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ЕВРОПЕЙСКАЯ КОНВЕНЦИЯ О СОЦИАЛЬНОМ ОБЕСПЕЧЕНИИ (ETS N 78) [РУС., АНГЛ.] [АНГЛ.] (ЗАКЛЮЧЕНА В Г. ПАРИЖЕ 14.12.1972)

По состоянию на ноябрь 2007 года
Стр. 8
 
   Article 4, paragraph 1 and Article 8.
   
       Federal Republic of Germany - United Kingdom
       Convention  on  social  security of 20  April  1960,  excluding
   Article 3, paragraph 1, and Article 7, paragraphs 2, 3 and 4.
       Protocol of 20 April I960 on benefits in kind.
       Convention of 20 April 1960 on unemployment insurance excluding
   Article 3 and Article 5, paragraphs 2, 3 and 4.
   
       Ireland - United Kingdom
       Agreement on social security of 29 March 1960.
       Agreement   relating   to   social  insurance   and   workmen's
   compensation  between  the  Minister  of  Social  Welfare  and  the
   Northern  Ireland Ministry of Labour and National Insurance  of  22
   July 1964.
       Agreement on social security of 28 February 1966.
       Agreement on social security of 3 October 1968.
       Convention on social security of 14 September 1971.
   
       Malta - United Kingdom
       Agreement on social security of 26 October 1956.
       Agreement on social security of 21 March 1958.
   
       Netherlands - Turkey
       Section  III of the Convention on social security  of  5  April
   1966.
   
       Netherlands - United Kingdom
       Convention on social security of 11 August 1954.
       Protocol of 11 August 1954 on benefits in kind.
   
                      II - Article 9, paragraph 3
   
       None.
   
   
   
   
   
   
                                                              Annex VI
                                             (Article 11, paragraph 3)
   
            BENEFITS TO WHICH THE PROVISIONS OF PARAGRAPH 1
            OR PARAGRAPH 2 OF ARTICLE 11 ARE NOT APPLICABLE
   
       Austria
       Article II, paragraph 3, sub-paragraph (b):
       -  the  provisions of Article 11, paragraph 1, do not apply  to
   the compensatory supplements under pensions insurance.
   
       Belgium
       Article 11. paragraph 3, sub-paragraph (c):
       -  chose  retirement  and survivors' pensions  under  the  wage
   earners'  and salaried employees' schemes granted on the  basis  or
   legal  provisions in force before 1 January 1962, for that  pan  of
   the  pension which corresponds to the years before 1945 where these
   years are not effective periods of insurance.
   
       Denmark
       Article 11, paragraph 3, sub-paragraph (b):
       -  invalidity benefits provided under Section 15 of Act No. 219
   of 4 June 1965 concerning invalidity pensions.
       Article 11, paragraph 3, sub-paragraph (d):
       -  pension supplements provided under Section 11 of Act No. 219
   of  4  June 1965 concerning invalidity pensions, Section 10 of  Act
   No. 218 of 4 June 1965 concerning old-age pensions, and Section  3,
   paragraph 4 of Act No. 70 of 13 March 1959 concerning pensions  and
   assistance for widows as amended by Act No. 194 of 4 June 1964.
   
       France
       Article 11, paragraph 3, sub-paragraph (b):
       - the special allowance. Article 11, paragraph 3, sub-paragraph
   (c):
       -  non-contributory old-age allowances for persons  other  than
   employed persons.
       Article 11, paragraph 3, sub-paragraph (d):
       -   supplementary  allowances  from  the  "Fonds  national   de
   solidarite".
   
       Iceland
       Article 11, paragraph 3, sub-paragraph (d):
       - supplements to old-age and disability pensions provided under
   Article 21 of the Social Security Act No. 40 of 30 April 1963.
   
       Ireland
       Article 11, paragraph 3, sub-paragraph (b):
       -  non-contributory old-age pensions, non-contributory  widows'
   and orphans' pensions and allowances for deserted wives.
   
