Agreement
between the Republic of Latvia and the Republic of Finland on
Social Security
The Republic of Latvia and the Republic of
Finland,
Being desirous of developing their close cooperation in
the field of social security and coordinating the social security
rights of persons moving between the Republic of Latvia and the
Republic of Finland, have agreed as follows:
Part I
General provisions
Article 1
Definitions
1. For the purposes of this Agreement:
a) "Contracting Party" means the
Republic Latvia of or the Republic of Finland;
b) "legislation" means the laws,
decrees, regulations and other statutory instruments relative to
the social security schemes of the Contracting Parties specified
in Article 2;
c) "competent authority" means, as
regards the Republic of Latvia: the Ministry of Welfare and, as
regards the Republic of Finland: the Ministry of Social Affairs
and Health;
d) "institution" means the authority,
institution or body responsible for administering the legislation
specified in Article 2;
e) "competent institution" means the
institution which is responsible for providing benefits under the
applicable legislation;
f) "benefit" means any payment in cash
or other benefit under the legislation defined in Article 2; the
benefits based on employment referred to in paragraph 2 of
Article 6 are, as regards the Republic of Latvia: sickness and
maternity benefits, state pensions, unemployment benefits,
compensations (benefits) in case of work injuries and
occupational diseases as well as funeral grants and, as regards
the Republic of Finland: sickness allowances and parents'
benefits based on earned income, employment accident insurance
allowances and employment accident pensions as well as employment
pensions and unemployment benefits;
g) "medical care" means, as regards the
Republic of Latvia: scope of state guaranteed health care
services and, as regards the Republic of Finland: public health
care services and refunds of medical expenses under the Sickness
Insurance Act;
h) "parents' benefit" means, as
regards the Republic of Latvia: maternity benefits and, as
regards the Republic of Finland: maternity, paternity and
parents' allowances under the Sickness Insurance
Act;
i) "family benefit" means, as regards
the Republic of Latvia: birth grant, child care allowances and
family state allowances and, as regards the Republic of Finland:
child allowances and maternity grants;
j) "period of insurance" means a period
of employment or self-employment, of contributions or residence,
as defined or recognized as a period of insurance in the
legislation under which such period has been or is deemed to have
been completed, or any similar period insofar as it is recognized
in the legislation of a Contracting Party as equivalent to a
period of insurance;
k) "future period" means, as regards the
Republic of Finland: the period between the contingency and
pensionable age;
l) "residing" means, as regards the
Republic of Latvia: that a person has his place of residence in
the territory of the Republic of Latvia, including a person who
has a residence permit whether temporary or permanent to stay in
the Republic of Latvia and, as regards the Republic of Finland:
that the person is permanently resident and has his home in
Finland and that he mainly stays in Finland;
m) "employment" means, as regards the
Republic of Latvia: activity which is the basis for considering a
person employed or self-employed while social security
contributions have been made and, as regards the Republic of
Finland: activity which is the basis for considering a person
employed or self-employed under the legislation concerning the
Employment Pension Scheme and, for the purposes of Article 25,
activity under the Unemployment Allowances Act;
n) "family member" means, as regards the
Republic of Latvia: spouse and any child under 18 years of age as
well as children under 24 years of age who are full-time students
and, as regards the Republic of Finland: spouse and any child
under 18 years of age as well as children under 25 years of age
who are full-time students or students in vocational
training.
2. Other words and expressions used in this Agreement
shall have the meanings respectively assigned to them in the
applicable legislation of the Contracting Parties.
3. Any reference in this Agreement to an
"Article" means an Article of this Agreement, and any
reference to a "paragraph" is a reference to a
paragraph of the Article in which the reference is
made.
Article 2
Applicable legislation
1. This Agreement shall apply to the legislation
governing:
A. As regards the Republic of Latvia:
a) state pensions including old-age pensions, disability
pensions, survivor's pensions and special service
pensions;
b) state social security allowances;
c) sickness and maternity benefits;
d) work injuries and occupational diseases
insurance;
e) unemployment benefits;
f) family benefits;
g) medical care;
h) funeral grants, and
i) social security contributions.
B. As regards
the Republic of Finland:
a) public health care services;
b) sickness insurance including parents'
benefits;
c) the Employment Pension Scheme and the National Pension
Scheme;
d) the Employment Accident and Occupational Diseases
Insurance Scheme;
e) unemployment benefits under the Unemployment
Allowances Act;
f) rehabilitation allowance and rehabilitation provided
by the Social Insurance Institution, as far as the application of
Articles 7-9 is concerned;
g) disability allowance, child care allowance and labour
market support, as far as the application of Articles 7-9 is
concerned;
h) child allowances and maternity grants, and
i) employer's social security
contributions.
2. Unless otherwise agreed between the Contracting
Parties, this Agreement shall also apply to future legislation
codifying, replacing, amending or complementing the legislation
referred to in paragraph 1.
3. At the entry into force of this Agreement the
competent authorities shall notify each other of their
legislation in the fields of social security referred to in
paragraph 1. After that, every year before the end of February,
the competent authorities shall notify each other of the
amendments to their respective legislation's which have
entered into force by that time.
4. The application of this Agreement shall not be
affected by international agreements concluded by the Contracting
Parties, or by such legislation of a Contracting Party that has
been promulgated for the implementation of an international
agreement.
Article 3
Persons covered by this
Agreement
This Agreement shall apply to all persons who are or have
been subject to the legislation referred to in Article 2, as well
as to family members and survivors of such persons insofar as
they derive their rights from those persons.
Article 4
Equal treatment
1. Subject to paragraph 3 and Article 16, the following
persons shall, while residing in the territory of a Contracting
Party, have the same rights and obligations under the legislation
of a Contracting Party as nationals of that Contracting
Party:
a) nationals of the other Contracting Party;
b) refugees, as referred to in the Convention relating to
the Status of Refugees of 28 July 1951 and the Protocol of 31
January 1967 to that Convention;
c) family members and survivors of the persons mentioned
under sub-paragraphs a-b with regard to rights which they derive
from such persons.
