For The Republic Of Latvia And The Australian Agreement Social Security

Original Language Title: Par Latvijas Republikas un Austrālijas līgumu sociālās drošības jomā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/244308


The Saeima has adopted and the President promulgated the following laws: For the Republic of Latvia and the Australian social security agreements in article 1. 2011 September 7, Riga, Republic of Latvia, and signed the Treaty of Australia social security (hereinafter contract) with this law is adopted and approved. 2. article. Contractual obligations is coordinated by the Ministry of welfare. 3. article. The agreement shall enter into force for the period specified in article 22 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the date of its promulgation. With the law put for Latvian language in the contract. The Parliament adopted the law in 2012 on February 2.
The President a. Smith in 2012 on February 22, the Republic of Latvia and the Australian Treaty on social security of the Republic of Latvia and Australia (hereinafter referred to as the "parties"), desiring to strengthen the two countries ' existing friendly relations, and desiring to adjust relations between the two countries in social security benefits and the exposure of social security, have agreed as follows: chapter I General provisions article 1 1. Contract terms unless the general context otherwise requires : "benefit" means, in respect of the Republic of Latvia the pension or any other benefit under the legislation specified in article 2, first paragraph, point (b), including any additional amount, increase or bonus paid by the person under the said legislation; for Australia, a pension or any other benefit under the legislation specified in article 2, first paragraph, point (a) (i), including the amount of any additional increases or premium paid by the person under the said legislation; "competent authority" in respect of the Republic of Latvia Ministry of Welfare means; and for Australia, means the Department of Public Welfare Secretary who is responsible for the acts specified in article 2, first paragraph, point (a) (i), except for the application of chapter II of the Treaty (including the application of other chapters of the Treaty, if it affects the application of this chapter), which in this case it means tax authorized or approved an authorized representative; "competent authority" in respect of the Republic of Latvia means the institution responsible for providing benefits in accordance with the legislation of the Republic of Latvia; and for Australia means the institution or agency, whose task is to establish the applicable Australian legislation; "period of insurance", in respect of the Republic of Latvia for the period of contribution means, for entitlement to benefits under the legislation of the Republic of Latvia, while including a period assimilated to periods of insurance; "legislation" means, in respect of the Republic of Latvia, the law laid down in the contract article 2, first paragraph, point (b); for Australia, the law, which is set in article 2, first paragraph, point (a) (i), except for the application of chapter II of the Treaty (including the application of other chapters of the Treaty, if they affect the application of this chapter), which they mean article 2, first paragraph, (a) (ii) the rules referred to in paragraph 1; "Australian working life residence period" means the period specified as such considered under Australian law, but does not include the period during which the person, in accordance with article 11 shall be considered as permanent residents of Australia;
"residence" and "residence" for the Republic of Latvia "means that the territory of the Republic of Latvia is the person's real place of residence, including a person who is a temporary or permanent residence permit to live in the Republic of Latvia. 2. the party applying contract terms that are not defined in the contract, assign the role that they are parties to this law, if one does not follow from the context otherwise. Article 2 legal framework 1. Subject to the second subparagraph, the contract relates to the following legislation: (a) in the case of Australia: (i) the acts that constitute the social security laws, to the extent that the law provides, apply or affect the old-age pension; and (ii) of the Act in relation to old age pensions guarantee (which at the time of signature of the Treaty of 1992 includes old age pensions guarantee (Administration) Act 1992, the old-age pension expenditure in the law of guarantees and guarantee old-age pensions (Administration) Regulations); (b) as regards the Republic of Latvia: (i) the law on State social insurance ", but only to the extent that it applies to pension insurance; (ii) the law "on State pensions", but only to the extent that it relates to old-age pensions, survivors ' pensions, death grants and lump-sum benefits for deceased spouse; (iii) State funded pensions Act, but only to the extent that it refers to the old age pension and survivors ' pension; and (iv) State social benefits law, but only to the extent that it relates to the State social security benefits, old-age and survivors ' pensions. 2. Subject to the fourth and fifth at the same time, the Treaty applies to the rules and regulations which amend, Supplement, consolidate or supersede the rights referred to in the first subparagraph. 3. Notwithstanding the first subparagraph (a) above, the Treaty also applies to women who received an Australian spouse wife pension when the agreement takes effect, and have the person who is receiving an Australian age pension, a wife. 4. Notwithstanding the first paragraph of this article, defined in the legislation referred to in article do not include treaties or other international agreements on social security, which could be concluded with third parties. 