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On The Adjustment Of Odpočivných Benefits

Original Language Title: o úpravě odpočivných požitků

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195/1926 Sb.



Convention



between Austria, Italy, Poland, Romania, the Kingdom of Serbs, Croats

Yugoslavia and Czechoslovakia on the adjustment of the various groups odpočivných

benefits that have not been modified by the Convention of 6 May 1999 in Rome. April 1922.



ON BEHALF OF THE CZECHOSLOVAK REPUBLIC.



ON BEHALF OF THE CZECH REPUBLIC, ITALY, POLAND, AUSTRIA, ROMANIA



And



THE KINGDOM OF SERBS, CROATS AND SLOVENES



WAS NEGOTIATED THIS CONVENTION AND THE PROTOCOL:



The Convention between Austria, Italy, Poland, Romania, the Kingdom of the Serbs,

Croats and Slovenes and Czechoslovakia on the adjustment of the different groups

odpočivných of benefits that have not been modified by the Convention of 6 May 1999 in Rome.

April 1922; intending a permanent Alliance about the Convention, the High Contracting Parties

appoint their agents:



The Federal president of the Republic of Austria:



Mr. Viktor Kienböcka, Dra



the Federal Minister of finance;



His Majesty the King of Italian:



Antonio Chiaramonte Bordonaro p.,



the extraordinary Envoy and Plenipotentiary Minister j. v. King in Italian

Vienna;



President of the Republic of Poland:



p. Dra Zbigniew Smolka,



judge at the Supreme Administrative Court, the preferred winding-up Department

the Polish Embassy in Vienna;



His Majesty the King of Romania:



p. j. Nistora,



the State Minister;



His Majesty the King of Serbs, Croats and Slovenes:



Mr. Ivan Rupnika,



Dr. rights and Chief Financial Office and



Mr. Milan Cvetniće,



the Chief Inspector of the State Railways;



The President of the Republic:



p. Dra Bohumil Vlasák,



the head of the Trade Ministry of finance, the preferred



who, předloživše their full powers, found in good and due form,

have agreed as follows:



PART I.



Adjusting the ratios of former Government employees and military people

the Austrian, nepřevzatých to some of the High Contracting Parties.



Article 1.



Active service of the former civilian Government employees and military people

the Austrian, 3 December 2004. November 1918 even nedaných to rest and

nepřevzatých to the service of any of the High Contracting Parties shall be considered

completed on 3 June 2006. November 1918 or later, which were made

on the relaxation State or with the consent of the State in which, according to these

the provisions of the fall.



Article 2.



The person in article 1. odpočivné receives benefits listed starting with 1.

in December 1923, from the High Contracting Party of which they are nationals

According to the peace treaty became the St. Germain peace either ipso facto or options

or claims, if they are entitled to benefits or to surrender odpočivné

According to the provisions of the former Austrian Empire, applicable on the day of 3.

November 1918 and the result of their years of pensionable service, without

regardless of your professional competence at the time of completion of the service.



Certainly people are excluded,



1. that refuse to service in a State whose nationals have become, or

that promise nesložily (oath) officially requested from them, or



2. which had left his service, or



3. which own fault they have complied with the General or specific invitation to

they replaced the service, or to submit an application for that purpose, or



4. the removal of services in the interest of the public was rejected.



The amount of the benefit odpočivných down state which load the appropriate

odpočivného pleasure takes over.



Article 3.



Odpočivné or provident benefits to survivors after the persons referred to in

Article 1, and surviving, which odpočivné or provident benefits in

day 3. November 1918 were not allowed yet, starting with 1.

in December 1923, at expense of another High Contracting Party, which, according to

the above provisions seemed to load odpočivných benefits

the staff, except for the case when the widow (an orphan) acquired

the nationality of the other Contracting Party in accordance with the peace treaty of St.

Ipso facto or St. Germain either options or complaints. The burden falls

odpočivných or zaopatřovacích benefits to the party then said.