2. The provisions of paragraph 1 shall in regard to the
Republic of Finland also apply to stateless persons referred to
in the Convention relating to the Status of Stateless persons of
28 September 1954, provided that they reside in the territory of
a Contracting Party.
3. This Article shall not apply when implementing
paragraph 1 of the transitional provisions of the Act on State
Pensions of the Republic of Latvia.
Article 5
Export of benefits
1. Subject to paragraph 3 and Article 16, pensions and
other benefits under the pension schemes as well as pensions and
cash benefits due to employment accidents and occupational
diseases shall not be reduced, altered, suspended or withdrawn
because the person concerned resides in the territory of the
other Contracting Party.
2. Subject to paragraph 3, the pensions referred to in
the preceding paragraph shall be payable to nationals of the
other Contracting Party residing in the territory of a third
State on the same conditions as those applicable under the
legislation of the Contracting Party concerned to its own
nationals residing in the territory of a third State.
3. The provisions of paragraphs 1 and 2 shall not apply
to Finnish unemployment pensions, part-time pensions or
pensioners' housing allowances and Latvian state social
security allowances.
Part II
Provisions on applicable
legislation
Article 6
Main rules
1. Subject to paragraph 2 and Articles 7-9, a person
employed in the territory of a Contracting Party shall be subject
to the legislation of that Contracting Party, irrespective of in
whose territory he resides. Other persons shall be subject to the
legislation of a Contracting Party, if they reside in the
territory of that Contracting Party.
2. A person residing in the territory of one Contracting
Party who is employed in the territories of both Contracting
Parties is entitled to the residence-based benefits only under
the legislation of the Contracting Party in whose territory he
resides. The benefits based on employment are determined
according to the legislation of both Contracting
Parties.
3. The Contracting Parties shall inform each other of the
date on which a person has become subject to the legislation of
that Contracting Party.
Article 7
Exceptions
1. A person who
a) is employed by an employer whose registered place of
business is in the territory of a Contracting Party,
and
b) is subject to the legislation of that Contracting
Party, and
c) is sent to work in the territory of the other
Contracting Party for the same employer or a related employer for
a period not exceeding 3 years
shall continue to be subject to the legislation of the
former Contracting Party as if he would be resident and employed
in the territory of that Contracting Party.
2. The travelling personnel of a transport undertaking
operating in the territories of both Contracting Parties shall be
subject to the legislation of the Contracting Party in whose
territory the undertaking has its registered place of
business.
3. a) The crew of a vessel shall be subject to the
legislation of the Contracting Party whose flag it
flies.
b) If a vessel flying the flag of a Contracting Party is
hired out mainly without the crew to a shipping company in the
territory of the other Contracting Party, the provision of
sub-paragraph a) of this paragraph shall apply only to a person
who is employed by the owner of the vessel or by an employer used
by the owner. Persons employed by a shipping company or an
employer used by it shall be subject to the legislation of the
Contracting Party in whose territory the registered place of
business of the shipping company or the employer used by it is
situated.
4. a) The members of a diplomatic mission and the members
of a consular post of a Contracting Party shall be subject to the
legislation of the sending Contracting Party, provided that they
are nationals of that Contracting Party.
b) The administrative and technical staff and the service
personnel of a diplomatic mission as well as the employees and
service personnel of a consular post of a Contracting Party shall
be subject to the provisions of paragraph 1 of Article 6. They
may, however, opt to be subject to the legislation of the
Contracting Party by which diplomatic mission or consular post
they are employed, provided that they are nationals of that
Contracting Party. The choice shall be made within 6 months after
the entry into force of this Agreement or after the beginning of
the employment in the territory of the other Contracting
Party.
c) The provisions of sub-paragraph a) of this paragraph
shall apply similarly to civil servants and persons treated as
such.
5. A student who immediately prior to the beginning of
his studies has been subject to the legislation of a Contracting
Party, and who is a full-time student or in vocational training
in the territory of the other Contracting Party, shall remain
subject to the legislation of the former Contracting Party,
unless otherwise provided in Article 6. In regard to employment
accident insurance and occupational diseases insurance a student
participating in practical training in connection with his
studies in the territory of a Contracting Party shall, however,
be subject to the legislation of that Contracting
Party.
Article 8
Exceptions to Articles 6-7
1. Exceptions to the provisions of Articles 6 to 7 shall
be agreed upon by the competent authorities or the bodies
authorized by them.
2. Unless there are special reasons for doing otherwise,
no exceptions may be agreed upon for a period longer than 5
years, including the period provided in paragraph 1 of Article
7.
Article 9
Application of Articles 6-8 to family
members
1. The family members accompanying an employee referred
to in paragraph 1 of Article 7, and living with him in the same
household, shall be subject to the legislation of the same
Contracting Party as the employee.
2. The family members accompanying a person referred to
in paragraph 4 a) and c) and paragraph 5 of Article 7, and living
with him in the same household, shall be subject to the
legislation of the same Contracting Party as the person referred
to above.
3. When agreeing on the exceptions under Article 8 from
the provisions of Articles 6 and 7, the persons accompanying the
employee, and living with him in the same household, shall be
subject to the legislation of the same Contracting Party in
regard to which the exception has been agreed on, unless there
are other provisions on family members in this
Agreement.
4. The provisions of paragraphs 1, 2 and 3 shall not
apply, if the family member on the basis of his own employment is
subject to the legislation of the other Contracting
Party.
Article 10
Insurance contributions
Any insurance contributions concerning an employed or
self-employed person shall be payable according to the
legislation of the Contracting Party subject to whose legislation
he is according to this Agreement on the basis of his own
employment starting from the first day of employment. The
insurance contributions related to that work and income from it
shall not be payable under the legislation of the other
Contracting Party.