5. this agreement does not apply to future legislation adopted to extend a hand to the existing legislation, the new benefit recipient groups, unless both parties agree otherwise. Article 3 persons agreement applies to any person resident in the territories of the parties that: (a) is or has been an Australian resident; or (b) is or has been exposed to those of the Republic of Latvia law, referred to in article 2, first paragraph, point (b); and that this also applies to other persons in connection with the rights which they derive from the above description of the person. Article 4 equal treatment 1. Observance of the Treaty, unless otherwise specified, all persons to whom the agreement applies, the parties be equal treatment in regard to the rights and obligations of persons, as well as determining the requirements for payment of the allowance and the cost of the parties in accordance with the law or the contract. 2. the first paragraph of this article shall not apply to insurance periods in accordance with Latvian law "on State pensions" have accumulated outside the territory of the Republic of Latvia prior to January 1, 1991. Article 5 export of benefits 1. One party benefits paid under the contract payable to persons who are citizens of the other party or reside in the territory of the other party. 2. in the case of Australia in relation to the first part of this article, any additional amount prescribed, increase or supplement paid under this agreement to a person outside Australia only for the period set out in the 1991 social security law provisions. A reference to a 1991 social security law includes any law, duly modified, supplemented or replaced by the said law. 3. in the case of Latvia, regardless of the other provisions of the Treaty, the State social security allowance and bonus at old age pensions paid to a person who is outside the Republic of Latvia only to the extent permitted by the law of the Republic of Latvia. Chapter II provisions concerning the applicable legislation article 6 application of the Chapter the chapter apply if: (a) the employee and/or the employer, apart from this section apply to both parties ' legislation on employee's work or remuneration for work;
(b), an employed or self-employed person from the Republic of Latvia has been sent to Australia to work, and is otherwise appropriate in the Australian legislation, and does not apply the law of the Republic of Latvia; or (c) in the Republic of Latvia, the self-employed person is employed in Australia. Article 7 the diplomatic and consular relations, the Treaty does not affect the 18 April 1961, the Vienna Convention on diplomatic relations or 24 April 1963 Vienna Convention on consular relations the application of the rules. Article 8 applicable law 1. If the employee works in the territory of one of the parties, the employer and employee as regards working and remuneration for work is subject only to the legislation of one party, if one in the second and third subparagraphs otherwise. 2. If the employee:

(a) is subject to the legislation of one party (' first party '); and (b) are sent to work in the territory of the other party (' the other side ') from the employer who is the subject of the first party; and (c) work in the territory of the other party to the employer or with the employer-related business; and (d) in the second half of the territory is less than four years from the time when he was sent to work; and (e) do not work in the other party's territory; the employer and the employee is suitable for first-party legislation on work and remuneration for this work, which paid for the job after its inception within this chapter. 3. If the employee: (a) is subject to the legislation of one party (' first party '); and (b) is the first half of the national regulatory authorities shall send the other party (' the other side '); and (c) work in the territory of the other party is employed in the first half of the national regulatory authority; and (d) do not work in the other party's territory; the employer and the employee is suitable for first-party legislation on work and remuneration for this work, which paid for the job after its inception within this chapter. Under this part, the term "national regulatory authority" means, in relation to Australia includes a political unit or Australian authorities. 4. in the case of the Republic of Latvia, if the self-employed person: (a) is subject to the legislation of the Republic of Latvia; and (b) work in a territory of Australia; and (c) not over a four-year period since the self-employed person has started to work in Australia; and (d) do not work in the territory of Australia, then a self-employed person apply the law of the Republic of Latvia concerning the work done and the compensation for this work, which paid for the job after its inception within this chapter. 5. The company, in the second paragraph of part (c), is associated with the employer company if that company and the employer of the same proprietor or owner-owned company group. Article 9 exceptions to the agreement for the application of this chapter, the competent authorities of the parties to a written agreement: (a) an employee may extend the second subparagraph of article 8 (d) above for a period of four years; or (b) determine that the employee is employed in the territory of the party concerned or working in the field of international transport on board a ship or aircraft in accordance with the legislation of the party concerned and shall be subject only to the legislation of the party. 