As regards the determination of the amount of odpočivných or zaopatřovacích, will be

pay through the provisions of article 2. to paragraph 3.



Article 4.



The payment of benefits to persons residing in odpočivných abroad may be made

dependent on the condition that the party resolves its place in

State whose nationality acquired. The State may, however,

exceptionally, if it is proved that the return to the homeland of pensistův

other particularly important reasons predicaments, povoliti to odpočivné

benefits are paid in a foreign country. For the payment of benefit can be odpočivných

plays exactly the given conditions. The High Contracting Parties undertake to

to take measures to ensure that the return of the pensistů to their homeland was facilitated.



Article 5.



The provisions of article 1. up to 4. they will pay through the nose for the employees of the common

the administration of the former Austria-Hungarian monarchy and the provincial administration of Bosnia and

Herzegovina, which were not taken into the service of some high contracting

The parties and the date 3. November 1918 haven't been put to rest, as well as

for odpočivné benefits of these employees and their survivors for

provided that these employees (survivors) were the day 3. November 1918

members of the former Austrian Empire.



Article 6.



The High Contracting Parties undertake to pay through odpočivné perks

due under this Convention to the persons covered by this Convention, the

the application that you need to administer a year after the effectiveness of this Convention; When

the payment of the aid are taken into account, backup, and other payments, from 1. December 1923

any Contracting Party paid.



Payment made to the date on which the Treaty of St. Germain became the

effective, call is on mutually balanced, even if there have been

on the basis of agreements between some of the High Contracting Parties.



If any of the High Contracting Parties have not renounced their refunds

reciprocal agreements negotiated in respect of the State, is obliged to

the State which carried out the payment nahraditi payment (advance, support)

made for the effectiveness of the peace treaty of St. Germain peace (July 16,

1920) another State than that according to the previous provisions

is from 1. December 1923 to paying debt. The payment of the debt to snížiti, or

under the request, delivered in a timely manner, of the State to which the

performs. The currency in which they will perform mutual settlement and compensation

those payments, as well as the exchange rate will be determined by agreements that

ujednati belongs to the relevant States.



The provisions of the preceding paragraph shall not prejudice the special conventions on

This subject has already been agreed.



Article 7.



Arise between the High Contracting Parties disputes over nationality

persons covered by the terms of this Convention, the High Contracting Parties undertake to that

will current payments for the time being continue to provide until the detected

the nationality of the person involved, subject to compensation by the State,

the nationality of the person concerned.



At the request of the beneficiary or of the competent State, the dispute shall be submitted to the

within a year the Tribunal competent for questions of citizenship.



Article 8.



The previous provisions of article 1. up to 7. do not touch the internal laws and

regulations in terms of the ratio between each of the High Contracting Parties, and

its own nationals.



PART II.



Adjusting the ratios of employees and former employees of the Cabinet

Office.



Article 9.



For the civilian staff of the administration of the former Justice, as well as for employees

the former cabinet offices, which have been already allocated odpočivné delights

or they belonged to, as well as for their survivors, belong to use it according to the

the meaning of the provisions of the Convention agreed in Rome on 6. between April 1922

Austria, Italy, Poland, Romania, the Kingdom of Serbs, Croats and

Yugoslavia and Czechoslovakia on the benefits conferred by the former odpočivných

the Government of Austria.



With regard to employees who have been to 3. November 1918 were not yet made

to rest and who have not been taken into the service of some of the High

Of the parties, shall use it according to their meaning of the provisions of the first

part of this Convention.



The first and second paragraph of this article refers to the persons who were the date of

November 3, 1918, members of the former Austrian Empire.



Edit odpočivných and zaopatřovacích benefits of former real

(pragmatikálních) of the employees of the administration of trust assets of the former

the ruling family of Austro-Hungarian or some of its industry

reserves with special agreements, which súčastněné States have negotiated.



PART III.



And.



Modifying the legal conditions of the employees of the former imperial state railways.



Article 10.



