Zakon o ratifikaciji Konvencije med Republiko Slovenijo in Kraljevino Nizozemsko o socialni varnosti z zaključnim protokolom in Dogovora o izvajanju Konvencije o socialni varnosti med Republiko Slovenijo in Kraljevino Nizozemsko (BNLSV)

The Republic of Slovenia
    and
    The Kingdom of the Netherlands,
    – desiring to regulate the relations between the two States in the field of social security,
    – taking into account that the actual relations between the two countries are arranged through an exchange of letters of 18 March 1992 and 21 April 1992;
    have agreed to conclude a Convention with the following provisions:

PART I

GENERAL PROVISIONS

Article 1

Definitions

1. For the purpose of this Convention:
    a) “Territory” means,
    in relation to Slovenia: the territory of the Republic of Slovenia;
    in relation to the Netherlands: the territory of the Kingdom in Europe;
    b) “National” means, as regards Slovenia, a person with the citizenship of the Republic of Slovenia and as regards the Netherlands a person of the Netherlands nationality;
    c) “Employed person” means a person who is employed by an employer as well as any person who is deemed equivalent to an employed person by the legislation applied;
    d) “Legislation” means laws, ordinances and regulations relating to the systems and branches of social security specified in Article 2;
    e) “Competent authority” means, in relation to Slovenia: the Minister of Labour, Family and Social Affairs, and as far as benefits in cash and in kind of the legislation on sickness insurance are concerned, the Minister of Health;
    in relation to the Netherlands: the Minister for Social Affairs and Employment and, as far as benefits in kind of the legislation on sickness insurance are concerned, the Minister for Health, Welfare and Sport;
    f) “Insurance institution” means the body or authority charged with the implementation of the legislation specified in Article 2, or a portion thereof;
    g) “Competent institution” means the institution which is competent according to the applicable legislation;
    h) “Competent state” means the Contracting Party in the territory of which the competent institution is situated;
    i) “Insurance period” means a contribution period, a period of employment, a period of residence or any other period defined, recognized or treated as a period of insurance under the legislation applicable to the person during such a period;
    j) “Pension or cash benefit” means a pension or a cash benefit under the applicable legislation including all the constituent parts thereof which are financed out of public funds as well as all increases and additional benefits;
    k) “Member of the family” means a person defined or recognized as such in the legislation of the Contracting Party in whose territory such a person resides; where, however, this legislation regards only persons living with the person concerned as members of the family, this condition shall be deemed to be satisfied if such persons are mainly maintained by the person concerned;
    l) “Institution of the place of residence” means the institution empowered, under the Contracting Party’s legislation which it applies, to provide the benefits in question at the place of residence or, where no such institution exists, the institution designated by the competent authority of the Contracting Party concerned;
    m) “Institution of the place of temporary stay” means the institution empowered, under the Contracting Party’s legislation which it applies, to provide the benefits in question at the place of temporary stay or, where no such institution exists, the institution designated by the competent authority of the Contracting Party concerned.
    2. Other words and expressions which are used in this Convention shall have the meanings respectively assigned to them in the legislation applied.

Article 2

Matters covered

1. This Convention shall apply:
    A. In relation to Slovenia, to the legislation on:
    a) obligatory pension- and invalidity insurance;
    b) obligatory health insurance (cash benefits and benefits in kind);
    c) unemployment insurance;
    d) children’s allowances;
    e) maternity insurance (cash benefits).
    B. In relation to the Netherlands, to the legislation on:
    a) sickness insurance (cash benefits and benefits in kind in the case of sickness and maternity), including the scheme concerning the liability of an employer;
    b) invalidity insurance;
    c) old age insurance;
    d) survivors’ insurance;
    e) unemployment insurance;
    f) children’s allowances.
    2. With the reservations made in paragraphs 3 and 4 of this Article, this Convention shall apply also to all legislation codifying, amending or supplementing the legislation specified in paragraph 1 of this Article.
    3. This Convention shall apply to any legislation of a Contracting Party extending the legislation specified in paragraph 1 of this Article to new categories of persons, if that Contracting Party had not, within six months of the official announcement of such legislation, notified the other Contracting Party to the effect that the Convention shall not apply to such legislation.
    4. This Convention shall not apply to legislation instituting a new branch of social security unless the Contracting Parties make an agreement to that effect.
    5. This Convention does not apply to social assistance schemes or to special schemes for civil servants or persons treated as such.

Article 3

Persons covered

Unless otherwise provided in this Convention it shall apply to:
    a) Persons who are or have been subject to the legislation of one or both Contracting Parties;
    b) Persons deriving rights from a person mentioned under paragraph a of this Article.

Article 4

Equality of treatment

Unless otherwise provided in this Convention, nationals of one Contracting Party shall, when they stay or reside in the territory of the other Contracting Party, have the same obligations and rights as nationals of that Contracting Party regarding the application of the legislation of that Contracting Party.

