51. člen BNLSV

Pogodbenici se medsebojno pisno uradno obvestita, da so izpolnjeni notranjepravni pogoji, potrebni za začetek veljavnosti te konvencije. Konvencija začne veljati prvi dan tretjega meseca od datuma zadnjega uradnega obvestila, pri čemer se razume, da 3. in 5. člen začneta veljati s povratnim učinkom do 1. januarja 2000. V POTRDITEV TEGA sta podpisana, ki sta ju njuni vladi za to pravilno pooblastili, podpisala to konvencijo. SESTAVLJENO v dveh izvirnikih v Ljubljani dne 22. marca 2000 v angleškem jeziku. Za Republiko Slovenijo Nataša Belopavlovič l. r. Za Kraljevino Nizozemsko Roland Gerritse l. r. Ob podpisu Konvencije med Republiko Slovenijo in Kraljevino Nizozemsko o socialni varnosti sta se podpisana pooblaščenca sporazumela, kot sledi: 1. Glede upravičenosti do storitev po nizozemski zakonodaji se prvo poglavje tretjega dela konvencije uporablja le za osebe, ki so zavarovane po določbah Zakona o zdravstvenem zavarovanju (Ziekenfondswet). 2. Za namen 19. člena te konvencije se štejejo za pokojnine, ki se plačajo po nizozemski zakonodaji, naslednje: – pokojnine na podlagi zakona z dne 6. januarja 1966, ki uvaja nov pokojninski sistem za javne uslužbence in njihove preživele družinske člane (Algemene burgerlijke pensioenwet); – pokojnine na podlagi zakona z dne 6. oktobra 1966, ki uvaja nov pokojninski sistem za vojake in njihove preživele družinske člane (Algemene militaire pensioenwet); – pokojnine na podlagi zakona z dne 15. februarja 1967, ki uvaja nov pokojninski sistem za uslužbence Nizozemskih železnic in njihove preživele družinske člane (Spoorwegpensioenwet); – pokojnine na podlagi Uredbe o pogojih zaposlovanja na Nizozemskih železnicah (R.D.V. 1964 N.S.); – starostna pokojnina za osebe, mlajše od 65 let, v skladu s pokojninskim sistemom, katerega namen je zagotavljati starostno pokojnino zaposlenim osebam in osebam, ki so bile prej zaposlene in – dajatev za primer predčasne upokojitve pri opravljanju poklicnih dejavnosti po sistemu, ki ga je določila vlada, ali po predpisu, določeni v skladu s kolektivno delavsko pogodbo o predčasni upokojitvi, ali po predpisu, ki jo določi Ziekenfondsraad. 3. Družinski člani iz drugega odstavka 15. člena ali oseba ali družinski člani iz 16. člena ali upokojenec in njegovi družinski člani iz drugega in tretjega odstavka 19. člena konvencije, ki imajo stalno prebivališče na Nizozemskem in so upravičeni do storitev na stroške Republike Slovenije, niso zavarovani po Zakonu o izrednih zdravstvenih stroških (AWBZ). V potrditev tega sta podpisana, ki sta ju njuni vladi za to pravilno pooblastili, podpisala Zaključni protokol. Sestavljeno v dveh izvirnikih v Ljubljani dne 22. marca 2000 v angleškem jeziku. Za Republiko Slovenijo Nataša Belopavlovič l. r. Za Kraljevino Nizozemsko Roland Gerritse l. r. Pursuant to Article 36 of the Convention between the Republic of Slovenia and the Kingdom of the Netherlands on social security, signed at Ljubljana on the 22 day of March 2000, the competent authorities of the Contracting Parties namely: – for the Netherlands, the Minister for Social Affairs and Employment and the Minister for Health, Welfare and Sport; – for Slovenia, the Minister of Labour, Family and Social Affairs and the Minister of Health; have agreed on the following provisions for the application of the Convention: For the purpose of the present Arrangement: a) the term “Convention” means the Convention between the Kingdom of the Netherlands and the Republic of Slovenia on social security; b) the terms defined in Article 1 of the Convention have the meaning given to them in that Article. 1. The liaison bodies in accordance with Article 36 of the Convention are: A. In the Netherlands a) for the benefits in kind in case of sickness and maternity, the Sickness Funds Council (Ziekenfondsraad), Amstelveen; b) for old-age and survivors pensions and for family allowances: the Social Insurance Bank (Sociale Verzekeringsbank), Amstelveen; c) for the administration regarding posted workers under Article 9 and 13 of the Convention: the Social Insurance Bank (Sociale Verzekeringsbank), Amstelveen; d) in all other cases: the National Institute for Social Insurances (het Landelijk Instituut Sociale Verzekeringen, Lisv), c/o GAK Nederland bv, Amsterdam. B. In Slovenia a) for the benefits in kind and benefits in cash in case of sickness: Health Insurance Institute of Slovenia, (Zavod za zdravstveno zavarovanje Slovenije), Ljubljana; b) for the benefits in cash in the field of pension and invalidity insurance: Institute for Pension and Disability Insurance of Slovenia (Zavod za pokojninsko in invalidsko zavarovanje Slovenije), Ljubljana; c) for children allowances and benefits in cash in case of maternity: the Ministry of Labour, Family and Social Affairs (Ministrstvo za delo, družino in socialne zadeve), Ljubljana; d) for unemployment benefit; Employment Service of Slovenia (Republiški zavod za zaposlovanje), Ljubljana; e) for the administration regarding posted workers under Article 9 and 13 of the Convention: Health Insurance Institute of Slovenia (Zavod za zdravstveno zavarovanje Slovenije), Ljubljana. 