For odpočivné the perks (including a "provisí"), the salaries of the grace, the surrender value and

drahotní allowances that day 3. November 1918 has already been awarded or

no longer were his, according to his will the meaning of pay through the provisions of the Convention

agreed in Rome on 6. April 1922 between Austria, Italy, Poland,

Romania, Kingdom of Serbs, Croats and Slovenes and Czechoslovakia on the

odpočivných benefits conferred by the former Government of the Austrian.



The High Contracting Parties undertake, on behalf of the State

in the meantime, to further vypláceti odpočivné benefits to employees and their

the survivors in the first paragraph referred to the date on which the competent State

definitely takes over the payment of these benefits, which were to be odpočivných

According to the uspíšiti option.




The provisions contained in paragraph 2., 3. and 4. of article 6. Part I will be

pay through the nose for payments (odpočivné perks, advance, support)

spoken in the first paragraph of this article.



Article 11.



With regard to employees who have been to 3. November 1918 were not made yet

to rest and who have not been taken into the service of some of the High

The Contracting Parties shall be in accordance with their terms of pay through the provisions of the first

part of this Convention.



Article 12.



The provisions of articles 10. and 11. they will also pay through the nose for employees

(survivors) of former provincial railways in Bosnia and Herzegovina and the former imperial and

military runway Banjaluka-Doberlin, if these employees were delivery

November 3, 1918, members of the former Austrian Empire. Edit

the distribution of funds, these lanes zůstavuje to the agreement, which will be a permanent Alliance

among all the súčastněnými States.



(B).



The distribution of the funds of the retirement pension of the former administration of the State.

railways.



Article 13.



According to the attached list, which is an essential part of this Convention,

the assets of these funds will be distributed:



1. the Institute for civil servants and pensijního podúředníky c. k. Austria

the State Railways,



2. provisního the Institute for servant and jobbing c. k. Porter of the Austrian

the State Railways,



3. the Fund's former pensijního c. k. Priv. Emperor Ferdinand North railway company

(A),



4. the Fund's former pensijního c. k. Priv. Emperor Ferdinand North railway company

(B),



5. the Constitution of the former pensijního c. k. Priv. United Northern Railways (pensijní

Pool A),



6. the Constitution of the former pensijního c. k. Priv. United Northern Railways (pensijní

Fund (B)),



7. pensijního Fund for civil servants, taken from Priv. Austria-

Hungarian State Railways Company to service the Austrian State

railways,



8. provisního Fund for podúředníky, servants, handlers can be advised and workers

taken from Priv. Austria-Hungarian State Railways Company to

the services of the Austrian State Railways,



9. the Constitution of the former pensijního c. k. Priv. Austrian North-Western railways,



10. the Constitution of the former pensijního c. k. Priv. Jihoseveroněmecké connection

the track.



Article 14.



The High Contracting Parties zjistivše the value of the Fund referred to in

the preceding article is not enough to cover the pensijního burden, have agreed that the

These funds split at a ratio of pensijního burden, under the Convention on the

each State is allocated, which, however, can be only approximately plays.



Article 15.



For the purposes of this Division will be real estate all of these funds with

the rights and obligations of the library they secured allocated High Contracting

The party in whose territory they are.



Debt funds will be allocated to the High Contracting Party on whose territory the

is the debtor's domicile or registered office.



Receivables and debts between the various funds for distribution to designated and claims

and debts between some Fund for distribution to designated and the former erárem.

They shall be deemed to have been repealed.



Article 16.



Under this allocation is the proportion of the Italian Kingdom in the Division of funds completely

paid, shares of the other high contracting parties are uhraženy

in part, to the Kingdom of Serbs, Croats and Slovenes, on whose territory the

such real estate is not.



Therefore, they will be divided among the States titres in natura, each

the group separately, including even slosované, but titres 15. October 1923

still unspent, according to this key:

2.5%, Austria

13.0%, Poland

4.0%, Romania

The Kingdom of Serbs, Croats and Slovenes 13.0%,

Czechoslovakia 67.5%.