Part III
Special provisions concerning the
various categories of benefits Sickness benefits, parents'
benefits and medical care
Article 11
Taking into account periods of insurance
and periods of entitlement to benefits
1. When determining the entitlement to sickness or
parents' benefits, periods of insurance and periods of
entitlement to benefits completed in the territory of the other
Contracting Party shall, to the extent necessary, be taken into
account, provided that they are not overlapping.
2. For the implementation of paragraph 1, it is
furthermore required that a person has completed periods of
insurance under the legislation of a Contracting Party amounting
to at least 4 weeks immediately before the first day of the
sickness benefits period or parents' benefits period under
the legislation of that Contracting Party.
Article 12
Provision of medical care
1. If a person resident in the territory of one
Contracting Party needs immediate medical care during a temporary
stay in the territory of the other Contracting Party, he shall be
entitled to receive such medical care on the same conditions that
apply to residents of that other Contracting Party.
2. Except for emergencies, the provisions of paragraph I
shall not apply to granting protheses, major aid devices or other
substantial benefits related to medical care specified in the
Administrative Arrangement referred to in Article 27.
3. The provisions of paragraph 1 shall not apply to
persons who go to the territory of the other Contracting Party
for the purpose of receiving medical care.
4. When a person residing in the territory of a
Contracting Party is subject to the legislation of the other
Contracting Party in accordance with Article 6, he is entitled to
medical care also in the territory of the Contracting Party where
he resides.
5. A person who is receiving a pension under the
legislation of a Contracting Party is entitled to medical care in
the territory of the Contracting Party where he
resides.
Article 13
Entitlement to medical care of those
employed in a diplomatic mission or consular post, their family
members and certain other categories of people
1. The provisions of paragraphs 1 and 2 of Article 12
shall apply in the territory of one Contracting Party to the
staff members of the diplomatic mission or consular post of the
other Contracting Party, as well as to their family members
living in the same household.
2. The mission or post of the Contracting Party referred
to in the preceding paragraph may agree on more extensive
benefits related to medical care with a care establishment of the
other Contracting Party.
3. The provisions of paragraphs 1 and 2 of Article 12
shall also apply to persons who, on the basis of the provisions
of Articles 7-9, are subject to the legislation of the other
Contracting Party.
Article 14
Reimbursement of costs of medical care
between the Contracting Parties
The costs of benefits related to medical care provided in
accordance with the provisions of paragraphs 1 and 2 of Article
12 and paragraphs 1 and 3 of Article 13 shall be reimbursed
between the Contracting Parties as determined in greater detail
in the Administrative Arrangement referred to in Article
27.
Old-age, disability and survivors'
pensions
Article 15
Granting of pensions
When granting pensions on the basis of this Agreement,
the competent institutions of the Contracting Parties shall apply
their respective legislations.
Article 16
Special provisions applicable to the
Finnish National Pension Scheme
1. Notwithstanding Article 4 and paragraphs 1 and 2 of
Article 5, the entitlement to and the payment of benefits under
the legislation concerning national pensions and survivors'
pensions shall be determined according to this
Article.
2. A national of a Contracting Party residing in the
territory of a Contracting Party shall be entitled to:
a) an old-age pension, if he has been resident in the
Republic of Finland for an unbroken period of at least 3 years
after having reached the age of sixteen years;
b) a widow's or widower's pension, if he and the
deceased person had been resident in the Republic of Finland for
an unbroken period of at least 3 years after having reached the
age of sixteen years and the deceased was a national of a
Contracting Party and resided in the territory of a Contracting
Party at the time of death;
c) an orphan's pension, if the deceased person was a
national of a Contracting Party who had been resident in the
Republic of Finland for an unbroken period of at least 3 years
after having reached the age of sixteen years and who resided in
the territory of a Contracting Party at the time of
death.
Article 17
Special provisions applicable to the
Finnish Employment Pension Scheme
1. If the entitlement to a pension requires completion of
insurance periods, the insurance periods completed in the
Republic of Latvia on the basis of the person's own
employment shall, to the extent necessary, be taken into
account.
2. For entitlement to a pension based on the future
period the person shall have been subject to the Finnish
Employment Pension Scheme for at least twelve calendar months
during a period consisting of the year of contingency and the 10
calendar years preceding it.
3. If the person does not fulfil the requirement of 5
years' residence under the Finnish employment pension
legislation for entitlement to a pension based on the future
period, the insurance periods completed in the Republic of Latvia
on the basis of the person's own employment shall be taken
into account, provided that they are not overlapping.
Article 18
Special provision applicable to the
Latvian State Pensions Scheme
1. For the purposes of determining eligibility for
pensions under the Latvian State Pensions Scheme, the insurance
periods completed under the Finnish Employment Pension Scheme
shall be taken into account, provided that they are not
overlapping.
2. If the person is entitled to an old-age pension based
on paragraph 1 only in the Republic of Latvia and the amount of
the pension benefit does not reach the minimum amount, the
pension shall be increased to a minimum pension benefit according
to Latvian legislation, provided that the person has been subject
to the Latvian state pension scheme for at least twelve calendar
months. The pension benefit shall be redetermined after the other
Contracting Party has granted a pension.
3. For entitlement to a disability or survivor's
pension the person shall have been subject to the Latvian state
pension scheme for at least twelve calendar months.
Article 19
Special provisions applicable to the
Latvian state social security allowance
For the purposes of determining eligibility for Latvian
state social security allowance, periods of residence completed
in the Republic of Finland shall be taken into account, provided
that the person has been residing in the Republic of Latvia for
the last twelve months immediately before claiming the allowance
or the deceased breadwinner has been residing in the Republic of
Latvia for the last twelve months immediately before
death.
Occupational diseases and employment
accidents
Article 20
Applicable legislation
The right to benefits due to an accident at work and an
occupational disease shall be determined according to the
legislation applying to the beneficiary at the time of the
accident, as provided in Articles 6-8.
Article 21
Occupational diseases
1. When a person who has contracted an occupational
disease has, under the legislation of both Contracting Parties,
pursued an activity likely to cause this disease, the benefits
that he or his survivors may claim shall be awarded exclusively
under the legislation of the last of these Contracting
Parties.
2. However, if there is no entitlement to benefits under
the legislation of the last Contracting Party, the claim shall be
referred by the institution of that Party to the institution of
the first Contracting Party, which shall study the case under the
terms of its legislation.
Article 22
Degree of disability
If the legislation of one Contracting Party explicitly or
implicitly provides that previous employment accidents or
occupational diseases are taken into consideration when
determining the degree of disability, the competent institution
of that Contracting Party shall also take into consideration the
previous employment accidents or occupational diseases sustained
while under the legislation of the other Contracting Party, as if
the legislation of the first Contracting Party had been
applicable.
Article 23
Aggravation of an occupational
disease
In the event of aggravation of an occupational disease
for which a person has received or is receiving benefit under the
legislation of a Contracting Party, the following rules shall
apply:
a) if the person concerned has not, while in receipt of
benefits, been engaged in an occupation under the legislation of
the other Contracting Party likely to cause or aggravate the
disease in question, the competent institution of the first
Contracting Party shall meet the cost of the benefits under the
provisions of the legislation which it administers taking into
account the aggravation;
b) if the person concerned, while in receipt of benefits,
has pursued such an activity under the legislation of the other
Contracting Party, the competent institution of the first
Contracting Party shall meet the cost of the benefits under the
legislation which it administers without taking the aggravation
into account. The competent institution of the second Contracting
Party shall grant a supplement to the person concerned, the
amount of which shall be equal to the difference between the
amount of benefits due after aggravation and the amount which
would have been due prior to the aggravation under the
legislation which it administers, as if the disease in question
had occured under the legislation of that Contracting
Party.
Article 24
Medical care
1. When a person who is insured under the legislation of
a Contracting Party needs necessary medical care as a consequence
of an employment accident or occupational disease sustained in
the territory of the other Contracting Party, such care shall be
provided by the institution of that Contracting Party.
2. The cost of the necessary care provided in accordance
with paragraph 1 shall be borne by the insurance institution
providing it.
Unemployment benefits
Article 25
Taking into account periods of insurance
and periods of entitlement to benefits
1. When determining the entitlement to an unemployment
benefit, periods of employment completed in the territory of the
other Contracting Party shall, to the extent necessary, be taken
into account, provided that they are not overlapping. In that
case it is, however, presupposed that the person concerned before
submitting his claim for benefits under the legislation of that
Contracting Party has been employed in the territory of that
Contracting Party for at least 4 weeks immediately before his
employment was terminated, or that the employment was intended to
last at least 4 weeks but was terminated through no fault of the
employed person before the expiration of that period.
2. Any period of entitlement to benefits in accordance
with the legislation of a Contracting Party or paragraph 1 shall
be reduced taking into account such periods of unemployment for
which the competent institution of the other Contracting Party
has paid unemployment benefits.
Family benefits
Article 26
Payment of benefits
1. Child allowances and Latvian family state allowances
and child care allowances shall be payable according to the
legislation of the Contracting Party subject to whose legislation
the child is on the first day of the month.
2. If the benefit referred to in paragraph 1 due to the
application of this Agreement or legislation of a Contracting
Party would be payable from both Contracting Parties, it shall be
payable only under the legislation of the Contracting Party where
the child de facto resides.
3. Maternity grant and birth grant shall be payable
according to the legislation of the Contracting Party subject to
whose legislation the mother is at the child's birth, or
subject to whose legislation the adoptive parent is at the time
of the adoption.
Part IV
Miscellaneous provisions
Article 27
Administrative Arrangement and exchange
of information
The competent authorities shall:
a) agree on the procedure for the implementation of this
Agreement by means of an Administrative Arrangement;
b) exchange information concerning the measures taken for
the application of this Agreement;
c) exchange information concerning all such changes in
their respective legislation which may affect the application of
this Agreement;
d) designate liaison bodies to facilitate and accelerate
the implementation of this Agreement.
Article 28
Administrative assistance
The competent authorities and institutions of the
Contracting Parties shall assist each other in implementing this
Agreement as if they were enforcing their own legislation. This
administrative assistance shall be free of charge, unless the
competent authorities otherwise agree on reimbursement of certain
costs.
Article 29
Data protection
Any data pertaining to a private person which are in the
course of the application of this Agreement transmitted by one
Contracting Party to the other shall be confidential and may be
used exclusively for implementing this Agreement and the
legislation to which this Agreement applies.
Article 30
Medical examinations
1. Where a person who is in the territory of either
Contracting Party has claimed, or is receiving, benefit under the
legislation of the other Contracting Party and an additional
medical examination is necessary, the competent institution of
the former Contracting Party shall arrange for such examination
if the competent institution of the latter Contracting Party so
requests. The cost of the examination shall be met by the
competent institution of the latter Contracting Party.
2. An institution, appointed by the competent authority
of the Republic of Finland to undertake a medical examination at
the request of the competent authority of the Republic of Latvia,
shall be treated as a medical commission for determination of the
disablement questions under the legislation of the Republic of
Latvia.
Article 31
Exemption from taxes and
charges
1. Where the legislation of a Contracting Party provides
that any claim or document is exempt, wholly or partly, from
taxes, stamp duties, fees for court proceedings or registration
fees, as far as the application of the legislation of that
Contracting Party is concerned, the exemption shall be extended
to apply also to claims and documents which are submitted under
the legislation of the other Contracting Party or this
Agreement.
2. Documents and certificates which are presented for the
purposes of this Agreement shall be exempt from requirements for
authentication by diplomatic or consular authorities.
Article 32
Submission of claims
1. Claims, notifications and appeals submitted to the
competent institution of one Contracting Party shall be deemed to
have been submitted to the competent institution of the other
Contracting Party on the same date.
