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The Law On The Coordination Of Social Security Systems For The Application Of The Legislation Of The European Union

Original Language Title: Laki sosiaaliturvajärjestelmien yhteensovittamista koskevan Euroopan unionin lainsäädännön soveltamisesta

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Law on the application of eu legislation on the coordination of social security systems

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In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope

This Act lays down, for the purposes of the application of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems, the powers of institutions, authorities and bodies and the electronic exchange of information. Regulation (EC) No 987/2009 of the European Parliament and of the Council on the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems in Finland.

ARTICLE 2
Definitions

For the purposes of this law:

(1) By the basic Regulation Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems;

(2) Implementing Regulation Regulation (EC) No 987/2009 of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems;

(3) A public health and hospital service unit The health centre, the health centre, the hospital or other health care units maintained by the municipality or by the consortium;

(4) Benefits in kind Public health and hospital services, rehabilitation or rehabilitation of the Social Insurance Institution and the Health Insurance Act (1224/2004) And accident insurance (608/1948) In respect of medical treatment;

(5) Non-contributory special cash benefits The benefits listed in Annex X to the basic Regulation for Finland;

(6) By electronic document An electronic document referred to in Article 1 (2) (d) of the implementing Regulation.

The law provided for in this Act also applies to another country where the basic regulation or the implementing regulation applies.

Chapter 2

Competent provisions

ARTICLE 3
Competent authority

The competent authority in Finland referred to in Article 1 (m) of the basic Regulation is the Ministry of Social Affairs and Health.

§ 4
Competent institutions in respect of benefits

The competent institutions referred to in Article 1 (q) (i) and (ii) of the basic Regulation shall be in Finland by social security number:

(1) sickness benefits, maternity benefits and equivalent paternity benefits:

(a) in the case of benefits in kind, the public health and hospital service unit and the Social Insurance Institution in so far as it relates to medical benefits under the Health Insurance Act and the organisation or replacement of the Social Insurance Institution; Rehabilitation and reimbursement of costs of sickness and maternity benefits under the basic Regulation, as well as the accident insurance institution concerned or the Association of Accident Insurance Institutions, in so far as they are covered by accident insurance law Medical treatment allowances;

(b) in the case of cash benefits, the Social Insurance Institution;

(2) invalidity benefits:

(a) in the case of invalidity pensions under the national pension scheme, the Social Insurance Institution;

(b) in the case of invalidity benefits under the occupational pension scheme, the occupational pension institution in accordance with the occupational pension scheme;

3) old-age benefits:

(a) in the case of old-age pensions under the national pension scheme, the Social Insurance Institution;

(b) in the case of old-age pensions under the occupational pension scheme, the occupational pension institution in accordance with the occupational retirement pension scheme;

4) family pension benefits:

(a) in the case of survivors' pensions under the national pension scheme, the Social Insurance Institution;

(b) in the case of survivor's pensions under the occupational pension scheme, the occupational pension institution in accordance with the occupational pension schemes;

(5) in the case of accidents at work and occupational diseases, the accident insurance institution concerned or the Association of Accident Insurance Institutions;

6) unemployment benefits:

(a) in matters relating to the basic security system for unemployment insurance, the Social Insurance Institution;

(b) unemployment insurance in the unemployment fund;

(7) in the case of early retirement benefits, the occupational pension institution in accordance with the working pension entitlement;

(8) as regards family benefits, the Social Insurance Institution;

9) In the case of non-contributory cash benefits, the Social Insurance Institution.

§ 5
Competent bodies and bodies with regard to the applicable legislation

The competent authority designated by the competent authority referred to in Article 1 (q) (iii) of the basic Regulation shall:

(1) For the purposes of the application of the basic Regulation and of the implementing Regulation, where applicable, the provisions of the basic Regulation and of the implementing Regulation in the situations referred to in Article 2 of Regulation (ec) (2) (3);

(2) For the purposes of the application of the basic Regulation and the implementing Regulation, the Social Insurance Institution, in so far as it does not fall within the competence of the Pension Security Centre.

