Team (2013:134) Where The Nordic Convention On Social Security

Original Language Title: Lag (2013:134) om nordisk konvention om social trygghet

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2013:134

paragraph 1 of the Convention on social security between Sweden, Denmark,

Finland, Iceland and Norway signed in Bergen

June 12, 2012 to apply that law in this country. The Convention's

content set out in the annex to this law.



Transitional provisions



2013:134



1. this law shall enter into force on the day the Government determines.



2. by law repeals Act (2004:114) concerning the Nordic Convention

on social security. The repealed law does

still in relation to the Faroe Islands, Greenland and Åland Islands

to its Convention of 12 June 2012 in accordance with article

16.3 enters into force.



Annex



Nordic Convention on social security



The Governments of Denmark, Finland, Iceland, Norway and Sweden,



that since the agreement on the European economic area

(EEA Agreement) entered into force in the European

the provisions on the coordination of policies on social security

for workers, self-employed persons and members of their families

moving within the community as regards persons

move between the Nordic countries,



that was last August 18, 2003 signed a Nordic Convention

on social security as a supplement to the European

the regulation on the coordination of policies on social security

through which the Nordic countries have committed themselves to in large

extent in the North apply the provisions

even on certain groups of people for whom the regulation is not

directly applicable, namely persons who are not nationals of

an EEA country, or who are not or have been workers

or self-employed in the meaning,



Desiring to conclude a Convention on social security, which is based

on the principles of Regulation (EC) No 883/2004 and, in accordance

with its basic idea,



who want to customize the Nordic Convention to Regulation

(EC) No 883/2004, which also includes people who are not

or has been employed or self-employed, to

implementing provisions to this Regulation (EC) no

987/2009 and to the development of the Nordic countries

legislation on social security,



considering that there is a national fellowship from Denmark,

Faroe Islands and Greenland and the Faroe Islands and Greenland are not

members of the European Union or, subject to

The EEA Agreement,



have agreed to conclude a new Convention on

social security. This Convention complements

EU regulations and provide, in certain cases, additional

the rights of persons who move between the Nordic

countries.



The Convention has the following wording:



TITLE I



GENERAL PROVISIONS



Article 1



Definitions



1. for the purposes of this Convention, the expression



1) "Nordic countries"



each of the contracting countries, as well as the

autonomous areas Faroe Islands and Greenland, which has its own

competence in the areas covered by the Convention, and

Åland in so far as these areas have given their consent to

the Convention will apply to them;



2) "regulation"



Regulation (EC) No 883/2004 on the coordination of social

security systems in the version at every opportunity

relation between the Nordic countries and with the adjustments

as at each time point follows from annex VI to the agreement on

The European economic area of 2 May 1992

(EEA Agreement);



3) "implementing regulation"



Regulation (EC) no 987/2009 laying down the procedure for implementing

Regulation (EC) No 883/2004 in the version at each

opportunity comes between the Nordic countries and with the

adjustments at each time point follows from annex VI to

agreement on the European economic area of 2

May 1992 (the EEA Agreement);



4) "basic pension"



pension based on residence and extensions to pension

awarded to those who have no or low labour pension; compare

Annex 1 to the administrative agreement to this

Convention which sets out the benefits that are considered as

basic pension in the different Nordic countries.



2. Other statements contained in this Convention, the

same meaning as they have in the regulation, the implementing regulation

or in the Nordic countries ' national legislation.



Article 2



Areas of expertise



This Convention applies to all legislation which

within the scope of its material scope.



Article 3



Personal scope



1. this Convention applies to persons covered by the

the persons and who are or have been

covered by the legislation in a Nordic country.



2. this Convention applies, the following persons who are not

covered by the personal scope:



a) persons who are or have been covered by

legislation in a Nordic country,



b) family members or survivors deriving

rights of the persons referred to under (a).



3. in Denmark, the provisions of 1 and 2 only

a citizen of a Nordic country with regard to the application

by:



a) policies for family benefits in Chapter 8 of the regulation,



b) article 64 of the regulation concerning unemployed persons travelling

to another Member State,



c) rules on the basic pension.



