12 FEVRIER 2009. - Loi portant assentiment à la Convention sur la sécurité sociale entre le Royaume de Belgique et la République de l'Inde, signée à New Delhi le 3 novembre 2006 (1) (2)
ALBERT II, Roi des Belges,
A tous, présents et à venir, Salut.
Les Chambres ont adopté et Nous sanctionnons ce qui suit :
Article 1er. La présente loi règle une matière visée à l'article 77 de la Constitution.
Art. 2. La Convention sur la sécurité sociale entre le Royaume de Belgique et la République de l'Inde, signée à New Delhi le 3 novembre 2006, sortira son plein et entier effet.
Art. 3. Les modifications aux dispositions des articles 7 à 9 de la Convention, prévues à l'article 10 de la Convention, sortiront leur plein et entier effet.
Promulguons la présente loi, ordonnons qu'elle soi revêtue du sceau de l'Etat et publiée par le Moniteur belge.
Donné à Bruxelles, le 12 février 2009.
ALBERT
Par le Roi :
Le Ministre des Affaires étrangères,
K. DE GUCHT
La Ministre des Affaires sociales,
Mme L. ONKELINX
La Ministre des Indépendants,
Mme S. LARUELLE
La Ministre des Pensions,
Mme M. ARENA
Scellé du sceau de l'Etat :
Le Ministre de la Justice,
S. DE CLERCK
_______
Notes
(1) Session 2007-2008.
Sénat.
Documents. - Projet de loi déposé le 4 août 2008, n° 4-894/1.
Session 2008-2009.
Sénat.
Rapport, n° 4-894/2.
Annales parlementaires. - Discussion et vote : séance du 6 novembre 2008.
Chambre des représentants.
Documents. - Projet transmis par le Sénat, n° 52-1570/1. - Texte adopté en séance plénière et soumis à la sanction royale, n° 52-1570/2.
Annales parlementaires. - Discussion et vote : séance du 27 novembre 2008.
(2) Conformément à son article 29, cette Convention entre en vigueur le 1er septembre 2009.
Agreement on Social Security between the Kingdom of Belgium and the Republic of India
THE KINGDOM OF BELGIUM
AND
THE REPUBLIC OF INDIA,
wishing to arrange the mutual relations between the two countries in the field of social security, decided to conclude an Agreement for this purpose and agreed as follows :
PART I. - GENERAL PROVISIONS
Article 1
Definitions
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For the implementation of this Agreement :
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The term « Belgium » means : the Kingdom of Belgium;
the term « India » means : the Republic of India.
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The term « national » means :
as regards Belgium : a person of Belgian nationality;
as regards India : a person of Indian nationality.
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The term « legislation » means : the laws specified in Article 2 or any rules, regulations, schemes, orders or notifications framed thereunder.
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The term « authority » means :
as regards Belgium : the Ministers, each to the extent that he is responsible for the implementation of the legislation specified in paragraph 1 a) of Article 2;
as regards India : the Ministers, each to the extent that he is responsible for the implementation of the legislation specified in paragraph 1 b) of Article 2.
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The term « agency » means :
as regards Belgium : the institution, the organization or the authority responsible in full or in part for the implementation of the legislation specified in paragraph 1 a) of Article 2;
as regards India : the institution, the organization or the authority responsible in full or in part for the implementation of the legislation specified in paragraph 1 b) of Article 2.
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The term « insurance period » means : any period of contributions recognized as such in the legislation under which that period was completed, as well as any period recognized as equivalent to a period of contribution under that legislation.
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The term « benefit » means : any pension or benefit in cash, including any supplements or increases applicable under the legislation specified in Article 2.
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The term « family members » means : any person defined or recognized as a family member or designated as a member of the household by the legislations of Belgium and India respectively.
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The term « residence » means : habitual residence.
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Any term not defined in paragraph 1 of this Article shall have the meaning assigned to it in the applicable legislation.