       Luxembourg
       Article 11, paragraph 3, sub-paragraph (b):
   
       -  the  old-age, invalidity and survivors' pensions of salaried
   employees  for the part corresponding 10 the periods of  employment
   completed  before  the entry into force of the  pensions  insurance
   scheme for salaried employees.
   
       Norway
       Article 11, paragraph 3, sub-paragraph (c):
       - transitional increments to benefits provided under Section 5,
   paragraph  5;  Section 7, paragraph 5; Section 8, paragraph  4  and
   Section  10, paragraphs 4, 5, 6 and 11 of the Act of 17  June  1966
   on National Insurance.
       Article 11, paragraph 3, sub-paragraph (d):
       -  basic  benefits  and  assistance allowances  provided  under
   Section  8,  paragraph  2 of the Act of 17 June  1966  on  National
   Insurance.
       -  assistance  allowances for survivors provided under  Section
   10, paragraph 2 of the Act of 17 June 1966 on National Insurance.
       -   assistance  allowances  and  transitional  allowances   for
   unmarried  mothers provided under Section 12, paragraph  3  of  the
   Act of 17 June 1966 on National Insurance.
   
       Sweden
       Article 11, paragraph 3, sub-paragraph (a):
       -  the benefits provided under the first paragraph of Section 3
   of Chapter 9 of Act No. 381 of 25 May 1962 on National Insurance.
       Article 11, paragraph 3, sub-paragraph (c):
       -  supplementary pensions provided under Chapter 15 of Act  No.
   381  of 25 May 1962 on National Insurance and Act No. 382 of 25 May
   1962 implementing the Act on National Insurance.
       -  benefits provided under Section 16 of Act No. 382 of 25  May
   1962 implementing the Act on National Insurance.
       Article 11, paragraph 3, sub-paragraph (d):
       -  benefits  provided under the second paragraph of Section  2,
   the  second paragraph of Article 3, and Section 5 of Chapter  9  of
   Act No. 381 of 25 May 1962 on National Insurance.
   
       Switzerland
       Article 11, paragraph 3, sub-paragraph (a):
       - allowances for helpless persons.
       Article 11, paragraph 3, sub-paragraph (b):
       - special invalidity insurance pensions;
       - special old-age and survivors' insurance pensions.
       Article 11, paragraph 3, sub-paragraph (d):
       - ordinary invalidity pensions granted to invalids whose degree
   of invalidity is less than 50 per cent.
   
   
   
   
   
   
                                                             Annex VII
                                             (Article 72, paragraph 1)
   
            PARTICULAR MEASURES FOR THE APPLICATION OF THE
                LEGISLATION OF THE CONTRACTING PARTIES
   
             I. Application of the legislation of Austria
   
       A.  Application  of  Austrian Legislation  concerning  Sickness
   Insurance,  Insurance  against Occupational Injuries  and  Diseases
   and Pensions Insurance
       (1) The provisions of Article 8, paragraph 1 of this Convention
   and  the  corresponding  provisions of  the  bilateral  conventions
   mentioned  in  Annex  III do not affect the provision  of  Austrian
   legislation concerning the acquired rights or rights in the  course
   of  acquisition  to  benefits  under pensions  insurance  or  under
   insurance against occupational injuries and diseases in respect  of
   occupational   activities  followed  abroad,  or   the   provisions
   concerning  the  caking into account of periods of  self-employment
   completed in the territory of the former Austro-Hungarian  Monarchy
   but outside the territory of the Federal Republic of Austria.
       (2) The provisions of Article 8, paragraph 1 of this Convention
   do  not  affect the provisions of the bilateral conventions between
   Austria and other States which govern Insurance liabilities.
       (3)  By virtue of the provisions of Article 8, paragraph  1  of
   this   Convention,   the  following  periods  are   considered   as
   equivalent  periods  for  nationals of other  Contracting  Parties,
   without prejudice to the other requirements:
   