2. The duties of the liaison bodies are stated in this Arrangement. For the application of the Convention, the liaison bodies may communicate directly with each other as well as with the persons concerned or their representatives. They shall assist each other in the application of the Convention. 3. The duties of the social insurance institutions subordinate to the liaison bodies are stated in this Arrangement. The liaison bodies may delegate other tasks to such subordinate institutions and shall, in case, notify each other thereof. For the purpose of Article 8, paragraphs 2 and 4, of the Convention a person who normally pursues his activity in the territory of both Contracting Parties shall, if he resides in the Netherlands, notify this situation to the institution designated in Article 2, paragraph 1, under A, c) and if he resides in Slovenia, to the institution designated in Article 2, paragraph 1, under B,c). 1. In cases referred to in Articles 9, 10 and 13 of the Convention, the institution of the Contracting Party whose legislation applies, mentioned in paragraphs 2 and 3 of this Article, will at the request of the employer or the employed person issue a certificate of fixed duration certifying that the employed person continues to be subject to that legislation. In the certificate are also mentioned the family members who accompany the employed person. The certificate shall be given in an agreed form. 2. Where the legislation of Slovenia applies, the certificate mentioned in paragraph 1 of this Article will be issued by the Health Insurance Institute of Slovenia (Zavod za zdravstveno zavarovanje Slovenije), Ljubljana and sent to the Social Insurance Bank, Amstelveen. 3. Where the legislation of the Netherlands applies, the certificate mentioned in paragraph 1 of this Article will be issued by the Social Insurance Bank, Amstelveen and sent to the Health Insurance Institute of Slovenia (Zavod za zdravstveno zavarovanje Slovenije), Ljubljana. For the application of this chapter: – the term ”institution of the place of temporary stay” means: in the Netherlands, the ANOZ Zorgverzekeringen, Utrecht; in Slovenia, Health Insurance Institute of Slovenia – branch office – the term ”institution of the place of residence” means: in the Netherlands, a sickness fund at the place of residence, as chosen by the person concerned; in Slovenia by the Health Insurance Institute of Slovenia – branch office. – the term “competent institution” means: in the Netherlands: a) for benefits in kind: the sickness fund (ziekenfonds) to which the person concerned is affiliated at the time of the application for benefits; b) for benefits in cash: the National Institute for Social Insurances (Landelijk Instituut Sociale Verzekeringen) , c/o the implementation institution (uitvoeringsinstelling) to which the insured person’s employer is affiliated; in Slovenia: a) for benefits in kind: Health Insurance Institute of Slovenia, Ljubljana; b) for benefits in cash: – in case of sickness: Health Insurance Institute of Slovenia, Ljubljana, – in case of maternity: Ministry of Labour, Family and Social Affairs, Ljubljana. 1. For the application of Article 14 of the Convention by the competent institution of one of the Contracting Parties, a person shall submit to this institution a certificate showing the periods of insurance completed under the legislation of the other Contracting Party and he shall supply any additional information required under the legislation of that institution. 2. At the request of the person concerned, this certificate shall be issued: – in the Netherlands, by the National Institute for Social Insurances (Landelijk Instituut Sociale Verzekeringen), c/o the implementation institution (uitvoeringsinstelling) to which the insured person’s last employer was affiliated. However, if the person concerned has only been insured for benefits in kind, the certificate shall be issued by the sickness fund to which that person has lastly been affiliated; – in Slovenia, Health Insurance Institute of Slovenia – branch office to which the person was last affiliated. 3. If the person concerned is not able to submit the required certificate, the institution referred to in paragraph 1 of this Article shall obtain it from the insurance institution mentioned in paragraph 2 of this Article. 1. In order to receive benefits in kind under Article 15 of the Convention, the person concerned must register himself and the members of his family with the institution of his place of residence by submitting a certificate testifying that he and the members of his family are entitled to the said benefits. This certificate shall be issued by the competent institution on the basis of information supplied, where appropriate, by the employer. If the person concerned or the members of his family fail to submit such a certificate, the institution of the place of residence shall itself apply for it to the competent institution. 2. The certificate referred to in the preceding paragraph shall be valid until such date as the institution of the place of residence receives notice of its cancellation. 