267/1997.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the day 10. June 1996
Geneva Treaty is signed between the Czech Republic and the Swiss
Confederation on social security.
With the Treaty, its assent, Parliament of the Czech Republic and the President of the
Republic has ratified it. The instruments of ratification were exchanged in Prague on
September 18, 1997.
The contract shall enter into force on the basis of its article 33, paragraph. 2 on 1 July.
November 1997.
The Czech version of the Treaty shall be designated at the same time.
TREATY between the Czech Republic and the Swiss Confederation on social
Security
The President of the Czech Republic and the Swiss Federal Council, guided by the wishes of the
Edit the relations between the two countries in the field of social security,
have agreed as follows:
SECTION I
GENERAL PROVISIONS
Article 1
(1) for the purposes of this agreement, the expressions mean:
"competent authority"
in relation to the Czech Republic, the Ministry of labour and Social Affairs and the
in relation to Switzerland Federal Office for social insurance;
(b) the "Nobel"
the institution, which belongs to the implementation of legislation
referred to in article 2;
(c). "dwell"
Typically, zdržovati;
(d) "residence"
the place where the person resides with the intention of permanent residence;
(e) "periods of insurance"
contribution periods, periods of employment or periods of residence, as well as
them on Department time, which, in accordance with the law, according to
which have been obtained, they are established or recognized as periods of insurance;
(f) "cash benefits", "pensions"
cash benefits, pensions, including all supplements, allowances and increase;
(g) "refugees"
refugees within the meaning of the Convention of 28. July 1951 relating to the status
of refugees and the Protocol of 31. January 1967 relating thereto;
(h) "stateless person"
stateless persons within the meaning of the Convention relating to the status of persons
stateless from 28. September 1954;
"family members and survivors"
family members and survivors, if their rights derive from State
the citizens of the Contracting States, refugees or stateless persons.
(2) the other terms in this agreement have the meaning given to them in any
Contracting State belongs under its legislation.
Article 2
(1) this Treaty shall apply:
And in Switzerland.
and on the Federal law on sickness insurance;
(b). the Federal Act on old-age and survivors insurance;
(c). the Federal law on invalidity insurance;
(B) in the Czech Republic
and on legislation on sickness insurance;
(b). the legislation on social security.
(2) this Treaty shall apply to all legislation, which
include, amend or supplement the legislation referred to in paragraph 1.
(3) the contract shall, however, apply:
and on legislation on new branches of social security, only
If it is agreed between the Contracting States;
(b). the legal provisions that extend the existing system to the new
the categories of persons, only if the State party changing its legislation during the
six months after the official publication of that legislation
does the second Contracting State the opposite statement.
Article 3
This agreement shall apply:
and on citizens of the Contracting States, as well as to their family
members and survivors;
(b). when on the territory of residence one Contracting State to refugees and persons
stateless, as well as to their family members and
the survivors; If there are any more favourable national provisions,
the following shall apply;
(c). with respect to article 7 (2). 1 to 3, article 8 (2). 3 and 4, article 9
paragraph. 2 and articles 10 to 13, as well as sections IV and V, also to all the other
persons, other than those referred to under letters a and b, and..;
(d). with regard to article 16 (a). (c) also to the citizens of the Slovak
of the Republic.
Article 4
(1) subject to the provisions of this Treaty, the derogations are State citizens
one State party, as well as their family members and survivors
in their rights and obligations arising from the legislation of the second
Contracting State brought on a par with nationals of that Contracting
State, where appropriate, their families and survivors.
(2) paragraph 1 shall not apply in relation to Swiss legislation on
the voluntary old-age insurance and and survivors of the Swiss Government
citizens established abroad, as well as on the benefits of social care for
Swiss nationals abroad;
(b). the old-age insurance, survivors, and disability insurance
the Swiss State citizens who are abroad in the service of činni
The Swiss Confederation or the federal institutions designated by the Council.
Article 5
(1) If the contract provides otherwise, shall receive the person listed in the
Article 3 (b). and (b), and which may require cash benefits under
the legal provisions referred to in article 2 (2). 1 (a). And (b). small.
and (c), as well as the letter B, these benefits if they live on the territory of one
Contracting State.
(2) retirement from the Swiss invalidity insurance for insured persons,
who are less than poloinvalidní, as well as the extraordinary pensions and
compensation for helplessness from Swiss old-age insurance,
survivors insurance and disability insurance are provided only when
residence in Switzerland.