2. any agreement made in accordance with the first paragraph of this article may relate to: (a) certain categories of employees; and/or (b) a specific job or a certain type of work (including the type of work that at the time of conclusion of the agreement has not yet happened). Chapter III conditions relating to benefits under the legislation of Australia article 10 residence or residence in the Republic of Latvia 1. If the person who, in accordance with the laws of Australia, or on the basis of the contract, comply with the conditions of Australian benefit, except that the person filing the day Australian permanent resident and not in Australia, but: (a) is an Australian permanent resident or resident in the Republic of Latvia; and (b) located in Australia or in the Republic of Latvia, the purpose of this allowance, allowance for requesting an application a day a person shall be considered as permanent residents of Australia and located in Australia, unless he or she has had for some time (s) resident in Australia. 2. the first paragraph of this article, (a) the provisions of paragraph 1 apply only to those persons who are permanently resident in the Republic of Latvia. Article 11 Australian period totaling 1. If a person, to which the Treaty applies, in accordance with the agreement is requested by the Australian and has accumulated: (a) a period as an Australian resident under Australian law is less than the period required for a person to qualify for benefits; and (b) the Australian working life residence period equal to or longer than the period of a person is determined in accordance with the fourth paragraph of this article; and (c) the insurance period under the legislation of the Republic of Latvia, if only to meet the minimum qualifications of the benefit period in accordance with Australian law, period of insurance accumulated under the legislation of the Republic of Latvia, as taken into account for the period in which the person has been a permanent resident of Australia. 2. If the person is the first part of this article: (a) have been Australian permanent resident for a continuous period of less than the minimum continuous period defined in the legislation of Australia, to a person would be entitled to benefits; and (b) has accumulated a period of insurance under the legislation of the Republic of Latvia in two or more separate periods that are generally equal or exceed those parts (a) to apply the minimum period; then the total periods of insurance under the legislation of the Republic of Latvia is to be regarded as one continuous period. 3. in the context of this article, if the period when a person is considered a resident of Australia, overlapped with the period of insurance under the legislation of the Republic of Latvia, then this period Australia only once as an Australian permanent resident. 4. the first paragraph of this article, within the minimum lifetime of Australia's period of residency shall be determined as follows: (a) in the case of benefits payable by an Australian person who is not a resident of Australia, minimum required period is 12 months, of which at least six months must be continuous; and (b) in relation to Australian benefits that are paid to Australian permanent resident, the minimum period is not determined. 5. within the insurance period under the legislation of the Republic of Latvia shall be considered for the Australian working life residence periods only if the insurance period is approved by the competent authorities of the Republic of Latvia. Article 12 calculation of benefits in Australia 1. in accordance with the second subparagraph, where the Australian benefit paid only on the basis of the contract, a person who is outside Australia, that benefit shall be determined in accordance with Australian law, but on the basis that there is no extra benefits for children. 2. When a person is temporarily coming to Australia, the first part of this article shall continue to apply from the 26-week arrival day in Australia. 3. with regard to the fourth paragraph of this article, which is only payable benefits in Australia, based on the contract, the person who is in Australia, the allowance shall be determined: (a) in calculating the income of the person in accordance with Australian law, calculated without taking into account any benefit under the legislation of the Republic of Latvia, by that person or the person's spouse would be entitled to receive pursuant to this law; and (b) deducting the benefits under the legislation of the Republic of Latvia for that person is entitled to receive, from the maximum benefit in Australia; and (c) the application of the remaining benefit obtained in accordance with point (b), the appropriate method of calculation laid down in the legislation of Australia, through this article, (a) the calculated level of personal income. 4. When a person departs temporarily from Australia, the third part of this article shall continue to apply another 26 weeks, from the date when the person izbrauks from Australia. 5. when one or both of the spouses is entitled to the allowance or benefits under the legislation of the Republic of Latvia, each of them in the context of this article in accordance with Australian law considered to be a person who receives half of the benefit or, as the case may be, the total of the benefits. Chapter IV conditions relating to benefits under the legislation of the Republic of

