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

of December 14, 1995

The government of Ukraine and the Government of the Republic of Belarus which hereinafter are referred to as further as the Contractual Parties,

proceeding from need of protection of the rights of citizens in the field of provision of pensions,

aiming to settle question of provision of pensions of citizens,

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

agreed as follows:

Section 1 General provisions

Article 1

For the purposes of this Agreement underwritten terms mean the following:

"legislation" - the laws, resolutions, provisions and other regulations in the field of provision of pensions;

"competent authorities" - for Ukraine - the Ministry of social protection of the population of Ukraine; for the Republic of Belarus - the Ministry of social protection of the Republic of Belarus;

"competent organization" - organization or body to which implementation of provision of pensions is assigned;

"working (insurance) life" - duration of labor and other activity or payment of insurance premiums which are determined or recognized as such the legislation of the Contractual Parties;

"citizens" are citizens of Ukraine and citizens of the Republic of Belarus, foreign citizens and stateless persons who constantly live in the territory of any of the Contractual Parties and to whom the legislation of these Parties in the field of provision of pensions extends;

"permanent residence" - the place of permanent residence of the citizen which is determined or recognized such legislation of the Contractual Parties.

Article 2

This Agreement regulates question of the state provision of pensions of citizens who constantly lived in the territory of one Contractual Party and moved to permanent residence on the territory of other Contractual Party, and covers following types of national pensions:

old-age pensions;

disability pensions;

long-service pensions;

pensions in case of loss of the supporter.

Article 3

Provision of pensions of the military personnel, 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

The contractual Parties provide to the citizens of other Contractual Party who are constantly living in the territory the rights, equal with the citizens, in the field of provision of pensions.

Section II Implementation of Provision of Pensions

Article 5

Provision of pensions of citizens of the Contractual Parties and members of their families is performed by the legislation of the Contractual Party in the territory of which they constantly live if this Agreement does not establish another.

Article 6

In case of purpose of pensions the working (insurance) life including that which grants the right for purpose of pensions on favorable terms and for long service, any of the Contractual Parties acquired by the legislation including before entry into force of this Agreement, and also in the territory of the USSR till January 1, 1992 is enlisted. At the same time calculation of working (insurance) life is carried out by the legislation of the Contractual Party which grants pension.

Article 7

To citizens who lived in the territory of one Contractual Party and worked after resettlement in the territory of other Contractual Party pension is calculated from earnings (profit) which they received in the territory of the Contractual Party of resettlement if they acquire minimum necessary working (insurance) life for calculation of the salary in case of award of pension according to the legislation of the Contractual Party of resettlement.

To citizens who have no minimum necessary working (insurance) life for calculation of the salary in case of award of pension the size of pension is determined from average earnings of the worker of the corresponding profession and qualification in the Contractual Party of resettlement, its similar last profession and qualification in the territory of the Contractual Party of the previous permanent residence for the period of award of pension.

Article 8

In case of resettlement of the pensioner from the territory of one Contractual Party on the territory of other Contractual Party pension payment stops (except the cases provided by part three of this Article and article 9 of this Agreement) according to the procedure, stipulated by the legislation the relevant Contractual Parties.

The competent organization of the Contractual Party of resettlement appoints to the pensioner who got permission to permanent residence, pension since month to which pension payment of the Contractual Party of preliminary permanent residence by competent organization, but no more than about month of the request for pension was carried out six months.

In case of resettlement of the pensioner which in the territory of one Contractual Party was granted pension on the bases, not stipulated by the legislation other Contractual Party pension payment is carried out by competent organization of the Contractual Party which appointed it, before emergence of pension entitlement (including pension of other type) according to the legislation of the Contractual Party of resettlement.

Article 9

Disability pensions and in case of loss of the supporter owing to labor mutilation are appointed and paid by competent organization of the Contractual Party which legislation was applied to the worker at the time of receipt of mutilation.

Disability pensions and in case of loss of the supporter owing to occupational disease are appointed and paid by competent organization of the Contractual Party which legislation was applied to the worker during implementation of labor activity which is capable to entail occupational disease irrespective of in the territory of what from the Contractual Parties this disease was revealed for the first time.

Disability pensions and in case of loss of the supporter owing to the occupational disease caused by labor activity which was performed when the legislation any from the Contractual Parties was applied to the worker are appointed and paid by competent organization of the Contractual Party in the territory of which the specified work was last time performed.

Article 10

Pension payment is performed by competent organizations at the expense of means of the Contractual Party in the territory of which the pensioner constantly lives. Mutual calculations between the Contractual Parties are not carried out.

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