Article 4



Extended application of the regulation



Subject to the provisions of this Convention, extended application

of the regulation and of the implementing regulation to all

persons covered by this Convention and resident

in a Nordic country.



TITLE II



PROVISIONS CONCERNING THE APPLICABLE LEGISLATION



Article 5



Resident



A person is resident in a Nordic country in accordance with

national legislation. In the event of a conflict on which legislation

to be applied to a person, the person is deemed to be resident in

the Nordic country where he or she is registered, if not

specific reasons gives rise to something else.



Article 6



Work on the continental shelf



For the purposes of applying the provisions of title

(II) should also work with the exploration and production of

natural resources of a country's continental shelf is regarded as

work in that country.



TITLE III



SPECIFIC PROVISIONS ON THE RIGHT TO BENEFITS



CHAPTER 1



DISEASE



Article 7



Reimbursement of expenses for return travel



1. For a person residing in a Nordic country and have

right to benefits in kind during a temporary stay there and

in another Nordic country, benefits, accounting

stay for the more expenses for return travel to

the country incurred by the person as a result

of their disease state needs to use more expensive process than

He or she otherwise would have used.



2. Paragraph 1 shall not apply to persons who may consent

to travel to another Nordic country in order to receive

necessary treatment.



CHAPTER 2



BENEFITS IN RESPECT OF INVALIDITY, OLD AGE AND DEATH



Article 8



Basic pension in the case of residence in a country



A person is, so long as he or she is a resident of a

EEA-country, entitled to a basic pension which he or she has

acquired in a Nordic country under the same conditions as

under the regulation, or arising out of this

Convention.



Article 9



Agreement in accordance with article 54(2)(b) of the regulation))



Is in more than one Nordic country the conditions applicable

to calculate the pension on the basis also of the adoption of

periods of insurance or residence, which would have

completed on pension case had not occurred, does

only a part of the future periods in the calculation of

each of the countries. This part is determined on the basis of the

actual periods of insurance or residence that is used

in the pension calculation after the relationship between the

actual period in the country and the total actual

period in the countries.



CHAPTER 3



UNEMPLOYMENT BENEFITS



Article 10



Exemptions from certain requirements for completion of periods



The requirement of periods of insurance, employment or

periods of self-employment according to

Article 61(2) does not apply to those who either have

work carried out to such an extent that he or she has

been subject to the legislation on unemployment benefits

or received such benefits in the Nordic country where

claim for benefits is made. However, the work must have been carried out or

unemployment benefits have been received within a period of five years

from the date of notification of the unemployment of the public

employment services and, where applicable, from the date of

application for membership of the competent unemployment fund.



CHAPTER 4



FAMILY BENEFITS



Article 11



Calculation of additional amounts and excess amounts



1. Benefits are intended to compensate for loss of income

at parenting should not be taken into account for the purposes of

Article 68(2) regarding withholding of the benefit

or calculating the additional amount.



2. A public authority or institution which, in accordance with article

68(2) of regulation must withhold a benefit and pay out

an additional amount to do the calculation of the overall

the amount of family benefits for each child separately and

include family benefits up to the amount

provided for in the other State and pay out

the additional amount.



CHAPTER 5



REHABILITATION



Article 12



Cooperation



1. the institutions involved in cross-border situations

of the competent State and the State of residence shall cooperate

to provide support and active measures to people in order to

promote opportunities for entry and return to work.

The institution of the Member State of residence shall, after consultation with the

the institution of the competent State, provide such

interventions that are possible within the framework of the country's

legislation.



2. If a stake could mean change

of membership, should the institutions as far as

possible resolve the situation for the benefit of the individual.




TITLE IV



OTHER PROVISIONS



Article 13



Administrative agreements



The competent authorities, or the institution designated by the

the competent authority shall enter into an administrative arrangement

with the provisions necessary in order to ensure a

uniform Nordic application of this Convention.



Article 14



Administrative cooperation and liaison bodies



1. For the purposes of this Convention, the authorities and

institutions assist one another to the extent necessary.