Article 13 Period totaling 1. If the person is not entitled to benefits because he or she has not accumulated sufficient (s) periods of insurance under the legislation of the Republic of Latvia, the person entitled to the allowance shall be determined as the sum of the periods specified in this article in the second and third part in ensuring that the period do not overlap, unless the contract provides otherwise. 2. to determine the right to a retirement pension or a survivor's pension in accordance with the law "on State pensions", Australian working life residence periods of constant view as a period of insurance under the legislation of the Republic of Latvia only, if this period is approved by the competent institution of Australia. 3. for the purposes of determining the right to a State social security benefit under the State social benefits law, Australian permanent resident periods seen as periods of insurance under the legislation of the Republic of Latvia, provided that in the case of old-age pension of the person in question just before the pension benefits are in the Republic of Latvia continuously lived in 12 months. 4. in the framework of this article, where a period of insurance under the legislation of the Republic of Latvia and the person as an Australian permanent resident period coincide, the period of the Republic of Latvia only once, seeing it as a period of insurance of Latvia. 5. Notwithstanding the other provisions of the contract, if the total duration of the periods of insurance accumulated under the legislation of the Republic of Latvia is less than one year and if, taking into account only those periods, no right to benefit under the legislation of the Republic of Latvia, on the basis of this agreement, the competent institution of the Republic of Latvia for the allowance for those periods do not have to pay. Article 14 calculation of the amount of benefit to be paid 1. If, under the legislation of the Republic of Latvia, the conditions for entitlement to benefits have been satisfied without the need for article 13 Totalisation provisions, the competent institution of the Republic of Latvia shall determine the amount of benefits, taking into account only in accordance with its national law the accrued insurance periods. 2. Where, in accordance with the law of the Republic of Latvia the right to benefit may be determined only by application of article 13 of the rules of aggregation, the competent institution of the Republic of Latvia shall determine the right to benefits, but the allowance is granted only for the Republic of Latvia the accumulated insurance periods. 3. Death benefit and benefit the deceased spouse shall be calculated in accordance with the legislation of the Republic of Latvia. Chapter v administrative and miscellaneous provisions article 15 1 of the submission of the application Documents, notification or complaint about benefit payable by virtue of this agreement or otherwise, after the date of entry into force of the Treaty may submit one or in the territory of the other party in accordance with the administrative agreement, drawn up in accordance with article 18. 2. in determining the right to benefits, the date on which the application, notice or complaint, referred to in the first subparagraph, is submitted to the competent institution of one party shall be regarded as the date of submission of the document to the competent authority of the other party. The competent authority to which the application or notification is submitted, the document without delay, send to the competent institution of the other party. 3. An application for the benefit of one party considers the application for the benefit of the other party, in its submission, the applicant pointed out that there is or has been in a relationship with the other party's insurance system, provided that the competent institution of the other party receives the application within 12 months from the receipt of the original application. 4. Complaints referred to in the first subparagraph, which disputed the decision can be submitted to the administrative authority which it created administratively, or established in accordance with the relevant legislation. 16. Article 1 of the cost Benefits of benefits payable, based on the cost of the contract start date shall be determined in accordance with the legislation of the party concerned, but this date cannot in any event be earlier than the date on which the agreement enters into force. 2. the parties will prevent any legislative or administrative restrictions on transferring money outside its territory, ensuring the right to the payment of benefits and the delivery of the benefits under the legislation of the parties or on the basis of the Treaty. 3. the Parties shall be paid an allowance on the basis of the Treaty, is not payable after deducting administrative costs and Government fees for the design and cost of the benefit. Article 17 exchange of information and mutual assistance 1. the competent authorities and competent institutions responsible for the application of the Treaty to the extent that it allows national legislation: (a) provide each other with all available information necessary for the contract or of the Republic of Latvia and Australian social security legislation; (b) provide each other assistance, including any necessary information, determining eligibility or paid any benefits under a contract or under the legislation to which the agreement applies, as if the application of the same law; (c) give each other as quickly as possible, information on measures taken for the application of the Treaty or on the amendment of the relevant legislation of the parties, in so far as these changes affect the application of the Treaty. 2. the assistance referred to in the first subparagraph, provided free of charge, subject to any agreement reached between the competent authorities and competent institutions to repay certain kinds of expenses. 