For The Government Of The Republic Of Latvia And The Government Of The Republic Of Lithuania On The Former Ussr Periods Of Insurance Accumulated Debits

Original Language Title: Par Latvijas Republikas valdības un Lietuvas Republikas valdības līgumu par bijušajā PSRS uzkrāto apdrošināšanas periodu ieskaitīšanu

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/21.7


The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia and the Government of the Republic of Lithuania on the former USSR's accumulated insurance periods article 1 submission. 2012 Vilnius signed may 16 by the Government of the Republic of Latvia and the Government of the Republic of Lithuania on the former USSR the accumulated period of insurance transfer (hereinafter contract) with this law is adopted and approved.
2. article. Article 1 the agreement in the first part of the definition used in "areas that remained in the jurisdiction of the former USSR" refers to the Republic of 15 areas that until 1 January 1991 was included in the Union of Soviet Socialist Republics.
3. article. Contractual obligations is coordinated by the Ministry of welfare.
4. article. The agreement shall enter into force within the time laid down in article 8 and in order, and the Ministry of Foreign Affairs shall notify the official Edition of the "journal".
5. article. The law shall enter into force on the day following its promulgation. To put the contract in law Latvian and English.
6. article. With the entry into force of the agreement is terminated, the law "On Government of the Republic of Latvia and the Government of the Republic of Lithuania agreement on cooperation in the field of social security" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1995, no. 1). The Parliament adopted the law of 10 January 2013. The President a. Smith in 2013 on 30 January of the Government of the Republic of LATVIA and the GOVERNMENT of the Republic of Lithuania on the former USSR accumulated TRANSFER of insurance periods by the Government of the Republic of Latvia and the Government of the Republic of Lithuania, hereinafter referred to as "the Contracting Parties",-whereas the Republic of Latvia and the Republic of Lithuania regulating the pension insurance legislation is obliged to take account of the former Union of Soviet Socialist Republics (hereinafter referred to as the "former USSR") in the territory of the accumulated periods giving entitlement to a pension; -Whereas, since accession to the European Union on 1 May 2004 the Republic of Latvia, the Republic of Lithuania and the Council of 14 June 1971, Regulation (EEC) No 1408/71 on the application of social security schemes to workers, the self-employed and members of their families moving within the community; -Whereas, since accession to the European Union on 1 May 2004 the Republic of Latvia and Republic of Lithuania Council of 21 March 1972, Regulation (EEC) No 574/72 laying down the provisions of Regulation (EEC) No 1408/71 on the application of social security schemes to workers, the self-employed and members of their families moving within the community, the implementation modalities; -Whereas, since accession to the European Union on 1 May 2004 the Republic of Latvia and Republic of Lithuania Council of 14 May 2003 Regulation (EC) No 859/2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of nationality; -subject to the European Parliament and of the Council of 29 April 2004, Regulation (EC) No 883/2004 on the coordination of social security systems; -in order to avoid overlapping of pensions when granting pensions to take into account the same period, according to the Republic of Latvia and Republic of Lithuania laws, have agreed on the following.
Article 1 terms 1. For the purposes of this agreement: 1) "insurance periods of the former USSR" – the period giving entitlement to a pension and accrued prior to 1 January 1991, the territories that remained in the jurisdiction of the former USSR, which at the same time take into account the Republic of Latvia and Republic of Lithuania laws; insurance periods of the former USSR does not include the period of insurance, which accumulated in the Republic of Latvia and in the territory of the Republic of Lithuania; 2) "periods that will be treated as insurance periods of the former USSR" – periods of insurance accumulated before January 1, 1991 and is considered according to the Republic of Latvia and Republic of Lithuania laws, obtained the Contracting Parties the company branch that carries out activities in the territory of the other Contracting Party, compulsory military service periods of the former USSR army and working periods of the former USSR military units, regardless of the country of the former USSR territory in which the compulsory military service was made or who was in the military unit; 3) "the total periods of insurance" means periods of insurance accumulated in the Republic of Latvia and in the territory of the Republic of Lithuania; 4) "competent institution": institution of the Contracting Party which granted and paid State social insurance pensions, in accordance with the preamble of the European Union referred to in the regulations. 2. Other terms used in this agreement have the meaning they have established the Republic of Latvia and the laws of the Republic of Lithuania and the European Union referred to in the preamble to the regulation.
Article 2 persons to whom the agreement applies this Agreement shall apply to persons who, at the got or will get pension rights according to the Republic of Latvia and Republic of Lithuania laws, and, where the Contracting Party of the calculation of the pension of the person, take into account the same insurance periods of the former USSR, as well as to that person's family members whose pension rights deriving from the abovementioned persons.