If they remain under this distribution key still unscored titres

divide the indivisible values-if their settlement is

does not perform the mutual exchange between the designated States according to the actual

the proceeds of the sale of these indivisible residues.



The distribution by the Commission, which will be convened in Vienna, within one

months from the date on which this Convention becomes effective; the Commission will be

represented all the States having a share in the distribution of the titers.



Slosované titres after 15. October 1923, or any proceeds of their

in original currency shall be distributed according to the above distribution

the key. Coupons due after 15. October 1923 or the proceeds are cashing in

original currency, will fall to State which receives the titre.



Article 17.



The proceeds from the waning of slosovaných and to the 15. October 1923, as well as paid

money will be allocated to the Republic of Austria. Also, the proceeds from the

coupons all titers-if these coupons were paid to 15. October

1923-and titres of war loans will be allocated to Austria.



By contrast, the Republic of Austria takes over the obligation, that alone will equal the loan

on the current account in the amount of 12 million crowns, which was closed at the checkout

war loan subscription war loans, and completely releases the titres

for this loan pledged and is without any load available

for a distribution.



Article 18.



Czechoslovak Republic, annuities, annuities remitted to the paper silver and

investment annuities of the former Austrian Empire, which according to her

the distribution key of the above scheme, half of the Kingdom

Serbs, Croats and Slovenes, and half of the Republic of Austria, in Exchange for

other titers, which both of these States will get and which will be chosen

by mutual agreement. Under the same conditions shall refer the Republic of Poland

Republic of Austria, the annuity and investment annuities payable to paper

Poland, also in Exchange for other titres belonging to Austria.



Article 19.



The High Contracting Parties undertake to grant to the States, which real estate

or claims are allocated to all the relevant documents and the documents

they have.



The Federal Government of Austria will give free permission to export the titers, which

have the soul to the other High Contracting Parties, and, if

necessary, on the abolition of the Austrian circumlocution.



Article 20.



The funds, to be rozděliti, they shall be considered by the Convention for

destroyed.



PART IV.



Final provisions.



Article 21.



The High Contracting Parties undertake, when taking over the burden-pensijního

shall issue the needed each other's writings and papers and that after thirty

years from the date on which this Convention becomes effective, to be kept by the competent

the main books and documents.



In addition, it agreed that in the implementation of this Convention will be each other

pomáhati, that's dopisovati in this matter directly with the relevant

the central authorities without immediate diplomatic councils, that

permitting authorities súčastněnými States to the designated use and

examination, or copying files and provide the shortest route

the necessary explanation.



Article 22.



This Convention shall be ratified as soon as possible.



Each State shall send its ratification by the Government of Austria, which advise the

all other podpisující States.



Ratification will be stored in the archives of the Government of Austria.



This Convention becomes effective after ratification by all High Contracting

The parties on the date of the composition of the last ratification.



Making responsible agents above appointed have signed this Convention.



Given in Vienna, on 30 November, the day of the year one thousand nine hundred twenty-

the third French in a single copy, which remains stored in the

the archives of the Government of Austria and the certified true copies will be issued to all

podpisujícím States.



For Austria:



Dr. v.r. KIENBÖCK



Italy:



A. c. BORDONARO in r.



Poland:



Dr. ZBIGNIEW SMOLKA in r.



Romania:



With regard to the Protocol of 30 June. November 1923, annexed to the draft

the Convention between Austria, Italy, Poland, Romania, the Kingdom of the Serbs,

Croats and Slovenes and Czechoslovakia on the adjustment of the different groups

odpočivných benefits, as well as to the draft Convention, as well as Austria, Italy,

Romania, Kingdom of Serbs, Croats and Slovenes and Czechoslovakia on the

modify the diurnal provincial, municipal and district, signed J.

Nistor, Minister of State, that he signed and signed both of these texts, the Convention

drawing, that no obstacles will be able tvořiti the Royal Government

Romanian to internal legislation established the conditions that will

' applicants to be able to exercise the right to the sea, as well as

on the level of pense to be granted. In Vienna, on 26 April. July 1924.