3. the application of the Treaty, the necessary documents and certificates submitted by one party to the competent authority and the competent institution of the country exempted taxes, notarial or registration fees, on the same conditions as the documents and certificates submitted by the other competent authority and the competent institution. Documents and certificates, you need to submit the agreement, are exempt from approval by diplomatic and consular authorities. 4. the information on persons in accordance with the Treaty, on the one hand, the competent authority or competent institution of the other party shall forward to the competent authority or competent institution is confidential and is used only for the application of the agreement and the application of the law to which the Treaty applies except where disclosure provides the parties law. 5. in any event, the first and fourth subparagraphs conditions can not translate so that they bind the parties to the competent authority or competent institution of the obligation: (a) to carry out administrative measures that are incompatible with one or the other party's laws or administrative practice; or (b) provide any information that is not obtainable under one or the other party's laws or the usual administrative way. 6. irrespective of party legislation or administrative practice, information received by one party on the other hand, in respect of the person is not a candidate for or disclosed to any other country or any other organisation in the country-without the other party's prior written consent. 7. For the application of the agreement, the competent authority and the competent institution may communicate with the other party in any of the official languages of the parties. 8. the competent authority or competent institution may not refuse an application or document simply because it is the official language of the other party. Article 18 administrative arrangement 1., the competent authorities of the Parties shall establish an administrative arrangement which establishes the measures necessary for the application of the Treaty. 2. The competent authorities shall determine the responsible bodies, referred to in the administrative arrangement. Article 19 settlement of disputes 1. the competent authorities of the parties, where possible, offer a solution to disputes arising out of the interpretation or application of the agreement in accordance with its spirit and fundamental principles. 2. At the request of either party, through diplomatic channels or otherwise both parties engage in immediate consultation on issues that are not resolved between the competent authorities in accordance with the first subparagraph. Article 20 revision when one party requests the other party to the contract review meetings, to this end, the Parties shall meet no later than six months after this request and, unless otherwise agreed by the parties, the Conference organized within the territory of the party to which the request is made. Chapter VI transitional and final provisions article 21 transitional provisions 1. Determining entitlement to benefits in accordance with the Treaty, take account of periods of insurance under the legislation of the Republic of Latvia and Australian permanent resident, Australian working life residence periods and any fact or event which accrued before the date of entry into force of this agreement. 2. the first paragraph of this article may not be applied in the case of the Republic of Latvia, if the allowance is granted in accordance with the law of the Republic of Latvia concerning previous periods before the entry into force of the Treaty. 3. subject to one or other of the parties law, the agreement would not result in a reduction of any benefits to which certain rights before its entry into force. 4. Article 8 of the Treaty of the second, third and fourth subparagraphs of the Agreement rules apply from the date of entry into force, apart from the fact that in these parts that work could be initiated before the entry into force of the Treaty. Article 22 entry into force

The agreement is concluded for an indefinite period and shall enter into force on the first day of the second month following the month in which the parties have exchanged between the last written notification through diplomatic channels notifying each other that all matters as are necessary to the Treaty entry into force have been completed. Article 23 termination 1. Subject to the second subparagraph, the contract is in force until 12 months have expired from the date on which either party receives from the other party written notice through diplomatic channels, about the termination of the contract. 2. in the event of termination, the contract shall continue to apply to all persons who: (a) the date of termination is the beneficiary; or (b) before this date have submitted an application and which would be entitled to receive benefits on the basis of the Treaty; or (c) immediately before the date of termination is subject only to the legislation of one of the parties, on the basis of article 8 of the Treaty of the second, third, or fourth part or chapter II, article 9 of which provides that a worker or self-employed person shall continue to comply with this part. In witness whereof, the undersigned representatives of your Government authorized, have signed this agreement. This contract is in Riga, September 7, 2011, in two originals, Latvian and English languages, both texts having equal force is.
On behalf of the Republic of Latvia Ilona Jurševsk, on behalf of Australia, Dr Russell in Trud