the period of contractual security
the State on whose territory the employer had citizen on the date of the Division headquarters
The Czech and Slovak Federal Republic, or the last time before that date.
(2) If a citizen had the date of the distribution of Czech and Slovak Federal
Republic or the last time before that date the employer based on the
the territory of the Czech and Slovak Federal Republic, the period shall be
Security is obtained before that date for the period of the contract
the State on whose territory a citizen had permanent residence on the date of the Division of the Czech and
Slovak Federal Republic or the last time before that date.
Article 21
(1) the competent authorities will adjust in the administrative arrangement, the measures necessary to
the implementation of this Treaty.
(2) holders of each other's security, provide administrative assistance free of charge
(performing administrative tasks and services), shall be communicated to the data and information
necessary for the assessment of claims.
(3) the Benefits to the other Contracting State shall be made in accordance with the payment agreement
negotiated between the two Contracting States, if such an agreement was not, in the
currency convertible in a Contracting State of the recipient benefits.
(4) the holders of the security of each other shall recognise the documents issued by the
the competent authorities of the other Contracting State; health assessment
the status and working abilities of persons for the purposes of the provision of benefits
conditional adverse health belongs to the scope of the
the competent authority of the Contracting State of which the recipient has to provide the dose.
Article 22
(1) applications, appeals and other submissions that shall be submitted when the
the implementation of this agreement or the legislation of one Contracting State in
the competent authority, the security holders, by another competent authority
or in the courts of one Contracting State shall be considered the application, the provisions
resources and other submission submitted to the competent authority,
security, another competent authority or a Court of the other Contracting
State.
(2) Suggestions and remedies, which must be submitted within the
the time limit, the security holders or to the competent court of one of the Contracting
the State shall be considered as filed on time, if they have been delivered in the specified
the time limit, the security holders or to the competent court of the other Contracting
State.
(3) the request, the appeals and other submissions in the matter of social
the security of the citizens of a single State to the wearer
security or the competent court the second Contracting State cannot be
refuse on the grounds that they are written in an official language of the first
Contracting State.
Article 23
(1) Contact the competent authorities, the security holders, the competent authorities and
the courts of two Contracting States in the implementation of this Agreement shall be made
directly.
(2) the holders of the security, the competent authorities and the courts both of the Contracting States
provide mutual assistance in social security in the same range,
as if it were on the implementation of their own social security schemes.
Article 24
Consuls of both Contracting States, it is for the right to represent the (personally or
the person empowered by citizens of a Contracting State) before the competent
authorities, security holders, the competent authorities and the courts of second
Contracting State.
Article 25
Medical examination for the purpose of social security of people staying
on the territory of the other Contracting State shall be carried out at the request of the bearer
the security of the first Contracting State under the same conditions as for the
the security holders of the other Contracting State.
Article 26
If you are in the implementation of this Treaty, the hardness, the competent
the authorities of both Contracting States agree on how to use the provisions of this
of the Treaty. Similarly, even if, if in its implementation
differences of interpretation. If it is not reached, the competent
the authorities of the Contracting States on the next steps.
PART IN THE
Special arrangements for members of the armed forces and Corps
Article 27
For benefits paid by social security institutions of the armed forces and
Corps pays the other provisions of this Treaty, unless otherwise provided in the
This section.
Article 28
State social benefits for the purposes of this agreement and shall be considered as a recurring
the benefits associated with the termination of service members
the armed forces and Corps.
Article 29
Retirement benefits paid by the social security institutions
the armed forces and Corps to the date of the Division of the Czech and Slovak
Federal Republic considered retirement benefits,
the Contracting State on whose territory the legitimate permanent residence. Competent to
the payment of these benefits is the competent authority of the Contracting State.
Article 30
The period of service (employment) took place before the date of the Division of the Czech and Slovak
The Federal Republic on the territory of the other Contracting State shall be deemed to
the period of service (employment) on the territory of the Contracting State whose competent
the authority will be granted a pension. This service (employment) are evaluated in the
the same extent and under the same conditions laid down by the regulations in force
on the day of the split of the Czech and Slovak Federal Republic.
Article 31
(1) if any of the benefits referred to in article 28 shall be paid in accordance with the legal
the provisions of the staff regulations, which on the date of the Division of the Czech and Slovak
Federative Republic expires, it is considered to this day for dose under
the legislation of the Czech Republic or the Slovak Republic about the business
circumstances, of which the levy is due on the date of distribution
The Czech and Slovak Federal Republic and further out on that dose
subject to the legislation of the Contracting State whose competent authority
This dose will be paid.
(2) the amount of the benefits shall be determined in accordance with the law, according to
which ended the service.
Article 32
It was not about the right to benefit until the date of the Division of the Czech and Slovak
The existing authorities of the Federal Republic will be decided by documentation
passed on to the next procedure to the competent authority of the Contracting State on the
whose territory the applicant has permanent residence.
PART VI
Transitional and final provisions
Article 33
Pensions granted from the date that falls within the period before the split of the Czech and
Slovak Federal Republic, the Czech Republic's security holders
or the Slovak Republic shall continue to be considered as pensions of contract
State of which the recipient of security was or would be responsible for the payment of
These pension on the date of the distribution of Czech and Slovak Federal
Of the Republic.
Article 34
(1) this Agreement shall enter into force after it according to its constitutional
legislation approved by both Contracting Parties. The Treaty will be applied
from the 1. January 1, 1993.
(2) the contract shall be concluded for an indefinite period. Each of the Contracting States, it
may terminate in writing through diplomatic channels. The notice period shall be
twelve calendar months and starts on the first day of the calendar
the year following the delivery of the termination to the other Contracting State.
(3) If this agreement is terminated, the rights acquired pursuant to
its provisions are maintained.
Article 35
This agreement is drawn up in two copies, each in the Czech language and
Slovak, both texts being equally authentic.
Done at Prague on 29. October 1992
For the Czech Republic:
Václav Klaus, v.r.
For the Slovak Republic:
Vladimír Mečiar v.r.