(3) cash benefits under the legislation of one of the Contracting States
referred to in article 2 (2). 1 (a). And (b). small and (c), as well as
(B) provide the citizens with the other Contracting State
residing in a third State, as well as their family members, and
survivors under the same conditions and to the same extent as their own
citizens or their family members and survivors who
He lives in that third State.
SECTION II
THE APPLICATION OF THE LEGISLATION
Article 6
Subject to articles 7 to 10, the insurance obligation on the persons referred to
in article 3 of the law of the Contracting State in whose territory such person
a gainful activity.
Article 7
(1) the employees of the employer with a registered office in the territory of one of the Contracting
State who are posted to work temporarily in the territory of another
the Contracting State shall remain during the first 24 months of the reporting law
the legislation of the Contracting State on whose territory the employer has its registered office.
If the period of posting exceeds this time limit, the subordination of the legal
the legislation of the first Contracting State maintain for the competent
the authorities of both Contracting States agree.
(2) employees of a transport company established in the territory of one
the Contracting State who perform work in the territory of both
the Contracting States, shall be subject to the legislation of the Contracting State on the
whose territory the employer has its registered office, as if they were employed
just there. However, where such person resides in the territory of the other Contracting
State or if they are there permanently employed by a branch or permanent
representation of that employer, are subject to the legislation of the
This Contracting State.
(3) the Employees of the public service, who sent one to the Contracting
by the State on the territory of the other Contracting State, shall be subject to the legislation of the
of the sending State.
(4) the nationals of the Contracting States, who belong to the crew of the sea
a ship that is flying the flag of one Contracting State are insured
According to the law of that Contracting State.
Article 8
(1) nationals of one Contracting State who are činni as
members of the diplomatic or consular representation of that State on
the territory of the other Contracting State, shall be subject to the legislation of the first
Contracting State.
(2) the nationals of one Contracting State, who are on the territory of the other
Contracting State recruited to diplomatic or service performance
the consular representation of the first Contracting State, are insured in accordance with
the legislation of the other Contracting State. Within three months after the start of
his employment or after the entry into force of this agreement, you may choose
the application of the legislation of the first Contracting State.
(3) paragraph 2 shall apply mutatis mutandis for the:
and citizens of a third State, who are employed by the diplomatic
or consular representation of one State on the territory of the other Contracting
State;
b. citizens of a single State, and nationals of third States,
who are employed in the territory of the other Contracting State in the personal
the service of the citizens of the State of the first Contracting State referred to in paragraphs
1 and 2.
(4) the diplomatic or consular representation of one
the Contracting State on the territory of the other Contracting State a person, that are
insured under the legislation of the Contracting State must then
to carry out the General obligations imposed on employers by the legislation
This Contracting State. The same obligation also applies to citizens
referred to in paragraph 1 or 2, employing persons within the meaning of the previous
the sentence.
(5) paragraphs 1 to 4 shall not apply to honorary consular posts and members
their officials.
Article 9
(1) nationals of one Contracting State, who are employed on
the territory of the other Contracting State in the service of diplomatic or
the consular representation of the third State and are not insured or in this
State, even in his home State, will be insured under the legislation of
the laws of the other Contracting State.
(2) paragraph 1 shall be valid in the area of Swiss old-age, survivor's
and invalidity insurance for spouses and children of the persons referred to in
paragraph 1, that with them staying in Switzerland, if they are not already
insured in accordance with their national legislation.
Article 10
In the interest of the insured person, the competent authorities of both Contracting States
mutual agreement to negotiate derogations from articles 6 to 8.
Article 11
(1) If a person referred to in article 7, 8 or 10, during the performance of their
employment in one Contracting State subject to the legislation of the
the other Contracting State, the same is true for the wife and children, with
This person present on the territory of the first Contracting State, if they themselves
do not exercise the activity of establishing participation in insurance in this State.
(2) If, pursuant to paragraph 1 shall be valid for the wife and children of the Swiss legal
regulations, are insured in the insurance, old-age, disability and
the surviving.
SECTION III
SPECIAL PROVISIONS
FIRST CHAPTER: SICKNESS AND MATERNITY
Article 12
(1) if the person is Insure that changes the place where she lives, or self-employed
the activities of the Czech Republic, Switzerland, during the three months of performances
Czech health insurance for Swiss sickness funds for
sickness insurance cash benefits, contracts for the acquisition of the right to
benefits included periods of insurance completed in the sickness insurance of the Czech
of the Republic.