2. A claim for a benefit payable under the legislation of
one Contracting Party shall be deemed to be a claim for the
corresponding benefit payable under the legislation of the other
Contracting Party, provided that the person concerned, within 6
months from submitting an application form under the legislation
of the former Contracting Party, submits a claim for a
corresponding benefit under the legislation of the latter
Contracting Party.
3. Where, under the Finnish legislation, an additional
amount is payable because of delay in processing a claim for a
pension or other benefit, the claim shall, for the purposes of
applying the provisions of the legislation concerning such an
additional amount, be deemed to have been presented on the date
when that claim, along with all necessary enclosures, has been
received by the competent Finnish institution.
Article 33
Enforcement of decisions
1. Enforceable decisions by a tribunal of one Contracting
Party, as well as enforceable documents issued by the authority
or institution of one Contracting Party in respect of social
insurance contributions and other claims, shall be recognized and
enforced in the territory of the other Contracting
Party.
2. The recognition and enforcement may be refused only
where it would be incompatible with the legal principles of the
Contracting Party where the recognition and enforcement is
sought.
3. The enforcement procedure shall be in compliance with
the legislation of the Contracting Party where it takes place.
The decision or document shall be accompanied by a certificate
indicating its enforceability (enforcement clause).
4. Overdue insurance contributions to the institution of
the other Contracting Party shall in any enforcement procedure
and bankruptcy procedure or enforced settlement in the territory
of a Contracting Party have the same precedence as equivalent
claims in the territory of that Contracting Party.
Article 34
Claims for recovery
1. If the institution of a Contracting Party has paid a
beneficiary a sum exceeding the entitlement of that beneficiary,
the institution may within the scope and terms of the applicable
legislation request the institution of the other Contracting
Party, which pays benefits to that beneficiary, to withhold a sum
equivalent to the sum paid in excess from any benefit payable by
the latter institution to the beneficiary.
2. If the institution of a Contracting Party has made
advance payments for a period during which the beneficiary was
entitled to equivalent benefits under the legislation of the
other Contracting Party, the institution may request the
institution of that other Contracting Party to withhold a sum
equivalent to the advance payment from any benefit payable by the
latter institution to the beneficiary for the same
period.
3. If a person has received social assistance in the
territory of a Contracting Party for a period during which he was
entitled to benefits under the legislation of the other
Contracting Party, the institution which had provided the social
assistance may, if entitled to claim recovery of payments to a
beneficiary, request the institution of the other Contracting
Party to withhold a sum equivalent to the social assistance costs
from any benefit payable by the latter institution to the person
concerned.
4. The institution shall withhold any sum equivalent to a
sum paid in excess, advance payment or social assistance referred
to in the preceding paragraphs in compliance with the scope and
terms of the applicable legislation. The institution shall
transfer the sum it has withheld to the requesting institution of
the other Contracting Party.
Article 35
Languages used in the
application
1. The competent authorities, institutions and liaison
bodies of the Contracting Parties may in the application of this
Agreement use the official languages of the Contracting Parties
or the English language, as specified in the Administrative
Arrangement referred to in Article 27.
2. The claims, certificates, appeals or other documents
submitted to an authority or to an institution of a Contracting
Party with a view to application of this Agreement shall not be
rejected on the ground that they are written in an official
language of the other Contracting Party or in English.
Article 36
Currency and method of
payment
1. Payment of any benefit in accordance with this
Agreement may be made in the currency of the Contracting Party
whose competent institution makes the payment.
2. If provisions designed to restrict the exchange or
exportation of currencies are introduced by either Contracting
Party, the Governments of both Contracting Parties shall
immediately take measures necessary to insure the transfer of
sums payable under this Agreement.
3. Where a person in the territory of one Contracting
Party is receiving a benefit under the legislation of the other
Contracting Party, it shall be payable by whatever method the
competent institution of the latter Contracting Party deems
appropriate.
Article 37
Settlement of disputes
1. Any dispute arising between the Contracting Parties
regarding the interpretation or application of this Agreement
shall be settled in consultation between the competent
authorities.
2. If no agreement is reached under paragraph 1, a
Contracting Party may submit the dispute to a court of
arbitration, whose composition and procedure shall be agreed upon
by the Contracting Parties. The decisions of the court of
arbitration shall be binding and final.
Part V
Transitional and final
provisions
Article 38
Application of this Agreement to periods
of time preceding its entry into force
1. This Agreement shall not confer any right to receive a
payment of a benefit for any period before the date of entry into
force of this Agreement.
2. When determining the right to benefits under this
Agreement, any period of insurance and of entitlement to benefits
completed before the entry into force of this Agreement shall be
taken into account.
3. This Agreement may be applied even to contingencies
that occurred before the entry into force of this
Agreement.
4. Benefits granted before the entry into force of this
Agreement may upon application by the beneficiary be determined
to comply with the provisions of this Agreement. Such a
predetermination shall not result in any reduction in the amount
of a benefit.
5. If a person is entitled to a pension based on
residence under one Contracting Party's legislation for a
period prior to the entry into force of this Agreement, and for
the same period has got an entitlement based on employment under
the other Contracting Party's legislation, the pension shall
be determined exclusively under the latter Contracting
Party's legislation, as if he had been resident in its
territory.
6. Where the provisions of paragraph 1 of Article 7 are
applied to a person sent to work in the territory of a
Contracting Party prior to the entry into force of this
Agreement, the employment referred to in the said provisions
shall be considered to begin on the date of entry into force of
the Agreement, provided that the person during the employment has
been subject to all branches of social security legislation
applied by that Contracting Party.
7. If the institution of a Contracting Party has prior to
the entry into force of the Agreement taken a decision to apply
social security legislation to a person referred to in the
preceding paragraph, that person shall in accordance with the
decision continue to be subject to the legislation of the
Contracting Party without a procedure specified in the
Administrative Arrangement, provided that the decision will not
be in force more than 3 years after the entry into force of the
Agreement.
