Key Benefits:
Original text
(State 1 Er April 2015)
(1) For the purposes of this Agreement:
(2) Any term not defined in this Article shall have the meaning assigned to it by the applicable legal provisions of the Contracting States.
(1) Where the Convention does not otherwise dispose of it, this Agreement shall apply:
(2) This Convention shall also apply to all legal provisions codifying, amending or supplementing the legal provisions listed in s. 1 of this article.
(3) In derogation from s. 1 and 2 above, this Convention shall apply to legal provisions which cover a new branch of social security only if the Contracting States so agree.
This Agreement shall apply to:
(1) Where this Convention does not provide otherwise, nationals of one of the Contracting States, members of their families and their survivors shall have, in respect of the application of the legal provisions of the other Contracting State, The same rights and obligations as nationals of that State, members of their families and survivors.
(2) Le par. 1 is not applicable to Swiss legal provisions on:
(1) Persons subject to s. 3, let. A and b, eligible for cash benefits under the legal provisions listed in s. 2, receive these benefits in full, without any restriction, as long as they reside in the territory of one of the Contracting States. The s. 2 and 3 of this article are reserved.
(2) The ordinary pensions of Swiss disability insurance granted to insured persons with a disability rate of less than 50 %, as well as extraordinary annuities and incapacity allowances for old-age, survivors and invalidity insurance Switzerland, are paid only to persons domiciled in Switzerland.
(3) Cash benefits under the legal provisions of one of the Contracting States shall be granted by that State to nationals of the other State and to members of their families and survivors residing in a third State And to the same extent as to its own nationals and to members of their families and survivors residing in that third State.
Persons who engage in a gainful occupation in the territory of one of the Contracting States shall be subject to the legal provisions of the State in whose territory the activity is carried out. Art. 7 to 9 are reserved.
(1) Persons employed by a business having its registered office in the territory of one of the Contracting States and who are sent on the territory of the other to carry out temporary work in the territory of the other Contracting State shall remain subject to a maximum period of 24 months The legal provisions of the State in whose territory the company has its registered office.
(2) If the duration of the secondment extends beyond 24 months, subjection to the legal provisions of the first State may be maintained for a further period of 24 months, subject to prior consent of the competent authority of the other State.
(3) Persons employed by an air transport undertaking having its registered office in the territory of one of the Contracting States and who carry on their business in the territory of the two States shall be subject to the legal provisions of the State on the Territory of which the company has its registered office, as if they were occupied only in that territory. However, if these persons are domiciled in the territory of the other State, or if they are permanently occupied in a branch or permanent representation of that enterprise, they shall be subject to the legal provisions of that State.
(4) Officials and persons assimilated from one of the Contracting States who are seconded to the territory of the other State shall be subject to the legal provisions of the State which has seconded them.
(5) Persons engaged in gainful employment on a ship flying the flag of one of the Contracting States shall be subject only to the legal provisions of that State. For the purposes of this Article, activity on a ship flying the flag of a Contracting State shall be assimilated to an activity carried on in the territory of that State.
(1) Nationals of one of the Contracting States sent as members of a diplomatic mission or consular post in the territory of the other State shall be subject to the legal provisions of the first State.
(2) Nationals of one of the Contracting States who are engaged in the territory of the other in the service of a diplomatic mission or of a consular post of the first State shall be insured according to the legal provisions of the second State. They may opt for the application of the legal provisions of the first State within a period of three months from the start of their activity or the date of entry into force of this Convention.
(3) Le par. 2 is also applicable:
(4) Where a diplomatic mission or consular post of one of the Contracting States occupies in the territory of the other State persons who are insured according to the legal provisions of the second State, the representation shall comply with the Obligations that the legal provisions of that State impose on employers in general. The same rule applies to nationals referred to in s. 1 and 2 who occupy such persons in their personal service.
(5) paras. 1 to 4 are not applicable to honorary members of consular posts or their employees.
(6) Nationals of one of the Contracting States who are employed, in the territory of the other, in the service of a diplomatic mission or consular post of a third State who are not insured in that third State or in their country Of origin, are insured according to the legal provisions of the State in whose territory they carry on their activity.
In the case of Swiss old-age, survivors and invalidity insurance, the rule shall apply mutatis mutandis to spouses and children of insured persons living with them in Switzerland, provided that they are not already insured under the Swiss legal provisions.