           (a) with  regard  to  the First World War,  periods of war
       service in the Austro-Hungarian army or in the army of a State
       which was an ally of the Austro-Hungarian Monarchy, as well as
       the  equivalent  periods   of   captivity   (internment)   and
       subsequent repatriation;
           (b) with regard to the Second World War,  periods  of  war
       service in the armed forces of the former German Reich and its
       allies, periods of military service or labour service, as well
       as the equivalent periods of first-aid service,  civil defence
       service,   or   captivity    (internment)    and    subsequent
       repatriation.
       (4) To the extent that, by virtue of the provisions of Austrian
   legislation,  the  receipt of social insurance  benefits  or  other
   income,   the  following  of  an  occupational  activity   or   the
   establishment  of a social insurance situation have  legal  effects
   on  entitlement  to  benefits, on the award  of  benefits,  on  the
   subjection   to  compulsory  insurance  or  on  the  admission   to
   voluntary  insurance, then the benefits paid, the income  received,
   the   activity  followed  or  the  situation  established  in   the
   territory  or  under the legislation of another  Contracting  Party
   have the same legal effects.
       (5) For the purpose of the acquisition, maintenance or recovery
   of  entitlement  to benefit, corresponding periods completed  under
   the  legislation of any Contracting Party shall also be  considered
   as neutral periods within the meaning of Austrian legislation.
       (6) The provisions of Chapter 2 of Title III of this Convention
   are  not applicable to benefits under pensions insurance for  self-
   employed  persons  in  commerce  or  under  supplementary  pensions
   insurance in agriculture awarded to persons who were already  above
   a  given age at the time of the entry into force of the legislation
   applicable.
       (7)  For  the  purpose of determining, under Austrian  pensions
   insurance,  the  scheme under which entitlement to benefits  exists
   and  the  competent  institution for  the  provision  of  benefits,
   periods  of  insurance  completed under the  legislation  of  other
   Contracting Parties are taken into consideration according  to  the
   nature  of the occupational activity followed during those periods.
   Periods  of  insurance  during which no occupational  activity  has
   been  followed are taken into consideration according to the nature
   of  the  last  occupational activity followed before such  periods;
   where   the   nature  of  the  occupational  activity   cannot   be
   established  or  where during the whole duration  of  insurance  no
   occupational   activity  has  been  followed,  these   periods   of
   insurance  are  taken  into  consideration  as  if  they  had  been
   completed  under conditions according to which the Social Insurance
   Institute  for  Wage-Earners  would be competent.  Periods,  during
   which  there  exists  or  has existed a  right  by  virtue  of  the
   insurance of another Contracting Party on account of invalidity  or
   old  age,  are taken into consideration according to the nature  of
   the  last  occupational  activity followed before  the  contingency
   arose.  In  order  to determine if entitlement to  benefits  exists
   under  the  Austrian miner's pensions insurance scheme, periods  of
   insurance  completed  under the legislation  of  other  Contracting
   Parties  are  only taken into consideration in so far as  they  are
   periods  within  the  meaning  of the  provisions  of  Article  28,
   paragraph 4, of this Convention.
       (8)  Periods  of  insurance which have not been  completed  but
   which, by virtue of Austrian legislation, have to be considered  as
   periods  of insurance, are taken into consideration as if they  had
   been completed under Austrian legislation.
       (9)  Where,  in  application of the provisions of  Article  30,
   paragraph  1,  subparagraph (a), of this Convention, the  basis  of
   contribution  for the purposes of assessment cannot  be  determined
   by  virtue of the provisions of Austrian legislation in chose cases
   in  which the reference dare is prior to 1 January 1962, the  basis
