Agreement between the Government of the Russian Federation and Government of the Republic of Lithuania on provision of pensions
of June 29, 1999
The government of the Russian Federation and the Government of the Republic of Lithuania which are hereinafter referred to as by the Parties
aiming to settle provision of pensions of persons moving on the permanent residence from the territory of the state of one Party on the territory of the state of other Party
agreed as follows:
For the purposes of this agreement the following concepts mean:
1) "legislation" - the laws, provisions and other regulatory legal acts in the field of provision of pensions;
2) "permanent residence" - the place of the permanent or preferential residence determined or recognized as that by the legislation of the states of the Parties;
3) "the central competent authorities":
in the Russian Federation - the Ministry of Labour and social development of the Russian Federation;
in the Republic of Lithuania - the Ministry of social protection and work of the Republic of Lithuania;
4) "competent organizations (bodies)" - organizations (bodies) to which implementation of provision of pensions is assigned;
5) "the basis for purpose of pensions" - the states of the relevant Party of condition necessary for acquisition of right to provision of pensions established by the legislation;
6) "insurance (labor) years of service" - duration of labor and other activity taking into account which provision of pensions according to the legislation of the state of each of the Parties is performed and during which implementation insurance premiums for provision of pensions, and also any other periods equated according to the legislation of the states of the Parties to insurance (labor) years of service are paid.
All other concepts used in this agreement have significance which are attached to them by the legislation of the State of the relevant Party.
This agreement regulates provision of pensions of the persons who are constantly living in the territory of the state of one Party and moving on the permanent residence on the territory of the state of other Party.
This agreement extends to all types of provision of pensions which are established or will be established by the legislation of the state of each of the Parties, except for provision of pensions of the military personnel, the private and the commanding structure of law-enforcement bodies and members of their families.
Provision of pensions of persons specified in Article 2 of this agreement is performed by competent organizations (bodies) according to the legislation and at the expense of means of the state of the Party in the territory of which they constantly live (except as specified, provided by part three of Article 7 of this agreement).
Mutual calculations are not made.
In case of purpose of pensions according to this agreement the insurance (labor) years of service considered in case of purpose of pensions according to the legislation of the state of each of the Parties including before entry into force of this agreement are taken into account.
If the legislation of the state of one Party provides purpose of pensions on favorable terms or for long service, then in case of purpose of the specified pensions the insurance (labor) years of service acquired by the legislation of the state of other Party as a result of implementation of the related activity in the territory of this state are considered.
In case of purpose of pensions according to this agreement their size is estimated according to the procedure, established by the legislation of the relevant state.
To persons who moved on the territory of the state of one of the Parties and after that were not subject to the national social pension insurance (did not work), the size of pension is estimated from the average monthly income (average monthly earnings) which developed by the time of award of pension in the territory of the state of this other Party subject to insurance.
In case of resettlement of the pensioner from the territory of the state of one Party on the permanent residence on the territory of the state of other Party pension payment stops still to the residence from the first following after month in which resettlement took place.
The competent organization (body) of the Party on which territory of the state the pensioner moved pays to the pensioner after its resettlement pension according to the legislation of the state of this Party from the date of the pension payment termination still to the residence and incurs expenses on its payment.
To persons who in the territory of the state of one Party were granted pension on the bases, not stipulated by the legislation the states of other Party pension payment is made by the Party which granted pension before emergence of the right to provision of pensions according to the legislation of the state of this other Party.
The procedure for transfer of pensions in the case provided by part three of Article 7 of this agreement is determined by the agreement between competent organizations (bodies) of the Parties financing pension payment.
Provision of pensions of persons who are constantly living in the territory of the Republic of Lithuania from among soldiers, the sailors, corporals, sergeants, foremen of conscription service who became disabled people during passing of military service in Armed Forces of the former USSR, the civilians who became disabled people during participation in training, special or testing sessions, or in works on accident elimination and natural disasters at the call of military commissariats of the former USSR and also provision of pensions of members of their families in connection with loss of the supporter is regulated by the free standing agreement.
The central competent authorities of the Parties will give each other legal assistance concerning provision of pensions, to provide necessary information on the current legislation and its changes, and also to promote establishment of the circumstances having crucial importance for purpose of pensions to the categories of persons specified in this agreement.
The documents, necessary for provision of pensions, issued in the territory of the state of one Party will be valid for the territories of the state of other Party without legalization.
The questions connected using this agreement are solved the central competent authorities of the Parties, including by negotiations and consultations.
Questions which cannot be solved according to part one of this Article are permitted through diplomatic channels.
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