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Entry Into Force Of The Convention Between The Italian Republic And Larepubblica Of Slovenia On Social Security, Signed Alubiana July 7, 1997.

Original Language Title: Entrata in vigore della Convenzione tra la Repubblica italiana e laRepubblica di Slovenia in materia di sicurezza sociale, firmata aLubiana il 7 luglio 1997.

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The day May 20, 2002 took place the exchange of instruments of ratification for the entry into force of the Convention between the Italian Republic and the Republic of Slovenia on social security, signed in Ljubljana on 7 July 1997 and whose ratification 'it was authorized by law 27 May 1999 n. 99, published in the Official Gazette no. 147 of 25 June 1999. In compliance 'art. 46, the Convention enters into force on August 1, 2002. On the same date, in accordance 'with Article. 34, also enters into force the Administrative Agreement for the Application of the Convention between the Italian Republic and the Republic of Slovenia in the field of social security, with annex, signed at Ljubljana on 11 September 2001. He transcribes below the text of ' administrative arrangement: aDMINISTRATIVE aRRANGEMENT FOR THE APPLICATION OF THE CONVENTION BETWEEN THE ITALIAN REPUBLIC AND THE REPUBLIC OF SLOVENIA IN SOCIAL SECURITY MATTERS. Under Article. 35 of the Convention between the Italian Republic and the Republic of Slovenia on social security of 7 July 1997, the authorities' competent, that 'for the Italian Republic the Ministry of Labour and Social Welfare and the Ministry of Health', for the Republic of Slovenia, Ministry of Labour, family and social Affairs and the Ministry of Health ', have agreed, as follows, for the purposes of the Convention; Title I GENERAL PROVISIONS Art. 1. Definitions For the purposes of this Administrative Arrangement: a) "Convention" term means the Convention between the Italian Republic and the Republic of Slovenia on social security; b) the term "Agreement" means this Administrative Agreement; c) the terms defined in art. 1 of the Convention have the same meaning assigned to them in that article. Art. 2. Competent institutions The competent institutions for the implementation of the Convention and the Agreement are: A) To Italy; 1) the National Institute of Social Security with regard to the general compulsory insurance for invalidity ', old age and survivors for employed persons and their special funds for the self-employed; special insurance schemes for invalidity ', Old Age and Survivors of special categories of employees, which replace, general insurance and are managed by the National Social Security Institute; unemployment, family benefits and economic sickness benefits, including tuberculosis, and maternity '; 2) the National Institute for insurance against accidents at work and occupational diseases, as regards insurance against accidents at work and occupational diseases, to the exclusion of health services; 3) the Units 'local competent health for the area or, for certain categories of workers, the Ministry of Health', with regard to benefits in kind provided for other than illness, including tuberculosis, and maternity 'as well as' for as for health benefits for accidents at work and occupational diseases; for providing benefit units' local health avail themselves of principals directly managed by them, in the mandatory Convention hospitals (University ', the health institutes in scientific, religious hospitals classified) as well as' the other facilities; recognized under Italian law; 4) other bodies which manage one of the arrangements referred to in Article. 2, paragraph 1, letter f) of the Convention, and that means': the National Insurance Institute for executives of industrial firms; the National Welfare Institute for Italian Journalists "Giovanni Amendola"; the National Welfare Organization and assistance for workers in the entertainment; B) Slovenia: 1) the Institute for pension insurance and disability 'of Slovenia, with regard to pension insurance and disability'; 2) The Institute for Health Insurance of Slovenia, with regard to health insurance; 3) the Ministry of Labour, Family and Social Affairs, with regard to family benefits and the protection of motherhood '; 4) the placement Republican Institute, as regards the insurance in the event of unemployment. Art. 3. Liaison bodies
The authorities' competent of the two Contracting States have designated as liaison bodies between the competent institutions of each state: A) For Italy: the National Institute of Social Security, headquarters; the National Institute for insurance against accidents at work and occupational diseases, central management; the Ministry of Health '; B) Slovenia: the Institute for pension insurance and disability 'of Slovenia; the Institute for Health Insurance of Slovenia; the Ministry of Labour, Family and Social Affairs ;. the Republican Institute placement. Title II PROVISIONS ON THE APPLICABLE LEGISLATION Art. 4. Workers posted 1. In accordance with Article posted worker. 6, first paragraph a) and b) of the Convention, it will receive a certificate to the effect date up to which he shall remain subject to the law of the State where the undertaking is established. The certificate is issued: a) by the National Institute of Social Welfare in Italy; b) in Slovenia by the Institute for health insurance in Slovenia. 2. In the cases referred. 