The competent authorities of both Contracting States may, by mutual agreement, provide for derogations from art. 6, 7 and 8.
(1) Where a person referred to in s. 7, 8, para. 1 and 2, or 9 which carries on a gainful occupation in the territory of one of the Contracting States remains subject to the legal provisions of the other Contracting State, these legal provisions shall apply to the spouse and the children who live with it In the territory of the first State, provided that they themselves do not engage in a gainful occupation.
(2) Where, in accordance with s. 1, the Swiss legal provisions apply to the spouse and the children, the latter are insured in the Swiss old-age, survivors and invalidity insurance.
(1) Uruguayan nationals subject to the obligation to contribute to Swiss old-age, survivors and invalidity insurance immediately before the invalidity of the invalidity are entitled to the rehabilitation measures as long as they stay in Switzerland.
(2) Uruguayan nationals without gainful employment who, at the time of invalidity, are not subject to the obligation to contribute to Swiss old-age, survivors and invalidity insurance, because of their age, but who Insured persons 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 occurrence of the disability. Children who are minors are also entitled to such measures when they are domiciled in Switzerland and are born invalids or have resided there without interruption since their birth.
(3) Uruguayan nationals residing in Switzerland who leave that country for a period not exceeding three months shall not interrupt their residence within the meaning of s. 2.
(4) Children who were born invalids in Uruguay and whose mother stayed in Uruguay for a total period of at most two months during her pregnancy, but kept her residence in Switzerland, are treated as disabled children in Switzerland. In the case of congenital infirmity of the child, the Swiss Disability Insurance shall bear the resulting costs in Uruguay for the first three months after the birth, within the limits of the benefits which should have been granted to the child. Switzerland. The first two sentences of this paragraph shall apply mutatis mutandis to children born invalid outside the territory of the Contracting States; in such case, the Swiss Disability Insurance shall, however, only bear the cost of the benefits to be paid. Foreign nationals who must be granted emergency funding because of the child's 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 insurance institution adds, in order to determine the birth of the right to benefits, periods of insurance completed in accordance with the Uruguayan legal provisions, provided that they do not overlap with periods of insurance Completed according to 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 fixing of benefits, only periods of insurance completed in accordance with Swiss legal provisions shall be taken into account. The benefits are fixed under Swiss legal provisions.
(1) Uruguayan nationals and their survivors are entitled to ordinary pensions and allowances for the impotent of Swiss old-age and survivors' insurance under the same conditions as Swiss nationals and their survivors. The s. 2 to 5 are reserved.
(2) Uruguayan nationals or their survivors who are not resident in Switzerland, when they are entitled to a partial ordinary pension of which the amount does not exceed 10 % of the corresponding full ordinary annuity, shall be paid in place of that Partial annuity a single allowance equal to its present value. Uruguayan nationals 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.
(3) Where the amount of the partial ordinary pension is greater than 10 %, but does not exceed 20 % of the corresponding full ordinary pension, the Uruguayan nationals or their survivors who are not resident in Switzerland or who are leaving Definitively the country may choose between the payment of the annuity and the payment of a single allowance. This choice must be made in the course of the procedure for the fixing of the pension, if the person concerned resides outside Switzerland at the time of the insured event, or when it leaves the country, if it has already benefited from an annuity.
(4) For married couples of which both spouses were insured in Switzerland, the single allowance is payable to a spouse only if the other spouse is also entitled to an annuity.
(5) Where this single allowance has been paid by Swiss insurance, it is no longer possible to claim this insurance of fees based on the contributions paid so far.
(6) paras. 2 to 5 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 there is no intention to review the conditions for the granting of benefits.
(1) Uruguayan nationals 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 If, immediately before the date on which the person requests the pension, the person has resided in Switzerland continuously for at least five years.
(2) The period of residence in Switzerland within the meaning of s. 1 is deemed to be uninterrupted when the person concerned has not left Switzerland for more than three months each calendar year. In exceptional cases, the three-month period may be extended. On the other hand, the periods during which Uruguayan nationals residing in Switzerland were exempt from insurance with Swiss old-age, survivors and invalidity insurance are not counted in order to determine the length of residence in Switzerland. Switzerland.
(3) Reimbursement of contributions to Swiss old-age and survivors' insurance and the one-time benefits provided for in s. 13, para. 2 to 6, does not prevent the granting of extraordinary annuities within the meaning of s. 1; in such cases, the contributions reimbursed or the allowances paid are, however, deducted from the annuities to be allocated.