(2) as regards the benefits in case of maternity, the periods of insurance referred to in
paragraph 1 shall be included only if the insured person is entitled for a period of three
months to some Swiss sickness.
Article 13
To obtain the right to benefit from sickness insurance to Czech
does the insurance periods completed under the Swiss sickness insurance
the insurance.
THE SECOND CHAPTER: OLD AGE, DEATH AND INVALIDITY
And: the use of Swiss legislation
Article 14
(1) citizens of the Czech Republic and their survivors are entitled to the
proper pensions and compensation for helplessness from Swiss old-age
insurance and protection of survivors under the same conditions as Swiss
nationals and their dependants; paragraphs 2 to 4 are preserved.
(2) if they are citizens of the Czech Republic or their survivors, who
do not live in Switzerland, shall be entitled to a proportional pension from Swiss
old-age and survivors insurance, which amounts to not more than 10
percent of the corresponding sound full retirement, then he will give them the
instead of a proportional pension compensation in the amount of
retired. Leave-if the citizens of the Czech Republic or their
survivors who received such a proportional pension, Switzerland,
They also provide the appropriate compensation that corresponds to the value
income at the time you travel.
(3) if the proper relative income of more than 10 percent but not more than 20
percent of the corresponding sound full retirement, then the nationals of the Czech
Republic or their surviving dependants who do not live in Switzerland or
Finally leave, they may choose between granting a pension or compensation.
This option is to be taken in the course of the procedure for the award of a pension,
If the persons concerned at the time of the insurance case present
outside Switzerland, or when leaving the country, if already in Switzerland
pension received.
(4) after the payment of a one-time settlement from Swiss insurance
cannot be applied against this insurance no claims of contributions
paid in the meantime.
Article 15
(1) citizens of the Czech Republic, who immediately prior to the emergence of
disability allowance are subject to the obligations in the Swiss old-age
insurance, survivors and invalidity insurance shall receive benefits
provided from this participation in insurance if residing in Switzerland.
Article 16 (a). a. shall apply mutatis mutandis.
(2) the nationals of the Czech Republic, who in the creation of disability
be subject to contributory old-age insurance, the obligations of the Swiss
survivors and disability, but it insured, receives funds
provided from such participation, if they have a residence in Switzerland, if the
immediately before the onset of invalidity, continuously during at least one
the year they lived in Switzerland. Minor children entitled to such
benefits, if he lives in Switzerland and there is either a disability were born,
or lived continuously there since birth.
(3) Living in Switzerland within the meaning of paragraph 2 is for State citizens
The Czech Republic resident in Switzerland, if they didn't leave the
Switzerland for more than three months.
(4) Children born disabled in the Czech Republic and whose mother
in the Czech Republic stayed before their birth, not more than two
for months, are built on a par with disabled children born in
Switzerland. Swiss invalidity insurance takes over in the event of the birth of
the affected child costs arising during the first three months after its
birth to the extent to which such benefits would have to be
provided in Switzerland.
(5) paragraph (4) shall apply mutatis mutandis to children born outside the Contracting States;
Swiss invalidity insurance takes over in this case, the cost of benefits
in a third State, but only if there as a result of the health
the status of the child must be urgently provided.
Article 16
For entitlement to retirement in accordance with Swiss legislation
on invalidity insurance shall be considered as the insured person within the meaning of these
the rules also:
and the State of the Czech Republic citizens, who had to stop their gainful
activity in Switzerland due to injury or illness, and whose disability
in this country has been detected within one year from the time of the interruption of work
with the subsequent disability; must continue to pay contributions to the insurance
old-age, survivors and invalidity, as if they were resident in Switzerland;
(b) the State of the Czech Republic citizens, who, after leaving their employment
the activities receiving funds from Swiss invalidity insurance;
subject to the contributory obligation in the Swiss old-age insurance,
survivors and disability;
(c) state the Czech Republic citizens, to which provisions cannot be used
letters and. and b., and who at the time of the insured event
the AA. they are insured in the Czech pension insurance or
BB. in the Czech health insurance or
CC. invalidity or old-age pension shall receive according to Czech law
or have a claim on them.
Article 17
Article 14, paragraph 3(b). 2 to 4 shall also apply to the proper pensions of Swiss
the invalidity insurance, if the person entitled to receive benefits with
the age of 55 years and if it does not envisage further disability.
