Article 1 of The Convention between Sweden and the Federal Republic of Germany concerning
social security signed on 27 February 1976 along with
Final Protocol to the Convention shall apply in the wording of the original texts
that regulation in this country.
The texts in their following a supplementary agreement on October 26
1989 amended is contained as annexes 1 and 2 to this
Regulation. Regulation (1991:1183).
for the purposes of paragraph 2 of article 10 and article 33, first subparagraph, second
the point of the Convention, the insurance administration have jurisdiction in Swedish
authority. Regulation (1991:1183).
paragraph 3 of Article 37 of the Convention applies, except as stated in paragraph 4, on the
analogy to rights that arise only because of
additional agreement. Regulation (1991:1183).
paragraph 4 of Article 22, sixth paragraph, of the Convention as amended by
supplementary agreement shall apply retroactively from 1
January 1982 and also apply to insurance cases that occurred before
This time. Pensions that have been established before the entry into force of
the supplementary agreement is determined after the application with regard to
of the first sentence. They can also be established without application.
Regulation (1991:1183).
§ 5 No. 3 (b)) of the final Protocol apply only to insurance cases
occurs after the entry into force of this regulation. Regulation
(1991:1183).
section 6 Of a person referred to in number 6 (b)) of the final Protocol to the
Convention and that at the date of entry into force of this regulation is already
busy start to the three-month period referred to in that provision of the
Final Protocol to run upon entry into force. Regulation (1991:1183).
paragraph 7 of Article 23--25 of the Convention as amended by
supplementary agreement shall apply in the case of a survivor's pension
When the insurance case occurred after the end of the year in 1989.
Annex 1
Convention between the Kingdom of Sweden and the Federal Republic of Germany
on social security
The Kingdom of Sweden and the Federal Republic of Germany who wanted to regulate
their relations in the field of social security, have agreed
about the following:
Title 1
General provisions
Article 1
In this Convention, the expression
1) "territory"
with respect to the Federal Republic of Germany the area in which
The Basic Law of the Federal Republic of Germany applies,
with respect to the Kingdom of Sweden in its territory;
2) "citizen"
with respect to the Federal Republic of Germany a German in the order
The Federal Republic of Germany concerning the basic law,
with respect to the Kingdom of Sweden a person in Swedish
citizenship;
3) "legislation"
laws, regulations, decrees and other general legal regulations
concerning article 2, first paragraph specified branches of social
Security;
4) "competent authority"
with respect to the Federal Republic of Germany the Federal Minister for labour
and Social Affairs,
with respect to the Kingdom of Sweden the Government or authority
the Government determines;
5) "insurance agency"
the body or authority responsible for the application of it in
Article 2, first paragraph specified legislation;
6) "authorized insurer"
the insurance body which is competent under the applicable
legislation;
7) "employment"
employment or professional activity in the applicable
the law's meaning;
8) "periods of insurance"
contribution periods, periods of employment or residence, as
in the legislation under which they were completed or considered to be designated
as insurance periods, as well as other time periods to the extent of that
legislation is regarded as equivalent to periods of insurance, including
calendar year for which in the Swedish insurance scheme for supplementary pensions
pension points credited because of employment during the
year in question or part thereof;
9) "cash benefit" or "pension"
a cash benefit or pension with all supplements, supplements and
increases.
Article 2
1. The present Convention is, in so far as not otherwise therein provided, applicable
on
1) German legislation on
a) health insurance and protection for working mothers, in so far as within
These preferential branches governed the right to cash and medical benefits
through the health insurance bodies;
b) occupational diseases;
c) pension insurance and additional insurance for miners;
d) old-age assistance for farmers;
e) child allowance;
f) contributions for the care of children;
2) the Swedish legislation on
a) health insurance with maternity insurance;
b) occupational diseases;
c) basic pension;
d) insurance for supplementary pensions.
2. for the application of this Convention to be considered non such legislation in
Contracting State, imposed by different intergovernmental agreement
or of supranational law or relating to the application of such
agreement or law. Regulation (1991:1183).
Article 3
1. The present Convention is, in so far as not otherwise therein provided, applicable
on the Contracting States ' citizens, other persons covered
or have been subject to the legislation of a Contracting State, and
people deriving their rights from someone now mentioned person.
2. To the extent not otherwise provided in this Convention, like the establishment at
the application by a Contracting State to this State
following nationals in its territory residents:
a) nationals of the other Contracting State;
b) refugees referred to in article 1 of the Convention of 28 July 1951 relating to
to the status of refugees and the Protocol of 31 January 1967 to
the said Convention,
c) stateless persons referred to in article 1 of the Convention of 28 september 1954
relating to the status of stateless persons,
d) other persons with regard to the rights which they derive from a
nationals of a Contracting State, or from one in this article is intended
refugee or stateless person.
Article 4
1. In the case of a second paragraph in article 3 specified person shall in
so far as not otherwise provided in this Convention, cash benefits in the case of
disability, on the basis of age and survivors, as well as annuities and
lump sum in respect of occupational diseases to the
eligible even if he is staying in the other Contracting State
territory.
