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For The Government Of The Republic Of Latvia And The Government Of The Republic Of Lithuania Agreement On Cooperation In The Field Of Social Security

Original Language Title: Par Latvijas Republikas valdības un Lietuvas Republikas valdības vienošanos par sadarbību sociālās nodrošināšanas jomā

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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 agreement on cooperation in the field of social security article 1. 17.1993 in Vilnius in December signed by the Government of the Republic of Latvia and the Government of the Republic of Lithuania for cooperation in the field of social security with this law is accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the agreement referred to in article 1. 3. article. The agreement shall enter into force provided for in article 33 at the time and in order. The law adopted by the Parliament in 1994 10 November. The President g. Ulmanis in Riga in 1994 of 26 November 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, the Government of the Republic of Latvia and the Government of the Republic of Lithuania, hereinafter referred to as the parties, seeking to develop cooperation in the field of social security, agreed on: 1. General provisions article 1 purpose This agreement understanding: — the term "law" means the laws and other legislation in the area of social security; — the term "periods of insurance" means periods in which sort of compulsory State social insurance payments, and any other periods, in accordance with the law, be treated as periods of insurance; -the term "permanent separation" in accordance with the legislation means a permanent place of residence; — the term "competent authorities" means: in the Republic of Latvia Ministry of welfare;     The Republic of Lithuania, the Ministry of social protection; — the term "competent authority" means the authority whose responsibilities include pension and benefits, and cost. Article 2 of the agreement determining the persons social security covered or covered by the Republic of Latvia and Republic of Lithuania in the field of social security. Article 3 the agreement covers social security "below: (a) temporary incapacity benefits are); b) maternity benefits; c) disability pension; (d) old-age pensions); e) retirement pension; f) survivors ' pensions; g) pension due to accidents at work and occupational disease; h) unemployment benefit; I) family benefits. Article 4 If this agreement does not provide for another party in its territory, permanent resident or employed in the work of the other working citizens the same rights as their own nationals as regards both legislation and the right to social security. Article 5 on the employment of persons working in the legislation of the party in whose territory they are enforced in paid work, regardless of their place of residence, no legal registration location or residence of the employer. However: (a) the employment of workers), to the persons employed in the territory of one party and which the company sent the work to run business in the territory of the other party, shall continue to be subject to the legislation of the first party, provided that the duration of the Mission of persons not exceeding two years; (b)) to the diplomatic and consular staff, if they are in the country, whose interests they represent, subject to the law of the country; (c)) to seafarers the applicable laws, with a national flag drove the ship. Article 6 companies, institutions, organizations, mandatory social insurance payments for paid workers, with the exception of point 5 of this arrangement "a", "c", referred to in points in the social insurance contributions to the authority and in accordance with the legislation of the party in whose territory the companies, institutions, organizations. Compulsory social insurance payments, which are paid to insured persons, shall be made in accordance with article 5 of this agreement. II. The rights of article 7 paid employment persons working in temporary disability, maternity benefits are granted and paid in accordance with the legislation and on the party which made the institution of social security payments, regardless of the beneficiary's place of residence. Article 8 family benefits are granted and paid in accordance with the legislation and the means the party in whose territory the resident family. There is a right to benefits simultaneously from both sides, the allowance shall be paid in accordance with the legislation and the means of the party in whose territory the children are resident. Article 9 the lump-sum allowance in connection with childbirth is paid in accordance with legislation and on its sides, which resides in the territory of the mother. Article 10 lays down the right to invalidity, old age, retirement, survivor's pension, unemployment benefit, which depends on the accumulation of insurance periods, the periods are credited for the aggregation of insurance periods, which accumulated on the territory of both parties, provided that they are in time to totally or partially not match. In granting pensions that are associated with the work in a specific profession or a specific occupation, including the only periods accumulated territory on both sides of the system or the same profession or job. If this sum does not match the period provisions in accordance with which the laws of both parties the right to determine these pensions, these periods are subject to the pension granted by the General rules. Article 11 after the insurance case, if people are in the territory of both parties accrued insurance period, disability, old age, retirement, survivor's pension granted, calculated and paid in accordance with the legislation of each party, and features in proportion to each party's legislation accrued period duration ratio of the total length of the accumulated under the legislation of both parties. Article 12 if the person concerned satisfies the provisions governing entitlement to a pension under the legislation of both parties, each party to the competent institution shall calculate the theoretical amount of the pension to which the person concerned could claim if, under the legislation of both parties in all periods included in accumulated with a view to determining the right to pension, taking into account article 10 of this agreement and subject to the provisions of the legislation applied by that authority only. Then each party's competent authorities to calculate the actual person the amount of the pension to be paid, leaving the theoretical amount, calculated in accordance with the requirements of the previous paragraph, in proportion to the duration of the period for which accrued on the basis of their legislation to the insurance case occurred, in relation to the duration of the period that have accumulated under the legislation of both parties. Article 13 If the total duration of the period that accumulated under the legislation of one party is less than one year, the period for payment of the pension award and credited to the competent authority of the other party. Article 14 if the given date is not subject to the conditions laid down in the legislation of both parties, subject to this agreement, the provisions of article 10, but he shall be subject to the conditions of the legislation of one party, then that party's competent authority the amount of the pension to be paid shall be calculated in accordance with article 12 of the agreement. If the person concerned is subject to the legislation of one party without the need to apply the provisions of article 10, the amount of the pension to be paid is to be calculated only on the basis of their applicable legislation, taking into account the accumulated this legislative period. Pension allocated to the above paragraphs, the