Article 18
(1) citizens of the Czech Republic are entitled to extraordinary pensions from
the Swiss insurance old-age, survivors and invalidity under the same
conditions as Swiss nationals, if immediately before the time of
from which the pension is claimed,
and at least ten years in the case of old-age pension,
(b) at least five years in the case of a disability pension, the pension of a surviving
or other benefits replacing the old-age pension continuously lived in
Switzerland.
(2) the length of stay within the meaning of paragraph 1 shall apply for an uninterrupted, if
Switzerland will not be abandoned for a period exceeding three months in the calendar
the year. In exceptional cases, the three-month time limit may be extended.
The period of stay will not count towards the period of housing State of the citizens of the Czech
in Switzerland, during which they were exempt from the insurance
the obligations in the Swiss insurance old-age, survivors and disability.
(3) the repayment of the contributions paid to the Swiss insurance company for
old-age and survivors insurance before entering this agreement in
the validity and compensation provided for in article 14, paragraph 3(b). 2 to
4 and under article 17 shall not preclude the provision of extraordinary income by
of paragraph 1. In these cases, however, will be retroactively paid contributions and
one-off compensation expense with or provided by pensions.
(B). the use of Czech legislation
Article 19
If they are in accordance with Czech legislation, the conditions of entitlement to
dose and without taking into account the Swiss insurance periods, provides for the Czech
Nobel insurance benefit exclusively on the basis of periods of insurance completed
According to Czech law.
Article 20
If you qualify for a benefit under the Czech legislation may arise
only taking into account the Swiss insurance periods, these periods
in the account only to the extent necessary, as if it were a time
obtained in accordance with Czech legislation, taking the following applies:
a. Benefits, the amount depends on the length of insurance shall be determined solely in the
the range corresponding to the insurance periods completed under Czech law
regulations.
(b). The benefits or parts of benefits, the amount of which does not depend on the length of
insurance shall be in the ratio of the periods completed exclusively by Czech
legislation to 30 years of insurance, but not more than the amount of the full
benefits; This does not apply for benefits or parts of benefits provided to ensure
the minimum income.
c. Time charged to the insurance periods after the emergence of disability for determining
the benefits of conditional long-term adverse health and benefits
survivors are assessed in the proportion of insurance periods completed exclusively under the
Czech legislation to two-thirds of the days that have elapsed between
16. the age of the person concerned and the creation of the permanent disability or death, not more than
However, the full-casting.
Article 21
(1) is less than the period of insurance completed under the Czech law
rules for 12 months and not on the basis of a claim for benefit,
the levy shall not be granted.
(2) When the indexation of pensions granted with regard to the Swiss
insurance periods of a fixed amount, the increase in the ratio of
referred to in article 20 (a). (b).
(3) for the determination of the assessment base for the calculation of benefits in accordance with the Czech
the legislation of the periods of insurance completed in accordance with Swiss law
the provisions in the relevant period.
(4) the condition for entitlement to a full disability pension for persons who
for your long term adverse health status resulting from before the age of 18
years of age could not be associated insurance, is a permanent residence on the territory of the Czech
of the Republic.
SECTION IV
MISCELLANEOUS PROVISIONS
Article 22
The competent authorities of:
and for the use of this. the contract must be implementing regulations;
(b) inform on each other. changes to their legislation;
c. marks the liaison bodies to facilitate contact between holders of insurance both
of the Contracting States;
(d) inform each other. of all the measures that have been taken to
the implementation of this Treaty.
Article 23
(1) the authorities, bearers of insurance and the courts of the Contracting States shall provide
other such assistance in the implementation of this Treaty, as if it were a
the application of their own legislation. Assistance with the exception of
medical examination free of charge.
(2) for the assessment of the degree of disability or health condition may
holders of the insurance of each Contracting State to take account of the reports and
medical insurance holders ' reports addressed to the other Contracting State.
They have the right to have the insured person examined by a doctor of their choice.
Article 24
(1) the exemption or reduction of administrative charges provided by the
the legislation of one Contracting State in respect of certificates and other documents, which are
under this legislation, also apply to similar
of the Charter and other documents to be submitted under the legislation of
the other Contracting State.
(2) the authorities and holders of insurance both of the Contracting States shall refrain in the case of instruments and
other documents presented in the implementation of this agreement from their
authentication by diplomatic or consular authorities.
Article 25
(1) the authorities, bearers of insurance and the courts of one Contracting State shall not
reject the submission or other document of the linguistic reasons, if
they are drawn up in the official language of the other Contracting State or in a language
the English.
