Darbības ar dokumentu
AGREEMENT between the Government of the Republic of Latvia and the Government of the Republic of Estonia on Taking Account of Insurance Periods Completed in the Territory of the Former USSR
The Government of the Republic of Latvia and the Government of the Republic of Estonia, hereinafter referred to as "the Contracting Parties",
- whereas the territory of Republic of Latvia and the territory of Republic of Estonia were incorporated in the same state - the former Union of Soviet Socialist Republics (hereafter referred to as "the former USSR");
- whereas the obligation to take into account periods qualifying for a pension completed in the territory of the former USSR has been established by the legislation of the Republic of Latvia and the Republic of Estonia on pension insurance;
- whereas since the accession to the European Union on 1 May 2004 Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community applies in the Republic of Latvia and the Republic of Estonia;
- whereas since the accession to the European Union on 1 May 2004 Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community applies in the Republic of Latvia and the Republic of Estonia;
- whereas since the accession to the European Union on 1 May 2004 Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality applies in the Republic of Latvia and the Republic of Estonia;
- having regard to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;
- in order to avoid the overlapping of pensions in cases when the same period is taken into account under the legislation of the Republic of Latvia and the Republic of Estonia by the award of pension,
have agreed as follows:
Article 1
Definitions
1. For the purposes of this Agreement:
- "insurance period of the former USSR" - period qualifying for a pension completed in the territory of the former USSR, except in the territory of the Republic of Latvia and the Republic of Estonia, before 1 January 1991, which is concurrently foreseen to be taken into account under the legislation of the Republic of Latvia and the Republic of Estonia;
- "overall insurance period" - period of insurance completed under the legislation of the Republic of Latvia or the Republic of Estonia.
2. Other terms used in this Agreement have the meaning assigned to them under the legislation of the Republic of Latvia and the Republic of Estonia and the Regulations of the European Union referred to in the Preamble.
Article 2
Persons covered by the Agreement
This Agreement shall apply to persons who simultaneously have acquired right to pension under the legislation of the Republic of Latvia and the Republic of Estonia and if calculating their pension the Contracting Parties take into account the same insurance periods of the former USSR.
Article 3
Taking Account of Insurance Periods of the Former USSR
1. Insurance periods of the former USSR shall be taken into account by the competent institution of the state under whose legislation the overall insurance period in full years is longer.
2. In case the overall insurance period under the legislation of each state is equal, insurance periods of the former USSR shall be taken into account by the competent institution of the state under whose legislation the person was last insured.
3. Pension for insurance periods of the former USSR will be awarded in accordance with the legislation of the respective state.
4. If a person proves the existence of supplementary insurance periods and insurance periods of the former USSR have already been taken into account, the competent institution taking into account insurance periods of the former USSR by the recalculation of pension shall remain unchanged.
5. Where a new type of pension is awarded to a person, insurance periods of the former USSR shall be taken into account according to the provisions of paragraphs 1 to 3 of this Article.
6. Where a person who has been awarded a pension moves from one state to another, the competent institution taking into account insurance periods of the former USSR shall remain unchanged.
Article 4
Termination of the Agreement between the Republic of Latvia and
the Republic of Estonia on Cooperation in the Field of Social
Security
1. After the entry into force of this Agreement the Agreement between the Republic of Latvia and the Republic of Estonia on Cooperation in the Field of Social Security, signed on 28 May 1996, shall cease to be in force.
2. Any right acquired by a person in accordance with the provisions of the Agreement between the Republic of Latvia and the Republic of Estonia on Cooperation in the Field of Social Security, signed on 28 May 1996, shall be maintained.
Article 5
Exchange of Information and Mutual Assistance
1. Competent institutions of the Contracting Parties shall provide mutual assistance to each other and share information necessary for the application of this Agreement.
2. Competent institutions of the Contracting Parties may establish, by means of an implementing agreement, the measures necessary for the application of this Agreement.
Article 6
Settlement of Disagreements
Any disagreements arising as to the interpretation or application of this Agreement shall be resolved by mutual consent or negotiations.
Article 7
Duration and Termination
The Contracting Party may terminate the Agreement by giving notice of termination in writing through diplomatic channels six months beforehand. Any right acquired by a person in accordance with the provisions of this Agreement shall be maintained.
Article 8
Entry into Force
This Agreement shall enter into force on the first day of the second month following month in which the Contracting Parties shall have exchanged written notices through the diplomatic channels confirming that their respective legal requirements for the entry into force of this Agreement have been completed. The date of the exchange of the written notices shall be the date of the delivery of the last notice.
Done on 12th October 2007 in duplicate in the Latvian, Estonian and English languages, each text being equally authentic. In case of divergence of interpretation, the English text shall prevail.
|
For the Government of the
Republic |
For the Government of the
Republic |
|
Minister of Welfare |
Minister of Social Affairs |
|
Dagnija Staķe |
Maret Maripuu |
 |
 |
 |
 |