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The agreement between the Government of the Republic of Uzbekistan and the Government of the Republic of Moldova on guarantees of the rights of citizens in the field of provision of pensions

of March 30, 1995

The government of the Republic of Uzbekistan and the Government of the Republic of Moldova which are hereinafter referred to as with Contracting Parties

wishing to develop cooperation in the field of provision of pensions of citizens,

respecting the independent rights of each other,

being guided by interests of the citizens,

agreed as follows:

Article 1

For the purposes of this agreement:

a) the term "legislation" includes current laws, resolutions and provisions in the field of provision of pensions;

b) the term means "authorized body" for the Republic of Uzbekistan - the Ministry of Social Welfare, for the Republic of Moldova - the Ministry of Labour, Social Protection and Family;

c) the term "permanent residence" means the place of residence determined or recognized as that by the legislation of the Republic of Uzbekistan or the legislation of the Republic of Moldova;

d) the term "competent organization" means body or organization to which implementation of provision of pensions is assigned;

e) the term "citizens" in this Agreement covers the group of people, constantly living in the territory of the Republic of Uzbekistan or in the territory of the Republic of Moldova to whom the legislation of these states in the field of provision of pensions extends.

Article 2

This agreement extends to the state provision of pensions of citizens which is established by the legislation of each of the states.

Provision of pensions, under this agreement, is understood as all types of national pensions which are appointed and paid to citizens according to the legislation of the Republic of Uzbekistan or the legislation of the Republic of Moldova.

Article 3

Provision of pensions of the military personnel of armed forces, faces of the commanding and ordinary structure of law-enforcement bodies, state security and members of their families is regulated by free standing agreements.

Article 4

After entry into force of this agreement Contracting Parties provide in the territory to constantly living citizens including moved (arrived) of other Contracting Party, the right, identical on an equal basis with the citizens, in the field of provision of pensions.

Article 5

Provision of pensions of citizens of the Republic of Uzbekistan and citizens of the Republic of Moldova and members of their families is performed by the legislation of that Contracting Party in the territory of which they constantly live.

In case of resettlement of the pensioner from the territory of one Contracting Party on the territory of other Contracting Party on the permanent residence pension payment still to the residence stops according to the legislation of each of Contracting Parties.

At the new place of residence to the pensioner pension is appointed since the month following after month of the termination of payment still to the residence, but no more than in six months prior to month of registration or receipt of the residence permit.

Article 6

In case of resettlement of the citizen which in the territory of one Contracting Party was granted pension on the bases, not stipulated by the legislation other Contracting Party pension payment is made by the Contracting Party which granted pension before emergence of pension entitlement by the legislation of the state of accommodation.

Article 7

Provision of pensions of citizens of both Contracting Parties is performed by competent organizations of that Contracting Party in the territory of which they constantly live, according to the procedure, stipulated by the legislation this state.

Article 8

In case of purpose of pensions, including pensions on the preferential bases and for long service, calculation of the working (insurance) life acquired both by the legislation of the Republic of Uzbekistan, and by the legislation of the Republic of Moldova including before entry into force of this agreement, and also in the territory of the states which were part of the former USSR till January 1, 1992 is made by the legislation of the Contracting Party granting pension.

Article 9

For the citizens of one Contracting Party which moved on the territory of other Contracting Party and working after resettlement, the size of pension is estimated from earnings (income) after resettlement, on condition of observance of minimum required period of work for calculation of the salary in case of award of pension by the legislation of the state of resettlement.

For citizens of one Contracting Party who after resettlement did not work for the territory of other Contracting Party or do not confirm the minimum required length of service according to part one of this Article, the size of pension is estimated from average earnings of the worker of the corresponding profession and qualification occupied with similar activities by the time of award of pension by that state on which territory they moved.

In case of impossibility of determination of average earnings in the above-stated procedure the size of pension is estimated from the average salary which developed by the time of award of pension in the territory of that Contracting Party where the citizen moved.

Article 10

All expenses connected with provision of pensions under this agreement are born by the Contracting Party performing such providing.

Mutual calculations are not made, except as specified, provided by Articles 6 and 11.

Article 11

Disability pensions and on the occasion of loss of the supporter owing to labor mutilation are appointed and paid to that by the Contracting Party which legislation was applied to the worker at the time of receipt of mutilation.

Disability pensions and on the occasion of loss of the supporter owing to occupational disease are appointed and paid to that by the Contracting Party which legislation extended to the worker when implementing of the labor activity by it capable to cause this disease in spite of the fact that it was for the first time revealed at it in the territory of other Contracting Party.

Disability pensions and on the occasion of loss of the supporter owing to the occupational disease caused by labor activity which was carried out according to the legislation of both Contracting Parties are appointed and paid to that by the Contracting Party according to which legislation the specified labor activity was last time carried out.

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