Agreement
between the Republic of Latvia and the Republic of Finland on Social Security

The Republic of Latvia and the Republic of Finland,

Being desirous of developing their close cooperation in the field of social security and coordinating the social security rights of persons moving between the Republic of Latvia and the Republic of Finland, have agreed as follows:

Part I

General provisions

Article 1

Definitions

1. For the purposes of this Agreement:

a) "Contracting Party" means the Republic Latvia of or the Republic of Finland;

b) "legislation" means the laws, decrees, regulations and other statutory instruments relative to the social security schemes of the Contracting Parties specified in Article 2;

c) "competent authority" means, as regards the Republic of Latvia: the Ministry of Welfare and, as regards the Republic of Finland: the Ministry of Social Affairs and Health;

d) "institution" means the authority, institution or body responsible for administering the legislation specified in Article 2;

e) "competent institution" means the institution which is responsible for providing benefits under the applicable legislation;

f) "benefit" means any payment in cash or other benefit under the legislation defined in Article 2; the benefits based on employment referred to in paragraph 2 of Article 6 are, as regards the Republic of Latvia: sickness and maternity benefits, state pensions, unemployment benefits, compensations (benefits) in case of work injuries and occupational diseases as well as funeral grants and, as regards the Republic of Finland: sickness allowances and parents' benefits based on earned income, employment accident insurance allowances and employment accident pensions as well as employment pensions and unemployment benefits;

g) "medical care" means, as regards the Republic of Latvia: scope of state guaranteed health care services and, as regards the Republic of Finland: public health care services and refunds of medical expenses under the Sickness Insurance Act;

h) "parents' benefit" means, as regards the Republic of Latvia: maternity benefits and, as regards the Republic of Finland: maternity, paternity and parents' allowances under the Sickness Insurance Act;

i) "family benefit" means, as regards the Republic of Latvia: birth grant, child care allowances and family state allowances and, as regards the Republic of Finland: child allowances and maternity grants;

j) "period of insurance" means a period of employment or self-employment, of contributions or residence, as defined or recognized as a period of insurance in the legislation under which such period has been or is deemed to have been completed, or any similar period insofar as it is recognized in the legislation of a Contracting Party as equivalent to a period of insurance;

k) "future period" means, as regards the Republic of Finland: the period between the contingency and pensionable age;

l) "residing" means, as regards the Republic of Latvia: that a person has his place of residence in the territory of the Republic of Latvia, including a person who has a residence permit whether temporary or permanent to stay in the Republic of Latvia and, as regards the Republic of Finland: that the person is permanently resident and has his home in Finland and that he mainly stays in Finland;

m) "employment" means, as regards the Republic of Latvia: activity which is the basis for considering a person employed or self-employed while social security contributions have been made and, as regards the Republic of Finland: activity which is the basis for considering a person employed or self-employed under the legislation concerning the Employment Pension Scheme and, for the purposes of Article 25, activity under the Unemployment Allowances Act;

n) "family member" means, as regards the Republic of Latvia: spouse and any child under 18 years of age as well as children under 24 years of age who are full-time students and, as regards the Republic of Finland: spouse and any child under 18 years of age as well as children under 25 years of age who are full-time students or students in vocational training.

2. Other words and expressions used in this Agreement shall have the meanings respectively assigned to them in the applicable legislation of the Contracting Parties.

3. Any reference in this Agreement to an "Article" means an Article of this Agreement, and any reference to a "paragraph" is a reference to a paragraph of the Article in which the reference is made.

Article 2

Applicable legislation

1. This Agreement shall apply to the legislation governing:

A. As regards the Republic of Latvia:

a) state pensions including old-age pensions, disability pensions, survivor's pensions and special service pensions;

b) state social security allowances;

c) sickness and maternity benefits;

d) work injuries and occupational diseases insurance;

e) unemployment benefits;

f) family benefits;

g) medical care;

h) funeral grants, and

i) social security contributions.

B. As regards the Republic of Finland:

a) public health care services;

b) sickness insurance including parents' benefits;

c) the Employment Pension Scheme and the National Pension Scheme;

d) the Employment Accident and Occupational Diseases Insurance Scheme;

e) unemployment benefits under the Unemployment Allowances Act;

f) rehabilitation allowance and rehabilitation provided by the Social Insurance Institution, as far as the application of Articles 7—9 is concerned;

g) disability allowance, child care allowance and labour market support, as far as the application of Articles 7—9 is concerned;

h) child allowances and maternity grants, and

i) employer's social security contributions.