Article 5

Payment of benefits abroad

1. Unless otherwise provided in this Convention pensions and other cash benefits in case of old-age, invalidity and death acquired under the legislation of one Contracting Party may not be reduced, modified, suspended or with-drawn in account of the recipient staying or residing in the territory of the other Contracting Party.
    2. Unless otherwise provided in this Convention cash benefits under the legislation of a Contracting Party shall be payable to persons designated in Article 3, who are staying or residing outside the territories of either Contracting Party, on the same conditions and to the same extent as to nationals of that Contracting Party who are staying or residing outside those territories.

Article 6

Prevention of overlapping of benefits

Provisions in the legislation of a Contracting Party for the reduction, suspension or suppression of benefits from one branch of social security where there is overlapping with benefits from an other branch or with other income, or because of an occupational activity, shall apply also to the beneficiary in respect of benefits acquired under the legislation of the other Contracting Party or in respect of income obtained, or occupation exercised, in the territory of the other Contracting Party.

PART II

DETERMINATION OF THE APPLICABLE LEGISLATION

Article 7

General rule

1. Persons to whom the provisions of this Part of the Convention apply shall be subject to the legislation of one Contracting Party only. That legislation shall be determined in accordance with the provisions of Articles 8 to 13.
    2. A person who is subject to the legislation of one Contracting Party in accordance with the provisions of this Part shall be considered as residing in the territory of that Contracting Party.

Article 8

Employed and self-employed persons

1. A person employed in the territory of one Contracting Party shall be subject to the legislation of that Contracting Party even if he resides in the territory of the other Contracting Party or if the registered office or place of business of the undertaking or individual employing him is situated in the territory of the other Contracting Party.
    2. A person employed in the territory of both Contracting Parties shall be subject to the legislation of the Contracting Party in the territory of which he is resident. If he is not resident in the territory of either Contracting Party he shall be subject to the legislation of the Contracting Party in the territory of which the employer has his principal place of business.
    3. Travelling personnel employed by an undertaking which for hire or reward or on its own account operates international transport services for passengers or goods by rail, road or air shall be subject to the legislation of the Contracting Party in whose territory the undertaking has its head office even if the employee concerned resides in the territory of the other Contracting Party.
    If however a person is employed by a branch or permanent agency which the said undertaking has in the territory of the other Contracting Party or if that person is employed and resident in the territory of this Party, the legislation of this Contracting Party shall apply.
    4. The provisions of paragraphs 1 and 2 of this Article shall equally apply to self-employed persons.

Article 9

Posted workers

Article 8, paragraph 1, shall apply subject to the following exceptions and circumstances:
    If a person employed in the territory of a Contracting Party is posted by his employer to which he is normally attached to the territory of the other Contracting Party to perform a certain work there for that employer and whilst staying in paid employment with this employer, he shall continue to be subject to the legislation of the former Contracting Party for the duration of that work as if he were still employed in the territory of this Contracting Party, provided that the relevant work will not exceed a period of two years and that the certificate of posting has been submitted no later than within the first three months of that period.
    Successive postings of the same employee by the same employer shall be counted as one unless they are separated by at least twelve months.

Article 10

Posted civil servants

Article 9 shall apply correspondingly, but without any time limit, to posted civil servants.

Article 11

Crew members on vessels

A person who is employed on board of a vessel and who is resident in the territory of a Contracting Party shall be subject to the legislation of Slovenia, if the vessel is flying under the flag of Slovenia, and to the legislation of the Netherlands, if the employer has his registered office or his place of business in the Netherlands.

Article 12

Personnel of diplomatic and consular missions

1. Nationals of a Contracting Party who are sent by the Government of this Contracting Party to the territory of the other Contracting Party as members of a diplomatic mission or consular post, shall be subject to the legislation of the former Contracting Party.
    2. Persons who are employed by a diplomatic mission or consular post of one of the Contracting Parties in the territory of the other Contracting Party, shall be subject to the legislation of the latter Contracting Party.
    3. If the diplomatic mission or consular post of one of the Contracting Parties employs persons who according to paragraph 2 of this Article are subject to the legislation of the other Contracting Party, the mission or post shall observe the obligations which the legislation of this Contracting Party imposes on employers.
    4. The provisions of paragraphs 2 and 3 of this Article shall equally apply to persons employed in the private service of a person mentioned in paragraph 1 of this Article. In that case the natural person who employs other persons shall observe the obligations which the legislation of the Contracting Party where the employment is performed imposes on employers.
    5. The provisions of paragraphs 1 to 4 of this Article do not apply to honorary members of a consular post or to persons employed in the private service of such persons.

Article 13

Exceptions to the provisions of Article 8 to 12

The competent authorities of the two Contracting Parties or the bodies designated by these authorities may agree on exceptions from the provisions of Articles 8 to 12 in the interest of employees and hereby establish obligatory insurance under the relevant legislation.