6, first paragraph, letter a), last sentence; of the Convention, if the duration of the work extends beyond the thirty-six months originally planned, the employer, at the request and with the consent of the worker, directs, before the expiry of this term, the Authority 'competent authority of the State of temporary use , through the Authority 'competent authority of the State where the undertaking is established, an application for extension of the posting, made on a form provided for expressly. If you must give approval to the extension, the Authority 'of the State of temporary use sends 2 copies of the form to the employer and 2 copies to the Authority' of the other State, which shall inform the institution to which the worker and ' writing. 3. In the cases referred. 6, first paragraph, letter b), last sentence, of the Convention, if the duration of the work lasts longer than twenty-four months initially envisaged, the worker, before the expiry of this term, directs the Authority 'competent authority of the State where he activities' temporary, through Authority 'competent authority of the State in which habitually carries out his activities', an application for extension of subjection to the legislation of that State, made out on a form provided for expressly. If you must give approval to the extension, the Authority 'of the State where the activity is carried out' temporarily transmits two copies of the form to the employee and 2 copies to the Authority 'of the other State, which shall inform the institution to which the employee and 'writing. 4. Applications referred to in paragraphs 2 and 3 must be sent: a) in the Italian Ministry of Labour and Social Security - Directorate General of social security funds - Division II - Rome; b) in Slovenia at the Ministry of Labour, Family and Social Affairs. Art. 5. Right of option 1. To exercise the right 'choice provided for by art. 7 of the Convention, the applicant must file a request within three months from the start of the 'work or the entry into force of the Convention, the competent institution of the sending State and, for information, to the corresponding institution of the State which it carries on business' work. In the absence of option within the prescribed period, the applicable legislation of that State. The option shall take effect from the date of start of the 'working. 2. The application referred to in the preceding subparagraph shall be submitted by the person concerned through the diplomatic or consular mission. Art. 6. Voluntary insurance 1. In order to invoke the provisions of art. 10, paragraph 1 of the Convention, the person concerned and 'required to submit to the institution of the Contracting State which seeks authorization to voluntary insurance continuation, a certified statement relating to the insurance periods completed under the legislation of the other State contractor. 2. If he does not submit the certificate, that institution requires the competent institution of the other Contracting State. Title III SPECIAL PROVISIONS Chapter I disease, including tuberculosis, and maternity 'Art. 7. Certificate for the benefits in kind
1. For the application of Article. 12 of the Convention, the worker must submit to the institution of the place of residence or stay a certificate issued by the competent State, stating the right to benefits and their maximum duration. 2. If he does not submit the certified statement, the institution of the place of residence or stay so requests, the competent institution of the other Contracting State. 3. The employee must immediately inform the institution of the place of residence or temporary residence of any change; relating to his work or to his family situation, which might alter entitlement to benefits. Art. 8. Urgent Benefits in kind 1. In accordance with Articles 13, first paragraph, letter a), 17 and 24 of the Convention, are considered urgent that performance that can not be postponed without being seriously jeopardized the lives or the 'integrity' psycho-physical person. 2. In order to receive benefits in kind, in accordance with art. 13, first paragraph, letter a) of the Convention, the worker and the other persons mentioned in the third paragraph of that article, on a temporary stay in the Contracting State other than the competent State, are required to submit to the institution of the place of temporary stay a certificate stating that their right to those benefits by virtue 'of the competent State. The certificate indicates how long these benefits may be paid, and in any case for a period not exceeding three months. 3. If he does not submit the said certified statement the institution of the place of temporary stay shall contact the competent institution to obtain it. 4. In the event of hospitalization, the institution of the place of stay shall notify within five days from the competent institution, stating the date of the same hospitalization and probable duration of hospitalization as well ', at the end of the latter, the date of discharge from hospital. Art. 9. Transfer to cures for health treatment in art. 13, first paragraph, letter b) of the Convention, the worker and the other persons mentioned in the third paragraph of that article, following the mode 'provided by the individual national legal systems, must submit to the institution of the State in which they go a certificate of 'competent institution to authorize the provision of such care. This certificate also indicates the maximum duration for which benefits in kind may be provided. Art. 10. Cross-border commuters Workers in art. 14 of the Convention and their families, under the second paragraph of that article, may also benefit from the following services: specialist visits; diagnostic imaging and laboratory tests. Art. 11. Holders of pension 1. In order to receive benefits in kind under Article. 