BWBV0003473
Geldig vanaf 09-05-1977
Artikel 8
Europees Verdrag inzake sociale zekerheid
1. Unless otherwise specified in this Convention, persons who are resident in the territory of a Contracting Party and to whom the Convention is applicable shall have the same rights and obligations under the legislation of every Contracting Party as the nationals of such Party.
2. However, entitlement to non-contributory benefits, the amount of which does not depend on the length of the periods of residence completed, may be made conditional on the beneficiary having resided in the territory of the Contracting Party concerned or, in the case of survivors’ benefits, on the deceased having resided there for a period which may not be set:
(a) at more than six months immediately preceding the lodging of the claim, for maternity benefits and unemployment benefits;
(b) at more than five consecutive years immediately preceding the lodging of the claim, for invalidity benefits, or immediately preceding death, for survivors’ benefits;
(c) at more than ten years between the age of sixteen and the pensionable age, of which it may be required that five years shall immediately precede the lodging of the claim, for old-age benefits.
3. If a person does not fulfil the conditions laid down in sub-paragraph (b) or sub-paragraph (c) of the preceding paragraph, but has been subject - or, in the case of survivors’ benefits, if the deceased has been subject - to the legislation of the Contracting Party concerned for at least one year, that person or the survivors of the deceased shall nevertheless, without prejudice to the provisions of Article 27, be entitled to benefits calculated on the basis of the full benefit and up to an amount not exceeding it:
(a) in the case of invalidity or death benefits, in proportion to the ratio of the number of years of residence completed by the person concerned or the deceased under the said legislation between the date on which he reached the age of sixteen and the date of his incapacity for work followed by invalidity or death, to two-thirds of the number of years separating those two dates, disregarding any years subsequent to pensionable age;
(b) in the case of old-age pension, in proportion to the ratio of the number of years of residence completed by the person concerned under the said legislation between the date on which he reached the age of sixteen and the pensionable age, to thirty years.
4. Annex IV specifies, for each Contracting Party concerned, the benefits provided under its legislation to which the provisions of paragraph 2 or paragraph 3 of this Article are applicable.
5. Each Contracting Party concerned shall give notice, in accordance with the provisions of Article 81, paragraph 1, of any amendment to be made to Annex IV. If such an amendment results from the adoption of new legislation, such notice shall be given within three months from the date of publication of that legislation or, in the case of legislation published before the date of ratification of this Convention, on the date of ratification.
6. The provisions of paragraph 1 of this Article shall not affect the legislation of any Contracting Party in so far as it concerns participation in social security administration or membership of social security tribunals.
7. Special measures may be adopted concerning the participation in voluntary insurance or optional continued insurance of persons not resident in the territory of the Contracting Party concerned, or the entitlement to benefits under the transitional arrangements specified in Annex VII.
2. However, entitlement to non-contributory benefits, the amount of which does not depend on the length of the periods of residence completed, may be made conditional on the beneficiary having resided in the territory of the Contracting Party concerned or, in the case of survivors’ benefits, on the deceased having resided there for a period which may not be set:
(a) at more than six months immediately preceding the lodging of the claim, for maternity benefits and unemployment benefits;
(b) at more than five consecutive years immediately preceding the lodging of the claim, for invalidity benefits, or immediately preceding death, for survivors’ benefits;
(c) at more than ten years between the age of sixteen and the pensionable age, of which it may be required that five years shall immediately precede the lodging of the claim, for old-age benefits.
3. If a person does not fulfil the conditions laid down in sub-paragraph (b) or sub-paragraph (c) of the preceding paragraph, but has been subject - or, in the case of survivors’ benefits, if the deceased has been subject - to the legislation of the Contracting Party concerned for at least one year, that person or the survivors of the deceased shall nevertheless, without prejudice to the provisions of Article 27, be entitled to benefits calculated on the basis of the full benefit and up to an amount not exceeding it:
(a) in the case of invalidity or death benefits, in proportion to the ratio of the number of years of residence completed by the person concerned or the deceased under the said legislation between the date on which he reached the age of sixteen and the date of his incapacity for work followed by invalidity or death, to two-thirds of the number of years separating those two dates, disregarding any years subsequent to pensionable age;
(b) in the case of old-age pension, in proportion to the ratio of the number of years of residence completed by the person concerned under the said legislation between the date on which he reached the age of sixteen and the pensionable age, to thirty years.
4. Annex IV specifies, for each Contracting Party concerned, the benefits provided under its legislation to which the provisions of paragraph 2 or paragraph 3 of this Article are applicable.
5. Each Contracting Party concerned shall give notice, in accordance with the provisions of Article 81, paragraph 1, of any amendment to be made to Annex IV. If such an amendment results from the adoption of new legislation, such notice shall be given within three months from the date of publication of that legislation or, in the case of legislation published before the date of ratification of this Convention, on the date of ratification.
6. The provisions of paragraph 1 of this Article shall not affect the legislation of any Contracting Party in so far as it concerns participation in social security administration or membership of social security tribunals.
7. Special measures may be adopted concerning the participation in voluntary insurance or optional continued insurance of persons not resident in the territory of the Contracting Party concerned, or the entitlement to benefits under the transitional arrangements specified in Annex VII.
- Citeren als
- Art. 8
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0003473
- Officiële bron
- wetten.overheid.nl