PART III

SPECIAL PROVISIONS CONCERNING THE VARIOUS CATEGORIES OF BENEFITS

Chapter 1

SICKNESS AND MATERNITY

Article 14

Entitlement to sickness and maternity benefits

1. If a person has completed insurance periods under the legislation of both Contracting Parties these periods shall be added together for the acquisition, retention or recovery of entitlement to a benefit, in so far as they do not coincide.
    2. If the legislation of one Contracting Party makes admission to compulsory insurance conditional upon the completion of insurance periods, such periods completed under the legislation of the other Contracting Party shall, to that end, for the purpose of adding periods together, be taken into account, to the extent necessary, as if they were insurance periods completed under the legislation of the first Contracting Party.

Article 15

Residence in the other State than the competent State

1. Persons who reside in the territory of the Contracting Party other than the competent State and who satisfy the conditions for entitlement prescribed by the legislation of the latter State, regard being had, where appropriate, to the provisions of Article 14, shall receive in the territory of the Contracting Party in which they reside:
    a) benefits in kind, provided at the expense of the competent institution by the institution of the place of residence in accordance with the provisions of the legislation which the latter institution applies, as if these persons were affiliated to it;
    b) cash benefits, paid by the competent institution in accordance with the provisions of the legislation which it applies, as if these persons were resident in the territory of the competent State.
    2. The provisions of the preceding paragraph shall, in respect to benefits in kind, apply by analogy to members of the family who are resident in the territory of a Contracting Party other than the competent State in so far as they are not entitled to such benefits under the legislation of the State in whose territory they reside because of a gainful occupation or because of their receiving a social security benefit of the Party in whose territory they reside.

Article 16

Transfer of residence without entitlement to benefits under the legislation of the new State of residence

If a person who has been insured under the legislation of one of the Contracting Parties is transferring his residence to the territory of the other Party, but does not satisfy the conditions for entitlement to benefits under the legislation of the latter Party, and if that person would still be entitled to such benefits under the legislation of the first Party if he were residing in the territory of that Party, such entitlement will nevertheless be retained.
    In that case Article 18, paragraphs 1, 3, 4, 5, 6, and 7 will be applicable by analogy.

Article 17

Temporary stay in or transfer of residence to the competent State

Persons or the members of their family referred to in Article 15, who are staying in or transferring their place of residence to the territory of the competent State shall receive benefits in the territory of the competent State, in accordance with the provisions of the legislation of that State, even if they have already received benefits for the same case of sickness or maternity before their temporary stay, respectively their transfer of residence; if the legislation applied by the competent institution provides for a maximum period for the provision of benefits, the period in which such benefits have been provided immediately before the transfer of residence will be taken into account.

Article 18

Stay outside the territory of the competent State – return to or transfer of residence to the territory of the other Contracting Party during sickness or maternity – provision of major benefits

1. A person who satisfies the conditions for entitlement to benefits under the legislation of one of the Contracting Parties will be entitled to such benefits during a temporary stay in the territory of the other Contracting Party when his condition necessitates immediate provision of medical care.
    2. A person who is entitled to benefits at the expense of an institution of one of the Contracting Parties and who resides in the territory of that Party, retains that entitlement when he transfers his residence to the territory of the other Contracting Party.
    However, before the transfer the person concerned will have to obtain the authorization of the competent institution. Such authorization may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health or the receipt of medical treatment.
    3. When a person is entitled to benefits in kind according to the provisions of the preceding paragraphs, these benefits shall be provided at the expense of the competent institution by the institution of the place of temporary stay or residence according to the provisions of the legislation applied by the latter institution, as if the person concerned were affiliated to it. The period during which such benefits are provided shall, however, be that laid down under the legislation of the competent State.
    4. In the cases referred to in paragraphs 1 and 2 of this Article, the supply of prosthesis, major appliances or other substantial benefits in kind – except in case of absolute urgency – will be subject to the condition that the competent institution will give its authorization.
    5. In the cases referred to in paragraphs 1 and 2 of this Article, cash benefits will be provided by the competent institution according to the provisions of the legislation which it applies.
    6. The provisions of this Article shall be applicable by analogy to the members of the family of the person concerned.
    7. The provisions of paragraphs 1 and 6 of this Article are not applicable to persons who are going to the territory of the Contracting Party other than the competent State, for the purpose of receiving medical care.