   of  contribution will be determined by multiplying the  usual  wage
   earned  on  31 December 1946 by a worker of the same category  with
   the  coefficient fixed by the Austrian legislation, subject to  the
   ceiling of the basis of contribution in force for the period  under
   consideration.
       (10)  In  determining the theoretical amount by virtue  of  the
   provisions  of  Article 29, paragraph 2, of  this  Convention,  the
   periods   of  insurance  by  virtue  of  the  provisions   of   the
   legislation  of  other  Contracting Parties  shall  be  taken  into
   consideration  without  regard  to  the  provisions   or   Austrian
   legislation concerning the caking into consideration of periods  of
   insurance.
       (11)  For  the  application of the provisions  of  Article  29,
   paragraphs  2  and 4, of this Convention, the following  rules  are
   applicable:
           (a) concurrent periods of insurance are co be  taken  into
       consideration within the limits of their duration;
           (b) the equalisation supplements under the  provisions  of
       Austrian   legislation   are   co   be  calculated  after  the
       determination of the amount of the benefits due.
       (12)   Where,  in  calculating  the  amount  of  the   Austrian
   supplement, the maximum number of insurance months has to be  taken
   into  consideration,  the  proportionate  amount  referred  to   in
   Article 29, paragraph 4, of this Convention shall be determined  on
   the  basis of all periods of insurance taken into consideration for
   the  calculation of the theoretical amount without regard  to  chat
   maximum number.
       (13)  The  provisions  of Austrian legislation  concerning  the
   suspension  of  pensions,  in the case  where  the  beneficiary  is
   abroad,  shall  be applied after the determination of  the  partial
   benefit,  whereas  those  concerning  other  situations  shall   be
   applied before the determination of the partial benefit.
       (14)  Periods of insurance completed under the legislations  of
   other  Contracting Parties are not taken into consideration as  far
   as  the  qualifying conditions for the miners' long  service  bonus
   and the award of that bonus are concerned.
       (15)  The helpless persons' allowances shall be calculated,  by
   virtue  of the provisions of Austrian legislation, on the basis  of
   the  amount  of the Austrian benefit determined in the  application
   of  the  provisions of Article 29, paragraph 4, of this Convention,
   subject to the maximum amount proportionately reduced according  to
   chose  provisions. If the helpless persons' allowance  is  a  fixed
   amount,  this  amount is proportionately reduced according  to  the
   provisions of paragraph 4 of the said Article 29. Where, by  virtue
   of  the provisions of Austrian legislation, entitlement to benefits
   exists  without  making  use  of  the  provisions  of  Article  28,
   paragraph  1, of this Convention, the maximum amount (or the  fixed
   amount)shall  not be reduced, unless a helpless persons'  allowance
   or  a  similar benefit has been awarded by virtue of the provisions
   of the legislation of another Contracting Party.
       (16)  The  special  pension payments  provided  under  Austrian
   pensions  insurance  are payable at the same rate  as  the  benefit
   determined by virtue of the provisions of Article 29, paragraph  4,
   of   this  Convention;  the  provisions  of  Article  34  of   this
   Convention are applicable, mutatis mutandis.
       (17)  The  provisions  of  Article 28,  paragraph  1,  of  this
   Convention shall not apply under the legislation of Austria to  any
   claim  to  premature old-age pension as defined in that legislation
   in the case of unemployment or lengthy insurance.
       (b) Application of Austrian Legislation concerning Unemployment
   Insurance
       (1)   The  provisions  of  Article  8,  paragraph  1,  of  this
   Convention  do  not  affect the provisions of Austrian  legislation
   concerning emergency allowances.
       (2)  The provisions of Article 51, paragraphs 1 and 2, of  this
   Convention  concerning  the  adding together  of  periods  are  not
   applicable  for  the  acquisition of  the  right  to  unpaid  leave
   benefits.
   