(1) In place of a Swiss pension, Uruguayan nationals who have permanently left Switzerland may, on request, obtain a refund of contributions paid to Swiss old-age and survivors' insurance. Their survivors who have left Switzerland and who are not Swiss nationals can also claim the reimbursement. The refund is governed by the Swiss legal provisions in this respect.
(2) Once the refund of contributions has taken place, it is no longer possible to claim entitlement to Swiss old-age, survivors and invalidity insurance on the basis of previous periods of insurance.
Where the Uruguayan legal provisions require the acquisition, maintenance or recovery of the right to be provided for a certain number of periods of insurance, the competent institution shall take account of the Periods of insurance completed in the Swiss social security scheme, as if they were periods completed according to their own legal provisions, provided that they do not overlap.
The insured person who has been subject successively or alternately to the legal provisions of both Contracting States is entitled to the old-age, invalidity and survivors' benefits under the following conditions:
Where the entitlement is opened by totalizing the periods, the calculation of the benefit shall be carried out in accordance with the following provisions:
In the event of a refund of contributions before the entry into force of this Convention or in accordance with its art. 15, the competent Uruguayan institution will nevertheless add the periods of insurance completed in accordance with Swiss legal provisions to periods completed according to its own legal provisions for the purposes of establishing and calculating benefits Uruguayans.
Where a person may not be entitled to a Uruguayan benefit taking into account the periods of insurance completed in the two Contracting States in accordance with Art. 16, his right to benefit shall be determined taking into account these periods as well as periods completed in accordance with the legal provisions of third States with which Uruguay has concluded social security conventions which provide for aggregation Periods of insurance.
The death allowance is granted by the competent Uruguayan institution when the deceased was insured under the Uruguayan legal provisions at the time of death.
In order to determine the infringement of working capacity for the purpose of granting a corresponding invalidity pension, the competent Uruguayan institution shall carry out an evaluation in accordance with its own legal provisions.
(1) The benefits of persons affiliated with a pension fund management company in Uruguay shall be financed by the amount of contributions accumulated in their individual foresight accounts.
(2) The benefits granted by the compulsory individual savings scheme are in addition to the benefits paid by the solidarity scheme, where the insured person fulfils the conditions laid down by the legal provisions in force, the case By applying the aggregation of insurance periods.
The competent authorities shall:
(1) For the purposes of this Convention, the authorities, liaison bodies and institutions of the Contracting States shall assist each other as if it were to apply their own legal provisions. Except for cash, this assistance is free of charge.
(2) Le par. 1, 1 Re Phr., also applies to medical examinations.
(3) Reports and medical records in the possession of the insurance institution of the Contracting State in whose territory the person concerned stays or resides shall be made available free of charge to the competent institution of the other State Contractor.
(4) Reviews and medical reports drawn up pursuant to the legal provisions of a single Contracting State relating to persons staying or residing in the territory of the other Contracting State shall be ordered by The institution of the place of residence or residence at the request of the competent institution, who shall bear the costs. The competent institution shall have the right to carry out an examination of the person by a doctor of his choice.
(5) The examinations carried out and the medical reports drawn up in accordance with the legal provisions of both Contracting States shall be borne by the institution of the place of residence or residence of the person concerned.
(6) If the institution of one of the Contracting States requests a supplementary medical examination of the person who has applied for or receives a benefit, the institution of the other Contracting State shall carry out the required examination in the region where the The person concerned by virtue of the provisions in force for that institution and the applicable tariff in the State of residence. Such costs shall be reimbursed by the institution which requested the examination after the presentation of a detailed account accompanied by supporting documents. The arrangements for the reimbursement procedure shall be determined by mutual agreement of the liaison bodies.
(1) In order to avoid the abuse and fraud of insurance during the filing of applications and the collection of old-age, survivors and invalidity insurance benefits and accident insurance, the insurance institution of one of the Contracting States May, in accordance with the national legal provisions of both Contracting States, carry out additional checks if there is a suspicion that persons perceive, have perceived or are attempting to unduly collect benefits.
(2) In the cases referred to in s. 1, the insurance institution of one of the Contracting States may entrust an organ recognised by the other Contracting State to carry out additional checks, on behalf of that institution and at its own expense, in accordance with the legal provisions of this State.