15, second paragraph of the Convention, the holder of a pension or annuity and 'must register, so' as his family, with the institution of the State of residence by submitting a certificate of the right to those benefits for themselves' and his family, by virtue 'of the other Contracting State. 2. The institution of the receiving State of the registration informs the institution which has issued the certificate referred to in the preceding paragraph. Art. 12. Family members resident in the other State 1. For the application of Article. 16 of the Convention, the competent institution, at the request of the worker transmits the corresponding institution of the State of residence of his family with a certificate showing the names of the beneficiaries and the period of validity '. 2. The institutions of the two Contracting States should share changes and resulting in the change of entitlement to benefits. Art. 13. Authorizations of prosthesis, etc. 1. For the supply, repair and renewal of prostheses, major appliances and other substantial benefits in kind of major importance, the list of which is annexed, pursuant to art. 17 of the Convention, the institution of the State of residence or stay of the benefits in kind beneficiary, verified the right to the same benefits, first obtain authorization from the institution of the competent State. Performance is still permitted if within sixty days from the date of the notice is not received a negative opinion from the competent institution.
2. In a case in which the services are to be provided with extreme urgency, the institution of the State of residence or stay that competent authority and shall immediately inform the competent institution. Art. 14. competent bodies to issue certificates The certificates referred to in the preceding articles shall be issued: a) in Italy by the united 'local competent health for the territory, or by the Ministry of Health' with regard to certain categories of workers to be communicated by Ministry predicted the Slovenian competent institution; b) in Slovenia by the units' relevant regional institute for health insurance in Slovenia. Art. 15. Refunds 1. Deferred expenses for paid medical services, in accordance with art. 18 of the Convention, the institution of the State of residence or stay for person entitled, the competent institution, shall be reimbursed by the latter to the actual amount, as shown in the accounting 'of the institution which has taken steps to anticipate them . 2. The costs referred to in the first paragraph shall be notified in the months of June and December of each year and give rise to reimbursements, as a rule entrododici months and no later than a year following its notification. In case of difficulty 'of accounting evidence, within the same period, the competent institution corresponds to the other institution an advance equal to 80% of reported amounts. The balance will be paid as much 'as soon as possible, as soon as it made the accounting practices. 3. The authorities 'competent authorities may agree on other modalities' money back, if the necessary conditions that justify recourse. 4. The administrative procedures concerning reimbursements referred to above are free. Chapter II Invalidity ', Old Age and Survivors Art. 16. Mode' totalization For the purposes of art. 19, first paragraph, letter a) of the Convention, the aggregation of insurance periods shall be effected according to the following mode ': a) to insurance periods completed under the legislation of a Contracting State shall be added insurance periods completed under the the other Contracting State, even if these periods have already 'giving rise to the grant of a pension under its legislation; b) the purposes of aggregation, in the event of overlapping of insurance periods completed in both Contracting States, the overlapping periods are taken into account only once. Each institution shall take into consideration only the overlapping periods completed under the legislation which it administers, excluding those completed under the legislation of the other Contracting State; c) if it is not possible to determine exactly the time in which certain periods of insurance having been made by virtue 'of the law of a Contracting State, it is presumed that these periods do not overlap with insurance periods completed by virtue' of the legislation ' other Contracting State; account is taken of such periods to the extent that the law allows. Art. 17. Forms and other procedures for the sum 1. Workers and their survivors are entitled to receive benefits, in accordance with art. 19 of the Convention, must submit an application to the competent institution of either Contracting State, as provided by the institution where the application is filed. 2. The date of submission of an application with the competent institution of a Contracting State, in accordance 'with the previous paragraph, and' regarded as the date of the claim to the institution of the other Contracting State. 3. The competent institutions are obliged to mutually communicate data on claims for benefits, including the date of presentation, using agreed bilingual forms. The competent institution confirming the authenticity 'of the data contained in those forms, which do not require the submission of original documents. 4. The competent institution, together with the form referred to in the preceding paragraph, send the institution of the other Contracting State is also a bilingual liaison agreed form, which contains the data relating to the insurance periods completed under the legislation it applies, and where appropriate also the data on insurance periods completed in third States with which both Contracting States have signed social security agreements.