2. To the extent not otherwise provided in this Convention are granted benefits
According to one Contracting State legislation to nationals of
the other Contracting State, who are resident outside the
Contracting States under the same conditions as to
nationals of the former Contracting State residing
outside those territories.
Article 5
To the extent not otherwise provided in articles 6-10, the question of a
person's membership be assessed
1) under Swedish law, if the person concerned is resident in the Kingdom of
Sweden, or, with respect to occupational diseases, if he is
employed there,
2) under German law, if he is employed in the Federal Republic of Germany,
whereby in cases where insurance membership is assessed taking into account the
place of employment, this shall be decisive even if work
is performed for an employer located in the other Contracting
State.
Article 6
Emitted a workers, who are employed in a Contracting State, of
his employer to the other Contracting State for the purpose of
do a job for his employer, the first State
legislation shall continue to apply until the end of the twenty-fourth
calendar month following despatch, as if the employee still
were employed in its territory. Regulation (1991:1183).
Article 7
1. For a ship's crew and the other not only temporarily on a
ships employed persons apply with regard to
Affinity Insurance legislation of the Contracting State,
whose flag the vessel.
2. If a worker who is resident in a Contracting State
territory, by an employer, which has its registered office in this State
territory and not the owner of the ship, temporarily employed on
a vessel flying the flag of the other Contracting State, apply with
respect to insurance affiliation the first State
legislation, as if he were employed in its territory.
Article 8
Articles 5-7 shall also apply to persons who are not
workers but on which the legislation is specified in article 2
applicable.
Article 9
Articles 5, 6 and 8 shall not affect the provisions of the Vienna Convention on
diplomatic relations and the Vienna Convention on consular
relations, relating to the legislation referred to in article 2
the first paragraph. Regulation (1991:1183).
Article 10
The common representation of workers and employers or on
production of an equivalent in article 8, the competent person may be intended
authority, or the authority designated by this, in the
Contracting State whose legislation under articles 5-9 would
be applicable, allow for exceptions from this legislation, in
the condition that the person concerned becomes subject to the other
Contracting State. By the decision shall be taken into account
the nature of employment and the circumstances in which it is exercised. Before
the decision to the second Contracting State competent authority,
or the authority designated by it, shall be given the opportunity to
position. Are workers not employed in its
territory, he is regarded as employed in the place where he last
before it was occupied. He has been before, non employed in its
territory, he is regarded as employed in the place where this
Contracting State's competent authority has its headquarters. Regulation
(1991:1183).
Article 11
1. In cases where pursuant to the provisions of a State party
law entitled to a benefit result or non existence or
a result of a benefit or non-published in coincidence with the right to
other benefit or with the issuance of other benefits, such
provisions are also applied with respect to the corresponding conditions
According to the other Contracting State. If the foregoing
would result in the reduction of both benefits, each benefit
reduced by half the amount of the reduction would be carried out in accordance with the
Contracting State on which the right to benefit
is based.
2. In cases where pursuant to the provisions of the legislation of the Contracting State
entitlement to benefit non-existence or a benefit as long as the result of a
an employment or employment is exercised or
compulsory pension insurance, these provisions shall
also apply with respect to the corresponding conditions in accordance with the second
Contracting State or within its territory.
TITLE II
Specific provisions
Chapter 1. Health insurance
Article 12
In the case of determining entitlement to a benefit and the period of time during
the benefits shall be provided, the insurance periods completed and
periods during which benefit was published under both the Contracting
States aggregation in so far as the non aligned.
Article 13
1. Is anyone residing within the territory of a Contracting State, and
entitled to medical benefits under the legislation of that State,
he receives during a temporary stay in the other Contracting
State health care benefits under the legislation of that State,
If, because of her condition, is in immediate need of such
benefits.
2. The first paragraph does not apply to cases where someone goes to the other
Contracting State in order to obtain care, especially
When the object is to undergo special treatment, or that reside on
health care institution, rest home or luftkuranstalt.
3. in the case of the manner and scope of provision of
benefits referred to in the first subparagraph shall apply for the stay's
Insurance Agency legislation.
4. Persons who, under the conventions mentioned in article 9 is released
from the obligation of the Contracting State in which they are employed,
receives, as well as their accompanying family members, healthcare benefits
According to the laws of that Contracting State, provided
to be entitled to medical benefits under the legislation of the other
Contracting State. Regulation (1991:1183).
Article 14
Is anyone residing within the territory of a Contracting State and insured
According to the legislation of that State, receives his family members, who are
residing in the territory of the other Contracting State,
medical benefits under the legislation insurance agency for
their place of residence have to apply if not already provided for in
the legislation of the place of residence the right to medical benefits exists on
other basis.
Article 15
1. For those of you who enjoy pensions from pension insurance in the
Contracting States apply the legislation on health insurance for
pensioners in the Contracting State in whose territory he is
resident. The pension is paid according to the only other Contracting State
legislation is considered in terms of medical benefits that pension
as the pension from the first-mentioned Contracting State.