Article 19

Benefits in kind for pensioners and the members of their families

1. Where a person receiving pensions under the legislation of both Contracting Parties is entitled to benefits in kind under the legislation of the Contracting Party in whose territory he is resident, such benefits shall be provided to him and the members of his family by the institution of the place of residence at its own cost, as if he were a pensioner under the legislation of the latter Party only.
    2. Where a person receiving a pension under the legislation of one Contracting Party resides in the territory of the other Contracting Party and he is not entitled to benefits in kind under the legislation of the latter Contracting Party, the institution of the place of his residence provides according to the legislation which it applies, and at the expense of the competent institution, this person and the members of his family with benefits in kind to which this person is entitled under the legislation of the first Contracting Party or would be entitled if he were to reside in its territory.
    3. Where the members of the family of a person receiving a pension under the legislation of one Contracting Party or pensions under the legislation of both Contracting Parties are resident in the territory of a Contracting Party other than that in which the pensioner himself resides, they shall receive benefits in kind as if the pensioner were resident in the same territory, provided that he is entitled to such benefits under the legislation of a Contracting Party.
    These benefits shall be provided at the expense of the competent institution by the institution of the place of residence of the members of the family according to the provisions of the legislation which it applies, as if they were entitled to such benefits under that legislation.
    4. If the members of the family referred to in the preceding paragraph transfer their residence to the territory of the Contracting Party in which the pensioner resides, they shall be entitled to benefits in kind in accordance with the legislation of that Party, even if they have already received such benefits for the same case of sickness and maternity before transferring their residence.
    5. A person receiving a pension under the legislation of one Contracting Party and who is entitled to benefits in kind under the legislation of this Contracting Party, shall as well as the members of his family, be entitled to such benefits during a temporary stay in the territory of the Contracting Party other than the one in whose territory they reside, when their condition requires the immediate provision of such benefits.
    6. In the case referred to in the preceding paragraph, the benefits in kind shall be provided at the expense of the institution of the place of residence of the pensioner or the members of the family, by the institution of the place of temporary stay, according to its legislation, as if the person concerned were entitled to such benefits under this legislation.
    The period during which these benefits are provided shall, however, be that laid down under the legislation of the State of residence. The provisions of Article 18, paragraph 4, are applicable by analogy.
    7. Where the legislation of a Contracting Party provides for the contributions to be deducted from the pension payable for the purpose of entitlement to benefits in kind, the institution of the Contracting Party which pays the pension shall be authorized to make such deductions if the cost of benefits in kind is borne by an institution of that Contracting Party by virtue of this Article.
    8. The provisions of this Article shall not be applicable to members of the family who are entitled to benefits in kind under the legislation of the Contracting Party in the territory of which they reside because of their gainful occupation or their receiving social security benefit of the Contracting Party in whose territory they reside.
    9. The provisions of paragraph 5 of this Article shall not be applicable to persons who are going to the territory of the Contracting Party other than the one in whose territory they reside, for the purpose of receiving medical treatment.

Article 20

Calculation of Slovenian maternity cash benefit

If according to Slovenian legislation the amount of maternity benefit is calculated on the basis of the previous salary of the insured person, the Slovenian competent institution must take into consideration exclusively the salary received by the insured person during his last employment in Slovenia, whereby the average salary of the insured person received in Slovenia is determined as the average salary of the entire prescribed period.

Article 21

Reimbursement between institutions

1. The benefits in kind provided according to this chapter shall be refunded by the competent institutions or, where appropriate, by the institutions of the place of residence, to the institutions who have provided these benefits.
    2. The refunds shall be determined and made in accordance with the procedure provided for in the Administrative Arrangement referred to in Article 36, either on production of proof of actual expenditure or on the basis of lump-sum payments.

Chapter 2

COMMON PROVISIONS ON DISABILITY, OLD-AGE AND DEATH

Article 22

Where, under the legislation of one Contracting Party the conditions for acquisition, retention or recovery of the right to a benefit are not fulfilled solely on the basis of insurance periods completed under this legislation the competent institution shall for the fulfilment of these conditions take into account also insurance periods completed under the legislation of the other Contracting Party, unless the periods overlap.

Article 23

The right to a pension according to the legislation of one Contracting Party does not exist if the insurance period completed under this legislation amounts to less than 12 months. This shall not apply if the right to a pension exists solely on the basis of this insurance period.

IMPLEMENTATION OF THE SLOVENIAN LEGISLATION

Article 24

1. If the conditions for granting the right to a benefit are fulfilled under the Slovenian legislation also without the addition of insurance periods completed in both Contracting Parties, the competent institution in Slovenia shall provide the benefit solely on the basis of insurance periods completed under the Slovenian legislation.
    2. In case a person only complies with the conditions required for the granting of benefits if Article 22 is taken into consideration, the competent institution first calculates the theoretic sum of the benefit to which a person would be entitled as if the entire insurance period taken into account under the legislation of both Contracting Parties was completed under the legislation relevant for him. If the benefit sum does not depend on the insurance period, it is regarded as the theoretical sum.
    3. On the basis of the sum from the previous paragraph, the competent institution calculates the actual amount of a benefit which he is obliged to pay out in relation to the duration of the insurance period to be taken into account under the legislation relevant for him and the entire insurance period which is to be taken into account under the legislation of both Contracting Parties.

Article 25

1. For implementing Article 24, paragraph 2, to establish the pension basis according to the Slovenian legislation exclusively the Slovenian pension basis is taken into account.
    2. If in the implementing of Article 24, paragraph 3, the entire insurance period which is taken into account under the legislation of both Contracting Parties exceeds the maximum possible insurance period which has been established according to Slovenian legislation for the benefits assessment, the pro rata pension to be paid out is calculated as a relation between the insurance period under Slovenian legislation and the above stated maximum possible number of insurance months.

IMPLEMENTATION OF THE NETHERLANDS LEGISLATION

Article 26

Where a person at the time when incapacity for work followed by invalidity occurred, was subject to Slovenian legislation on pensions and entitled to Slovenian invalidity pension, and had previously completed insurance periods under the Netherlands legislation on invalidity insurance, he shall be entitled to a benefit under the latter legislation, calculated according to the rules of Article 27.