The institution receiving the forms in turn sends the competent institution of the other Contracting State the connection form with the data on their periods of insurance. 5. At the end of the procedures, the relevant institutions shall inform each other of their decisions. Chapter III Art Accidents at work and occupational diseases. 18. Benefits in kind for the purposes of Article. 23 of the Convention, the provisions of art. 7 of this Agreement. Art. 19. Authorization of prosthesis, etc. For the purposes of Article. 24 of the Convention, the provisions of art. 13 of this Agreement. Art. 20. 1. Cash benefits Cash benefits resulting from industrial accident or occupational disease, referred to in Chapter III of the Convention, they are paid to workers and survivors entitled directly by the institution of the competent State. 2. For the payment of cash benefits other than pensions, the institution of the place of stay or residence, after ascertaining the inability 'to work, immediately inform the competent institution of the expected duration of disability'. 3. In the event of prolonged incapacity 'to work, the establishment of the State of residence or stay shall immediately inform the competent institution of predictable extension of disability'. Art. 21. Occupational diseases 1. In the cases referred. 25, first paragraph of the Convention, the worker can 'apply for benefits is the institution of the State where last and' been exposed to specific risks, both to the institution of the other Contracting State. 2. The institution which receives the application referred to in the preceding paragraph if it finds that the worker has, most recently, in the territory of the other Contracting State any work that is specific risk, promptly transmit to the institution of the other Contracting State that application, together with documents justifying it, infamandone the worker. 3. The institution receiving the request referred to in paragraph 2, if taking into account only those periods of activity 'morbigena carried out on its territory, it finds that have not met the conditions of the legislation it applies: a) promptly forwards all 'institution of the State demand and accompanying documents, including reports and medical examinations, as well as' copy of the rejection decision; b) notify its decision to the employee, stating the reasons for the rejection, the means and terms of the application and the date on which the claim to the institution of the other Contracting State. Art. 22. Aggravation occupational diseases In the event of aggravation of an occupational disease, according to art. 25, second paragraph of the Convention, the worker and 'must provide the institution of the Contracting State of which calls for further performance any information relating to occupational disease already' indemnified. Art. 23. Rating accidents 1. For the purposes of art. 26 of the Convention, the worker and 'must provide the institution of the state in which you and' verified the latest injury any information relating to accidents at work sustained previously, under the legislation of the other Contracting State, whatever the degree of disability 'THEREBY CAUSED. 2. The competent institution shall, in respect of past accident events, and 'required to provide to the other institution, at its request, the information and documentation in its possession. Art. 24. Investigations doctors Establishing the State of residence or stay of the worker, who has arranged for medical investigations under Article. 28 of the Convention, the competent institution shall forward the reports containing the elements necessary to clarify, the anatomical and functional conditions of the worker, with particular reference to the organs and systems involved accident or occupational disease, without indicating the degree of incapacitate 'work . Art. 25. Refunds
1. The charges for the benefits granted pursuant to Art. 23 of the Convention, as well as' those for medical examinations and appraisals of art. 28 of the Convention, supported by the institution of the new place of residence or stay of the worker, the competent institution, shall be reimbursed by the latter to the actual amount, as shown in the accounting 'institution that has done so. 2. The administrative burden on refunds referred to in the previous paragraph are free. Unemployment Chapter IV Art. 26. Procedures 1. To qualify for unemployment benefits under Article. 31, first paragraph of the Convention, the person concerned and 'submit to the institution competent, as well as the data required by the legislation which it administers, even a certified statement of the insurance periods completed previously as an employed person under the legislation are indicated the other Contracting State, issued by the competent institution in respect of unemployment, the latter State. 