2. Unless otherwise agreed between the Contracting Parties, this Agreement shall also apply to future legislation codifying, replacing, amending or complementing the legislation referred to in paragraph 1.

3. At the entry into force of this Agreement the competent authorities shall notify each other of their legislation in the fields of social security referred to in paragraph 1. After that, every year before the end of February, the competent authorities shall notify each other of the amendments to their respective legislation's which have entered into force by that time.

4. The application of this Agreement shall not be affected by international agreements concluded by the Contracting Parties, or by such legislation of a Contracting Party that has been promulgated for the implementation of an international agreement.

Article 3

Persons covered by this Agreement

This Agreement shall apply to all persons who are or have been subject to the legislation referred to in Article 2, as well as to family members and survivors of such persons insofar as they derive their rights from those persons.

Article 4

Equal treatment

1. Subject to paragraph 3 and Article 16, the following persons shall, while residing in the territory of a Contracting Party, have the same rights and obligations under the legislation of a Contracting Party as nationals of that Contracting Party:

a) nationals of the other Contracting Party;

b) refugees, as referred to in the Convention relating to the Status of Refugees of 28 July 1951 and the Protocol of 31 January 1967 to that Convention;

c) family members and survivors of the persons mentioned under sub-paragraphs a—b with regard to rights which they derive from such persons.

2. The provisions of paragraph 1 shall in regard to the Republic of Finland also apply to stateless persons referred to in the Convention relating to the Status of Stateless persons of 28 September 1954, provided that they reside in the territory of a Contracting Party.

3. This Article shall not apply when implementing paragraph 1 of the transitional provisions of the Act on State Pensions of the Republic of Latvia.

Article 5

Export of benefits

1. Subject to paragraph 3 and Article 16, pensions and other benefits under the pension schemes as well as pensions and cash benefits due to employment accidents and occupational diseases shall not be reduced, altered, suspended or withdrawn because the person concerned resides in the territory of the other Contracting Party.

2. Subject to paragraph 3, the pensions referred to in the preceding paragraph shall be payable to nationals of the other Contracting Party residing in the territory of a third State on the same conditions as those applicable under the legislation of the Contracting Party concerned to its own nationals residing in the territory of a third State.

3. The provisions of paragraphs 1 and 2 shall not apply to Finnish unemployment pensions, part-time pensions or pensioners' housing allowances and Latvian state social security allowances.

Part II

Provisions on applicable legislation

Article 6

Main rules

1. Subject to paragraph 2 and Articles 7-9, a person employed in the territory of a Contracting Party shall be subject to the legislation of that Contracting Party, irrespective of in whose territory he resides. Other persons shall be subject to the legislation of a Contracting Party, if they reside in the territory of that Contracting Party.

2. A person residing in the territory of one Contracting Party who is employed in the territories of both Contracting Parties is entitled to the residence-based benefits only under the legislation of the Contracting Party in whose territory he resides. The benefits based on employment are determined according to the legislation of both Contracting Parties.

3. The Contracting Parties shall inform each other of the date on which a person has become subject to the legislation of that Contracting Party.

Article 7

Exceptions

1. A person who

a) is employed by an employer whose registered place of business is in the territory of a Contracting Party, and

b) is subject to the legislation of that Contracting Party, and

c) is sent to work in the territory of the other Contracting Party for the same employer or a related employer for a period not exceeding 3 years

shall continue to be subject to the legislation of the former Contracting Party as if he would be resident and employed in the territory of that Contracting Party.

2. The travelling personnel of a transport undertaking operating in the territories of both Contracting Parties shall be subject to the legislation of the Contracting Party in whose territory the undertaking has its registered place of business.

3. a) The crew of a vessel shall be subject to the legislation of the Contracting Party whose flag it flies.

b) If a vessel flying the flag of a Contracting Party is hired out mainly without the crew to a shipping company in the territory of the other Contracting Party, the provision of sub-paragraph a) of this paragraph shall apply only to a person who is employed by the owner of the vessel or by an employer used by the owner. Persons employed by a shipping company or an employer used by it shall be subject to the legislation of the Contracting Party in whose territory the registered place of business of the shipping company or the employer used by it is situated.