2. The first paragraph shall also apply to the pension claimant.
Article 16
1. In the cases referred to in articles 13 and 14 are provided benefits in
question
in the Federal Republic of Germany
by the competent Office of the place of stay general sickness fund
in Sweden
by the competent for the place of stay general insurance, unless
no other institution is competent. Regulation (1991:1183).
2. Should individuals or agencies under contract with
the insurance bodies referred to in the first subparagraph shall provide
healthcare benefits for the insured persons with insurance agency
and their family members, they are required to provide
medical benefits under articles 13 and 14 on conditions that would have
high pitched about where the intended people been insured with the insurance agency
or been such insured's family members and been the subject of
the agreements.
3. The cost of medical benefits provided under this
Article shall be borne by the insurance agency of the place of stay.
Article 17
1. Cash benefits shall be provided under the health insurance legislation also
If the beneficiary is staying in the other Contracting State
territory.
2. at the request of the competent insurance body shall cash benefits
be paid by the first paragraph of article 16 specified insurance agency
of the place of stay. The competent insurance body replaces
Insurance Agency of the place of stay, they paid the cash benefits.
Chapter 2. Professional indemnity insurance
Article 18
1. a Contracting State Shall, in accordance with legislation, the degree of
working capacity loss and benefit entitlement in respect of
occupational injury in this legislative meaning shall be assessed, taking into account other
occupational injury, this also applies to occupational injury is to be attributed to the
other Contracting State as if it had been
refer to the legislation on occupational diseases in the former
State. With occupational injuries shall be considered as equivalent claims which, according to
regulations shall be considered as accident at work or other
replacement cases.
2. The insurance body competent to regulate the latter
occurred insured event determines the benefit to be paid with
account of the loss of working ability, insurance agency
have to take into account according to the relevant national agency for
the legislation.
Article 19
1. Entitlement to benefit in respect of an occupational disease, a
Contracting State insurance agencies also consider the activities in
the other Contracting Government which has been by nature to carry
the danger of the disease. There is thus, according to both the Contracting
States the right to benefit, granted medical benefits and
cash benefits with the exception of annuity solely under the legislation of
the Contracting Government in whose territory the entitled is
resident. An annuity pays every insurer as much as
corresponds to the relationship between the employment time within its own
Contracting State territory and the total
employment period to be taken into account in accordance with the first paragraph.
2. The first paragraph holds the corresponding application in terms of benefits to the
survivors.
Article 20
1. The who due to occupational injury is entitled to medical benefits
According to a Contracting State receives during the stay
within the other Contracting State medical benefits of
Insurance Agency of the place of stay under it for this
Insurance Agency legislation.
2. In the cases referred to in the first subparagraph are provided health care benefits
in the Federal Republic of Germany
by the competent Office of the place of stay general sickness fund,
in Sweden
of the person's residence for the competent public
the social insurance agency.
3. occupational rehabilitation Shall be taken pursuant to the first subparagraph,
This shall be done through the territory of the State of stay shall
competent body in accordance with the legislation in force for that body.
Competent body is the body which would have been competent if the right to come in
enjoyment of measures had been to assess the
Contracting State.
4. Article 16, second paragraph holds the corresponding application in cases such as
referred to in this article.
5. the costs of benefits in kind provided under this article
shall be borne by the insurance agency of the place of stay.
Article 21
1. to the extent not subject to article 4, first subparagraph,
cash benefits according to the legislation on occupational diseases is published also
If the beneficiary is staying in the other Contracting State
territory.
2. at the request of the competent insurance body shall be paid
cash benefits with the exception of the annuity, lump sum, care allowance and
funeral of the second subparagraph of article 20 specified
Insurance Agency of the place of stay. The competent insurance agency
replaces insurance agency of the place of stay paid
cash benefits.
Chapter 3. Pension insurance
Part 1
Pension insurance under German legislation
Article 22
1. Under both of the Contracting States
insurance periods shall be credited, be taken into account for the acquisition of
the right to benefit under German legislation also
periods of insurance under the Swedish legislation that does not relate to the same
time. Questions on the extent to which insurance periods completed
According to the Swedish legislation can be tested according to
Swedish legislation.
2. Periods of insurance shall be considered as referred to in the first subparagraph are entered
to the insurance branch, the insurer is authorized to
determine the benefit when the only German legislation shall apply. Would in
Accordingly, the pension insurance scheme for miners have jurisdiction,
be taken into account in this the insurance periods to be taken into account according to the
Swedish legislation provided that those periods completed
in mining work underground.
3. Basis for calculation of insurance periods under the
German legislation shall be taken into account for penionsberäkningen.
4. For loss of countervailing benefit in insurance for miners
on the same footing as Swedish mining with the German mining operations.
5. Met the conditions for pension rights only with regard to the first
subparagraph, credited the assumption that fraction, the proportion of time defined
only by half.
6. Right to child allowance without reference to the first subparagraph
and assume non-dependent child or an orphan's pension in accordance with the Swedish
law, be granted dependent child allowance in full amount even if it included
as part of the benefit of a child pension. Otherwise, the dependent child allowance is paid at half the
its amount.