Article 27

1. The amount of the benefit referred to in Article 26 shall be calculated in proportion to the ratio of the total length of the periods of insurance completed by the person concerned under the Netherlands legislation after the age of 15 years to the period between the date on which he reached the age of 15 and the date of his incapacity for work followed by invalidity.
    2. If, at the time when incapacity for work followed by invalidity occurred, the person concerned was an employed person or a person treated as such, the benefit due shall be determined according to the Disablement Benefits Act of 18 February 1966 (WAO). If not, the benefit due shall be determined according to the Self-employed Persons Disablement Benefits Act of 24 April 1997 (WAZ).
    3. As periods of insurance completed under the Netherlands legislation shall be considered:
    a) periods of insurance completed under the Disablement Benefits Act of 18 February 1966 (WAO);
    b) periods of insurance completed under the Self-employed Persons Disablement Benefits Act of 24 April 1997 (WAZ);
    c) periods of employment and periods treated as such completed in the Netherlands before 1 July 1967.
    4. In the case referred to in paragraph 2, first sentence of this Article, when an insurance period under the WAO coincides with an insurance period under the WAZ, only the period completed under the WAO shall be taken into account.
    5. In the case referred to in paragraph 2, second sentence of this Article, when an insurance period under the WAZ coincides with an insurance period under the WAO, only the period completed under the WAZ shall be taken into account.

Article 28

Provisions relating to Netherlands’ old age pension

1. In case of old age the Netherlands’ insurance institution determines the pension directly and exclusively on the basis of the periods of insurance completed under the Netherlands’ legislation on old age insurance.
    2. The reduction referred to in Article 13, paragraph 1 of the Law on general old-age insurance (AOW) shall not be applied to calendar years or parts thereof before the entry into force of this Convention during which a married woman or a widow between the age of 15 years and 65 years, residing in Slovenia, was not insured under the abovementioned law in so far as the calendar years or parts thereof coincide with periods of insurance completed during their marriage by her husband under that legislation.
    By way of derogation from Article 7 of the AOW, the said woman shall be considered as being entitled to a pension.
    3. The reduction referred to in Article 13, paragraph 2 of the AOW shall not be applied to calendar years or parts thereof before the entry into force of this Convention during which the married woman of the pensioner resided in Slovenia between the age of 15 years and 65 years and was not insured under the abovementioned legislation in so far as the calendar years or parts thereof coincide with periods of insurance completed during their marriage by her husband under that legislation.
    4. The provisions referred to in paragraphs 2 and 3 of this Article shall be applied only if the person concerned has resided for six years in the territory of Slovenia or the Netherlands after the age of 59 years and for as long as that person is residing in the territory of one of the Contracting Parties.
    5. By way of derogation from the provisions of Article 45, paragraph 1 of the Law on general old-age insurance (AOW), and Article 63, paragraph 1 of the general insurance for survivors Act (ANW), the spouse of an employed person covered by the compulsory insurance scheme, residing in Slovenia shall be authorized to take out voluntary insurance under that legislation but only for the periods after the entry into force of this Convention during which the employed person is or was compulsorily insured under the abovementioned legislation. This authorization ceases on the date of termination of the compulsory insurance of the employed person.
    The aforementioned authorization shall not cease, however, where the compulsory insurance of the employed person is terminated as a result of his death and where his widow receives only a pension under the Netherlands legislation on general insurance for survivors Act (ANW).
    In any event, the authorization in respect of voluntary insurance ceases on the date on which the voluntarily insured person reaches the age of 65 years.
    The contribution which has to be paid for the aforementioned voluntary insurance shall be determined for the spouse of an employed person who is compulsorily insured under the AOW and the ANW in accordance with the provisions relating to the determination of the contribution of compulsory insurance, subject to the condition that his or her income shall be deemed to have been received in the Netherlands.
    For the spouse of an employed person who was compulsorily insured on or after the date of entry into force of this Convention the contribution shall be determined in accordance with the provisions relating to the determination of the contribution for voluntary insurance under the AOW and the ANW.
    6. The authorization referred to in paragraph 5 of this Article shall be granted only if the spouse of an employed person has informed the Sociale Verzekeringsbank (Social Insurance Bank) not later than one year after commencement of the compulsory insurance period of the employed person of the intention to take out voluntary insurance.
    For the spouse of an employed person who was compulsorily insured immediately prior to or on the date of entry into force of this Convention, the period of one year shall commence on the date of the entry into force of this Convention.
    7. The provisions referred to in paragraphs 2 and 3 of this Article shall not be applicable to periods coinciding with periods which may be taken into account for the calculation of pension rights under the legislation governing old-age pensions in a State other than the Netherlands, or for periods during which the person concerned received an old-age pension under such legislation.
    8. The provisions of paragraphs 2 and 3 of this Article shall only be applied to the spouse who has taken out voluntary insurance under Netherlands legislation according to paragraph 5 of this Article.