8. Paragraph 5 of Article 7 is applicable to a student
who has begun his studies in the territory of a Contracting Party
prior to the entry into force of this Agreement, provided that
the student was subject to the legislation of the other
Contracting Party immediately prior to beginning his
studies.
Article 39
Validity and denunciation of the
Agreement
1. This Agreement shall remain in force for an indefinite
period.
2. Either Contracting Party may at any time denounce this
Agreement. Such denunciation shall enter into force 6 months
after the date of its notification to the other Contracting Party
through the diplomatic channels.
3. If this Agreement is terminated, any right to benefits
acquired in accordance with this Agreement shall be
maintained.
Article 40
Entry into force
This Agreement shall enter into force on the first day of
the second month following the month in which the Contracting
Parties have notified each other through the diplomatic channels
that they have complied with all constitutional requirements for
the entry into force of this Agreement.
In witness whereof the undersigned, being duly authorized
thereto, have signed the present Agreement.
Done at Helsinki on 11 May, 1999 in duplicate in the
Latvian, Finnish and English languages, each text being equally
authentic. In case of divergence of interpretations, the English
text shall prevail.
For the Republic of Latvia For the Republic of
Finland
Administrative Arrangement for the
Implementation of the Agreement on Social Security
between the Republic of Latvia and the Republic of Finland
Pursuant to Article 27 of the Agreement on Social
Security between the Republic of Latvia and the Republic of
Finland of this date, hereinafter referred to as "the
Agreement", the competent authorities of the Contracting
Parties have agreed on the following provisions:
Part I
General provisions
Article 1
The terms used in this Administrative Arrangement shall
have the meaning given to them in the Agreement.
Article 2
1. The liaison bodies referred to in Article 27,
paragraph d) of the Agreement are:
a) for Latvia
i) the State Social Insurance Agency (Valsts sociālās
apdrošināšanas aģentūra), as regards sickness and maternity
benefits, state pensions, state social security allowances,
unemployment benefits, work injuries' and occupational
diseases' insurance, family benefits, funeral
grants,
ii) the State Compulsory Health Insurance Agency
(Valsts obligātās veselības apdrošināšanas aģentūra), as
regards reimbursement of the costs of benefits relating to
medical care.
b) for Finland
i) the Social Insurance Institution
(Kansaneläkelaitos), as regards sickness insurance, the
National Pension Scheme, rehabilitation allowance and
rehabilitation arranged by the Social Insurance Institution,
disability allowance, child care allowance, family benefits,
unemployment benefits under the Unemployment Allowances Act , as
well as reimbursement of the costs of benefits relating to
medical care,
ii) the Central Pension Security Institute
(Eläketurvakeskus), as regards the Employment Pension
Scheme and application of the provisions on applicable
legislation, including notifying of the choice according to
Article 7, paragraph 4, subparagraph b) of the Agreement,
and
iii) the Federation of Accident Insurance Institutions
(Tapaturmavakuutuslaitosten liitto), as regards the
Employment Accident and Occupational Diseases Insurance
Scheme;
The addresses and other particulars of the liaison bodies
are given in Annex 1.
2. The liaison bodies will agree upon the joint
procedures, forms, certificates and notifications necessary for
the implementation of the Agreement and this Administrative
Arrangement.
Part II
Provisions on applicable
legislation
Article 3
1. Where the legislation of a Contracting Party is
applied in accordance with Article 7, paragraph 1, and Article 8
of the Agreement, an institution of that Contracting Party will
issue a certificate stating that the employee and the family
members accompanying him referred to in Article 9, paragraphs 1
and 3, remain to be subject to that Contracting Party's
legislation. The certificate is proof that the employee and the
accompanying family members are exempt from the other Contracting
Party's legislation and insurance contributions related to
that employment.
2. The certificate referred to above in paragraph 1 will
be issued and the exception referred to in Article 8 of the
Agreement granted
a) in Latvia by the State Social Insurance Agency
(Valsts sociālās apdrošināšanas aģentūra);
b) in Finland by the Central Pension Security Institute
(Eläketurvakeskus)
3. The institution of a Contracting Party which issues
the certificate will furnish the liaison body of the other
Contracting Party with a copy of it.
Article 4
Upon request, the Contracting Parties will without delay
notify each other that a national of the other Contracting Party
or a person moving from the territory of the other Contracting
Party has been registered with the residence-based social
security schemes of that Contracting Party. In Latvia by the
State Social Insurance Agency (Valsts sociālās apdrošināšanas
aģentūra) and in Finland the notification will be made by the
Social Insurance Institution
(Kansaneläkelaitos).
PART III
Sickness and parents' benefits and
benefits relating to medical care
Article 5
1. Where the provisions of Article 11 of the Agreement
are applied, the person concerned will upon request of the
competent institution of a Contracting Party present a
certificate issued by the competent institution of the other
Contracting Party stating the periods of insurance and periods of
entitlement to benefits completed under the legislation of the
latter Contracting Party.
2. The certificate referred to in paragraph I will be
issued in and Latvia by the State Social Insurance Agency
(Valsts sociālās apdrošināšanas aģentūra) in Finland by
the Social Insurance Institution
(Kansaneläkelaitos).
3. If the person concerned fails to present the
certificate referred to in paragraph 1, the competent institution
of the Contracting Party will obtain it from the competent
institution of the other Contracting Party.
Article 6
1. In order to get access to the benefits relating to
medical care referred to in Articles 12 and 13, the person
concerned shall present a certificate issued by the competent
institution.
2. The certificate referred to in paragraph 1 will be
issued in Latvia by the State Compulsory Health Insurance Agency
(Valsts obligātās veselības apdrošināšanas aģentūra) and
in Finland by the Social Insurance Institution
(Kansaneläkelaitos).
3. The certificate will be issued for the period the
person concerned is entitled to stay in the territory of the
other Contracting Party, but however for a maximum of 3 months at
a time. This does not apply to persons referred to in Article
13.
4. If the person concerned fails to present the
certificate referred to in paragraph 1, the institution of the
place of temporary residence may, for special reasons, obtain it
from the competent institution of the other Contracting
Party.
Article 7
Prostheses, important aids and substantial benefits
relating to medical care referred to in Article 12, paragraph 2,
of the Agreement are as follows:
1. Functional or cosmetic prostheses compensating for
deficiencies in extremities, extremity orthoses, body orthoses
and corsets with additional devices and accessories,
2. individually manufactured special shoes and necessary
orthopaedic insoles,
3. chin and facial prostheses,
4. ocular prostheses,
5. dental prostheses (fixed and removable) and obturators
for use in the buccal cavity,
6. electric wheelchairs, wheelchairs, walking
aids,
7. spare parts for above-mentioned devices,
and
8. medical rehabilitation and occupational
rehabilitation
Article 8
1. The reimbursement of costs of benefits relating to
medical care referred to in Article 14 of the Agreement will be
made on the basis of the real costs incurred.
2. The competent authorities will set up a working group
to monitor medical care services and their costs, and to make a
proposal for the grounds for reimbursement, which will be
confirmed by the competent authorities for a maximum of three
years at a time.
3. Until the end of the second calendar year following
the entry into force of the Agreement, compensation is, however,
payable only for the part the amount of benefits relating to
medical care provided by one Contracting Party exceeds the
corresponding benefits provided by the other Contracting Party,
as prescribed in Annex 2, which is an integral part of this
Administrative Arrangement.
4. The competent institutions will make the reimbursement
per calendar year by the end of the following year.
Part IV
Old-age, disability and survivors'
pensions
Article 9
1. In order to get entitlement to the benefits under Part
IV of the Agreement the applicant shall submit an application
form in Latvia to the State Social Insurance Agency (Valsts
sociālās apdrošināšanas aģentūra). In Finland the
application form shall be submitted to the Social Insurance
Institution or an institution administering employment pensions
or their local representatives.
2. An application form submitted in Finland will be
without delay forwarded through the Finnish liaison body to the
Latvian liaison body, which will forward it to the competent
institution.
3. An application form submitted in Latvia will be
without delay forwarded through the Latvian liaison body to the
Finnish liaison body, which will forward it to the competent
institution.
4. Prior to forwarding an application form referred to in
the previous paragraphs, the liaison body will note thereon the
date of receipt of the application and verify all necessary
particulars of the applicant, the insured person and his
dependants. The transmission of the form so verified will exempt
the liaison body from sending attached the documents on which the
information is based.
5. Along with the application form, the liaison body of a
Contracting Party will send the liaison body of the other
Contracting Party also a liaison form.
6. The liaison bodies will communicate each other also
other information necessary for determining entitlement to
pension and, depending on the case and to the extent permitted by
their legislations, also attach medical reports.
7. The liaison bodies will notify each other of the
decisions concerning entitlement to pension.
Part V
Employment accidents and occupational
diseases
Article 10
1. When an employment accident is sustained or an
occupational disease is first diagnosed in the territory of a
Contracting Party, other than that in which the competent
institution is situated, such accident or disease will be
notified to the competent institution in conformity with the
procedure provided for by the legislation administered by the
competent institution.
2. The competent institution will be entitled to obtain
from the authorities and institutions of the other Contracting
Party any medical and documentary evidence which the institution
considers necessary for its investigation of the
claim.
Article 11
Where the institution of a Contracting Party to which an
occupational disease is notified in pursuance of Article 10 of
this Administrative Arrangement ascertains that the person
suffering from such disease has last pursued an activity likely
to cause such occupational disease in the territory of the other
Contracting Party, the institution will forward the notification
and any accompanying documents to the other Contracting
Party.
Article 12
1. Where an aggravation of an occupational disease occurs
in the territory of the Contracting Party other than that in
which the institution from which the person suffering from such
disease has received or is receiving benefits is situated, the
aggravation will be notified to the other Contracting Party in
conformity with the procedure provided for by the legislation
administered by the said institution. Such notification will be
submitted to the institution from which the person concerned has
received or is receiving benefits. .
2. The institution from which the person suffering from
an occupational disease has received or is receiving benefits
will be entitled to obtain from the authorities and institutions
of the other Contracting Party all available information on any
activity likely to cause or aggravate the occupational disease in
question pursued by the person suffering from such disease in the
territory of the other Contracting Party.
3. Where for the application of Article 23, paragraph b)
of the Agreement the institution from which the person concerned
has received or is receiving benefits in respect of an
occupational disease ascertains that it will not be bound to meet
the costs due after any aggravation of the occupational disease,
the institution will supply the competent institution of the
other Contracting Party with particulars of this decision and all
the medical and documentary evidences of the occupational disease
previously verified.
Part VI
Unemployment benefits
Article 13
1. Where the provisions of Article 25 of the Agreement
are applied, the person concerned will, upon request of the
competent institution of a Contracting Party present a
certificate issued by the competent institution of the other
Contracting Party, on which the periods of employment and periods
of entitlement to benefits completed under the legislation of the
latter Contracting Party are noted. .
2. The certificate referred to in paragraph 1 will be
issued in Latvia by the State Social Insurance Agency (Valsts
sociālās apdrošināšanas aģentūra), and in Finland by the
Social Insurance Institution (Kansaneläkelaitos) or the
competent unemployment fund.
3. If the person concerned fails to present the
certificate referred to in paragraph 1, the competent institution
of the Contracting Party will obtain it from the competent
institution of the other Contracting Party.
Part VII
Family benefits
Article 14
1. The competent institution to which the application for
a family benefit referred to in Article 26 of the Agreement has
been submitted will obtain from the competent institution of the
other Contracting Party the necessary information concerning the
applicant and his family members. .
2. If the competent institution of a Contracting Party
pays child allowance for a child resident in the territory of the
other Contracting Party, the institution of the former
Contracting Party will, prior to the first payment, notify the
competent institution of the Contracting Party in whose territory
the child is resident of the matter. The notification will be
made also when the payment referred to in Article 26 of the
Agreement ceases.
