Key Benefits:
Original text
(State 1 Er April 2015)
In accordance with Art. 23, let. A, of the Social Security Convention of 11 April 2013 between the Swiss Confederation and the Eastern Republic of Uruguay 1 Hereinafter referred to as "the Convention", the competent authorities, namely:
The terms used in this administrative arrangement have the same meaning as in the agreement.
(1) Liaison organizations within the meaning of s. 23, let. B, of the Convention are:
(2) The competent institutions shall be:
(1) In cases referred to in s. 7, para. 1, of the Convention, the institutions of the Contracting State whose legal provisions are applicable attest on the request of the employer that the data subject remains subject to these legal provisions.
(2) The certificate referred to in s. 1 is established on the form provided for this purpose:
(1) In the event of an extension of the secondment pursuant to s. 7, para. 2 of the Convention, the State of origin shall submit the application before the expiry of the initial period of secondment to the other State. The latter will communicate the decision adopted.
If the extension is not granted, the worker will be subject to the expiry of the initial period of secondment to the legislation of the State in which the activity is carried out.
(2) For the purpose of s. 1, applications and decisions are made:
(1) For the exercise of the right of option under s. 8, para. 2, of the Convention:
(2) Where an employed person referred to in s. 8, para. 2, of the Convention opts for the legal provisions of the Contracting State represented, it shall be granted by the competent institution of that State a certificate certifying that it is subject to these legal provisions. This certificate must be presented to the competent institution of the State in which it operates.
(3) In cases referred to in s. 8, para. 6 of the Convention, the persons concerned shall announce themselves to the competent institution of the State in which they operate, either at the time they begin to carry on that activity or at the time of the entry into force of the Convention. Convention if they already carry on their business without being insured.
In the cases referred to in s. 10, para. 2 of the Convention, the persons concerned shall announce themselves to the competent cantonal compensation fund.
(1) Persons residing in Switzerland who claim to receive old-age, invalidity or survivors' benefits under the Uruguayan legislation shall send their application directly to the Swiss Compensation Fund. The latter record the date of receipt on the form, checks whether the application is fully established and controls all the official documents and documents. It then forwards the application as well as the supporting documents and documents to the Social Welfare Bank. This body may apply to the Swiss Pension Fund for additional information and certificates, which it may also obtain directly from the applicant or from employers or other institutions.
(2) Persons residing in Uruguay who claim to receive old-age, survivor or invalidity insurance benefits directly apply to the Social Welfare Bank. This organization records the date of receipt on the form, verifies that the application is complete and controls all the official documents and supporting documents. It then transmits the application as well as the supporting documents and documents attached to the Swiss clearing fund or the DI Office for insured persons residing abroad. The latter may request additional information and testimonials from the Uruguayan body, which may also be obtained directly from the applicant or from employers or other institutions.
(3) In derogation from s. 1 and 2 of this article, persons may also direct their request to the competent institution.
(4) Persons residing in a third State who claim to receive old-age, invalidity or survivors' benefits according to the legal provisions of one of the Contracting States shall apply directly to the competent institution of that State Contractor.
(5) The forms referred to in s. 12, para. 1, are used for processing applications.
(1) In addition to the requests and evidence referred to in the preceding Article, the liaison body which receives the documentation shall send to the liaison body of the other Contracting State a liaison form, indicating in particular the periods of insurance Completed in accordance with the laws of the first Contracting State.
(2) On receipt of the form, the competent institution of the other Contracting State shall determine the right of the applicant, notify it of its decision and send a copy to the liaison body of the other Contracting State.
(3) The decision shall specify:
(1) Where s. 13, para. 3 and 6 of the Convention, the Uruguayan nationals or their survivors may choose between the payment of the annuity or the payment of a single allowance, the Swiss Compensation Fund shall disclose to them the amount that would be paid to them, if any In place of the annuity, as well as the total length of insurance periods taken into account.
(2) The right person must make an election within 60 days of receiving the communication from the Swiss Compensation Fund.
(3) Where the person who is entitled does not make the election within the time limit set out in s. 2, the Swiss compensation fund grants him the one-off compensation.
(4) The insured person shall be informed of this legal effect in the communication referred to in s. 1.
The competent institution shall notify its decision on the right to benefit directly to the applicant with an indication of the legal channels and shall send a copy thereof to the competent institution of the other Contracting State.
Benefits shall be paid to right holders by the debtor institution in accordance with the legal provisions applicable to it.
(1) The competent authorities of the two Contracting States or the liaison bodies shall establish by common agreement the forms necessary for the application of the Convention.
(2) In order to facilitate the application of the Convention, liaison bodies may agree on measures relating to the electronic exchange of data.
The liaison bodies of the two Contracting States shall, for each calendar year at the latest by the end of the first half of the year, transmit the statistics on payments to beneficiaries under the Convention. The statistics shall contain, for each type of benefit, the number of beneficiaries and the total amount of the benefits allocated.
(1) Beneficiaries of benefits granted under the legal provisions of one of the Contracting States resident in the territory of the other Contracting State shall communicate to the competent institution either directly or through the intermediary Liaison bodies, any change in their personal or family circumstances, their state of health or their ability to work and gain, which may affect their rights or obligations under the legal provisions mentioned in Art. 2 of the Convention or in the light of the provisions of the Convention.
(2) The institutions shall inform each other or through the liaison bodies of all changes within the meaning of s. 1 which have been communicated to them.
The administrative costs resulting from the application of the Convention and this administrative arrangement shall be borne by the bodies responsible for implementing these texts.
This administrative arrangement shall enter into force on the same date as the agreement and shall remain applicable for the same period.
Done at Berne, on February 19, 2015, in two originals, one in French and the other in Spanish, both copies being equally authentic.
For the Federal Social Insurance Office: Stephan Cueni |
For the Social Security Bank: Jorge Meyer |
1 RS 0.831.109.776.1