(1) The exemption or reduction of fees and fees provided for in the legal provisions of one of the Contracting States for acts, documents and documents to be produced pursuant to those same legal provisions shall extend to acts, documents and Documents to be produced pursuant to this Convention or the legal provisions of the other Contracting State.
(2) The authorities and institutions of both Contracting States shall not require the visa to legalise diplomatic or consular authorities on the acts, documents and documents required to be produced for the application of this Agreement or registration.
Applications, declarations and appeals which, in accordance with the legal provisions of one of the Contracting States, must be submitted within a specified period to an authority or an institution of that State shall be admissible if they have been deposited in the Same time limit with an authority or a corresponding institution of the other State. The authority or institution which has received the part shall record the date of receipt and transmit it to the competent authority or institution of the first State.
Where the institution of a Contracting State has wrongly allocated cash benefits, the amount wrongly paid may be withheld in favour of that institution on a corresponding benefit due under the legal provisions of the other State Contractor.
Where personal data are transmitted under this Convention, the following provisions shall apply for the processing and protection of data, in accordance with the provisions of national law and international law In force in the Contracting States in respect of data protection:
(1) Cash benefits payable under this Convention may be paid in the currency of the Contracting State of the debtor institution or in any other currency defined by that Contracting State.
(2) Where an institution of one of the Contracting States has to pay amounts to an institution of the other State, it may do so in the currency of the first Contracting State or in any other currency defined by that first Contracting State.
(3) In the event that one of the Contracting States issues requirements that impose restrictions on trade in foreign currency, the two Contracting States shall immediately agree on the measures to ensure the transfer of the sums due And otherwise pursuant to this Agreement.
Swiss nationals residing in the territory of Uruguay are not subject to any restriction to join the optional invalidity, old-age and survivors' insurance under the Swiss legal provisions, in particular in respect of Concerns the payment of contributions to that insurance and the collection of the resulting annuities.
(1) The authorities and institutions of one of the Contracting States may not refuse to process applications or take into account other acts because they are in one official language of the other State.
(2) For the purposes of this Convention, the authorities and institutions of the Contracting States may correspond with each other and with the persons concerned or their representatives in their respective official languages.
Decisions of an insurance institution or a court of one of the Contracting States shall be notified directly by registered letter or other means of communication equivalent to persons staying in the territory of the other State Contracting Party, without prejudice to their communication to the liaison body of the second Contracting State.
The difficulties resulting from the application of this Convention or the interpretation of its provisions shall be settled, by mutual agreement, by the competent authorities of the Contracting States.
(1) This Agreement shall also apply to insured events that occurred prior to its coming into force.
(2) Decisions prior to the entry into force of the Convention shall not preclude its application.
(3) The rights of persons whose pension has been refused prior to the coming into force of this agreement shall be revised at their request under that agreement. These rights may also be revised ex officio.
(4) This Agreement does not confer any entitlement to benefits for the period prior to its coming into force.
(5) The periods of insurance completed before the date of entry into force of this Convention shall also be taken into account in determining entitlement to benefits under that Convention.
(6) The limitation periods laid down in the legal provisions of the Contracting States in order to assert any right arising from this Convention shall begin to run as soon as possible on the day on which it enters into force.
(7) This Agreement does not apply to rights extinguished by the payment of a single allowance or by the refund of contributions. Art. 18 is reserved.
(8) This Convention shall not preclude the application of the provisions of Uruguayan law n O 16.140 of 5 October 1990.
(1) This Agreement is for an indefinite period of time.
(2) Each Contracting State may denounce it in writing by the end of the calendar year using the diplomatic channel, subject to the observation of a period of six months.
(3) In the event of termination of the agreement, its provisions shall remain applicable to benefits acquired up to the date of the termination of the agreement. The rights under acquisition under its provisions will be settled by arrangement.
(1) This Convention shall be ratified by each Contracting State in accordance with its legislation.
(2) The Government of each Contracting State shall notify the other in writing of the completion of the constitutional and legal procedures required for the entry into force of this Convention; the Convention shall enter into force on the first day The second month following the date of receipt of the last of these notifications.
In witness whereof , The plenipotentiaries of both Contracting States have signed this Convention.
Done at Berne on April 11, 2013, in two originals, one in French and the other in Spanish, the two copies being equally authentic.
| For the Swiss Federal Council: Didier Burkhalter |
For the Government of the Eastern Republic of Uruguay: Luis Leonardo Almagro |