             II. Application of the legislation of Denmark
   
       With regard to unemployment benefits, the Government of Denmark
   undertakes  to encourage the approved Unemployment Funds  to  apply
   the  provisions of this Convention in so far as they are  in  force
   in respect of Denmark.
   
             III. Application of the legislation of France
   
       (1) The principle of equality of treatment set forth in Article
   8  of  this Convention does not apply to Act No. 65-555 of 10  July
   1965  which provides for Frenchmen who follow or who have  followed
   abroad  a  salaried  or  non-salaried  occupational  activity   the
   possibility of adhering 10 the voluntary old-age insurance scheme.
       (2)  The right to allowances for elderly employed persons, old-
   age  non-contributory allowances for persons  other  than  employed
   persons and to the special allowance is granted, in application  of
   this  Convention, only for persons who prove that they have resided
   in  France  for at least ten years between the age of  sixteen  and
   the  age  of  entitlement  to the said allowances,  including  five
   consecutive years immediately preceding the lodging of the claim.
       (3)  The  provisions  of  this Convention  do  not  affect  the
   provisions  of  French legislation by virtue of  which  periods  of
   occupational activity completed in French territory are taken  into
   consideration  for entitlement to allowances for  elderly  employed
   persons  and  to  old-age non-contributory allowances  for  persons
   other than employed persons.
       (4)  The  special  allowances  and  the  cumulative  allowances
   provided  under  the  social security scheme for  miners  are  only
   provided for persons who work in French mines.
       (5) The principle of equality of treatment set forth in Article
   8  of  this Convention does not apply to the legislation concerning
   income  guarantees for employed persons who lose their  employment.
   Entitlement to benefits provided under this legislation is  subject
   to  the  condition that the person concerned has resided in  France
   for  at lease three months immediately preceding the lodging of the
   claim.
   
               IV. Application of the legislation of the
                      Federal Republic of Germany
   
       (1) (a) In so far as compensation is not already provided under
   German  legislation concerning compulsory accident  insurance,  the
   German  institutions  compensate, by virtue of  the  provisions  of
   this  Convention,  so  long  as the worker  who  has  sustained  an
   occupational  injury or contracted an occupational disease  or  his
   survivors  reside  in  the territory of a  Contracting  Party,  for
   accidents  which happened or for occupational diseases  which  were
   contracted  in  Alsace-Lorraine before  1  January  1919,  if  this
   liability   has   not  been  assumed  by  French  institutions   in
   accordance  with  the  decision of the Council  of  the  League  of
   Nations dated 21 June 1921 (Reichsgesetzblatt p. 1289).
       (b)  The  provisions of Article 11 of this  Convention  do  not
   affect  the  provisions of German legislation by  virtue  of  which
   accidents  which  happened  or  occupational  diseases  which  were
   contracted  outside  the  territory  of  the  Federal  Republic  of
   Germany,  as  well as periods completed outside this territory,  do
   not  give  rise  or  give  rise only under  certain  conditions  to
   payment  of  benefits  when the beneficiaries  reside  outside  the
   territory of the Federal Republic of Germany.
       (2) (a) In order to determine whether the periods treated under
   German  legislation  as periods of interruption (Ausfallzeiten)  or
   supplementary  periods  (Zurechnungszeiten)  shall  be  taken  into
   account  as such periods, compulsory contributions paid  by  virtue
   of  the  legislation  of another Contracting Party  and  compulsory