Article 3 insurance periods of the former USSR charged 1. insurance periods of the former USSR shall take account of the Contracting Party, the competent authority, in accordance with the laws and regulations of which accumulated a total insurance period in full years is longer. 2. If the total insurance period corresponding to each Contracting Party's laws, insurance periods of the former USSR shall take account of the Contracting Party, the competent authority, in accordance with the laws of which the person was last insured. 3. Periods treated as insurance periods of the former USSR, taking account of the competent institution of the Contracting Party in which he resides at the time of application for pension. If you log on to retirement, the person does not reside in one of the Contracting Parties, referred to in this article, periods of insurance shall take into account, in accordance with paragraph 1 and the conditions of the second subparagraph. 4. Pension insurance for the former USSR periods and periods treated as insurance periods of the former USSR, granted in accordance with the respective laws of the Contracting Party. 5. If the insurance periods of the former USSR or periods treated as insurance periods of the former USSR, is already taken into account, the competent institution which take into account insurance periods of the former USSR or periods treated as insurance periods of the former USSR, does not change when a person is given a new form of pension when the pension is allocated from the new, or when there is a pension adjustment due to the fact that the person demonstrate additional periods of insurance or when a person who is granted a pension, moving from one country to another. 6. Pensions granted before the entry into force of this agreement the date under this agreement will not be reviewed.
Article 4 Exchange of information and mutual assistance 1 Contracting Parties ' competent authorities must ensure mutual assistance and exchange them for the application of this agreement, the necessary information. 2. The competent authorities of the Contracting Parties, by means of the implementation of the agreement, you can determine the necessary measures for the application of this agreement.
Article 5 dispute resolution issues and disputes arising on the interpretation or application of this agreement, are dealt with by mutual agreement or negotiation.
Article 6 of the Republic of Latvia and Republic of Lithuania agreement on cooperation in the field of social disruption 1. with the entry into force of this agreement, the 1993 shall lapse on December 17, signed an agreement between the Government of the Republic of Latvia and the Government of the Republic of Lithuania on cooperation in the field of social security. 2. A Person is saved, all rights acquired under the 1993 17 December signed an agreement between the Government of the Republic of Latvia and the Government of the Republic of Lithuania on cooperation in the field of social security.
Article 7 duration of the contract, amendment and termination 1. Duration of the contract has no limit. Contracting Party may terminate the agreement by written notification through diplomatic channels six months earlier. 2. the Contracting Parties by agreement, the agreement may be amended and supplemented. 3. If the contract is terminated, the person is saved, all in accordance with this agreement acquired rights.
Article 8 entry into force this Agreement shall enter into force on the first day of the month following the month in which the Contracting Parties have exchanged written notifications through diplomatic channels, confirming that they have complied with the legal requirements for entry into force of this Treaty. On Exchange of written communication shall be considered as the last date of receipt of the notification. Drawn up in Vilnius, 2012 May 16, in duplicate in the Latvian, Lithuanian and English languages, all texts being equally authentic. Different interpretations of the event, it is the text in English.

The Government of the Republic of Latvia, the Republic of Lithuania of Gwyneth Viņķel Government of the agreement between Donato Jankausk the Government of the Republic of Latvia and the Government of the Republic of Lithuania on Taking account of insurance periods of the Former USSR the Government of the Republic of Latvia and the Government of the Republic of Lithuania, hereinafter referred to as "the Contracting Parties" -whereas the obligation, to take into account periods qualifying for a pension completed in the territory under the jurisdiction of the former Union of the Socialist Republic of Sov (hereinafter referred to as "the former USSR") has been established by the legislation of the Republic of Latvia and the Republic of Lithuania on pension insurance; -whereas since the accession to the European Union on 1 May 2004 Council Regulation (EEC) 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community applies in the Republic of Latvia and the Republic of Lithuania; -whereas since the accession to the European Union on 1 May 2004 Council Regulation (EEC) No 574/72 Of 21 March 1972 laying down of the procedure for implementing Regulation (EEC) 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community applies in the Republic of Latvia and the Republic of Lithuania; -whereas since the accession to the European Union on 1 May 2004 Council Regulation (EC) 859/2003 of 14 May Of 2003 extending the provision of Regulation (EEC) 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provision is solely on the ground of their nationality applies in the Republic of Latvia and the Republic of Lithuania; -having regard to Regulation (EC) 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems; -in order to avoid the overlapping of pension in cases when the same insurance period is taken into account under the legislation of the Republic of Latvia and the Republic of Lithuania by the award of a pension, have agreed as follows: article 1 Definition 1. For the purpose of this agreement: 1) "insurance periods of the former USSR" – period for a pension qualifying completed before 1 January 1991 in the territories under the jurisdiction of the former USSR concurrently, which is foreseen to be taken into account under the legislation of the Republic of Latvia and the Republic of Lithuania; insurance periods of the former USSR does not include periods of insurance completed in the territory of the Republic of Latvia or the Republic of Lithuania; 2) "period treated as insurance periods of the former USSR" before 1 January 1991, completed and taken into account under the legislation of the Republic of Latvia and the Republic of Lithuania in the work period at the branch of the company of the Contracting Party, which had the place of activity in the territory of the other Contracting Party, the period of compulsory military service and the actual period of military service at the army of the former USSR and the work period at the military unit of the former USSR of irrespectiv where the former USSR compulsory military service was performed or such military unit was situated;
3) "overall insurance period": the period of insurance completed in the territory of the Republic of Latvia or the Republic of Lithuania; 4 "the competent institutions") institution of the Contracting Party awarding and paying State social insurance pension in accordanc with the regulations of the European Union referred to in the preamble of this agreement. 2. Other terms used in this agreement have the meaning assigned to them under the legislation of the Republic of Latvia and the Republic of Lithuania and the regulations of the European Union referred to in the preamble.
