Key Benefits:
Translation 1
(State 1 Er March 2012)
(1) In this Agreement,
(2) Any term not defined in this section has the meaning assigned to it by the applicable legal provisions.
(1) With respect to Japan, this Agreement shall apply
(2) With regard to Switzerland, this Convention shall apply:
However, s. 5, 13 to 19, 24, 25, 28 (except para. 3) and 30, para. 2, of this Agreement shall apply only to the laws cited in the provisions of this Agreement. A and b.
This Agreement shall apply to:
(1) For the application of Japanese legal provisions:
(2) For the purposes of the Swiss legal provisions:
(1) For the application of Japanese legal provisions:
(2) For the purposes of the Swiss legal provisions,
Where the present Convention does not provide otherwise, the obligation of insurance of a person engaged in self-employed or employed gainful employment in the territory of one of the Contracting States shall be governed exclusively by the provisions Of this state.
(1) Persons insured in one of the Contracting States and employed by an undertaking having its registered office in the territory of that State which are temporarily separated by their employer in the territory of the other State, or from the territory of the First State, either from the territory of a third State, shall remain subject for the first five years of secondment to the legal provisions of the first State, as if they carried out their gainful occupation in the territory of the first State, for As long as the foreseeable duration of the secondment does not exceed five years.
(2) If the period of secondment referred to in s. 1 extends beyond five years, subjection to the legal provisions of the first State may be maintained by mutual agreement between the competent authorities or institutions of the two States.
However, if the extension of the first posting of five years does not exceed one year, the competent authorities or institutions of the first State may retain the legal provisions of the first State without prior agreement The competent authorities or institutions of the other State.
(3) Where persons insured in one of the Contracting States and habitually engaged in an independent gainful occupation in the territory of that State temporarily engage in an independent gainful occupation only in the territory of The other State, they remain subject for the first five years to the legal provisions of the first State, as if they exercised their activity in the territory of the first State, provided that the expected duration of the gainful activity In the territory of the other State shall not exceed five years.
(4) If the duration of the independent gainful occupation carried on in the territory of the other State in accordance with par. 3 extends beyond five years, subjection to the legal provisions of the first State may be maintained by mutual agreement between the competent authorities or institutions of the two States.
However, if the extension of this five-year independent profit-making activity in the territory of the other State does not exceed the one-year period, the competent authorities or institutions of the first State may maintain the liability The legal provisions of the first State without prior agreement by the competent authorities or institutions of the other State.
(5) paras. 1 and 3 of this Article shall not apply to persons employed in Japanese territory by an employer who has its registered office in that territory or to persons habitually engaged in self-employment in the territory of Japan If these persons are not insured according to the Japanese legal provisions relating to the Japanese annuities designated under Art. 2, para. 1, paragraph a, c. I to v.
Persons engaged in gainful employment on a ship flying the flag of one of the Contracting States which would be subject to the legal provisions of both States are subject only to the legal provisions of that State. For the purposes of this Article, activity on a vessel flying the Swiss flag shall be treated as an activity carried on on Swiss territory.
In derogation from the preceding paragraph, persons employed by an employer whose permanent establishment is situated in the territory of the other State shall be subject only to the legal provisions of that State.
(1) This Convention shall not affect the Vienna Convention of 18 April 1961 on Diplomatic Relations 1 The Vienna Convention of 24 April 1963 on Consular Relations 2 .
(2) Subject to subs. 1, persons employed in the public services of one of the Contracting States and persons assimilated according to the legal provisions of that State which are separated in the territory of the other State are subject to the legal provisions of the First State as if they exercised their activity in the territory of that State.
At the request of an employee, an employer or an independent, the competent authorities or institutions of both Contracting States may, by mutual agreement and in favour of persons or categories of specified persons, provide for derogations Art. 6 to 9, provided that such persons or categories of persons are subject to the legal provisions of one of the Contracting States.
(1) The Swiss legal provisions do not apply to the spouse and children accompanying a person working on Swiss territory subject to the Japanese legal provisions under Art. 7, 9, para. 2, or 10, unless they themselves engage in a gainful occupation in Switzerland.
(2) The following provisions shall apply to the spouse and children accompanying a person working in the territory of Japan, subject to the Swiss legal provisions under s. 7, 9, para. 2, or 10:
The spouse or children who, under this paragraph, are not subject to the Japanese legal provisions relating to systems referred to in s. 2, para. 1, let. A, ch. I and b, c. Iii and vii are subject to Swiss legal provisions as if they had their domicile in Switzerland.