7. compulsory insurance Depends of less than a certain number of charges
paid, be taken into account in the decision on compulsory insurance periods of insurance
shall be taken into account according to the Swedish legislation.
Part 2
Pension insurance under the Swedish legislation
Article 23
To meet it under Swedish law for entitlement to
national pensions in the case of residence abroad regarding the requirement for a minimum period of
three calendar years for which pension points credited or, in
where appropriate with regard to article 24, first paragraph 2) other
sentence, similar years, periods of insurance completed
According to German legislation is respected in the required scope, insofar as they
does not relate to the same time as the Swedish periods. In that regard, on the same footing as twelve
within the German pension insurance scheme of insurance months with
a calendar years for which pension points are credited. Regulation
(1991:1183).
Article 24
1. National pensions under Swedish legislation issued pursuant to this
Convention exclusively in accordance with the following provisions, as applicable
with regard to article 23:
1) For German citizens who are resident in Sweden applies the rules in the
Swedish legislation applicable to persons who are not
Swedish citizens.
2) German national who
a) is resident in Sweden but does not meet the conditions in it under
1) specified legislation or
b) is resident outside of Sweden
people have a right to a pension under the legislation applicable to Swedish
citizens residing abroad. In doing so, it also takes into account each year during
the period from 1960 until 1973 for which seamen's tax
According to Swedish law has been paid.
3) disability allowance, not paid in addition to the basic pension,
and care allowance for disabled children, pension supplements and
means-tested pension benefits granted to German citizens residing
in Sweden with the corresponding application of 1) and (2)). Regulation
(1991:1183).
Article 25
For the provision of supplementary pensions according to the Swedish legislation
the following applies:
1) which is not a Swedish citizen credited pension points only
due to the professional activity during residence in Sweden.
2) has anyone completed insurance periods in Swedish
insurance for supplementary pensions and the German pension insurance scheme;
those for the acquisition of entitlement to a supplementary pension in the required
scope of aggregation to the extent that they do not coincide. In that regard, on the same footing as
Twelve of the German pension insurance scheme of insurance months
with a calendar years for which pension points credited.
3) for the calculation of the supplementary pension is taken into account only periods of insurance
According to the Swedish legislation. Regulation (1991:1183).
Article 26
The transitional provisions in the Swedish legislation on entitlement to the national pension
for Swedish citizens resident abroad and on the calculation of
supplementary pension for persons born before 1924 are not affected by
This Convention. Regulation (1991:1183).
Chapter 4. Family benefits
Article 26 (a)
If a child who is a resident of one of the Contracting States,
the right to family allowances under the legislation of both Contracting
States, granted child allowance only of the State in which the child is
resident. Regulation (1991:1183).
Article 26 (b)
Advances under Swedish law is paid for a child, not
is a Swedish citizen, about the child and the custodian are residents of Sweden
and either the child or legal guardian reside there for at least six
months. Regulation (1991:1183).
TITLE III
Other provisions
Chapter 1. Government assistance and legal aid
Article 27
1. the Contracting States ' insurance agencies, associations of
insurance agencies, authorities and courts shall for the purposes of
the legislation provided for in article 2, first subparagraph, and of this
Convention give each other mutual assistance in the same way as
the application of the legislation in force for them. Assistance provided
free of charge. Cash expenses shall, however, be replaced.
2. The first subparagraph first point holds the corresponding application
with regard to medical examinations. The cost of such examinations,
travel expenses, compensation for mistad earnings,
residence costs in connection with the investigation and other cash outlays
with the exception of postal charges will be replaced by the body requesting the
the survey. Costs are reimbursed if there is non, in both the
Contracting State competent insurance bodies ' interest to
the medical examination.
Article 28
1. the courts of a Contracting State announced enforceable
as well as by a Contracting State insurance agencies or
authorities announced enforceable decisions on fees and other
receivables due social security recognized in the other
Contracting State.
2. recognition may be refused only if it is contrary to the General
order in the Contracting State in which the judgment or decision is invoked.
3. Under the first subparagraph recognized enforceable judgments and orders
works of that establishment in the other Contracting State. In that regard, förfares in
as under the law of the State in whose
territory the enforcement is to take place, the terms of execution of the
This State announced similar judgments and decisions. Transcript of judgment
or the decision must be provided with a certificate of enforceability
(exigibilitetsklausul).
4. Have insurance agencies of a Contracting State may claim on oguldna
fees, shall be enforced as well as bankruptcy and
conciliation proceedings in the other State, such claims have the same
ranking as a corresponding claim in the State.
Article 29
1. a Contracting State's law provided an exemption from
or reduction of taxes or charges, in that included consular
and administrative fees, for acts or decisions, which shall
produced in and for the purposes of this law, utsträckes to
include the corresponding documents and decisions to be presented in and
for the application of this Convention or of the article 2 first
paragraph specified legislation of the other Contracting State.
2. the decision, which shall be established in and for the application of this Convention
or the first paragraph of article 2 specified law, need
non be issued with certificate of authenticity, or subjected to any similar
formality in the invocation of the bodies of the other Contracting State.
