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For The Republic Of Latvia And The Republic Of Belarus To The Treaty On Cooperation In Social Security

Original Language Title: Par Latvijas Republikas un Baltkrievijas Republikas līgumu par sadarbību sociālās drošības jomā

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The Saeima has adopted and the President promulgated the following laws: the Republic of Latvia and the Republic of Belarus to the Treaty on cooperation in social security, article 1. 2008 February 29, signed in Minsk, the Republic of Latvia and the Republic of Belarus on cooperation in the field of 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 29 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. With the law put for Latvian language in the contract. The Parliament adopted the law of 4 December 2008. President Valdis Zatlers in Riga V 2008 December 23, the Republic of Latvia and the Republic of Belarus on cooperation in the FIELD of social security of the Republic of Latvia and the Republic of Belarus, hereinafter referred to as the parties, to develop cooperation in the field of social security, have agreed as follows: i. General provisions article 1 1. for the purposes of the application of contract terms used to mean: 1) "law of parties", the law and other regulations of the parties law governing the contract specified in article 3 of the social security; 2) "competent authorities": the Republic of Latvia, the Ministry of welfare, in the Republic of Belarus – labour and social protection, the Ministry of social security (except compulsory insurance against accidents and occupational diseases in production); The Ministry of health and medical examination of the person repeat the inspection to determine the degree of loss of functional capacity, including vocational, disability group and its causes; The Ministry of Finance of compulsory insurance against accidents and occupational diseases in the production area; 3) "competent institution" means an institution or organization whose responsibilities include pensions, allowances, remuneration due to accidents (work) and occupational assignment and payment of State social insurance contribution records, in the Republic of Belarus – compulsory insurance contributions also count against accidents and occupational diseases; 4) "family members" means the person who is identified as such and recognized, according to the legislation of the parties; 5) "indemnity insurance (work)"-the period in which the country made social insurance contributions, as well as other periods under the legislation of the parties will be treated as the period in which the country made social insurance contributions; 6) "contributions" to the State social insurance contributions, in the Republic of Belarus also compulsory insurance contributions against accidents and occupational diseases; 7) "living place": in the Republic of Latvia – permanent or temporary legal residence in the territory of the Republic of Latvia, which recognized as such under the legislation of the Republic of Latvia; In the Republic of Belarus – permanent residence, which recognized as such under the legislation of the Republic of Belarus; 8) "self-employed": in the Republic of Latvia, the person recognized as such under the legislation of the Republic of Latvia; In the Republic of Belarus – the persons individually (independently) dealing with business, to which the Treaty applies Article 3 of that law; 9) "pension and benefits '-Government payments in money terms that have to be taken in accordance with those types of social security referred to in article 3 of the Treaty, including all parts and attachments, and the premium increase, which is intended in the legislation of the parties; 10) "maternity benefits": in the Republic of Latvia – maternity allowance, paternity allowance; In the Republic of Belarus – maternity allowance, allowance for the woman who has recorded National Health Organization to 12 weeks of pregnancy; 11) "family allowances": in the Republic of Latvia – the childbirth allowance, parental allowance, child-raising allowance, the disabled state family benefit; In the Republic of Belarus – the childbirth allowance, child's age to 3 years care allowance, allowance for children from 3 to 16 (18) years of age; 12) "claims due to accidents (work) and occupational diseases" in the Republic of Latvia – insurance claims (in money terms) due to accidents at work, occupational disease or death if it occurred for these reasons; In the Republic of Belarus – insurance costs (in money terms) on compulsory insurance against accidents and occupational diseases in production; 2. Other terms used in the Treaty, meaning the parties concerned comply with the law. 2. Article 1 of the regulation of persons agreement social security covered or covered by one or both of the parties law. 2. the agreement shall not apply to military personnel, internal affairs and State security institutions and pension security of others, which is not defined in the national social security system, as well as public officials in the Republic of Belarus. 1. Article 3 of the agreement applies to the following types of social security, which is intended by the legislation of the parties: 1) old age pensions; 2) invalidity pensions; 3) survivors ' pensions; 4) retirement pension; 5) temporary incapacity (sick) and maternity benefits; 6) social pensions – the Republic of Belarus; State social security benefit in the Republic of Latvia; 7) remuneration in connection with the accident in production (work), or an occupational disease; 8) unemployment benefits; 9) family allowances; 10) death grants; 11) single benefit of the pensioner's spouse in the event of death in the Republic of Latvia. 2. the agreement shall also apply to the parties ' legislation on insurance contributions. 