(2) in the implementation of this agreement, the authorities may, holders of the insurance and the courts
each of the Contracting States and the persons concerned or their representatives
right to act in their official languages or in English.
Article 26
Applications, statements and appeals to be lodged by
the legislation of one Contracting State within a certain period the administrative
authority, court or insurance carriers of this Contracting State applies for
filed within the time limit, if the time limits have been made during the same for
the corresponding authority, court or other insurance contract holders
State. In such cases, noting the date of service on this site
submitted documents and send it to the appropriate place of the first Contracting State.
Article 27
(1) the holders of insurance pursuant to this agreement are intended to provide benefits,
waive your obligation of payment in the currency of your country.
(2) if the recipient of one of the Contracting State insurance payments
insurance carriers of the other Contracting State, shall be provided in the currency of the then
the other Contracting State.
(3) If a Contracting State shall exchange contact, the Contracting
States without delay measures to ensure vouchers owed to each other
amounts in accordance with the provisions of this Treaty.
(4) the nationals of one Contracting State who are present on the territory
the other Contracting State, have the unlimited possibility of voluntary insurance
under the legislation on insurance, old-age, survivors and disability
his home State, especially as regards the payment of contributions to the
This insurance, as well as the possibility of him get pensions.
Article 28
(1) If a person Has, under the legislation of one of the
the Contracting States levy for damage suffered in the territory of another
of a Contracting State, under its legislation, a claim for damages
against the third party, then the following applies:
a. the right to compensation passes to the bearer of the first insurance
Contracting State compulsory to the granting of benefits under the legislation of
in force for it;
(b) the second Contracting State recognizes this transition.
(2) if the holders of insurance of both Contracting States in applying the
paragraph 1 shall be entitled to compensation on the basis of the same case of damage arising
they are then spoluvěřiteli. In the internal relationship are required to
compensation in proportion according to the benefits that they bring.
Article 29
(1) Disputes arising from the implementation of this agreement, will be addressed
the competent authorities of the Contracting States, by mutual agreement.
(2) if it is not possible to reach agreement in this way, the disputed case
submitted to the Arbitration Commission, which shall decide within the meaning and spirit of this
of the Treaty. Its composition and the procedure to be determined by agreement of the competent authorities of the
of the Contracting States.
THE SECTION IN THE
TRANSITIONAL AND FINAL PROVISIONS
Article 30
(1) this Agreement shall also apply to insurance cases that have occurred
before its entry into force.
(2) this Treaty shall not provide any entitlement to benefits for the period prior to its
the entry into force.
(3) for the determination of entitlement to a benefit under this agreement, taking into account also
insurance periods which have been obtained before the entry into force of this Treaty in
force.
(4) this Treaty shall not affect the claims, which were met by a composition
or returning contributions.
Article 31
(1) the earlier decision shall not prevent the application of this Treaty.
(2) the rights of persons whose benefits were assessed before the entry into force of this Treaty,
in effect, they will be assessed again on request under this Treaty. To the new
the assessment may also ex officio. The new assessment shall in no
the case lead to a reduction of the existing rights of the beneficiaries.
(3) Claims to benefits from the Swiss insurance old-age, survivors, and
disability, which were obtained by the State or the citizens of the Czech Republic
their heirs, as refugees or stateless persons,
where appropriate, the heirs after them, are preserved; Article 5 is used
even in these cases.
Article 32
For claims that are referred to in article 31(5). 2 applied on the basis of
earlier claims, the deadline for their implementation, as well as
and limitation periods under the legislation of the Contracting States to run
First, since the entry into force of this Treaty.
Article 33
(1) this Treaty shall be subject to ratification; the instruments of ratification shall be exchanged
as soon as possible.
(2) the contract shall enter into force on the first day of the second month following
After the exchange of instruments of ratification.
Article 34
(1) this Treaty is concluded for a period of one year and will be further
automatically extended for another year, always if one Contracting State
in writing by no later than three months before the expiry of its validity.
(2) If this contract is terminated, will remain acquired rights to benefits
preserved. The waiting time is obtained on the basis of its provisions will be
solved by mutual agreement.
On the evidence of the agent of the Contracting States have signed the Treaty and
obtain it seals.
Done at Geneva on 10 March. June 1996, in two original copies, each
in Czech and German, both texts being equally authentic.
For the Czech Republic:
Ing. Jindřich Vodička in r.
the Minister of labour and Social Affairs
For the Swiss Confederation:
Verena Brombacher in the r.
Deputy Director of the Federal Office for social insurance