Article 30
The first paragraph of article 27 intended body may in the application of it in
Article 2, first paragraph specified legislation and by this Convention
enter into immediate connection with one another and with the persons concerned, and
their agents on their service language. Legislation on the use of an interpreter
is not affected. Judgments, decisions and other documents may be submitted directly
a person who is resident in the other Contracting State
territory in registered mail with acknowledgement of receipt.
Article 31
1. Have application for benefit under the legislation of a Contracting State
made of a body in the other Contracting State, that is
competent to receive the application for the corresponding benefit under the order
This body of legislation in force, shall be considered the application made in
the competent insurance body. The foregoing shall also
application to other applications, declarations and appeals.
2. applications, statements and writings of the appeal body in
one Contracting State, to which they have been tabled, without delay
forwarded to the other competent bodies.
3. the application for benefits under one Contracting State
legislation also considered that the application for the corresponding benefit under
the legislation of the other Contracting State. However, this does
non, if the applicant explicitly requests that the determination of law as
acquired under the legislation of the other Contracting State shall
suspended and such cases at hand, that he is under this
Contracting State may choose the date from which
the benefit shall be payable.
4. Set out in one of the Contracting States a pension benefit
without the application shall, unless, prior to that, an express application for
corresponding benefit has been made among insurance agencies in the other
Contracting State, the application shall be regarded as made on the date on which the
pension benefit shall be provided without application in the first
Contracting Governments begin to be deleted; Article 31, third subparagraph, second
the sentence is not affected. Regulation (1991:1183).
Article 32
One Contracting State's yrkeskonsulära authorities of the other
Contracting Government has the right to without submission of power of Attorney, the
förmånsberättigads request, take the measures necessary to ensure
and uphold the rights of citizens of the former State.
In particular, those of the bodies referred to in the first paragraph of article 27
the citizen's interest in making applications, provide explanations, submit
the appeal papers.
Chapter 2. The application and interpretation of the Convention
Article 33
1. the competent authorities may agree on the administrative
measures necessary for the implementation of the Convention. They shall inform the
each other for changes and extensions of the legislation specified in
Article 2.
2. For the purposes of the Convention establishes the following liaison bodies:
in the Federal Republic of Germany
for health insurance
AOK-federal organization, Bonn,
for occupational diseases
the main industrial organization yrkesföreningarnas e. v., Saint
Augustin,
for the pension insurance for manual workers
the State Insurance Office of Schleswig-Holstein, Lübeck,
for the pension insurance for clerical staff
Federal insurance institution for salaried employees, Berlin,
for the pension insurance for miners
Federal mining works organization, Bochum,
for the supplementary insurance for miners
State insurance for Saarlandet, Saarbrücken;
for child support
Central Administration, Federal Detention Center for labour
(child benefit fund), Nürnberg;
in the Kingdom of Sweden
insurance administration, Stockholm. Regulation (1991:1183).
Article 34
Cash benefits can by a Contracting State insurance agencies with
liberating effect granted to a person who resides within the other
Contracting State, in the currency of that State. In
the relationship between the insurer and to benefit eligible
applicable for the recalculation the rate adopted for
the cash amount of the transfer. An insurance agency payments to
an insurance body in the other Contracting State shall be in the
the latter State. An insurance agency payments to a
insurance agencies in the other Contracting State, in the cases referred to in
Article 28 shall be made in the former State.
Article 35
1. Have a Contracting State insurer incorrectly issued
cash benefits, the amount incorrectly paid for
insurance on behalf of the Agency, a corresponding deduction from benefit under
the other Contracting State.
2. Have a Contracting State insurer issued advances
in respect of a benefit under the second Contracting State
law, shall the amount paid deduction from benefit to
Insurance Agency's behalf.
3. Is someone under a Contracting State entitled
to a cash benefit for the time, for which he, or his
family members received benefits from a social services agency in the
other Contracting State, it shall, at the request of the cash benefit
the eligible amount of the social assistance agency
Bill as if it were a social assistance bodies established within the
former State territory.
Article 36
1. disputes between the two Contracting States of the Convention
interpretation or application of the agreement shall, as far as possible, be accompanied by the
competent authorities.
2. can the litigation non settled in this way, the hänskjutes on demand
of a Contracting State to a Court of arbitration.
3. the arbitral tribunal be formed for every particular case by each of
the Contracting States will appoint one Member and these two members
ENAR is a national of a third State as President, the appointed
of the Governments of the two Contracting States. The members appointed in
two months and the Chairman within three months of the one
the other Contracting State that it intends to submit to the
the dispute to a Court of arbitration.
4. If the time limits specified in the third subparagraph, non observed, in the absence
in another arrangement, each of the Contracting States
recourse to the President of the European Court of human
rights with the necessary people's appearance. Is
President national of one of the Contracting States or is he
the other reason prevented, the person appointed by the
Vice President. The Vice President is also a national of one of the
Contracting States or is he also prevented, the persons
appointed to the rank of the then senior member of the Court, that
non nationals of any of the Contracting States.