   insurance  under  the  pensions insurance  of  another  Contracting
   Party are deemed to be equivalent co compulsory contributions  paid
   by  virtue of German legislation and to compulsory insurance  under
   German  pensions insurance. In calculating the number  of  calendar
   months  of  compulsory insurance before the contingency arose,  the
   concurrent periods, which are deemed to be equivalent by virtue  of
   the  legislation of another Contracting Party, are not  taken  into
   consideration, nor those periods during which the person  concerned
   has drawn a pension.
       (b)  The preceding sub-paragraph is not applicable to the fixed
   period of interruption (pauschale Ausfallzeit).
       (c)   The  taking  into  account  of  a  supplementary   period
   (Zurechnungszeit)  by  virtue  of  German  legislation   concerning
   pensions insurance for miners is subject to the condition that  the
   last  contribution  paid by virtue of German legislation  has  been
   paid to the pensions insurance for miners.
       (d)  For the taking into account of German compensation periods
   (Ersatzzeiten), only German legislation is applicable.
       (3)   (a)  Where  a  pension  on  account  of  an  occupational
   invalidity     (Berufsunfahigkeit)    or     general     invalidity
   (Erwerbsunfahigkeit)  or  old  age,  due  by   virtue   of   German
   legislation,  and  a  pension due by virtue of the  legislation  of
   another  Contracting Party in respect of an occupational injury  or
   disease  overlap, there will be taken into consideration as  annual
   remuneration   the   remuneration  which  by   virtue   of   German
   legislation should be taken into consideration at the time  of  the
   accident  for  a worker in a comparable situation having  sustained
   an  occupational injury; for this purpose, the provisions in  force
   at  the place of residence of the person concerned in the territory
   of  the Federal Republic of Germany, or if he resides outside  this
   territory,  the  provisions  in  force  at  the  place  where   the
   competent  institution  of German pensions insurance  is  situated,
   are  to be applied. The remuneration of the worker concerned  shall
   be  determined  or  recalculated according  to  the  provisions  of
   German legislation.
       (b)  The  total  of  the  accident insurance  pension  and  the
   theoretical  amount within the meaning of Article 29, paragraph  2,
   of   this   Convention,   but  excluding  supplementary   benefits,
   children's  supplements  and increments of complementary  insurance
   (Hoherversicherung),  is  compared with the  maximum  amount  taken
   into  consideration in application of the preceding  sub-paragraph.
   The  sum  whose  coral  exceeds  the  maximum  amount  in  question
   constitutes  the notional amount of the reduction. This  amount  is
   divided   up  in  proportion  to  the  duration  of  insurance   in
   accordance with the provisions of Article 29, paragraph 4, of  this
   Convention;  the  part  corresponding to  the  duration  of  German
   insurance shall be deducted from the German portion.
       (4)  With  regard  to the suppression of compensatory  benefits
   under  the miners' scheme, mining undertakings in the territory  of
   another  Contracting  Parry are regarded as  equivalent  to  German
   mining undertakings.
       (5)  German  pensions insurance institutions apply Article  29,
   paragraph 5, of this Convention when:
       (a)  legislation in force before 1 January 1957 concerning  the
   calculation of the pension is applicable;
       (b)  a  supplementary period (Zurechnungszeit) is to  be  taken
   into consideration; or
       (c) a children's supplement is to be taken into consideration.
       (6) The provisions of Chapter 2 of Title III of this Convention
   arc  not applicable to the pensions insurance in the iron and steel
   industry (Saar) nor to the pension scheme for elderly farmers.
   