2. To qualify for unemployment benefits under Article. 31, fourth paragraph of the Convention, the person concerned and 'submit to the institution of the Contracting State in which he goes to look for work, a certified statement in which the competent institution of the country of origin certifies: the maintenance of entitlement to benefits ; the amount of benefit to be paid; the maximum period of legal retention; the facts which may affect your entitlement to benefits. 3. If that person is able to produce the certificate in question will be 'care institution of the Contracting State in which it is, and' went to look for work, request it from the competent institution of the other State. 4. The institution of the State in which the unemployed and 'gone shall control, as if it were an unemployed person entitled to benefits under the legislation which it administers. 5. The amount of benefits provided pursuant to art. 31, fourth paragraph of the Convention and 'refunded by the competent institution which anticipated the said benefits as shown in the accounting' of that institution. Chapter V Family benefits Art. 27. Family members resident in the other State for family benefits pursuant to Art. 33 of the Convention, the worker and 'submit to the institution competent demand, accompanied by a certificate on the family residing in the other Contracting State. The certificate must be renewed annually, and the worker 'must inform the competent institution of any change in his family circumstances which might affect their entitlement to benefits. Art. 28. overlapping procedures 1. For the purpose of the suspension of family benefits by virtue 'of the provisions of art. 34 of the Convention, the competent institution of the Contracting State in which the family reside and where an activity is performed 'work that' entitlement to family benefits, provide the competent institution of the other Contracting State all necessary information. 2. For activities' means the work performed by the employee or his family. Title IV MISCELLANEOUS PROVISIONS, TRANSITIONAL AND FINAL PROVISIONS Art. 29. Collaboration 1. For the purposes of the second paragraph of art. 37 of the Convention, the competent institution requiring the necessary medical reports to the institution of the place of stay or of residence. 2. The costs, if they are only required for the granting of disability 'performance at the expense of the Contracting State other than that in which the person resides or stays, are reimbursed by this institution to the institution that has made . If such medical examinations are also carried out in the interest of the institution of the place of stay or residence, this will only transmit to the institution of the other Contracting State a report on the findings, without asking for any refund. 4. The reimbursement of medical expenses under paragraph 2 and 'calculated according to the tariffs charged by the institution that carried out the medical findings. This institution has for this purpose a breakdown of expenditure incurred. Art. 30.
exchange rate For the purposes of art. 43, first paragraph of the Convention, the year to which it refers, the average official exchange rate and 'that of the notification of the account. The exchange rates used are: for Italy data published by the Italian exchange rates; Slovenia those published by the Bank of Slovenia. Art. 31. Documentation The forms, certificates, statements, certifications and other acts necessary for the application of the Convention are determined by mutual agreement between the Authorities' competent of the two Contracting States, or of their delegates, by the competent institutions. Art. 32. Direct payments to beneficiaries 1. The debtors organisms in performance, in favor of beneficiaries residing in the other Contracting State, if they release validly in the currency of your country, at the exchange rate in effect on the payment date. 2. Benefits are paid to those entitled without any deduction for postal or bank charges. Art. 33. Ex Zone B For the purposes of art. 45, third paragraph of the Convention, the competent institutions of each Contracting State shall use the necessary data, supplied by the competent institutions of the other State. Art. 34. Entry into force This Agreement shall enter 'into force simultaneously with the Convention. IN WITNESS WHEREOF the undersigned representatives, duly authorized by their respective Governments, have signed this Agreement. Done in Ljubljana, on 11 September 2001, in duplicate, in the Italian and Slovene languages, both texts being equally authentic.