3. The institution of the place of residence shall advise the competent institution of any registration made in accordance with the provisions of paragraph 1 of this Article. 4. For any claim for benefits in kind the claimant shall submit the supporting documents normally required for the provision of benefits in kind under the legislation of the Contracting Party in whose territory he resides. 5. The person concerned or the members of his family shall advise the institution of the place of residence of any change in their circumstances which might affect their entitlement to benefits in kind and, in particular, of any cessation or any change of employment or occupational activity on the part of the person concerned or any change of the latter’s residence or of temporary stay, or in that of a member of his family. The competent institution shall likewise inform the institution of the place of residence of the person concerned, of the termination of his affiliation or of his entitlement to benefits. The institution of the place of residence may at any time request the competent institution to supply any information relating to the said person’s affiliation or entitlement to benefits. 6. The institution of the place of residence shall lend its good offices to the competent institution in order to take action against a person who has received benefits which were not due to him. 1. For the application of Article 17 of the Convention in case of temporary stay of the member of the family referred to in Article 15, paragraph 2, of the Convention in the territory of the competent State, the Articles 9 and 10 shall be applicable by analogy. In that case the institution of the place of residence shall be considered to be the competent institution. 2. For the application of Article 17 of the Convention, the competent institution may request, if necessary, the institution of the place of the last residence to supply it with information relating to the provision of benefits received immediately before the temporary stay in or the transfer of residence to the competent State. 1. In order to receive benefits in kind in case of a temporary stay in the territory of a Contracting Party other than the competent State, the person referred to in Article 18, paragraph 1, of the Convention shall submit to the institution of the place of temporary stay a certificate, issued by the competent institution, if possible, before he leaves the competent State, stating that he is entitled to such benefits. This certificate shall indicate in particular the period during which benefits in kind may be provided. If the person concerned does not submit such a certificate, the institution of the place of temporary stay shall apply for it to the competent institution. 2. The provisions of the preceding paragraph shall be applicable by analogy to the members of the family of the person concerned. 3. The provisions of paragraph 1 of this Article shall also be applicable to persons referred to in Article 16 of the Convention. 1. In the event of hospitalisation in the situations referred to in the Articles 16, 17 and 18, paragraphs 1 and 6, of the Convention, the institution of the place of residence or of temporary stay shall, within three days of becoming aware of the fact, notify the competent institution of the date of entry into hospital and the probable duration of hospitalisation; at the date of discharge from the hospital the institution of the place of residence or of temporary stay shall notify, within the same period, the competent institution of the date of discharge. 2. In order to receive the authorization to which the provision of benefits referred to in Article 18, paragraph 4, of the Convention, is subject, the institution of the place of residence or of temporary stay shall request the competent institution for it. The latter institution shall have fifteen days from the day on which such a request is received to raise any objection and to state the reasons on which such objection is based. If, at the end of that period, no such objection has been raised, the institution of the place of residence or of temporary stay shall grant the benefits in kind. 3. Where the benefits referred to in Article 18, paragraph 4, of the Convention, have to be granted, in a case of absolute urgency, without the authorization of the competent institution, the institution of the place of residence or of temporary stay shall immediately inform the competent institution thereof. 4. The cases of absolute urgency referred to in Article 18, paragraph 4, of the Convention, are those where the provision of the benefit cannot be delayed without seriously endangering the life or health of the person concerned. In the case in which a prosthesis or an appliance is broken or damaged, it shall be sufficient in order to establish absolute urgency, to demonstrate the necessity of the reparation or the renewal of the requisite concerned. 5. The competent liaison bodies shall draw up the list of benefits to which the provisions of Article 18, paragraph 4, of the Convention, will apply. 