Article 29

When a person at the time of his death was subject to Slovenian legislation on pensions and had previously completed insurance periods under the Netherlands legislation on general insurance for survivors (ANW), his survivors shall be entitled to a benefit under this legislation, calculated in accordance with the rules of Article 30.

Article 30

The amount of the benefit referred to in Article 29 shall be calculated in proportion to the ratio of the total length of the periods of insurance completed by the deceased under the Netherlands legislation before he reached the age of 65 to the period between the date on which he reached the age of 15 years and the date of his death, but at the latest the date on which he reached the age of 65 years.

Chapter 3

UNEMPLOYMENT

Article 31

If the legislation of both Contracting Parties has been applicable to a person, then the periods of insurance or employment, which are to be taken into consideration according to both Parties’ legislation, shall be added together for the acquisition, retention or recovery of the right to receive unemployment benefits, in so far as these periods do not coincide.

Article 32

An employed person, residing in the territory of a Contracting Party, moving to the territory of the other Contracting Party and being last subject to the legislation of the latter Contracting Party, is entitled to unemployment benefits under the legislation of the latter Contracting Party during his stay on its territory, if:
    a) he satisfies the conditions of the legislation of that Party, taking into account the totalisation of periods of insurance of Article 31; and
    b) he has been employed in the territory of that Party for at least four weeks in total during the last twelve months before submitting the claim; and
    c) he has been licensed for working in the territory of that Party according to its legislation on the placement of foreign workers.

Article 33

When calculating the benefit, in cases where this Chapter applies, only income accrued in the territory of the Contracting Party which pays the benefit shall be taken into account.

Chapter 4

CHILDREN’S ALLOWANCES

Article 34

1. A person employed in the territory of one Contracting Party shall be entitled to children’s allowances under its legislation even if the child resides on the territory of the other Contracting Party.
    2. Paragraph 1 of this Article shall be applied as long as the Netherlands’ legislation allows the payment of children’s allowances on behalf of children residing outside the territory of the Netherlands.

Article 35

If the conditions for the entitlement to children’s allowances are satisfied under the legislation of both Contracting Parties the entitlement to children’s allowances shall be awarded solely under the legislation of the Contracting Party in whose territory the child resides.

PART IV

MISCELLANEOUS PROVISIONS

Article 36

Administrative arrangement

The competent authorities shall agree on provisions for the implementation of this Convention by way of an administrative arrangement. Furthermore, they shall designate liaison bodies in their respective territories to facilitate the implementation of this Convention.

Article 37

Identification

For being entitled to or for maintaining the entitlement to a benefit in cash according to the Netherlands legislation an employed person, a person treated as such and his survivors, residing in Slovenia, are obliged for identifying themselves towards the Slovenian competent institution by way of an official identification card. The Slovenian competent institution duly identifies the person on presentation of his identification card. An identification card is a passport or other valid identification-document delivered by the competent authority of the place of residence. The Slovenian competent institution informs the Netherlands competent institution that the identity has been duly verified, by sending a copy of the identification card.

Article 38

Mutual assistance

1. The competent authorities shall communicate to each other all amendments in their legislations which are of substantial significance to the application of this Convention.
    2. For the purpose of applying this Convention, the authorities and insurance institutions of the Contracting Parties shall lend their good offices as though applying their own legislation. Such mutual administrative assistance shall be provided free of charge.
    3. The authorities and insurance institutions of the Contracting Parties may for the purpose of applying this Convention, communicate directly with each other and with the persons concerned or their representatives.
    4. The authorities, insurance institutions and jurisdictions of a Contracting Party may not reject claims or other documents submitted to them by reason of the fact that they are written in a foreign language provided they are in the official language of the other Contracting Party or in the English language.

Article 39

Verification of claims and payments

1. The competent institution of the Contracting Party with which an application for benefits has been filed shall verify the accuracy of the information pertaining to the applicant and his family member and provide such evidence and other documentation as may be necessary for the institution of the other Contracting Party to complete action on the claim.
    2. Paragraph 1 of this Article applies mutatis mutandis if the competent institution of one of the Contracting Parties makes a request for verification of information with the institution of the other Contracting Party for the purpose of establishing the legitimacy of payments to the pensioners residing in the territories of the respective Contracting Parties.
    3. The information referred to in paragraphs 1 and 2 of this Article also includes information on income, household status and medical state.
    4. The competent institutions of the Contracting Parties may communicate directly with each other and with their respective pensioners or their representatives.
    5. The diplomatic and consular representatives and the institutions of the Contracting Parties may request information directly from authorities in the territory of the other Contracting Party for the purpose of establishing entitlement to benefit and the legitimacy of payments in respect of the respective pensioners of the Contracting Parties.

Article 40

Language

The competent authorities, liaison bodies and insurance institutions of the Contracting Parties shall correspond with each other in the English or the French language.