5. the arbitral tribunal meets its decision by majority decision on
the basis of the present Treaty between the parties, and public international law.
Its decisions are binding. Each of the Contracting States carries
the costs of their members and for their participation in the proceedings before the
the arbitral tribunal. The costs of the Chairman and the remaining costs are borne
of the Contracting States to equal parts. The arbitral tribunal may
decide on the different cost control. Otherwise govern the arbitral tribunal
self their procedure.
TITLE IV
Transitional and final provisions
Article 37
1. this Convention is based, no entitlement to benefits for the period prior to its
date of entry into force.
2. for the application of this Convention shall be taken into account even before the entry into force
occurred elements relevant under the Contracting
States ' laws.
3. Previous rulings prevent non application Convention.
4. Pensions set prior to the entry into force of this Convention,
with regard to the Convention of insurance agencies voluntarily reviewed
without the application. In such cases, be considered, by way of derogation from article 31 other
paragraph, the date of the insurance agency commences proceedings that day
for the application of the other Contracting State.
5. the fourth paragraph Would mean that review under pension not to be
should be deleted or that the pension shall be paid at a lower amount than the last
paid for the period before the entry into force of this Convention, shall
the pension continues to be paid the same amount as before.
Article 38
The attached final Protocol constitutes a component part of this Convention.
Article 39
This Convention shall also apply to Land Berlin, provided that non
Government of the Federal Republic of Germany to the Kingdom of Sweden
Government gives a contrary Declaration within three months after this
the entry into force of the Convention.
Article 40
1. this Convention shall be ratified. The ratification documents shall
as soon as possible are exchanged in Bonn.
2. this Convention shall enter into force on the first day of the second month
After the end of the month, during which the ratification documents
are exchanged.
Article 41
1. the Convention shall be concluded for an indefinite period. Each of the
Contracting States may, in compliance with the three-month
the period of notice to terminate the end of the calendar year.
2. Take the Convention due to dismissal from the force, its
provisions shall apply in respect of the benefit to which the right is acquired
prior to that. Legislation restricting the right to the benefit of the
staying abroad or provide for suspension or withdrawal of the
the benefit of such a case is not applied in respect of the benefit that has just been said.
To EVIDENCE THEREOF the undersigned, being instructed by their
Governments, have signed this Convention and provided it with their
seal.
That TOOK PLACE in STOCKHOLM on 27 February 1976, in two original copies;
both the Swedish and German languages, both texts being equally
an official record.
For The Kingdom Of Sweden
Sven Aspling
For The Federal Republic Of Germany
Dietrich Stoecker
Walter Arendt
Annex 2
Final Protocol
the Convention between the Kingdom of Sweden and the Federal Republic of
Germany on social security
Upon signature of this day between the Kingdom of Sweden and
The Federal Republic of Germany signed the Convention on social security has
the two Contracting States ' accredited representative stated that
agree on the following:
1. in article 2:
(a) Chapter 3 of title II of the Convention) applied to non on the in
The Federal Republic of Germany concerning the supplementary insurance for
miners and old-age assistance for farmers,
b) according to a Contracting State, the conditions
for the purposes of both this Convention and another
Convention or a supranational regulation, it shall
Contracting State insurance bodies in the implementation of the Convention
ignore the other Convention or the supranational
the provision.
(c) the second subparagraph of article 2 of the Convention) and provision for
point (b) above apply non on social security legislation
as for the Federal Republic of Germany complies with the intergovernmental
agreement or of supranational law or relating to the
the application of such agreement or law insofar as
the legislation includes specific regulation of
insurance obligations (Versicherungslastregelungen).
2. in article 3:
a) Special regulation of insurance obligations
(Versicherungslastregelungen) in the agreement, as
The Federal Republic of Germany has concluded with other States concerned.
(b)) a Contracting State relating to the enforcement of
insured and employers ' participation in bodies of insurance agencies
and the judicial self-management and associations in the business
in the field of social security are concerned.
c) Swedish citizens resident outside the Federal Republic of
Germany's territory are eligible for voluntary insurance within
the German pension insurance scheme, if they paid fees with the land effect
for at least 60 months, or was eligible for voluntary
insurance due to transitional provisions that were in force before the
19 October 1972. This also applies to those within the Swedish
refugees and stateless persons residing on the territory referred to in article 3
the second subparagraph (b) and (c).
3. in article 4:
(a)) the German legislation on the provision of benefits for medical,
Professional and complementary rehabilitation through the insurance bodies
for pension insurance is not affected.
b) For residents of Sweden does not apply article 4, first subparagraph, of
Convention in respect of a pension under German legislation for the inability
to work in the occupation, inability to work or reduced
ability to work in the mine, when the inability or impairment also has
their basis in relation to the labour market. Regulation (1991:1183).
4. articles 4 and 21:
The German legislation on benefits
due to occupational diseases, by whose occurrence the damaged non was
insured under German Federal law,
on the basis of periods of insurance completed under German, non
Federal law, not affected.