2. In cross-border situations, the relevant authorities

and institutions of the States concerned to cooperate in order to

improving administrative procedures, to assist each other, as well as in

concrete cases to cooperate, particularly on conflict issues, in order

as far as possible, resolve the situation for the benefit of the

individual.



3. In each Nordic country, there shall be the liaison bodies

appointed by the competent authority.



Article 15



Agreement to waive reimbursement



1. With regard to articles 35, 41 and 65 of the regulation

refrain from the Nordic countries, unless otherwise agreed between the two

or several countries, from each repayment between countries

of expenditure on benefits in kind for sickness and maternity, as well as

in respect of accidents at work and occupational diseases, the benefits to

unemployed as well as for administrative and medical supervision.



2. The Nordic countries also refrain from repayment of

expenditure for actions referred to in article 12(1) of

rehabilitation.



3. Countries abstaining, however, not from repayment when the

terms of benefits to the people according to the

Article 20.1, 28.1 and article 36 (1) has been given permission to

travel to another Nordic country in order to receive the necessary

the care that his condition requires.



Article 16



Date of entry into force



1. This Convention enters into force provided that:

Annex VI to the EEA Agreement adapted to Regulation (EC) no

883/2004.



2. This Convention shall enter into force on the first day of the

third month after the month in which all Governments have

the Danish Government announced that they have fulfilled all

conditions for the entry into force of the Convention.



3. For the Faroe Islands, Greenland and åland part enters

Convention in force 30 days after Denmark's

and the Government of Finland has announced the Danish

the Ministry of Foreign Affairs to the Faroe Islands and Greenland country Board

country's Board and åland has announced that

the Convention will apply to the Faroe Islands and Greenland respectively

The åland Islands.



4. In connection with its accession to the Faroe Islands and Greenland

country boards consider whether the personal scope of article

3.3. the exception in regulation rules

If the basic pension applicable to Denmark, also apply to

them.



5. The Danish Ministry of Foreign Affairs shall inform the other

the parties and the Secretariat of the Nordic Council of Ministers

the receipt of these messages and the time for

the entry into force of the Convention.



Article 17



Denunciation of the Convention



1. Are the parties terminate the Convention to writing

This message is sent to the Danish

the Ministry of Foreign Affairs, which shall inform the other parties of

This and if the content of the message.



2. The notice applies only to the party who made it and

valid from the beginning of the calendar year in which occurs

at least six months after the Danish Ministry of Foreign Affairs

received the notice of termination.



3. If the Convention is terminated, rights acquired on

because of the Convention still persist.



Article 18



Transitional provisions



1. this Convention shall enter into force ends on the Nordic

Convention of 18 December 2003 on social security to

apply. This Convention shall not lead to the reduction of

amount of benefit provided by the entry into force of the Convention in

question about benefits covered by the Convention. With respect to

on the Faroe Islands and Greenland have Convention of 18 September

2003 on social security continued validity to the time

This Convention shall enter into force, but not later than one year after

the entry into force of the Convention in accordance with article 16.



2. Have the person acquired the right to basic pension from a

Nordic country on the basis of residence in the country during the time

before 1 January 1994, during which he or she is at the same time

acquired the right to work in another Nordic country,

should this period basic pension are calculated only from

the latter country. Has anyone during such a period of time

acquired pension from several Nordic countries, one of which

even where the person's country of residence, the basic pension only

is calculated from that country.



3. Claim for benefits made after this Convention

date of entry into force should be examined under this Convention even when

applied for benefits for the period prior to the entry into force.



Article 19



Signature



The original text of this Convention shall be deposited with the

Danish Ministry of Foreign Affairs, which shall submit to the other

the parties certified copies of the text.



For confirmation of this, the Plenipotentiaries

have signed this Convention.



Done at Bergen on 12 June 2012 in a single copy in the Danish, Dutch,

Finnish, Icelandic, Norwegian and Swedish, what texts all have

the same validity.



For the Government of Denmark:



The Government of Finland:



For the Government of Iceland:



For the Norwegian Government:



For the Government of Sweden: