The safeguards agreement of the rights of citizens of the State Parties of the Commonwealth of Independent States in the field of provision of pensions
of March 13, 1992
Governments of the State Parties of this agreement,
proceeding from need of protection of the rights of citizens in the field of provision of pensions,
understanding that each State Party of the Commonwealth shall bear the direct responsibility for provision of pensions of the citizens,
recognizing that the State Parties of the Commonwealth have obligations concerning disabled persons which acquired the right to provision of pensions to their territories or in the territory of other republics for the period of their entry into the USSR and exercise this right to the territories of the State Parties of the Agreement,
recognizing need of strict observance of obligations according to international agreements, prisoners of the USSR concerning provision of pensions,
AGREED AS FOLLOWS:
Provision of pensions of citizens of the State Parties of this agreement and members of their families is performed by the legislation of the state in the territory of which they live.
Provision of pensions of the military personnel of Armed Forces of the State Parties of the Commonwealth and procedure for assignment for their provision of pensions are regulated by the special agreement.
To the conclusion of the special agreement provision of pensions of the military personnel of Armed Forces of the State Parties of the Commonwealth is performed according to the legislation existing by the time of signing of this agreement by the states.
All expenses connected with implementation of provision of pensions under this agreement are born by the state providing providing. Mutual calculations are not made if other is not provided by bilateral agreements.
The State Parties of the Agreement pursue policy of harmonization of the legislation on provision of pensions.
This agreement extends to all types of provision of pensions of citizens which are established or will be established by the legislation of the State Parties of the Agreement.
1. Purpose of pensions to citizens of the State Parties of the Agreement is made at the place of residence.
2. For establishment of pension entitlement, including pensions on the preferential bases and for long service, to citizens of the State Parties of the Agreement the working life acquired in the territory of any of these states and also in the territory of the former USSR in time before entry into force of this agreement is considered.
3. Calculation of pensions is made from earnings (income) for the work periods which are set off in working life.
If in the State Parties of the Agreement the national currency is entered, the size of earnings (income) is determined proceeding from officially the established rate by the time of award of pension.
In case of resettlement of the pensioner within the State Parties of the Agreement pension payment still to the residence stops if pension of the same type is stipulated by the legislation the states at the new place of residence of the pensioner.
The size of pension is reviewed according to the legislation of the State Party of the Agreement on the new residence of the pensioner with observance of conditions, stipulated in Item 3 Articles 6 of this agreement.
The bodies performing provision of pensions in the State Parties of the Agreement cooperate with each other according to the procedure, determined by the agreement between their central bodies.
The parties authorize the competent authorities to sign the specified agreements within no more than six months from the date of the signature of this agreement.
The State Parties of the Commonwealth consider the questions which are not settled by this agreement, and also connected with its application by negotiations.
The State Parties of the Commonwealth undertake obligations to inform each other on the pension legislation existing in their states, its subsequent changes, and also to take necessary measures to establishment of the circumstances having crucial importance for determination of pension entitlement and its size.
The documents, necessary for provision of pensions, issued as appropriate in the territory of the State Parties of the Commonwealth of Independent States and the states which were part of the USSR or till December 1, 1991 are accepted in the territory of the State Parties of the Commonwealth without legalization.
This agreement becomes effective from the moment of signing.
1. Each participant of this agreement can leave it, having sent the adequate written notice to depositary. The Agreement concerning this participant is terminated after 6 months from the date of receipt of such notification by depositary.
2. The pension rights of citizens of the State Parties of the Commonwealth which arose according to provisions of this agreement do not lose the force and in case of its exit from the Agreement of the State Party in the territory of which they live.
It is made in the city of Moscow on March 13, 1992 in one authentic copy in Russian. The authentic copy is stored in Archive of the Government of the Republic of Belarus which will send to the states which signed this agreement, its verified copy.
For the Government of the Republic of Armenia
For the Government of the Republic of Belarus
For the Government of the Republic of Kazakhstan
For the Government of the Republic Kyrgyzstan
For the Government of the Republic of Moldova (with clause *)
For the Government of the Russian Federation
For the Government of the Republic of Tajikistan
For the Government of Turkmenistan
For the Government of the Republic of Uzbekistan
For the Government of Ukraine
* Clause of the Republic of Moldova:
"These questions are regulated by bilateral agreements".
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