4 (a) to article 5:
German legislation on health insurance for students applying to students
enrolled in State or State-recognized high school within the
Territory of the Federal Republic of Germany. However, this does not apply in cases
referred to under numbers 8 b. Regulation (1991:1183).
4 b. To article 6:
For workers who are employed by a public employer concerns
Article 6 even in case of a longer transmission time than 24
calendar months. Regulation (1991:1183).
5. Article 6-10:
Subject to a person as referred to in articles 6 to 10 of the law of a
Contracting State as if he were employed in its territory,
It is considered that person as well as his accompanying family members, unless
These do not exercise any employment, also reside in this
Contracting State. The first sentence shall not apply in the case
If the German legislation on the taking into account of periods of
the care of children in the statutory pension insurance scheme. Regulation
(1991:1183).
6. in article 9:
a) persons referred to in the provisions referred to in article 9,
If they are employed in Sweden and German nationality, of the German
the law as if they were employed in the Federal Republic of
Germany. They are regarded as employed in the place where the German
competent authority is situated.
b) If a person referred to in point (a) above was residing in Swedish
territory prior to beginning employment, he may, within three months
After beginning employment opt to be covered by the Swedish
the legislation. Legislation shall apply from the date
the election has been announced.
c) family members of a person by the article 9 aforesaid
conventions are exempt from membership in Sweden, shall
If they become employed in Sweden of a where a resident employer, at
the application of Swedish law are treated as if they were resident
within Swedish territory. Regulation (1991:1183).
7. in article 11:
(a)) for the purposes of the Swedish legislation on the same footing as German
pension with Swedish supplementary pension.
b) in the case of overlapping of a pension under German legislation on
pension insurance with annuity according to the Swedish legislation on
occupational diseases are taken into account in the application of the German
legislation only the bases of the German
calculation of the pension.
c) Article 11 does not concern the German legislation on the repayment of
fees from the statutory pension insurance scheme in case of
persons not mentioned in article 3, second paragraph, or if people who
the second paragraph of article 3 and not covered by the Swedish
legislation on insurance for supplementary pensions. Regulation
(1991:1183).
8. in article 12:
a) settling any who have been insured in accordance with the Swedish
legislation in the territory of the Federal Republic of Germany, he has
the right to optional continued insurance under the German
the legislation. Thus equated termination of enrollment in Swedish
General Insurance Fund with the termination of the insurance required
employment under German law. Insurance
continuing at the for the place of residence of the competent public
local sickness fund. The foregoing shall also apply to persons,
whose right to further insurance derives from another person's
insurance.
(b)) for the right to voluntary on insurance under the German
law on health insurance, the periods of insurance
completed under the legislation of both Contracting States
aggregation in so far as they do not coincide.
c) Article 12 shall also apply to benefits, which, according to the
German legislation issued after discretionary review of a
insurance agencies.
8 (a) to article 13:
Dental benefits are provided during a temporary stay in Swedish
territory regardless of the person's age. Regulation (1991:1183).
8 b. Of article 14:
Article 14 also applies to students who are enrolled in a State or
State-recognised higher education institution in the territory of the Federal Republic of Germany,
If they are family members of a person who is resident in Sweden and
who is insured in accordance with Swedish law. Regulation (1991:1183).
9. in article 15:
(a)) shall be referred to in the first subparagraph the second point the German legislation
applied, published non fee supplements for pensioners
health insurance.
(b)) to the extent that persons who receive pensions from the German
pension insurance, next to the entry into force of the Convention were resident
within Swedish territory and were entitled to defined contribution
under the German legislation on sickness insurance for pensioners,
persists this right as long as they continue to reside within
Sweden's territory.
c) for the purposes of the first paragraph, second paragraph, a pension,
provided under the Swedish legislation on the national pension or
supplementary pension, be considered pension from the pension insurance scheme for
workers.
10. in article 16, third paragraph, and article 20, fifth paragraph:
a) Is someone under German law with regard to the
the Convention entitled to benefits for an injury, for which he
According to other German right can claim compensation by third parties, the
This requirement in so far as German law permits the
insurance agencies who claim benefits.
(b)) When a longer term experiences exist on the application of
Article 16, third paragraph, and article 20, fifth paragraph, try the
Contracting States, if the costs of benefits
referred to in those provisions shall be regulated in other ways. They both
Contracting States shall as far as possible, establish these
costs and at the earliest as from 1990 at the suggestion of one of the
Contracting States take up negotiations on another
cost control. Regulation (1991:1183).
11. in article 17:
Cash benefits under Swedish law because of disease, which
occurs within the territory of the Federal Republic of Germany, are provided only
for the time, for what disease is evidenced by a medical certificate. For the insured,
at the time of the onset is employed in the Federal Republic of
Germany's territory or belongs to the crew of a ship for
flag of Sweden, however, the same rules apply as with onset within
Sweden's territory. Regulation (1991:1183).
12. To article 18:
According to the German law affects a pension from
pension insurance on the size of the benefit from
occupational disease, causes a corresponding pension that is enjoyed
According to the Swedish legislation to the same effect.