            V. Application of the legislation of Luxembourg
   
       (1) Notwithstanding the provisions of Article 74, paragraph  3,
   of  this  Convention, periods of insurance and  equivalent  periods
   completed  before  1 January 1946 under Luxembourg  legislation  on
   pensions  insurance (invalidity, old age and death) are taken  into
   consideration for the application of that legislation  only  in  so
   far   as  the  rights  in  the  course  of  acquisition  have  been
   maintained  at the time of the entry into force of this  Convention
   or   recovered   subsequently  in  conformity  solely   with   that
   legislation or with bilateral social security conventions in  force
   or  to  be  concluded. In the event of several of such  conventions
   applying,  periods  of insurance and equivalent periods  are  taken
   into consideration as from the earliest date.
       (2)  For  the  purposes of entitlement to  the  basic  part  of
   Luxembourg   pensions,   periods  of  insurance   completed   under
   Luxembourg  legislation  by  workers  not  resident  on  Luxembourg
   territory are considered as periods of residence.
       (3)   Supplements  provided,  where  appropriate,  to  increase
   minimum  pensions, as well as supplements for children are paid  in
   the  same proportion as the basic pare for which the State and  the
   municipalities are responsible.
   
         VI. Application of the legislation of the Netherlands
   
       A.  Application  of Netherlands Legislation on General  Old-age
   Insurance.
       (1)  For  the  application of Article 29  of  this  Convention,
   periods  prior  to  1  January 1957 during  which  the  beneficiary
   resided  in  the  territory of the Netherlands  after  the  age  of
   fifteen or during which, whilst being resident in the territory  of
   another  Contracting  Party,  he  was  gainfully  employed  in  the
   Netherlands   by  an  employer  in  that  country,   are   likewise
   considered  as  periods  of insurance completed  under  Netherlands
   legislation on general old-age insurance.
       (2)  Periods are not to be taken into account by virtue of  the
   preceding  paragraph  when they coincide with  periods  taken  into
   consideration  for  the calculation of old-age pensions  due  under
   the legislation of another Contracting Party.
       (3)  Where  a married woman's husband is entitled to a  pension
   under   Netherlands  legislation  on  general  old-age   insurance,
   periods  prior  co the date where the woman concerned  reached  the
   age  of sixty-five and during which, being married, she resided  in
   the  course  of  that  marriage in the territory  of  one  or  more
   Contracting  Parties, are likewise taken into consideration  in  so
   far  as  these  periods  coincide with  the  periods  of  insurance
   completed  by  her  husband  under that  legislation  or  with  the
   periods  to  be taken into consideration by virtue of  paragraph  1
   above.
       (4)  Periods are not to be taken into consideration in the case
   of  a  married woman by virtue of the preceding paragraph when they
   coincide  with periods taken into consideration for the calculation
   of  the old-age pension due to her under the legislation of another
   Contracting Parry or with periods during which she received an old-
   age pension under such legislation.
       (5)  Where  a  married  woman's husband  has  been  subject  to
   Netherlands legislation on old-age insurance or is deemed  to  have
   completed  periods of insurance within the meaning of  paragraph  1
   above,   the  provisions  of  the  two  preceding  paragraphs   are
   applicable, mutatis mutandis.
       (6)  Periods  prior  to  1 January 1957  are  only  taken  into
   consideration  for the calculation of the old-age  pension  if  the
   person  concerned has resided throughout six years in the territory
   of  one or more Contracting Parties after the age of fifty-nine and
   if he resides in the territory of one of those Parties.
       B.  Application  of Netherlands Legislation on General  Widows'
   and Orphans' Insurance
       (1)  For  the  application of Article 29  of  this  Convention,
   periods  prior  to  1 October 1959 during which a  beneficiary  who
   does  not fulfil the conditions for having such periods assimilated
   to   periods  of  insurance  resided  in  the  territory   of   the
   Netherlands after the age of fifteen or during which, whilst  being
   resident  in  the territory of another Contracting  Party,  he  was
   gainfully  employed  in  the Netherlands by  an  employer  in  that
   country,  are likewise considered as periods of insurance completed
   under the Netherlands legislation on general old-age insurance.
       (2) Periods are not to be taken into consideration by virtue of
   the  preceding  paragraph  when  they  coincide  with  periods   of
   insurance  completed  under the legislation of another  Contracting
   Party on survivors' benefits.
       C.  Application of Netherlands Legislation on Insurance against
   Incapacity for Work
       (1) For the application of the provisions of Article 29 of this
   Convention,  periods of gainful occupation and  equivalent  periods
   completed  in  the  Netherlands before 1  July  1967  are  likewise
   considered  as  periods  of insurance completed  under  Netherlands
   legislation on insurance against incapacity for work.
       (2)  If the said periods have been completed in the Netherlands
   before  1  July  1967,  the earnings on which  the  calculation  of
   benefits  is  based will be determined on the basis of the  amounts
   specified  in  the  Act of 2 February 1967 containing  transitional
   regulation  of insurance against incapacity for work,  adjusted  to
   changes in the wage index since 1 July 1967.
       (3)  The  provisions of Article 35, paragraph 1, sub-paragraphs
   (a)  and  (d),  of this Convention are not applied  by  Netherlands
   institutions in regard to benefits calculated on the  basis  of  an
   invalidity of less than 45 per cent, if the aggravation of the pre-
   existing  invalidity is obviously due to a cause  other  than  that
   which  has  brought about the invalidity in respect  of  which  the
   benefits are drawn.
       D. Application of Netherlands Legislation on Optional Continued
   Insurance
       The  principle of equality of treatment set forth in Article  8
   of  this  Convention  does not apply to old age optional  continued
   insurance  so far as the payment of contributions at reduced  rates
   is concerned.
   