The Pension Security Centre and the Social Insurance Institute shall be the bodies designated by the competent authority as referred to in Article 16 of the basic Regulation in respect of the application of derogations to the applicable legislation in the situations referred to in paragraph 1. At the request of the person or his employer, the application of the applicable legislation shall be transferred to the Ministry of Social Affairs and Health as the competent authority.

ARTICLE 6
Competent bodies in certain situations related to a job search

For the purposes of applying Article 55 (4) of the implementing Regulation and Article 64 (1) of the basic Regulation, the competent authority designated by the competent authority referred to in Article 1 (q) (iii) of the basic Regulation shall: Point (a) of paragraph 1.

The employment and business offices in Finland referred to in the basic Regulation and the Implementing Regulation are employed in Finland.

§ 6a (11.11.2011/1137)
Competent institution in certain cases relating to the reimbursement of unemployment benefits

For the purposes of Article 65 (6) and (7) of the basic Regulation and Article 70 of the implementing Regulation, the competent authority designated by the competent authority referred to in Article 1 (q) (iii) of the basic Regulation shall: Provisions on unemployment insurance in matters relating to the system of earnings.

§ 7
Institutions of the place of residence and stay

The institutions of the place of residence and residence referred to in Article 1 (r) of the basic Regulation in Finland are by social security number:

(1) sickness benefits, maternity benefits and equivalent paternity benefits:

(a) in the case of benefits in kind, the public health and hospital service unit and the Social Insurance Institution in so far as it relates to medical benefits under the Health Insurance Act, the organisation or replacement of the Social Insurance Institution; Rehabilitation and reimbursement of sickness and maternity benefits granted under the basic Regulation;

(b) in the case of cash benefits, the Social Insurance Institution;

(2) invalidity benefits:

(a) in the case of invalidity pensions under the national pension scheme, the Social Insurance Institution;

(b) in the case of invalidity benefits under the occupational pension scheme, the Pension Security Centre and occupational retirement pension institutions;

3) old-age benefits:

(a) in the case of old-age pensions under the national pension scheme, the Social Insurance Institution;

(b) in the case of old-age pensions under the occupational pension scheme, the Pension Security Centre and occupational retirement pension institutions;

4) family pension benefits:

(a) in the case of survivors' pensions under the national pension scheme, the Social Insurance Institution;

(b) in respect of survivors' pensions under the occupational pension scheme, the Pension Security Centre and occupational retirement pension institutions;

(5) in the case of accidents at work and occupational diseases, the Association of Accident Insurance Institutions;

6) unemployment benefits:

(a) in matters relating to the basic security system for unemployment insurance, the Social Insurance Institution;

(b) unemployment insurance in the unemployment fund concerned;

(7) for family benefits, the Social Insurance Institution;

8) In the case of non-contributory cash benefits, the Social Insurance Institution.

§ 8
Contact bodies

The liaison body referred to in Article 1 (2) (b) of the implementing Regulation in Finland shall:

1) Social Insurance Institution for sickness and maternity benefits and equivalent paternity benefits, benefits under the national pension scheme, family benefits and unemployment benefits, the applicable legislation and the implementing regulation , and in accordance with the provisions relating to the reimbursement of the costs of Title IV of the implementing Regulation, as regards the tasks defined by the liaison body;

(2) According to the provisions relating to the applicable legislation applicable to the occupational pension scheme and the basic Regulation and the Implementing Regulation, the Pension Security Centre, in the situations within its competence;

(3) The Association of Accident Insurance Institutions in matters relating to accidents at work and occupational diseases, and the provisions on reimbursement of the costs of Title IV of the Implementing Regulation as regards the tasks defined by the liaison body.

§ 9
Contact institution for the processing of pension applications

The liaison office in Finland, as referred to in Article 47 of the implementing Regulation, is the Pension Security Centre.

ARTICLE 10
Recovery recovery

In the case of a request for recovery from the institution of another Member State, the designated institution referred to in Article 75 (2) of the implementing Regulation is the Pension Security Centre in Finland.

The amount of the pension paid by the authority or body referred to in this Act, or by the authority granting the income support from the other Member State, shall be provided by the Pension Security Centre.

Chapter 3

Tasks and obligations

ARTICLE 11
Issue of certificates and other documents

The Pension Security Centre shall:

(1) the applicable legislation in the field of competence under Article 19 (2) of the implementing Regulation;

2) the summary of pension decisions referred to in Article 48 (1) of the implementing Regulation.

The Social Insurance Institution shall:

(1) the applicable legislation in accordance with Article 19 (2) of the implementing Regulation, unless the issuing of the certificate falls within the competence of the Pension Security Centre;

2) a certificate of entitlement to unemployment benefits under Article 55 (1) of the implementing Regulation as regards the basic security system for unemployment insurance;

(3) the periods of insurance and employment in accordance with Article 54 (1) of the implementing Regulation.

(30.12.2013/1205)

The relevant unemployment fund shall provide:

1) a certificate of entitlement to unemployment benefits under Article 55 (1) of the implementing Regulation in respect of an unemployment insurance scheme;

(2) the periods of insurance and employment in accordance with Article 54 (1) of the implementing Regulation.

The accident insurance institution concerned shall issue a certificate of entitlement to benefits in respect of accidents at work and occupational diseases in accordance with Article 33 of the implementing Regulation.

The Business and Economic Affairs Office shall:

(1) registration as a job seeker under Article 55 (4) (1) of the implementing Regulation;

(2) elements of a certificate in accordance with Article 55 (4) (2) of the implementing Regulation which may affect entitlement to benefits;

3) the monitoring of the situation of the unemployed person under Article 55 (4) (3) of the implementing Regulation, the validity of a job search and compliance with the control procedures.

ARTICLE 12
Information to be provided for the payment of fees

At the request of the tax administration, the Social Insurance Institution shall determine whether the person is insured under the sickness insurance law in Finland or whether Finland is responsible for the costs of medical care in accordance with the basic Regulation.

ARTICLES 13 TO 14

Articles 13 to 14 have been repealed by L 30.12.2013/1205 .

Chapter 4

Electronic exchange of information and contact point

§ 15
Contact point

The contact point referred to in Article 1 (2) of the implementing Regulation in Finland is located in the National Pensions Office.

ARTICLE 16
Use of contact point

The authorities, institutions and bodies concerned by this law shall use the electronic exchange of contact points in accordance with the provisions of Article 4 of the implementing Regulation.

§ 17
Tasks and responsibilities of the Social Insurance Institution as a contact point

The Social Insurance Institution shall maintain the necessary technical capacity for the operation of the contact point and ensure that the information security level of the information exchange is adequate and that the information system of the contact point shall be managed by the authorities, institutions and bodies referred to in this law; On behalf of the bodies. The Social Insurance Institution may also provide services related to the information system to the aforementioned authorities, institutions and bodies.

The Social Insurance Institute shall be responsible for the overall operation and legality of the contact point and shall be responsible for the availability, integrity, integrity, protection, preservation and disposal of the information contained in the information system.

The Social Insurance Institution shall organise the emergency services necessary for the operation of the contact point in the event of malfunctioning and exceptional circumstances.

The Social Insurance Institution collects the log data for the purposes of monitoring the use of data in the information system.

The Social Insurance Institution shall ensure the sharing of the costs referred to in Article 25 for the statistical purposes of the electronic documents processed and transmitted through it.

ARTICLE 18
Tasks and responsibilities of controllers

Each authority, institution and body shall be the controller of its own information system in the information system of the contact point and shall be responsible for the electronic documents transmitted or made available to it through the contact point and the contact point. The collection of data for the purposes of monitoring the use of data.

§ 19
Access rights to the contact point information system service

The National Insurance Institution shall, without delay, issue electronic documents to the authority, institution or body concerned.

Public authorities, institutions and bodies shall have the right to access to the information system the electronic documents necessary for the application of the basic Regulation and the implementing Regulation.

The National Pensions Office shall have the right to open a single electronic document if it is necessary to clarify the competent institution or liaison office or to provide the service referred to in Article 17 (1). The National Pensions Office shall also have the right to open an electronic document if the document has not been processed or there is another specific reason to open it.

The Association of Accident Insurance Institutions and the Pension Security Centre shall have the right to open an electronic document relating to their competence if it is necessary to establish a competent accident insurance institution or an occupational pension institution.

§ 20
Right of access to information

The person shall have the right to verify what information about him and the electronic documents referred to in this law have been stored. The implementation of this right is governed by the (523/1999) - Articles 26 to 28 .

ARTICLE 21
Processing and storage of personal data

For the purposes of the operation of the contact point, the National Pensions Office shall have the right to process information in the information system in accordance with the purpose of the information system.

The issue of the retention of documents is valid, as is the case in the archives (181/1994) Or any other law.

§ 22
Information on the population information system

For the purposes of the operation of the contact point, the National Pensions Office shall have the right to have access to confidentiality rules and other access restrictions, without prejudice to the law on the system of demography and the census Paragraph 13 (661/2009) And any additions, alterations and corrections, with the exception of the information referred to in points 11, 15 and 17 to 20 of Article 1 (1) and the other contact information referred to in paragraph 22 and the profession. The Social Insurance Institution also has the right to receive the information referred to in Article 17 (1) (1) and (3) of that Law and the additions, amendments and corrections.

The National Pensions Office shall be entitled to receive the information referred to in paragraph 1 free of charge. However, where the information is required in a prescribed format and it entails additional costs for the data donor, the costs shall be reimbursed.

Chapter 5

Management of electronic data exchange and cost-sharing

ARTICLE 23
Working Party

For the purposes of developing, managing and distributing electronic data exchange, the Ministry of Social Affairs and Health will set up a six-member cooperation group for three years, represented by the Ministry of Social Affairs and Health, Ministry of Industry, Social Insurance, Pension Protection Centre, Association of Accident Insurance Institutions and Coalition for Unemployment Funds. In addition to the members, the Ministry of Social Affairs and Health may impose a maximum of two experts on the proposal of the operators represented in it. The cooperation group shall have adequate expertise in the field of social security, national social security legislation and information systems in the European Union.

The Working Party shall elect a Chairperson from among its members. The Working Party shall meet at least twice a year and shall always be convened by the one represented.

§ 24
Tasks of the Working Group

The Working Party shall monitor the functioning of the electronic exchange of information, assess the needs for change and development and, by the end of September each year, adopt a single annual plan for the development of the contact point and its cost estimates. Of the European Union.

The Joint Working Group shall establish annually the annual balance of the electronic exchange of information, the general management of the contact point and the services used, and the total costs incurred.

The Joint Working Party shall submit to the Ministry of Social Affairs and Health by the end of April each year a proposal for the cost of each operator as provided for in Article 25.

ARTICLE 25
Cost allocation

The common use and management costs of the contact point shall be shared annually between the participants in the exchange of information on the basis of the exchange of information and the number of services used, on the basis of the previous year 's Total costs and annuities.

The development and maintenance costs, as well as the cost of the modifications, shall be divided between operators on the basis of the workload involved. The shared costs shall be allocated in proportion to the costs of use and management. The costs of any change in a single operator shall be borne by the operator concerned.

The costs of construction of the contact point shall be divided between operators on the basis of the workload of each operator and the cost of sharing the estimated costs and management costs.

The annual balance sheets referred to in Article 24 and the cost component of each operator shall be determined by the Ministry of Social Affairs and Health.

§ 26
Execution of costs

Each operator shall make its annual cost contribution to the National Pensions Office by the end of June.

Chapter 6

Administrative provisions

ARTICLES 27 TO 28

Articles 27 to 28 have been repealed by L 30.12.2013/1205 .

§ 29
Entry into force

This Act shall enter into force on 19 May 2010. However, the provisions of Char 2 and 3 shall apply from 1 May 2010.

THEY 34/2010 , StVM 8/2010, EV 68/2010

Entry into force and application of amending acts:

11.11.2011/1137:

This Act shall enter into force on 1 December 2011.

Before the entry into force of the law, measures may be taken to bring the law into force.

THEY 43/2011 , StVM 5/2011, EV 25/2011

30.12.2013/1-05:

This Act shall enter into force on 1 January 2014.

THEY 103/2013 , StVM 23/2013, EV 171/2013, Directive 2011 /24/EU of the European Parliament and of the Council on the application of patients' rights in cross-border healthcare, OJ L 88, 4.4.2011, p. 45