13. To article 20:
(a) in the second paragraph) in the specified place of German Insurance Agency can
the privilege granted by the insurance body for the German
occupational disease, which would be competent if the decision on the right to
the privilege was made under German law. Notwithstanding the
Article 20, second paragraph, of the Convention, and what was said in the previous
sentence shall healthcare benefits in the Federal Republic of Germany only
issued by the German Insurance Agency for occupational diseases as soon as
under German law a scheme comes into effect, according to which
healthcare benefits to a person insured with a German sickness fund
only shall be provided by an insurer for occupational diseases.
(b)) the competent body for the measures referred to in the third paragraph is in
Territory of the Federal Republic of Germany occupational in non-life insurance
insurance agencies and within the territory of the Kingdom of Sweden
the national labour market Board. Regulation (1991:1183).
14. in article 22:
(a)) The Swedish legislation referred to in article 22 is the legislation on
insurance for supplementary pensions.
(b)) in application of article 22, first paragraph, the following are equated
periods of insurance periods can be included under the
Swedish legislation:
1. the calendar year during which someone after the age of 16 years she resided in
Sweden's territory before the year 1960, to the extent that the person in question for
these years calculated to the Swedish state income tax taxable income.
2. Calendar year prior to 1974, the seamen's tax according to Swedish law has
paid.
c) for providing preferential addition under the German legislation on
pension insurance for miners take no account of periods of insurance
may be credited according to the Swedish legislation.
the first subparagraph of article 22 (d)) has within the German pension insurance scheme
apply with respect to the benefits, which are provided for
Insurance Agency's discretion.
e) for the purpose of applying German legislation on the calculation of pension,
especially the higher valuation of contribution periods for performance of a
certain minimum number of years of insurance, are not considered Swedish
periods of insurance.
f) for the purposes of such German legislation which makes entitlement to a pension
in case of inability to work in the occupation, inability to work
or a reduced ability to work in mine addicted to some
mandatory fees paid within a specified period of time before
pension case occurred and as to the determination of this
period of time provides that certain times are not included, this applies even
for corresponding times, during which early retirement pension or old-age pension
or sickness or occupational injury (except annuities)
be paid under Swedish law or unemployment benefits
payable under the Swedish legislation on unemployment insurance
and cash labour market support, as well as for corresponding times with care
of children in Sweden.
g) according to the German law regulating effect on
proportional assessment of adoption time and proportionally
additional amount to an orphan's pension, do not apply article 22 fifth and
six pieces for fall, on which this Regulation shall apply.
Regulation (1991:1183).
15. in article 24, first paragraph:
On German citizens with regard to residence within and
but Sweden and related facts
apply the Swedish legislation, in force at the entry into force
of the additional agreement. Later more favourable legislation
are not affected. Regulation (1991:1183).
15. to article 25:
a) is less than in cases where both spouses are entitled to a national pension,
the total amount of pensions the pension which would accrue to one of
the spouses if only he was a pensioner, förhöjes pensions
difference amount. This is prorated between the two
pensions.
(b)) the condition of entitlement to supplementary pensions referred to in the first subparagraph shall
be deemed to be met if the person in question or, in the case of
a widow's or orphan's pension, for the deceased to the Swedish Government
income tax act taxable income for the year before the year 1960, but during
provided that the number of these years, when necessary in total with year
for which pension points credited within the insurance for
supplementary pensions as well as with insurance times in German
pension insurance is not less than three. In that regard, like spot's twelve
within the German pension insurance scheme of insurance months with
a year in which the Swedish state income tax taxable income
calculated.
(c)) with the years for which pension points credited within the insurance
for supplementary pensions, similar establishment for the purposes of the provisions of
the first paragraph of the pension calculation years before in 1960, for which
calculated to Swedish state income tax taxable income.
d) Makes any claims to pension on the basis of the provisions in
(b) or (c) above, he shall, in so far as the necessary strength to
the conditions for pension entitlement.
16. in title II, Chapter 4:
If a child has the right to grant advances under Swedish law
only with regard to number 5, is the right to advances
According to German law precluded. Regulation (1991:1183).
16. to article 26:
a) legislation on the calculation of supplementary pensions for Swedish
citizens, who were born before the year 1924, not affected.
b) legislation on crediting of pension credits for foreign
citizens on the basis of employment on board a Swedish merchant vessel
not affected.
17. the Convention relating to non-relevant provisions of German law
that means more favourable rules for persons who inflicted damage to the
due to his political stance, or on the basis of race, faith or
philosophy of life.
That TOOK PLACE in STOCKHOLM on 27 February 1976, in two original copies;
both the Swedish and German languages, both texts being equally
an official record.
For The Kingdom Of Sweden
Sven Aspling
For The Federal Republic Of Germany
Dietrich Stoecker
Walter Arendt
Transitional provisions
1991:1183
This Regulation shall enter into force on 1 August 1991.
The new rules also apply to Land Berlin unless the German
Government to the Swedish Government makes a declaration to the contrary
within three months after the entry into force.