J. NISTOR in r.



The Kingdom of Serbs, Croats and Slovenes:



IVAN RUPNIK in r.



M. CVETNIĆ in r.



Czechoslovakia:



Dr. BOHUMIL VLASAK in r.



The additional declaration of the High Contracting Parties.



1. The High Contracting Parties declare that they are willing to zkoumati with

the largest odpočivných must not rely on the application for the payment of benefits abroad, and that the

will be přihlížeti to the special circumstances of the applicants even if, if it was

an earlier request will be rejected.



2.



and) the Italian delegation declares that the Italian Government will examine all

must not rely on questions of acquisition of Italian nationality of employees in

the previous Convention, which mentioned an option of the application or complaint

have not yet been dealt with.



(b)), the High Contracting Parties declare that they are willing to establish a permanent Alliance

the bilateral agreement on the adjustment of benefits employees who have been laid off,

in that have not acquired the nationality of the State which have served for a period of

a few years after 3. November 1918.



For Austria:



Dr. KIENBÖCK in r.



Italy:



A. c. BORDONARO in r.



Poland:



Dr. ZBIGNIEW SMOLKA in r.




Romania:



J. NISTOR in r.



The Kingdom of Serbs, Croats and Slovenes:



IVAN RUPNIK in r.



M. CVETNIĆ in r.



Czechoslovakia:



Dr. BOHUMIL VLASAK in r.



Write.



Subscribers, předloživše his full powers, have signed this writing, connected

on draft conventions between Austria, Italy, Poland, Romania, the Kingdom of

Serbs, Croats and Slovenes and Czechoslovakia on the adjustment of the different groups

odpočivných of benefits that have not been modified by the Convention of 6 May 1999 in Rome.

April 1922, as well as to the draft Convention between Austria, Italy, Romania, the

the Kingdom of Serbs, Croats and Slovenes and Czechoslovakia on the adjustment

odpočivných benefit provincial, municipal and district.



The representative of the Republic of Austria, the representatives of the Kingdom of Serbs, Croats and

Slovenes and the representative of the Czech Republic signed the said Convention.



Representatives of other Contracting States undertake to recommend your

Governments to endorse the relevant Convention and that will be a later pečovati

sign conventions duly authorized agents.



Polish representative declares that his Government's reserves to the second of the two

the above conventions later přistoupiti.



For Austria:



Dr. KIENBÖCK in r.



Italy:



Dr. RICCARDO OTTAVIANI in r.



Dr. FAUSTO PIZZICHELLI in r.



Poland:



Dr. ZBIGNIEW SMOLKA in r.



Romania:



C. m. MITILINEU in r.



The Kingdom of Serbs, Croats and Slovenes:



IVAN RUPNIK in r.



M. CVETNIĆ in r.



Czechoslovakia:



Dr. BOHUMIL VLASAK in r.



PROZKOUMAVŠE THIS CONVENTION AND THE PROTOCOL, AND KNOWING THAT THE NATIONAL ASSEMBLY

THE CZECHOSLOVAK REPUBLIC AGREES WITH THEM, WE AGREE AND WE CONFIRM IT.



THE CONSCIENCE WE HAVE SIGNED THIS SHEET AND THE SEAL OF THE REPUBLIC

THE CZECHOSLOVAK PŘITISKNOUTI DALI.



In the CASTLE of PRAGUE, on July 25. AUGUST DEVÍTISTÉHO THE TWENTIETH ONE THOUSAND YEARS

The SIXTH.



L. S. PRESIDENT OF THE CZECHOSLOVAK REPUBLIC:



T. g. MASARYK in r.



MINISTER OF FOREIGN AFFAIRS:



Dr. EDVARD BENEŠ in r.



Is announced with the fact that after the sense article. 22 this Convention becomes effective after

ratification by all the Contracting Parties on the date of the composition of the last ratification.

The effectiveness of its proclaimed the Special Decree of the Minister for foreign

things.



Dr. Edvard Beneš in r.