Article 41

Exemption from fees

Any exemption granted in the territory of one of the Contracting Parties from stamp duty, notarial or registration fees in respect of certificates and documents required to be submitted to authorities and insurance institutions in the same territory, shall also apply to certificates and documents which, for the purpose of the implementation of this Convention, have to be submitted to authorities and insurance institutions in the territory of the other Contracting Party. Documents and certificates required to be produced for the purpose of the implementation of this Convention shall be exempted from authentication by diplomatic or consular authorities.

Article 42

Submitting of claims, appeals or other documents

1. Applications, appeals and other documents which, in accordance with the legislation of a Contracting Party, have to be submitted to an authority or insurance institution within a specified period shall be admissible if they are submitted within the same period to a corresponding authority or insurance institution of the other Contracting Party. The authority or insurance institution of the latter Contracting Party shall without delay forward them to the authority or insurance institution of the former Contracting Party. The date on which these documents were submitted to the authority or insurance institution of the latter Contracting Party shall be considered as the date of their submission to the authority or insurance institution of the former Contracting Party.
    2. An application for a benefit submitted in accordance with the legislation of one Contracting Party shall be considered as an application for the corresponding benefit under the legislation of the other Contracting Party. With respect to old-age pensions, however, this shall not apply if the applicant states or if it is quite evident that the application refers solely to a pension under the legislation of the former Contracting Party.

Article 43

Currencies

1. Where, under this Convention, an insurance institution of a Contracting Party is liable to pay cash benefits to a beneficiary who is in the territory of the other Contracting Party, its liability shall be expressed in the currency of the first Contracting Party. That institution may validly discharge its liability in the currency of the second Contracting Party.
    2. Where, under this Convention, an insurance institution of a Contracting Party is liable to make payments to an insurance institution of the other Contracting Party, its liability shall be expressed in the currency of the second Contracting Party. The first insurance institution may validly discharge its liability in that currency.
    3. Money transfers which result from the application of this Convention shall be effected in accordance with the relevant agreements in force between the Contracting Parties at the date of transfer.
    4. In the event of restrictions on currency being enforced by one of the Contracting Parties, both Contracting Parties shall immediately agree upon necessary measures to ensure the transfer between the territories of both Contracting Parties of any amount payable pursuant to this Convention.
    5. In the event there is no convertibility between Netherlands’ and Slovenian currencies, the payments between institutions for the application of Article 21 of this Convention and Article 30 of the Administrative Arrangement will be calculated on the basis of the indicative exchange-rate applying at the date on which the payment can be made, as advised by the Netherlands Central Bank.
    6. In the event there is no convertability between Netherlands’ and Slovenian currencies, the undue payments or the contributions for the application of Articles 44 and 45 will be calculated on the basis of the indicative exchange-rate, as advised by the Netherlands Central Bank at the date specified for the enforcement of the decision on the recovery of undue payments and on the collection of contributions.

Article 44

Recovery of undue payments

1. The Contracting Parties recognize each other’s administrative or judicial decisions on the recovery of undue payments made under their legislations, provided that such decisions are no longer subject to appeal before any national court.
    2. The Contracting Parties will lend their good offices to the implementation of decisions as referred to in paragraph 1 of this Article.
    3. At the request of a competent institution the other competent institution will initiate administrative or judicial proceedings to implement decisions as referred to in paragraph 1 of this Article. The costs of these proceedings shall be reimbursed by the requesting institution.
    4. If, when awarding or reviewing benefits in respect of invalidity, old-age or death pursuant to the Convention, the competent institution of one of the Contracting Parties has paid to a recipient of benefits a sum in excess of that to which he is entitled, that institution may request the competent institution of the other Party responsible for the payment of corresponding benefits to that recipient to deduct the amount overpaid from the arrears which it pays to the said recipient. The latter competent institution shall transfer the amount deducted to the creditor institution. Where the amount overpaid cannot be deducted from the arrears the provisions of paragraph 5 of this Article shall apply.
    5. When a competent institution of a Contracting Party has paid to a recipient of benefits a sum in excess of that to which he is entitled, that institution may, within the conditions and limits laid down by the legislation which it administers, request the competent institution of the other Contracting Party responsible for the payment of benefits to that recipient, to deduct the amount overpaid from the amounts which it pays to the said recipient. The latter institution shall make the deduction under the conditions and within the limits provided for such setting-off by the legislation which it administers, as if the sums had been overpaid by itself, and shall transfer the amount deducted to the creditor institution.

Article 45

Collection of Contributions

1. The Contracting Parties recognize each other’s decisions on collection of contributions made under their legislations, provided that such decisions are no longer subject to appeal before any national court.
    2. The Contracting Parties will lend their good offices to the implementation of decisions as referred to in paragraph 1 of this Article.
    3. At the request of a competent institution, the other competent institution will initiate legal proceedings to implement decisions as referred to in paragraph 1 of this Article. The costs of these proceedings shall be reimbursed by the requesting institution.

Article 46

Disputes

1. Disputes arising in connection with the application of this Convention are to be resolved by negotiations between the competent authorities.
    2. If the dispute has not been settled within six months following the first request to start the negotiations prescribed in paragraph 1 of this Article, it shall be submitted to an arbitral tribunal whose composition and procedure shall be agreed upon by the Contracting Parties. The arbitral tribunal shall settle the dispute according to the fundamental principles and in the spirit of the present Convention. The decision by the arbitral tribunal shall be final and binding upon the Contracting Parties.