1. In order to retain the service of benefits in kind in the State of his new residence, the person referred to in Article 18, paragraph 2, of the Convention shall submit to the institution of his new place of residence a certificate by which the competent institution authorizes him to continue receiving benefits after the transfer of his residence. The latter institution shall indicate, where appropriate, in that certificate the maximum period during which the benefits in kind may be provided according to the legislation which it applies. The competent institution can, after the transfer of residence of the person concerned and at his request or at the request of the institution of the new place of residence, deliver the certificate where, for stated reasons, it could not have been drawn up beforehand. 2. With regard to the provision of benefits in kind by the institution of the new place of residence, the provisions of Article 10 are applicable by analogy. 1. In order to receive benefits in kind in the territory of the Contracting Party in which he resides, the pensioner and the members of his family referred to in Article 19, paragraph 2, of the Convention, shall register with the institution of the place of residence, submitting the following documents: a) a certificate testifying that he is entitled to benefits in kind for himself and for the members of this family. That certificate is delivered by the competent institution who will send the double of the certificate to the liaison body of the other Party. If the pensioner does not submit the certificate, the institution of the place of residence shall apply for it to the competent institution. The certificate will be valid as long as the liaison body of the other Party has not been notified of its cancellation by the institution which has delivered the certificate; b) the supporting documents normally required for the provision of benefits in kind by the legislation of the State of residence. 2. The institution of the place of residence shall notify the competent institution of any registration made in accordance with the preceding paragraph. 3. The provision of benefits in kind is subject to the validity of the certificate referred to in paragraph 1, a) of this Article. 4. The pensioner shall inform the institution of the place of residence of any change in his circumstances which might alter his entitlement to benefits in kind, in particular any suspension or withdrawal of the pension and of any transfer of his residence or that of the members of his family. 5. The institution of the place of residence shall inform, as soon as it becomes aware of it, the competent institution of any alteration susceptible to extend the right to benefits in kind of the pensioner or the members of his family. 6. The institution of the place of residence shall lend its good offices to the competent institution in order to take action against a person who has received benefits which were not due to him. The provisions of Article 12 shall be applicable by analogy to the members of the family referred to in Article 19, paragraph 3, of the Convention. In that case, the certificate testifying that the members of the family are entitled to benefits shall be delivered by the competent institution, or, where appropriate, by the institution of the place of residence of the pensioner. With regard to the provision of benefits in kind to pensioners and the members of their family, during a temporary stay referred to in Article 19, paragraph 5, of the Convention, the provisions of the Articles 9 and 10 shall be applicable by analogy. In that case the institution of the place of residence shall be considered to be the competent institution. 1. If the formalities referred to in Article 9 could not have been completed during the temporary stay, the expenses of benefits in kind shall, at the request of the person concerned, be refunded by the competent institution, or where appropriate, by the institution of the place of residence, in accordance with the refund rates administered by the institution of the place of temporary stay. 2. The institution of the place of temporary stay shall, at the request of the competent institution, or, where appropriate, at the request of the institution of the place of residence, supply it with the necessary information about such rates. 1. a) In order to receive benefits under the Netherlands’ legislation an insured person who is present in the territory of Slovenia shall submit his claim to the Health Insurance Institute of Slovenia, Ljubljana. b) In order to receive benefits under the Slovenian legislation an insured person who is present in the territory of the Netherlands shall submit his claim to the “Landelijk Instituut Sociale Verzekeringen”, c/o GAK Nederland bv, Amsterdam. 