Article 2
Legislative Scope
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This Agreement shall apply :
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as regards Belgium, to the legislations concerning :
(i) old-age and survivors' pension for employed persons and self-employed persons;
(ii) the invalidity insurance for employed persons, sailors of the merchant marine and self-employed persons;
and, as regards Part II only, to the legislations concerning :
(iii) the social security for employed persons;
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as regards India, to all legislations concerning :
(i) old-age and survivors' pension for employed persons;
(ii) the Permanent Total Disability pension for employed persons;
and, as regards Part II only, to the legislations concerning :
(iii) the social security for employed persons;
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This Agreement shall also apply to all legislation which will amend or extend the legislation specified in paragraph 1 of this Article.
It shall apply to any legislation which will extend the existing schemes to new categories of beneficiaries, unless, in this respect, the Contracting State which has amended its legislation notifies within six months of the official publication of the said legislation the other Contracting State of its objections to the inclusion of such new categories of beneficiaries.
This Agreement shall not apply to legislations that establish a new social security branch, unless the competent authorities of the Contracting States agree on this application.
Article 3
Personal Scope
Unless otherwise specified, this Agreement shall apply to all persons who are or have been subject to the legislation of either of the Contracting States, and other persons who derive rights from such person.
Article 4
Equality of Treatment
Unless otherwise provided in this Agreement, the persons specified in Article 3, who ordinarily reside in the territory of a Contracting State, shall receive equal treatment with nationals of that Contracting State in the application of the legislation of that Contracting State.
Article 5
Export of Benefits
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Unless otherwise specified in this Agreement, a Contracting State shall not reduce or modify benefits acquired under its legislation solely on the ground that the beneficiary stays or resides in the territory of the other Contracting State.
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The old age and survivors' benefits due by virtue of the Belgian legislation are paid to the Indian nationals residing in the territory of a third State, under the same conditions as if they were Belgian nationals residing in the territory of such third State.
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The old-age, survivor's and disability benefits due by virtue of the Indian legislation, are paid to the Belgian nationals residing in the territory of a third State, under the same conditions as if they were Indian nationals residing in the territory of such third State.
Article 6
Reduction or Suspension Clauses
The reduction or suspension clauses provided for in the legislation of one Contracting State, in case one benefit coincides with other social security benefits or with other professional incomes, shall be applied to the beneficiaries, even if these benefits were acquired by virtue of a scheme of the other Contracting State, or if the related professional activities are exercised in the territory of the other Contracting State.
However, this provision shall not apply when benefits of the same nature coincide.
PART II. - PROVISIONS CONCERNING THE APPLICABLE LEGISLATION
Article 7
General Provisions
Subject to Articles 8 to 10, the applicable legislation is determined according to the following provisions :
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unless otherwise provided in this Agreement, a person who works as an employee in the territory of a Contracting State shall, with respect to that employment, be subject only to the legislation of that Contracting State;
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persons who are members of the travelling or flying personnel of an enterprise which, for hire or reward or on its own account, operates international transport services for passengers or goods and has its registered office in the territory of a Contracting State shall be subject to the legislation of that Contracting State;
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a person who works as an employee on board a ship that flies the flag of a Contracting State, shall be subject to the legislation of the State in which he has his residence.
Article 8
Special Provisions
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An employed person who, being in the service of an employer with an office on which he normally depends in the territory of one of the Contracting States and paying contributions under the legislation of that Contracting State, is posted by that employer in the territory of the other Contracting State to work on its account, shall remain subject to the legislation of the former Contracting State and continue to pay contributions under the legislation of this Contracting State, as if he continued to be employed in his territory on the condition that the foreseeable duration of his work does not exceed 60 months. The family members who accompany the employed person will be subject to the legislation of that former Contracting State unless they exercise professional activities.
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If the detachment referred to in paragraph 1 of this Article continues beyond 60 months, the competent authorities of the two Contracting States or the competent agencies designated by those competent authorities may agree that the employee remains subject only to the legislation of the first Contracting State.
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Paragraph 1 of this Article shall apply where a person who has been sent by his employer from the territory of one Contracting State to the territory of a third country is subsequently sent by that employer from the territory of the third country to the territory of the other Contracting State.
Article 9
Civil Servants, Members of Diplomatic Missions and Consular Posts
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Civil servants and equivalent personnel are subject to the legislation of the Contracting State whose administration employs them. These persons, as well as their family members are, for this purpose, considered to be residing in that Contracting State, even if they are in the territory of the other Contracting State.
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This Agreement shall not affect the provisions of the Vienna...
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