Article 2 persons covered by the agreement this Agreement shall apply to persons who have acquired or will the right to pension under acquir the legislation of the Republic of Latvia and the Republic of Lithuania and if calculating their pension the Contracting Parties take into account simultaneously the same insurance periods of the former USSR as well as to the family members of such persons whose rights from the aforementioned persons deriv.
Article 3 Taking account of insurance Periods of the Former USSR of the insurance period 1 of the former USSR shall be taken into account by the competent institution of the Contracting Party to be under whose legislation the overall insurance period in full years is longer. 2. In case the overall insurance period under the legislation of each Contracting Party is equal, insurance periods of the former USSR shall be taken into account by the competent institution of the Contracting Party to be under whose legislation the person was last insured. 3. Period treated as insurance periods of the former USSR shall be taken into account by the competent institution of the Contracting Party to where the person lives when applying for pension. In the case when applying for pension the person lives in the ither of the Contracting Parties that insurance period mentioned in this paragraph shall be taken into account according to the provision of paragraphs 1, 2 of this article. 4. Pension for insurance periods of the former USSR and of the period is treated as insurance periods of the former USSR shall be awarded in accordanc with the legislation of the Contracting Party of the respectiv. 5. If insurance periods of the former USSR or of the period treated as insurance periods of the former USSR have already been taken into account by the competent institution to taking into account insurance periods of the former USSR or of the period treated as insurance periods of the former USSR shall remain unchanged, when later a new type of pension is awarded to a person , when the pension is awarded when a person anew or recalculated, fineness of the existenc of supplementary insurance periods and when a person who has been awarded a pension moves from one State or another. 6. the Pension is awarded before the date of entry into force of this Agreement shall not be revised according to this agreement.
Article 4 Exchange of Information and Mutual assistance 1. the Competent institutions of the Contracting Parties shall provide mutual assistance to each other and share information not cessary for the application of this agreement. 2. the Competent institutions of the Contracting Parties may establish, by means of a written agreement, the measure for the implementation of the cessary not of this agreement.
Article 5 of the Disagreement for settlement and any questions arising in disagreement as to the interpretation or application of the provision of this Agreement shall be resolved by mutual consent or negotiation.
Article 6 Termination of the agreement between the Government of the Republic of Latvia and the Government of the Republic of Lithuania on the Cooperation in the Field of Social Security 1. After the entry into force of this agreement the agreement between the Government of the Republic of Latvia and the Government of the Republic of Lithuania on the Cooperation in the Field of Social Security by don on 17 December 1993, shall cease to be in force. 2. Any right acquired by a person in accordanc with the provision of the agreement between the Government of the Republic of Latvia and the Government of the Republic of Lithuania on Cooperation in the Field of Social Security, done on 17 December 1993, shall be maintained.
Article 7 Duration, Amendments and Termination of the agreement 1. This agreement shall remain in force without any limitations on its duration. The Contracting Party may terminate the agreement by giving written notice of termination through diplomatic channels six months beforehand. 2. This agreement may be amended by mutual agreement and supplement of the Contracting Parties. 3. If the agreement is terminated, any right acquired by a person in accordanc with the provision of this Agreement shall be maintained.
Article 8 Entry into force this Agreement shall enter into force on the first day of the second month following the month in which the Contracting Parties shall have exchanged written notices through the diplomatic channel confirming that their respectiv in the legal requirements for the entry into force of this agreement have been completed. The date of the exchange of the written notices shall be the date of the delivery of the last notice. Done in Vilnius on 16 May 2012 in duplicate in the Latvian, Lithuanian and English languages, each text being equally authentic. In the case of the divergenc of interpretation, the English text shall prevails.
For the Government of the Republic of Latvia for Ilze Viņķel For the Government of the Republic of Lithuania of Jankausk of Donato