PART V

TRANSITIONAL AND FINAL PROVISIONS

Article 47

Transitional provisions relating to benefits

1. Subject to paragraph 3 of this Article this Convention shall also apply to contingencies arising prior to its entry into force. However, no benefits shall be provided under this Convention with respect to any period prior to its entry into force, although periods of insurance or residence completed before the said entry into force shall be taken into account in the determination of benefits.
    2. Provisions in the laws of the Contracting Parties concerning the prescription and the termination of the right to cash benefits shall not apply to rights arising out of the provisions of paragraph 1 of this Article, provided that the beneficiary submits his application for a benefit within two years after the date of entry into force of this Convention.
    3. Benefits, that have been awarded before the date of entry into force of this Convention and in accordance with the provisions of the Convention on Social insurance between the Kingdom of the Netherlands and the Socialist Federal Republic of Yugoslavia of 11 May 1977, shall be maintained on the basis of the last mentioned Convention.
    However, if the method of determining benefits, the rules for calculating benefits including by reason of an increase in the cost of living or changes in the level of wages or salaries or other reasons for adjustment or new facts or circumstances affecting the benefits have to be considered, a recalculation shall be carried out in accordance with this Convention.

Article 48

Annulment of former Convention

From the date of entry into force of this Convention, the Convention on Social insurance between the Kingdom of the Netherlands and the Socialist Federal Republic of Yugoslavia, signed at Belgrade on 11 May 1977, shall cease to be in force between the Republic of Slovenia and the Kingdom of the Netherlands.

Article 49

Denunciation

1. This Convention may be denounced by either of the Contracting Parties. Notice of denunciation shall be given in written form through diplomatic channels not less than three months before the expiry of the current calendar year, whereupon the Convention shall cease to be in force at the expiry of the calendar year in which it is denounced.
    2. If the Convention is denounced, its provisions shall continue to apply to benefits which have already been acquired, notwithstanding any provision that may have been enacted in the legislation of the two Contracting Parties concerning restrictions of the right to benefits in connection with residence in, or citizenship of, other countries. Any right to future benefits which may have been acquired by virtue of the Convention shall be settled by special agreement.

Article 50

Final Protocol

The Final Protocol attached to this Convention forms an integral part of this Convention.

Article 51

Entry into force

Both Contracting Parties shall notify each other in writing of the fulfilment of their respective constitutional requirements for the entry into force of the present Convention. The Convention shall enter into force on the first day of the third month after the date of the last notification, on the understanding that Article 3 and Article 5 shall enter into force with retroactive effect to 1 January 2000.
    IN WITNESS WHEREOF the undersigned, duly authorised by their respective Governments, have signed this Convention.
    DONE in two original copies at Ljubljana, on this 22 day of March 2000, in the English language.

FINAL PROTOCOL

At the moment of signing the Convention between the Republic of Slovenia and the Kingdom of the Netherlands on social security, the undersigned plenipotentiaries have agreed as follows.

Application of the Netherlands legislation on health insurances

1. As regards entitlement to benefits in kind under the Netherlands legislation Chapter 1 of Part III of this Convention is only applicable to persons who are insured under the provisions of the Health Insurance Act (Ziekenfondswet).
    2. For the purpose of Article 19 of this Convention, the following pensions shall be treated as pensions due under the Netherlands legislation:
    – pensions pursuant to the Law of 6 January 1966 establishing a new pension scheme for civil servants and their survivors (Algemene burgerlijke pensioenwet);
    – pensions pursuant to the Law of 6 October 1966 establishing a new pension scheme for servicemen and their survivors (Algemene militaire pensioenwet);
    – pensions pursuant to the Law of 15 February 1967 establishing a new pension scheme for members of the personnel of the Netherlands Railways and their survivors (Spoorwegpensioenwet);
    – pensions pursuant to the Regulation on conditions of employment of the Netherlands Railways (R.D.V. 1964 N.S.);
    – a retirement benefit for persons aged under 65 provided under a pension scheme designated to provide an old age pension to employed persons and formerly employed persons, and
    – a benefit on account of accelerated retirement from professional activities under a scheme laid down by the government or under a regulation laid down according to a collective labour agreement concerning accelerated retirement or under such regulation indicated by the “Ziekenfondsraad”.
    3. The members of the family referred to in Article 15, paragraph 2, or the person or the members of the family referred to in Article 16, or the pensioner and the members of his family referred to in Article 19, paragraphs 2 and 3, of the Convention, who are residing in the Netherlands but who are entitled to benefits in kind at the expense of the Republic of Slovenia, are not insured under the Exceptional Medical Expenses Act (AWBZ).
    In witness whereof the undersigned, duly authorized by their respective Governments, have signed the Final Protocol.
    Done in duplicate at Ljubljana on this 22 day of March 2000 in the English language.