Part VIII
Miscellaneous provisions
Article 15
1. The liaison bodies of the Contracting Parties in
accordance with Article 2, paragraph 1, of this Administrative
Arrangement shall inform each other of all such circumstances
that are of significance for granting benefits.
2. What is provided in paragraph 1, covers in particular
the following circumstances, as far as they come to the knowledge
of the competent liaison body or the competent
institution:
- date of beginning the employment,
- death of the person entitled to a benefit or of a child
entitled to apply for a benefit,
- widow/er remarries,
- the person concerned moves to live in another
state,
- change of address,
- change of nationality,
- a child ceases to be in the custody of the
widow/er,
- notification of adoption of a child,
- changes in the amount of pension, for other reasons
than owing to index or comparable increases.
Article 16
The liaison bodies of the Contracting Parties may agree
upon exchange of statistics.
Article 17
1. The liaison body or the competent institution of a
Contracting Party will reimburse the amounts of the additional
medical examination referred to in Article 30, paragraph 1, of
the Agreement on the basis of a detailed invoice presented by the
other Contracting Party.
2. For the purposes of Article 30, paragraph 2, of the
Agreement, the Institution which will undertake the medical
examination is the Social Insurance Institution
(Kansaneläkelaitos) or an institution administering
employment pensions.
Article 18
The authorities and institutions of the Contracting
Parties may directly contact each other in the Latvian, Finnish
and Swedish languages. Furthermore, it is always possible to use
English.
Article 19
This Administrative Arrangement will enter into force on
the date of entry into force of the Agreement and will have the
same period of validity.
DONE at Helsinki on 11 May, 1999 in duplicate in the
Latvian, Finnish and English languages, each text being equally
authentic.
For the competent authority For the competent
authority
of the Republic of Latvia of the Republic of
Finland
Annex 1
Adresses and other Particulars of
the Liaison Bodies
IN LATVIA:
1. State Social Insurance Agency
Valsts sociālās apdrošināšanas aģentūra
Lāčplēša iela 70A, Riga LV-1011
Tel: + 371-7013632 Fax: +371-7286717
2. State Compulsory Health Insurance Agency
Valsts obligātās veselības apdrošināšanas aģentūra
47/49 Ūnijas iela, Riga LV-1039
Tel: + 371-2-279365 Fax: +371-2-569574
IN FINLAND:
1. The Social Insurance Institution
Kansaneläkelaitos
Individual
matters: |
Matters of
general character: |
P.O.Box 82 |
P.O.Box
450 |
FIN-00601
HELSINKI |
FIN-00101
HELSINKI |
FINLAND |
FINLAND |
Tel: +358-20-435
3443 |
Tel:
+358-20-434 11 |
Fax: +358-20-435
3444 |
Fax:
+358-20-434 5058 |
2. The Central Pension Security Institute
Eläketurvakeskus
FIN-00065 ELÄKETURVAKESKUS
FINLAND
Tel: +358-9-1511 Fax: +358-9-1512 616
3. Federation of Accident Insurance
Institutions
Tapaturmavakuutuslaitosten liitto
Bulevardi 28
FIN-00120 HELSINKI
FINLAND
Tel: +358-9-680 401 Fax: +358-9-680 403 89
Annex 2
The Reimbursement of Costs of
Medical Care
The reimbursement of costs of medical care referred to in
Article 8, paragraph 3, of the Administrative Arrangement will be
calculated in the year of entry into force of the Agreement and
in the subsequent two years as follows: lows:
1. In accordance with the provisions of Article 12,
paragraph 1 and 2, and Article 13, paragraphs 1 and 3, of the
Agreement the medical care services provided and the
compensations for benefits relating to medical care paid to such
persons who have certified their entitlement to benefits in the
manner referred to in Article 6 of the Administrative
Arrangement, will be scored as follows:
A. FINLAND
I. Primary medical care
Visit to a health centre 10 points
Bed-day in a health centre hospital 32 points
oints
II. Specialised medical care
Visit to an out-patient department 32 points
Bed-day 73 points
III. Highly specialised medical care
Visit to an out-patient department 35 points
Bed-day 97 points
IV. Sickness insurance compensations
The amounts designed in Finnish currency will be
converted into points using the price of point determined for the
Contracting Party for each year. year.
V. Benefits in case of emergencies
Protheses, major aid devices and other substantial
benefits related to medical care granted in case of emergency
will be considered as part of the treatment given in the care
establishment concerned.
B. LATVIA
I. Basic and primary care
Visit to out-patient institution (Center) 8
points
Bed-day in the centre's day stationary 18
points
II. Specialised or secondary care
Visit to an institution 16 points
Bed-day in hospital 32 points
III. Highly specialised or tertiary care
Visit to an out-patient institution 30 points
Bed-day in hospital 85 points
IV. Reimbursement of medicines
The Latvian lats paid for medicines will be converted
into points using the price point determined for the Contracting
Party for each year.
V. Benefits in case of emergencies
Protheses, major aid devices and other substantial
benefits related to medical care granted in case of emergency
will be considered as part of the treatment given in the health
care institution concerned.
1. No reimbursement is made if the points indicating the
amount of services provided in the territories of both
Contracting Parties are equal. If the number of points scored in
one country exceeds the number of points scored in the other
country, the excess will be reimbursed according to the value
determined for the points of the Contracting Party that has
provided more treatment. ment.
2. The value of the points of the compensation year will
be determined according to the average costs of that year, after
the patient's average own liability share (patient fee) has
been deducted from the costs:
a) in Latvia according to the average costs of a visit to
an out-patient institution (B.I.) divided by eight
b) In Finland according to the price of a visit to health
centre (A.I.) divided by ten;
The above-mentioned costs include all operating costs of
health care institutions. Investment costs are not included.
uded.
3. The numbers and values of points for the compensation
year will be determined by the end of September of the second
calendar year following the compensation year. The reimbursement
will be made by the end of that year.