Art. 6 to 8, 9, para. 2, and 11 only apply to compulsory insurance in accordance with the legal provisions of the Contracting State concerned.
(1) Where periods of insurance completed by a person do not qualify for entitlement to Japanese benefits, the competent Japanese institution shall take into account, in order to determine the birth of the right In accordance with this Article, periods of insurance completed in accordance with Swiss legal provisions, provided that they do not overlap with periods of insurance completed in accordance with Japanese legal provisions.
However, the preceding sentence does not apply to the supplementary pensions of certain professional branches in the context of the Mutuals or to the lump-sum payments assimilated to the refund of contributions.
(2) For the purposes of s. 1 of this Article, periods of insurance completed in accordance with Swiss legal provisions shall be taken into account as periods of insurance in the Japanese pension system of employees and as periods assimilated to them in the system Of a popular pension.
(1) Where the Japanese legal provisions provide for the birth of the right to invalidity or survivors' benefits (with the exception of lump sum payments assimilated to the refund of contributions) than the date of the first examination Medical or death must fall within a specified period of insurance, this condition is deemed to be fulfilled when the date falls within a period of insurance performed according to the Swiss legal provisions.
On the other hand, where a person has, without this Article, the right to invalidity benefits or survivors of the public pension system (with the exception of lump sum payments assimilated to the reimbursement of contributions), the This article does not apply in order to establish a right to invalidity benefits or survivors of the Japanese pension system based on the same insured event.
(2) For the purposes of s. 1 of this Article, where a person has completed periods of insurance in more than one Japanese system of employee annuities, the condition laid down in par. 1 is deemed to be completed for one of these systems according to Japanese legal provisions.
(3) Art. 5, para. 1, does not affect Japanese legal provisions that a person aged 60 or over, but under the age of 65, must have his or her ordinary residence on Japanese territory at the time of the first medical examination or death for Be entitled to the basic disability pension or survivors' pension.
(1) Where a person is entitled to a Japanese benefit under s. 13, para. 1, or s. 14, para. 1, the competent Japanese institution calculates the benefit in accordance with Japanese legal provisions, subject to subs. 2 to 5.
(2) For the calculation of the basic disability pension and other benefits, the amount of which does not depend on the period of insurance, and in so far as the conditions of grant laid down in Art. 13, para. 1, or 14, para. 1, the amount to be allocated is calculated on the basis of the ratio between the total contribution periods and the non-contribution periods in the pension system, on the one hand, and the total of the periods of Assessment, non-contributory periods and periods of insurance completed under Swiss legal provisions, on the other hand.
(3) For the calculation of invalidity benefits and survivors of Japanese pension systems-provided that the amount of the benefits to be allocated is determined on the basis of the duration of the determining insurance according to the legal provisions Japanese, where the periods of insurance completed in those systems are less than the period of determining insurance and the conditions of grant laid down in Art. 13, para. 1, or 14, para. 1, are fulfilled-the amount to be allocated is calculated according to the ratio between periods of insurance completed in the Japanese pension systems and the total insurance periods and periods of insurance completed according to the Swiss law. However, if the total insurance periods exceed the fixed-term insurance period, the periods of insurance shall be deemed to be equal to the life insurance period.
(4) If the claimant has completed periods of insurance in more than one Japanese employee pension system, for the purpose of calculating the benefits of such annuities according to s. 2 and 3 of this section, the periods of contribution completed in the system serving the benefits referred to in s. 2 or periods of insurance completed in the Japanese system of annuities of the employees referred to in par. 3 correspond to the total insurance periods completed in all these annuities. The method of calculation referred to in par. 3 of this Article and in the preceding sentence shall not apply, however, where the sum of the periods of insurance is equal to or greater than the life insurance period according to the Japanese legal provisions within the meaning of subs. 3 of this article.
(5) For the calculation of the supplementary pension for the spouse included in the old-age pension of employees and all other benefits allocated in the form of a fixed amount, in cases where the periods of insurance completed in the Japanese employees' pensions systems correspond to the period of determining insurance according to the Japanese legal provisions or exceed this period, the amount to be allocated is calculated according to the ratio between the periods completed in the Japanese pension system for benefits and life insurance period.
(1) Persons subject to s. 3, let. A, ch. I, which, immediately before rehabilitation measures are taken into account, are subject to the obligation to contribute to Swiss old-age and survivors' insurance and to Swiss invalidity insurance are entitled to such measures As long as they stay in Switzerland.
(2) Persons subject to s. 3, let. A, ch. I, without gainful occupation which, immediately before the rehabilitation measures are taken into account, are not subject to the obligation to contribute to Swiss old-age and survivors' insurance and to Swiss invalidity insurance Due to their age, but still insured, are entitled to the rehabilitation measures as long as they retain their residence in Switzerland, provided that they have resided there without interruption for at least one year immediately before the The occurrence of disability. Minor children referred to in s. 3, let. A, ch. I also have the right to such measures when they are domiciled in Switzerland and are born invalids or have resided there without interruption since their birth.
(3) Persons subject to s. 3, let. A, ch. I, domiciled in Switzerland who leave that country for a period not exceeding three months shall not interrupt their residence in Switzerland within the meaning of s. 2 of this article.
(4) Children referred to in s. 3, let. A, ch. I, born invalids in Japan and whose mother stayed in Japan for a total period of not more than two months before the birth, but kept his residence in Switzerland, are treated as disabled children born in Switzerland. In the case of a congenital infirmity of the child, the Swiss Disability Insurance shall bear the costs which have resulted in Japan during the first three months after the birth, within the limits of the benefits which should have been granted to it in Switzerland.
(5) Le par. 4 of this Article shall apply mutatis mutandis to children referred to in Art. 3, let. A, ch. I, born invalids outside the territory of the Contracting States; in this case, however, the Swiss disability insurance only pays the cost of the benefits abroad which had to be granted there as a matter of urgency due to the state of Child health.
(1) Where periods of insurance completed by a person under Swiss law do not, on their own, permit the fulfilment of the requirements for entitlement to an ordinary pension of the Swiss disability insurance, The competent Swiss insurance institution shall take into account, in order to determine the birth of the right to benefits, periods of insurance completed in accordance with Japanese legal provisions, provided that they do not overlap with periods Insurance completed in accordance with Swiss legal provisions.
(2) If the periods of insurance completed under Swiss legal provisions are less than one year, subs. 1 does not apply.
(3) For the determination of benefits to which a person is entitled under Swiss legal provisions in accordance with s. 1 of this Article, only periods of insurance completed in accordance with Swiss legal provisions shall be taken into account.
(1) Persons subject to s. 3, let. A, ch. I, or their survivors who are not resident in Switzerland, when they are entitled to a partial ordinary pension of Swiss old-age and survivors insurance, the amount of which does not exceed 10 % of the corresponding full ordinary pension, Receive instead of such a partial pension, a flat-rate allowance equal to the present value of the pension due according to the Swiss legal provisions at the time of the insured risk. Persons subject to s. 3, let. A, ch. I, or their survivors who have benefited from such a partial pension, when they leave Switzerland permanently, also receive an allowance equal to the present value of that pension at the time of departure.
(2) Where the amount of the partial ordinary annuity is greater than 10 %, but does not exceed 20 % of the corresponding ordinary annuity, the persons referred to in s. 3, let. A, ch. I, or their survivors who are not resident in Switzerland or who leave the country permanently, may choose between the payment of the annuity and the payment of an allowance. This choice must be made in the course of the procedure for the fixing of the pension, if the right holder resides outside Switzerland at the time of the insured event, or when he leaves Switzerland, if he has already received an annuity.
(3) For married couples of which both spouses were insured in Switzerland, the lump-sum benefit is paid to a spouse in place of a Swiss old-age pension only if the other is also entitled to a Swiss pension.
(4) Where the lump-sum benefit has been paid by Swiss insurance, it is no longer possible to claim entitlement insurance based on the contributions paid so far.
(5) paras. 1, 2 and 4 of this Article shall apply mutatis mutandis to the ordinary pensions of the Swiss Disability Insurance as long as the person entitled to it is 55 years of age and no review of the conditions of grant relating to the condition of invalidity of the right holder Is expected.
(1) Persons subject to s. 3, let. A, ch. I, or their survivors are entitled, on the same conditions as Swiss nationals, to an extraordinary survivor or invalidity pension, or to an extraordinary old age pension following an extraordinary survivor's pension Or disability, if, immediately before the date on which the person applies for the pension, the person has resided in Switzerland continuously for at least five years.
(2) For the purposes of s. 1 of this article:
(1) The competent authorities of the Contracting States:
(2) For the purposes of this Convention, the competent authorities and institutions of the Contracting States shall assist each other in the context of their powers. This help is free.
(1) The exemption or reduction of fees and fees, including administrative and consular fees, provided for in the legal provisions and other laws and requirements in force in one of the Contracting States for the documents to be produced in Application of the legal provisions of that State shall extend to documents to be produced pursuant to this Convention or the legal provisions of the other Contracting State.
(2) The legalization or other similar formalities of diplomatic or consular authorities shall not be required for documents to be produced pursuant to this Convention or the legal provisions of any of the Contracting States.
(1) For the purposes of this Convention, the competent authorities and institutions of the Contracting States may correspond directly with each other and with the persons concerned, irrespective of their place of residence, in Japanese or in One of the official languages of Switzerland.
(2) For the purposes of this Agreement, the competent Japanese authorities and institutions may not refuse to process applications or take into consideration other acts because they are in an official language of the Switzerland and the competent Swiss authorities and institutions may not refuse to process applications or take into account other acts because they are drafted in Japanese.
(1) The competent authorities or institutions of one of the Contracting States shall transmit to the competent authorities and institutions of the other State the personal data collected in accordance with the legal provisions of the first State, in accordance with the Legal provisions of that State and other laws and requirements in force only if this is necessary for the application of this Convention.
(2) With respect to transmission under s. 1 of this Article, personal data shall be protected by the legal provisions and other laws and requirements in force in the Contracting States, as well as by the following provisions:
(1) Where a request for a written benefit, an appeal or a declaration under the legal provisions of one of the Contracting States is filed with a competent authority or institution of the other State responsible for receiving Applications, appeals or similar declarations in accordance with the legal provisions of that State, that application, appeal or declaration shall be deemed to have been filed on the same day with the competent authority or institution of the first State and are processed according to the procedure and the legal provisions of the first State.
(2) The competent authority or institution of one of the Contracting States shall immediately forward the application for benefits, the appeal or the declaration filed under subs. 1 of this article to the competent authority or institution of the other State.
Payment of benefits under this Agreement may be made in the currency of one of the Contracting States. In the event that one of the Contracting States issues requirements submitting trade or the payment of currency to restrictions, the governments of both Contracting States shall immediately agree on the measures to be taken to ensure payment Benefits payable by the Contracting States pursuant to this Convention.
Disputes between the Contracting States resulting from the interpretation or application of this Convention shall be settled in consultation between the Contracting States.
Headings of titles, chapters and articles of this Agreement are used solely to simplify quotations and have no impact on the interpretation of this Agreement.
(1) This Agreement does not confer any entitlement to benefits for the period prior to its coming into force.
(2) The periods of insurance completed and the events which occurred before the date of entry into force of this Convention shall also be taken into account for the application of the said Convention.
(3) For the purposes of s. 7, para. 1 or 3, to persons who, before the entry into force of this Convention, worked in the territory of one of the Contracting States, the secondment or the independent gainful occupation within the meaning of Art. 7, para. 1 or 3, shall commence on the date of entry into force of the said Convention.
(4) In the event of an application under the legal provisions of one of the Contracting States, the time limits for the filing of applications shall not run before the entry into force of this Convention.
(5) Decisions before the entry into force of this Convention shall not preclude the rights arising from the entry into force of this Convention.
(6) Applications processed prior to the entry into force of this Agreement shall be reviewed on the basis of this Agreement at the request of the person concerned. Under no circumstances shall such a review reduce the amount of the benefit previously granted.
(7) This Agreement does not apply to rights that are extinguished by the payment of a lump sum or by the refund of contributions.
This Convention shall enter into force on the first day of the third month following that in which the Contracting States have notified each other, through diplomatic notes, the completion of the national constitutional procedures required for the The entry into force of that Convention.
(1) This Agreement is for an indefinite period of time. Either Contracting State may denounce it in writing using diplomatic channels. In this case, it shall remain in force until the last day of the twelfth month following the month in which the denunciation was notified.
(2) In the event of the termination of this Agreement by s. 1 of this Article, the benefit and payment entitlements acquired under this Agreement shall be maintained.
In witness whereof , the undersigned, duly authorized by their Government, have signed this Agreement.
Done at Berne, October 22, 2010, in two originals in English.
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RO 2012 1579 ; FF 2011 2397
1 Translation of original English text.
2 RO 2012 1577