3. the agreement will be applied in relation to the legislation of the parties, to amend or supplement the rules that govern the types of social security specified in paragraph 1 of this article, and insurance contributions. 4. the contract will apply also in relation to those parties ' legislation that introduces new forms of social security or pensions and benefits with the new premium and increase. The competent authorities within three months of the law's entry into force must be notified to the other competent authorities about their restrictions concerning the type of new social security or a new premium and the increase of pensions and benefits determination. Article 4 1 the parties living in its territory or citizens of the other party, as well as their family members, provides the same rights as their own nationals as regards both the application of the law and the right to social security. 2. the provisions specified in paragraph 1 of this article shall not apply to the procedures laid down in the Republic of Latvia of Latvian citizens insurance seniority accrued up to January 1, 1991,. Article 5 1. If the contract does not stipulate otherwise, the contract article 2 (1) such persons may refuse to grant a pension or allowance, as well as remuneration due to accidents (work) or occupational diseases which have occurred right under the law of one of the parties or in accordance with the provisions of the Treaty, the only reason that this person's place of residence is in the territory of another party. 2. If a person who had been granted pensions or compensation due to accidents (work), or an occupational disease, after the entry into force of the agreement moves on life from the territory of one party to the territory of the other party, pension or compensation due to accidents (work) or occupational diseases continue to pay the party who has granted the pension or compensation. 3. Where the contract provides otherwise, be paid the pension, benefits or rewards due to accidents (work) or occupational disease the amount may not be reduced for the reason that the person resides in the territory of the other party. 4. Paragraph 1 and 2 shall not apply to unemployment benefits, family allowances, temporary incapacity (sick) and maternity benefits, as well as in the Republic of Belarus to social pensions, the Republic of Latvia on the country's social security benefits and allowances to the old-age pension granted to pensioners whose place of residence is in Latvia. II. Application of the law article 6 1. If the contract does not stipulate otherwise, the workers subject to the legislation of the party in whose territory the work is being carried out, irrespective of the place of residence. 2. Self-employed subject to the legislation of the party in whose territory the work they do. 3. the self-employed, whose place of residence is in the territory of one party, but the activity is carried out in the territories of both parties shall, subject to the legislation of the party in whose territory that person's place of residence. 4. However: 1) to the persons, workers in the territory of one party and who is sent by the employer to the territory of the other party, to carry out this work, the employer shall continue to apply first-party legislation, provided that the duration of the Mission of persons not exceeding two years; 2) to diplomatic missions and consular institutions employees eligible under 18 April 1961, the Vienna Convention on diplomatic relations and 24 April 1963 Vienna Convention on consular relations; 3) on marine crew members of vessels subject to the legislation of the party of the flag drove the ship. To the person who hired the ship cargo for loading, unloading and ship repair or service of the port guard, the party in whose territory the port; 4) to persons who work in the air, railway or road transport companies, dealing with international transport in the territories of both parties shall, subject to the legislation of the party in whose territory the undertaking is established. Article 7 1. If the contract does not stipulate otherwise, then to family members living together with a person-worker or the self-employed are subject to the same legislation that apply to self-employed workers. 2. paragraph 1 of this article shall not apply if the members of the family, on the basis of their employment, subject to the legislation of the other party. III. Age, disability, survivor's pensions, retirement, social pensions and State social security allowance article 8 1. Each of the Parties shall be calculated and paid only on the basis of pension insurance (work) seniority accumulated in its territory. The amount of the pension is calculated in accordance with the agreement and the legislation of the parties. 2. in determining the right to pension, based on insurance (work) the accumulation of seniority seniority for the purposes of aggregation, including the indemnity insurance (work) that accumulated in the territories of both parties, provided that the periods in time is wholly or partly do not overlap. The amount of the pension shall be determined according to the respective party accumulated seniority of insurance (work). 3. If the total length of the insurance (work) that accumulated based on the one hand, the legislation is less than a year and this period does not give entitlement to a pension, the period shall be taken into account by the competent institution of the other party, provided that, taking into account the (working) seniority, pension entitlement arises. The Republic of Latvia, in calculating the amount of the pension, assuming that in this case the persons insurance wages equal to the previous year's average insurance contribution wage for the Republic of Latvia. 4. the right to a pension on preferential terms (on the work of the special working conditions) and a retirement pension, account shall be taken of the length of insurance (work) that accumulated in the territories of the parties and according to the legislation of each party analoģisko circumstances, jobs, professions, posts and establishments, except if this length of service period in a given time period. 5. insurance (work), which is the accumulated length of service up to January 1, 1991, outside the territories of the Parties and in accordance with the legislation of the parties are subject to both parties ' indemnity insurance (work), take into account the party in whose territory the person that requested the grant or recalculate the pension. Article 9 in the event the assigned by both parties age, disability, survivor's pensions (except retirement pensions) total amount does not reach the parties in whose territory a person's place of residence, the statutory minimum amount, then that party paid the difference, ensuring a minimum amount in accordance with the law. The difference, which guarantees the minimum amount of the pension, paid only if a person's place of residence is in the territory of the party, which paid the difference. 10. Article 1. social pensions and State social security benefit is determined on the basis of the legislation of the party in whose territory the person concerned is resident. 2. the law of the Republic of Latvia on the State social security benefit to those citizens of the Republic of Belarus, which the Republic of Latvia has lived continuously in the last 12 months before applying for benefits, the total period of 60 months of separation, are credited to living in the Republic of Belarus periods. Article 11 1. If one of the parties in accordance with the law, the person entitled to the appropriate pension type to occur earlier, then the party is granted a pension in accordance with its legislation. After the emergence of the rights to a pension under the legislation of the other party, the first party's pension is granted under the Agreement revised article 9. 2. If a person receiving a pension of the same kind under the legislation of both parties, occur right on another type of pension with only one side of the law, then, on the basis of the person's application, it is transported to the pension. The competent institution of the other party in accordance with its legislation continues to pay the pension awarded. Article 12 1. Pension, assigned to the entry into force of the Treaty, is not revised in accordance with the provisions of the Treaty. 2. If by the time of entry into force of the Agreement each party was granted a pension of was not taken into account in the insurance (work) that seniority accumulated in the territory of the other party, the party in whose territory the seniority accumulated on the basis of the person's application, the grant of the pension, taking into account the length of service in accordance with the provisions of the Treaty, but not earlier than the date of entry into force of the Treaty. IV. TEMPORARY incapacity (sick) and maternity benefits article 13 Temporary incapacity (sick) and maternity benefits are granted and paid in accordance with the legislation of the party for which you pay insurance contributions. V. remuneration due to accidents (work) or occupational disease article 14 compensation for an accident (at work), or an occupational disease are implemented in accordance with the legislation of the party where the person concerned at the time when the accident occurred in production (work) or at the time when the last made work that caused the occupational disease, notwithstanding that the first discovered in the territory of the other party. Article 15 1. in the event of an occupational disease acquired a person worked in the territory of both parties, and sectors that could be caused by an occupational disease compensation due to accidents (work), or an occupational disease granted and paid by the party in whose territory the last time this work was carried out. 2. in the event of a change in a person's loss of capacity, including professional, due to the amount of remuneration to accidents (work), or an occupational disease are translated in accordance with the legislation of the party, which pays the remuneration. Article 16 this section shall also apply to accidents (work) and occupational disease or death if it occurred the following reasons occurring (discovered) prior to the entry into force of the agreement, but in the case of the Republic of Latvia – not earlier than January 1, 1997.  Vi. Unemployment benefits article 17 1. determination of the rights to unemployment benefits based on the length of insurance (work) accumulation, for the purpose of aggregation are credited to insurance indemnity period (work) that accumulated under the legislation of both parties, provided that they are in time is wholly or partly do not overlap. 2. If a party designed to calculate unemployment benefits from the person's average monthly earnings in the case where the missing part statutory period the average monthly earnings for the calculation of unemployment benefits calculated on the basis of: – the Republic of Latvia the average insurance contributions wage; In the Republic of Belarus – the main. 3. If the amount of unemployment benefit depends on the length of insurance (work), seniority shall be calculated in accordance with the provisions of the treaty governing the insurance (work) length of service calculation procedures in granting pensions. 4. unemployment status is lost and the cost benefits are suspended as of the date of receiving such benefits a person moving to the territory of the other party. Unemployment status and rights acquisition for the allowance is determined in accordance with the legislation of the party in whose territory a person's place of residence. 5. workers who work in the territory of one party, but resident in the territory of the other party, in the event of job loss, the right to unemployment benefits are determined in accordance with the legislation of the party in which that person is resident. VII. Family benefits article 18 family benefits are granted and paid in accordance with the legislation of the party in whose territory the children are resident.  VIII. Death allowance and a one-off allowance for the spouse of the pensioner's death article 19 1. Death benefit granted and paid to the party that the legislation applicable to them at the time of death. 2. One hand pensions or compensation due to accidents (work) or of an occupational disease in the event of death of the beneficiary, where the place of residence was in the territory of the other party, the death benefit is granted and paid by the party who carried out the pension or compensation paid. If a person received a pension or compensation in accordance with the legislation of both parties, the death benefit is granted and paid by both parties. 3. The worker's or the self-employed former dependent family members in case of death of the death benefit is granted and paid to the party to whom the legislation applies to self-employed workers or family member at the time of death. 4. in the event of the death of the Person who has received a pension under the legislation of the Republic of Latvia, the surviving spouse, based on his/her request granted and paid in a lump sum payment of two deceased spouse pension amount. The right to the said lump-sum allowance are only persons who received a pension under the legislation of the Republic of Latvia, as well as if a spouse's death occurred after 1 January 2007. IX. Administrative cooperation article 20 the competent regulatory authorities shall mutually agree on the implementation of the Treaty by concluding the agreement. Article 21, the competent authorities shall determine the competent institution, which shall take the pension, benefits and compensation for an accident (at work), or an occupational disease and the cost in accordance with applicable laws and contracts, as well as the transfer of money for paying it. Article 22 the competent institution free of charge provided the necessary assistance in carrying out a contract and provide the necessary information about the legislation in force and amendments thereto. 1. Article 23 Submission that is filed in accordance with the legislation of one party, it is considered also to be filed in accordance with the legislation of the other party. 2. the competent institution of one of the parties considers the documents required for the State social security, approved by the competent authority of the other party, and accept it without legalization. 24. Article 1 of the decision on the capacity loss., including vocational, disability group and its causes, the Party adopted the medical expert bodies, in whose territory the competent institution whose responsibilities include the relevant pension or compensation due to accidents (work), or an occupational disease. In addition, takes into account the cognitive and medical conclusions, which are issued by the appropriate authority of the party in which the person's place of residence. 2. the medical examination, as well as personal check to determine the degree of loss of functional capacity, including vocational, disability group and its causes, take half containing the person's place of residence. For the given services is for that party's law, are not taken account. Article 25 pensions, allowances and compensation due to accidents (work) or occupational disease the payment under the contract, the parties are enforced in the territory of which the currency is the recipient's place of residence. The cost of the procedure, as well as transferring money in accordance with the official exchange rate established by the national (Central) bank is determined by a separate agreement between the parties ' competent authorities. Article 26 information in respect of persons that could be transferred in the course of the application of the agreement are set out in the agreement concluded in accordance with article 20 of the Treaty. The information is confidential and is used only with a view to the application of the Treaty. Article 27 any dispute, which may arise in connection with the interpretation and application of the agreement, the Parties shall address the direct negotiations and consultations between the parties ' competent authorities. X. closing provisions article 28 Amendment 1 and supplement this agreement is made on the parties when designing the protocols that becomes an integral part of the contract. 2. the Protocol shall enter into force the Treaty article 29. Article 29 of the Agreement shall enter into force on the date when it is received through diplomatic channels of the last written notification that the parties fulfilled the national internal procedures necessary for its entry into force. Article 30 of the Treaty does not affect the parties ' rights and obligations arising from other international agreements of which they are members, as well as of the participation of the parties, international organizations and the participation of the Republic of Latvia in the European Union. Article 31 1. Either party may denounce the agreement by written notification to the other party. The contract is terminated by the day specified in the notice, but not earlier than six months from the day following the date of receipt of the notification. 2. Rights acquired during the term of the contract, are not lost in the event of the denunciation. Concluded in Minsk, in 2008, "29." in February in two originals in the Latvian and Russian languages, both texts being equally valid.  

On behalf of the Republic of Latvia Maira Mora Latvian Ambassador Extraordinary and Plenipotentiary of the Republic of Belarus in the Republic of Belarus Vladimir Potupčik on behalf of the Republic of Belarus, of labour and social protection Minister