2. The claim submitted to the institution mentioned in paragraph 1 of this Article must be accompanied by a certificate of incapacity for work issued by the doctor providing treatment. This certificate shall indicate the initial date of the incapacity for work, diagnosis and the probable duration of the incapacity for work. 3. a) The institution mentioned in paragraph 1a) of this Article which has received the claim shall as soon as possible notify the competent institution or if this institution is not known, the “Landelijk Instituut Sociale Verzekeringen”, c/o GAK Nederland bv, Amsterdam, of the submitting of the claim for benefits, stating the date on which the claim has been submitted as well as the name and the address of the employer, if any, and send the certificate of incapacity for work which was annexed to the claim to the competent institution or if this institution is not known, the “Landelijk Instituut Sociale Verzekeringen”, c/o GAK Nederland bv, Amsterdam. b) The institution mentioned in paragraph 1b) of this Article which has received the claim shall as soon as possible notify the Health Insurance Institute of Slovenia, Ljubljana, of the submitting of the claim for benefits, stating the date on which the claim has been submitted as well as the name and the address of the employer, if any, and send the certificate of incapacity for work which was annexed to the claim to the Health Insurance Institute of Slovenia, Ljubljana. 4. At the request of the competent institution the institution mentioned in paragraph 1 of this Article shall carry out any necessary administrative checks or medical examinations. However, the competent insurance institution maintains the right to have the person concerned examined by a doctor in the competent State. 5. The competent institution shall pay the benefits directly to the beneficiary by the appropriate method. 1. The actual amount of the costs of benefits in kind provided under the Articles 15, 16, 17 (in case of temporary stay), 18, paragraphs 1, 2, and 6, and Article 19, paragraph 5, of the Convention, shall be refunded by the competent institutions, or, where appropriate, by the institutions of the place of residence, to the institutions which have provided the said benefits as shown in the accounts of these institutions. 2. For the purposes of the refund, rates higher than those applicable to the benefits in kind provided to persons who are subject to the legislation administered by the institutions which provided the benefits referred to in the preceding paragraph, may not be taken into account. 1. The amount of benefits in kind provided under Article 15, paragraph 2, of the Convention, to members of the family who are not residing in the territory of the same Contracting Party as the person from who they derive their entitlement, as well as the amount of benefits in kind provided under Article 19, paragraph 3, of the Convention shall be evaluated on the basis of a lump-sum in respect of each calendar year. 2. The lump-sum payment due by the Netherlands institutions shall be determined by multiplying the average annual costs per member of the family in Slovenia by the average of the annual number of members of the family to be taken into account. The average annual costs per member of the family in Slovenia shall be equal to the average annual expenditure on all the benefits in kind provided by the institutions in Slovenia to all active insured persons and their family members subject to the Slovenian legislation. 3. The lump-sum payment due by the Slovenian institutions shall be determined by multiplying the average annual costs per member of the family in the Netherlands by the average annual number of members of the family to be taken into account. The average annual costs per member of the family shall be equal to the average of the annual expenditure on all the benefits in kind provided by the institutions in the Netherlands to all insured persons younger than 65 years of age subject to the Netherlands legislation. 1. The expenditure on the benefits in kind provided under Article 19, paragraph 2, of the Convention, shall be evaluated on the basis of a lump-sum in respect of each calendar year. 2. The lump-sum payment shall be determined by multiplying the average annual costs per pensioner and per member of the family by the average annual number of pensioners and the members of the family to be taken into account. 3. The average costs per pensioner and per member of the family of the pensioner for Slovenia shall be equal to the average per pensioner and per member of his family of the expenditure on all the benefits in kind provided by the Slovenian institutions to all pensioners and their family members subject to the Slovenian legislation. 4. The average costs per pensioner and per member of the family shall be equal, for the Netherlands, to the average per pensioner and per member of the family of the expenditure on all the benefits in kind provided by the Netherlands institutions to all pensioners and their family members subject to the Netherlands legislation. 5. For the application of the paragraphs 1, 2 and 4 of this Article, different calculations according to the group of age the pensioners belong to may be passed on. The liaison bodies may agree, with the consent of the competent authorities, upon other methods of reimbursement of all the benefits in kind or part of them than the methods provided for in Articles 17, 18 and 19. 