periods on the basis of this agreement and article 12 10 those rules, if compliance with the legislation of the other party. Stops a running one hand legislative provisions to the two parties ' legislative basis for the periods of pension granted at the request of the person concerned in accordance with this article and the provisions of paragraph 2. Article 15 If the amount of the pension to which according to the legislation of one party qualify the person concerned, not subject to the 10 and 12-14. the provisions of article, exceeds the total amount of the pension is payable, which on the basis of those provisions, the competent authority of the parties to the paid premium for that person the difference between these two amounts, and shall bear all the costs incurred. Article 16 in case a change in a person's disability group that invalidity pension received only under the legislation of one of the parties, the following rules apply: (a)) of the pension receipt, if the person in question is not subject to the legislation of the other party, then the first half of the obligations of the competent authority, when granting a pension in accordance with the applicable legislative provisions, to take account of changes in disability group; (b) if the pension) of receipt to the person concerned, subject to the legislation of both parties, then the pension granted to her under 10 and 12, the provisions of article 15, under the disability group changes. In the case the invalidity group changes the person receiving an invalidity pension based on the legislation of both parties, her pension to be granted pursuant to this agreement and 12-10. the provisions of article 15, taking into account the disability group changes. Article 17 persons receiving invalidity, survivor's and retirement pensions, and their elections to the transferring old-age pension on the basis of the rules laid down in the legislation, under which the pension was granted, as with regard to the 10 and 12 of this agreement. — the provisions of article 15. If a person receives an invalidity pension, survivor's pension, or retirement on the basis of the legislation of both parties obtained the right to old-age pension exclusively under the legislation of one party, the other party's competent authority granted earlier retirement continue to pay until this body will produce the right to realize the provisions of the preceding paragraph. Article 18 invalidity pensions due to accidents at work are granted and paid in accordance with the legislation and the means for its parties in whose territory the accident victim's person was working. Disability pension due to illness and the cost of professional grant in accordance with legislation and on its party assets in the territory of which the deceased person was working conditions and jobs, which could lead to the professional disease. If a person worked in the territory of both parties in these conditions and in jobs that could cause illness, occupational disability pension due to the professional disease to be granted under the legislation of each party, and features in proportion to each party's legislation accrued period for the duration of the total period, accumulated under the legislation of both parties. Article 19 employees who work in the territory of one party and permanently resident in the territory of the other party, losing a job, unemployment benefits are granted and paid in accordance with the legislation and the means of the party in which they reside. Article 20 of this agreement the provisions of chapter II shall not apply to invalidity, old age, retirement, survivors, disability pensions due to the professional to be assigned to the entry into force of this agreement. Article 21 due to an accident, after the entry into force of this agreement, for all the periods of insurance, regardless of which party to the entry into force of this agreement the moment they accumulated, the obligation to pay to the person concerned, disability, old age, retirement, survivor's pension is a party on the legislation had extended the agreement into force. III. Preservation of acquired rights article 22 if a pensioner after the entry into force of this agreement in making a permanent move to from the territory of one party to the territory of the other party, the invalidity, old-age, survivors ' pensions, pensions due to accidents at work and occupational invalidity pensions paid in the case in accordance with legislation and on the means of the party granted the pension. Article 23 conversion of pensions provisions, which are contained in the legislation of either party, apply to pensions payable under this agreement. Article 24 in the case of the death of the Person who received the pension, based only on the one hand, death benefit paid in accordance with the law and on its side that paid pension. In the event of the death of the person who received the pension on the basis of the legislation of both parties, the death benefit is paid, subject to the total amount of the pension, and of the means of the party in whose territory the deceased lived permanently. Article 25 payment of Pensions in the national currency of the party in whose territory the beneficiary resides, according to the official exchange rate fixed by the national bank for payment of the pension on the date of the preparation of the document. Article 26 procedures for the payment of the pension and the transfer of funds shall be determined by the competent authorities of the parties to the agreement. 27. Article medical test, also required a determination of the degree of incapacity, their permanent place of residence.  IV. Mutual administrative assistance article 28 the parties will cooperate in all social security issues and provide mutual assistance in the application of this agreement. The parties ' competent authorities will provide to each other the necessary information on changes in legislation and of the circumstances which the essential pension and benefits. Article 29 competent regulatory authorities creates intermediate bodies, which each maintain direct communication. Any resident in the territory of one of the parties, the person may either directly or through intermediate bodies or to the place of permanent authority to refer to the other competent authorities. 30. article documents in the territory of one of the parties was issued by a particular form or which have been approved by the appropriate national authorities, in the territory of the other party accepted without legalization. Article 31 the questions arising from the application of the provisions of this agreement, as well as disputes arising between the parties in connection with this agreement, the matter of the translation of the direct talks and consultations between the competent authorities. V. final provisions article 32 of this agreement changes and additions made to the parties, by mutual agreement, and shall enter into force on the date when their exchange between the written notification, stating that, in accordance with their legislation has been complied with the necessary legal procedures for the entry into force. Article 33 This agreement is ratified in accordance with the legislation of the parties, and shall enter into force on the date of exchange of instruments of ratification takes place.  Article 34 this agreement will work permanently. Any party may denounce this agreement by notice in writing to the other party not later than 6 months before the termination of the operation. Denunciation of the agreement in the event that the rights of individuals obtained in accordance with this agreement, remain. 1993 was concluded on December 17, two copies, each of them Latvian and Lithuanian languages, and both have equal force. The Government of the Republic of Latvia, the Republic of Lithuania Government