             VII. Application of the legislation of Norway
   
       The  application of the provisions of the second  sub-paragraph
   of  paragraph 4 of Article 1 of the National Insurance  Act  of  17
   June 1966 cannot be extended to non-nationals.
       The application of Norwegian legislation cannot be extended  to
   non-nationals  in  Spitzbergen  unless  they  are  employed  by   a
   Norwegian employer.
   
            VIII. Application of the legislation of Sweden
   
       With  regard to unemployment benefits, the Government of Sweden
   undertakes  to encourage the approved Unemployment Funds  to  apply
   the  provisions of this Convention in so far as they are  in  force
   in respect of Sweden.
   
           IX. Application of the legislation of Switzerland
   
       (1) The principle of equality of treatment set forth in Article
   8 of this Convention does not apply to:
       (a)  optional  old-age  and survivors' insurance  and  optional
   invalidity insurance for Swiss nationals abroad;
       (b)  old-age and survivors' insurance and invalidity  insurance
   of Swiss nationals working abroad for an employer in Switzerland;
       (c) relief benefits paid to Swiss invalids residing abroad;
       (d)  special  pensions  under old-age and survivors'  insurance
   paid  to  Swiss  nationals born before 1  July  1883  or  to  their
   survivors.
       (2)  Special invalidity insurance pensions or old-age  pensions
   payable   in  lieu  thereof  are  awarded  to  nationals   or   the
   Contracting  Parties  subject  to  the  condition  that  they  have
   resided  in Switzerland throughout five years immediately preceding
   the lodging of the claim.
       Special  old-age and survivors' insurance pensions are  awarded
   to  nationals  of the Contracting Parties subject to the  condition
   that   they  have  resided  in  Switzerland  throughout  ten  years
   immediately preceding the lodging of the claim in the case or  old-
   age  pensions,  or subject to the condition that the  deceased  has
   resided  in Switzerland throughout five years immediately preceding
   the lodging of the claim in the case of survivors' pensions or old-
   age pensions payable in lieu thereof.
       The   period  of  residence  in  question  is  deemed   to   be
   uninterrupted,  when absence from Swiss territory does  not  exceed
   three  months  in  the  course of any  calendar  year.  Periods  of
   residence  in  Switzerland during which the  person  concerned  has
   been   exempt   from  Swiss  invalidity,  old-age  and   survivors'
   insurance  are not taken into account for the required duration  of
   residence.
       (3) Where nationals of the Contracting Parties have acquired  a
   right  to  benefits under Swiss invalidity, old-age and  survivors'
   insurance,  the  provisions of Article 29,  paragraph  5,  of  this
   Convention  will be applied for the calculation of  the  amount  of
   the pensions due under Swiss insurance.
       (4) With regard to entitlement to ordinary invalidity pensions,
   nationals  of  the  Contracting Parties are deemed  to  be  insured
   within  the  meaning of Swiss legislation if, at the  time  of  the
   commencement of invalidity, they are covered by pensions  insurance
   of  any  Contracting  Party or if they are entitled  to  invalidity
   benefits under the legislation of any Contracting Party.
       (5)  (a)  Nationals  of  the Contracting  Parties  may  request
   rehabilitation   under  the  federal  legislation   on   invalidity
   insurance  as  long  as  they keep their domicile  in  Switzerland,
   provided  they  have paid contributions to Swiss insurance  for  at
   lease  a whole year immediately preceding the time when they  shall
   benefit from such rehabilitation.
       (b)  Wives and widows who do not follow a gainful activity,  as
   well  as  minors, children of nationals of the Contracting Parties,
   may  request  rehabilitation  under  the  federal  legislation   on
   invalidity  insurance  as  long as  they  keep  their  domicile  in
   Switzerland,  provided they have resided there without interruption
   for  at  least  one year immediately preceding the time  when  they
   shall benefit by such rehabilitation.
       (c)  Minors, children of nationals of the Contracting  Parties,
   may  request  rehabilitation  under  the  federal  legislation   on
   invalidity  insurance  if they have their domicile  in  Switzerland
   and  have  been invalids since birth there or if they have  resided
   in Switzerland without interruption since their birth.
   
   


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