1. The refunds referred to in Article 21 of the Convention, shall be paid through the liaison bodies. 2. The liaison bodies may agree on raising the amounts referred to in the Articles 18 and 19, by a percentage for administration costs. 3. For the application of the provisions of Articles 18 and 19, the liaison bodies may agree upon the payment of advances. For the application of this chapter the term “competent institution” means in the Netherlands: a) as regards invalidity benefits: “the “Landelijk Instituut Sociale Verzekeringen”, c/o the implementation institution” to which the insured person’s employer is affiliated; b) as regards old-age and survivors’ pensions: the Social Insurance Bank (Sociale Verzekeringsbank), Amstelveen. in Slovenia: for invalidity old-age and survivors pensions: Institute for Pension and Disability Insurance of Slovenia (Zavod za pokojninsko in invalidsko zavarovanje Slovenije), Ljubljana. 1. The competent institutions shall inform each other immediately of any application for a pension to which Part III, Chapter 2, and Article 42 of the Convention are applicable. This information shall be supplied on a special form which also contains all information necessary for the investigation of the claim by the competent institution of the other Contracting Party. This form shall take the place of supporting documents. 2. The competent institutions shall furthermore inform each other of circumstances which are of importance when deciding on a pension, and circumstances which are of influence to the continuation of the right to the pension or benefits, enclosing relevant medical documents. 3. The competent institutions shall decide upon the application and notify the applicant and the institution of the other Contracting Party of the decision. In order to determine the entitlement to or the calculation of a pension under Part III, chapter 2 of the Convention, the competent institution of one Contracting Party will at the request of the competent institution of the other Contracting Party certify the periods of insurance completed under its legislation and will provide such other information as may be required. 1. If the beneficiary of an invalidity or survivors’ pension under the legislation of one of the Contracting Parties is resident or stays temporarily in the territory of the other Contracting Party, the competent insurance institution of the Contracting Party which pays the pension may require the beneficiary to undergo medical examinations in order to determine or monitor this medical condition. 2. Request for medical examination shall be presented to the competent insurance institution of the other Contracting Party which will notify the competent insurance institution of the former Contracting Party of the result of the examinations as quickly as possible. However, the competent insurance institution maintains the right to have the person concerned examined by a doctor in the competent state. Except where Article 44 of the Convention is applied, pensions shall be paid out directly to the beneficiaries. Where a person, in the application of Part III, Chapters 3 and 4, of the Convention, applies for cash benefits in the territory of a Contracting Party, information shall be obtained from the institution of the other Contracting Party, through the liaison body of that Contracting Party. 1. Models of certificates and other documents for the application of this Arrangement shall be drawn up by the liaison bodies. 2. Provided they are authorised to do so by the competent authorities, the liaison bodies may take additional measures of an administrative nature for the application of this Arrangement. 3. The liaison bodies shall, where necessary, assist each other in translating applications and other documents, written in their respective official languages, into English. For the purpose of client service the liaison body of one Contracting Party is allowed to contact beneficiaries residing in the territory of the other State directly. The costs entailed in medical examinations necessary for the award or review of benefits shall not be refunded by the institutions, unless these examinations are carried out solely at the request of the competent institution. This Arrangement shall enter into force together with the Convention and may be denounced in accordance with the same rules as apply to the Convention. DONE in two original copies at Ljubljana on this 22 day of March 2000, in the English language. For the Slovenian competent authorities Nataša Belopavlovič, (s) For the Netherlands’ competent authorities Roland Gerritse, (s) Na podlagi 36. člena Konvencije med Republiko Slovenijo in Kraljevino Nizozemsko o socialni varnosti, podpisanega v Ljubljani dne 22. marca 2000, so se pristojni organi pogodbenic, in sicer: – za Slovenijo minister za delo, družino in socialne zadeve in minister za zdravstvo, – za Nizozemsko minister za socialne zadeve in zaposlovanje in minister za zdravstvo, skrbstvo in šport, sporazumeli o naslednjih določbah za izvajanje konvencije: