Contract between the Republic of Belarus and Republic of Lithuania on social security

of February 4, 1999

The Republic of Belarus and the Republic of Lithuania which are hereinafter referred to as by the Parties

being guided by the Contract on neighborliness and cooperation between the Republic of Belarus and the Republic of Lithuania signed on February 6, 1995 in Vilnius

The agreement between the Republic of Belarus and the Republic of Lithuania on guarantees of the rights of citizens in the field of provision of pensions signed on April 14, 1994 in Vilnius

aiming to expand and deepen relations on preserving the rights of citizens in the field of social security,

agreed as follows:

PART I. GENERAL PROVISIONS

Article 1

1. For the purposes of this Agreement stated below terms mean:

1) "legislation" - the laws and other legal acts regulating the types of social security specified in Article 2;

2) "competent authorities of management":

in the Republic of Belarus - the Ministry of social protection, the Ministry of Labour and the Ministry of Health;

in the Republic of Lithuania - the Ministry of social protection and work;

3) "competent organization" - organization which by the applied legislation is authorized to provide pensions and benefits;

4) "permanent residence" - the permanent residence determined as that by the legislation of each of the Parties;

5) "person which is independently engaged in labor activity" person who individually is engaged in labor activity for the purpose of income acquisition and to which provisions of Article 2 of this Agreement extend;

6) "working (insurance) life" - the periods of payment of fees of the national social insurance, work for hire or independent labor activity determined or recognized as those by the legislation according to which they are saved up, and also any periods equated by this legislation to working (insurance) life;

7) "pensions" and "benefits" - cash pensions and benefits, including all their parts and increases, allowances and surcharges;

8) "indemnification":

in the Republic of Belarus - money payments on indemnification, caused to workers by the mutilation, occupational disease or other damage of health connected with execution of labor obligations by them;

in the Republic of Lithuania - money payments on indemnification, caused to workers owing to accident at work or occupational disease;

9) "the pensions and benefits which are not caused by payment of fees" - pensions and benefits which purpose does not depend on direct financial participation of persons or their employers (employers) who are subject to providing, on availability of years of service of independent labor activity;

10) "workers of frontier areas" - persons who work at the territory of one Party and constantly live in the territory of other Party where these persons can return every day;

11) "family allowances" - the periodic money allowances granted according to the legislation of each of the Parties to the families raising children.

2. Other terms used in this Agreement have the same significance what is attached to them in the legislation of each of the Parties.

Article 2

1. This Agreement extends to stipulated by the legislation following types of social security of each of the Parties:

1) temporary disability benefits (due to illness and to motherhood);

2) disability pensions;

3) old-age pensions (on old age);

4) long-service pensions;

5) pensions on the occasion of loss of the supporter (widow pensions and pensions to orphans);

6) indemnification;

7) unemployment benefits;

8) benefits for burial;

9) family allowances.

2. This Agreement extends also to the legislation regulations changing or replacing those types of social security which are specified in the previous Item.

Article 3

1. This Agreement regulates social security of persons who are constantly living in the territory of one of the Parties on which the legislation of one or both Parties extended or extends.

2. This Agreement does not extend to special systems of provision of pensions of the military personnel, employees of law-enforcement bodies, state securities and other persons whose provision of pensions is not caused by system of the national social insurance.

Article 4

If this Agreement does not provide other, the rights of citizens of one Party, and also members of their families irrespective of nationality in case of application of the legislation of other Party are equated to the rights of her own citizens.

Article 5

If this Agreement does not provide other, cannot be refused award of pension and benefits, and also indemnification on which person has right by the legislation of one Party (except for the pensions and benefits which are not caused by availability of working life (payment of insurance premiums), and granted pensions and allowances, and also indemnification are not subject to reduction, suspension or the termination of their payment for the reason that this person constantly lives in the territory of other Party.

PART II. THE APPLIED LEGISLATION

Article 6

The legislation only of one Party according to provisions of this part of this Agreement is applied to persons to whom this Agreement extends in the field of the national social insurance.

Article 7

1. If Article 8 of this Agreement does not provide other, on persons working on hiring, and also persons who are independently engaged in labor activity the legislation of the Party in the territory of which they perform work extends even if they constantly live or the employer (employer) for whom they work is legally registered or lives in the territory of other Party.

2. If person at the same time works on hiring or at the same time independently is engaged in labor activity in the territory of both Parties, then the legislation of that Party in the territory of which it constantly lives extends to such person.

3. If person at the same time works on hiring for the territories of one Party and independently is engaged in labor activity in the territory of other Party, then the legislation of that Party in the territory of which it works on hiring extends to such person.

Article 8

1. The legislation of the first Party extends to the persons working on hiring occupied the employer (employer) in the territory of one Party and directed by this employer (employer) to the territory of other Party for performance of works for benefit of this employer (employer) on condition that the term of work of these persons does not exceed two years.

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