4. a) The members of a diplomatic mission and the members of a consular post of a Contracting Party shall be subject to the legislation of the sending Contracting Party, provided that they are nationals of that Contracting Party.

b) The administrative and technical staff and the service personnel of a diplomatic mission as well as the employees and service personnel of a consular post of a Contracting Party shall be subject to the provisions of paragraph 1 of Article 6. They may, however, opt to be subject to the legislation of the Contracting Party by which diplomatic mission or consular post they are employed, provided that they are nationals of that Contracting Party. The choice shall be made within 6 months after the entry into force of this Agreement or after the beginning of the employment in the territory of the other Contracting Party.

c) The provisions of sub-paragraph a) of this paragraph shall apply similarly to civil servants and persons treated as such.

5. A student who immediately prior to the beginning of his studies has been subject to the legislation of a Contracting Party, and who is a full-time student or in vocational training in the territory of the other Contracting Party, shall remain subject to the legislation of the former Contracting Party, unless otherwise provided in Article 6. In regard to employment accident insurance and occupational diseases insurance a student participating in practical training in connection with his studies in the territory of a Contracting Party shall, however, be subject to the legislation of that Contracting Party.

Article 8

Exceptions to Articles 6-7

1. Exceptions to the provisions of Articles 6 to 7 shall be agreed upon by the competent authorities or the bodies authorized by them.

2. Unless there are special reasons for doing otherwise, no exceptions may be agreed upon for a period longer than 5 years, including the period provided in paragraph 1 of Article 7.

Article 9

Application of Articles 6-8 to family members

1. The family members accompanying an employee referred to in paragraph 1 of Article 7, and living with him in the same household, shall be subject to the legislation of the same Contracting Party as the employee.

2. The family members accompanying a person referred to in paragraph 4 a) and c) and paragraph 5 of Article 7, and living with him in the same household, shall be subject to the legislation of the same Contracting Party as the person referred to above.

3. When agreeing on the exceptions under Article 8 from the provisions of Articles 6 and 7, the persons accompanying the employee, and living with him in the same household, shall be subject to the legislation of the same Contracting Party in regard to which the exception has been agreed on, unless there are other provisions on family members in this Agreement.

4. The provisions of paragraphs 1, 2 and 3 shall not apply, if the family member on the basis of his own employment is subject to the legislation of the other Contracting Party.

Article 10

Insurance contributions

Any insurance contributions concerning an employed or self-employed person shall be payable according to the legislation of the Contracting Party subject to whose legislation he is according to this Agreement on the basis of his own employment starting from the first day of employment. The insurance contributions related to that work and income from it shall not be payable under the legislation of the other Contracting Party.

Part III

Special provisions concerning the various categories of benefits Sickness benefits, parents' benefits and medical care

Article 11

Taking into account periods of insurance and periods of entitlement to benefits

1. When determining the entitlement to sickness or parents' benefits, periods of insurance and periods of entitlement to benefits completed in the territory of the other Contracting Party shall, to the extent necessary, be taken into account, provided that they are not overlapping.

2. For the implementation of paragraph 1, it is furthermore required that a person has completed periods of insurance under the legislation of a Contracting Party amounting to at least 4 weeks immediately before the first day of the sickness benefits period or parents' benefits period under the legislation of that Contracting Party.

Article 12

Provision of medical care

1. If a person resident in the territory of one Contracting Party needs immediate medical care during a temporary stay in the territory of the other Contracting Party, he shall be entitled to receive such medical care on the same conditions that apply to residents of that other Contracting Party.

2. Except for emergencies, the provisions of paragraph I shall not apply to granting protheses, major aid devices or other substantial benefits related to medical care specified in the Administrative Arrangement referred to in Article 27.

3. The provisions of paragraph 1 shall not apply to persons who go to the territory of the other Contracting Party for the purpose of receiving medical care.

4. When a person residing in the territory of a Contracting Party is subject to the legislation of the other Contracting Party in accordance with Article 6, he is entitled to medical care also in the territory of the Contracting Party where he resides.

5. A person who is receiving a pension under the legislation of a Contracting Party is entitled to medical care in the territory of the Contracting Party where he resides.

Article 13

Entitlement to medical care of those employed in a diplomatic mission or consular post, their family members and certain other categories of people

1. The provisions of paragraphs 1 and 2 of Article 12 shall apply in the territory of one Contracting Party to the staff members of the diplomatic mission or consular post of the other Contracting Party, as well as to their family members living in the same household.

2. The mission or post of the Contracting Party referred to in the preceding paragraph may agree on more extensive benefits related to medical care with a care establishment of the other Contracting Party.

3. The provisions of paragraphs 1 and 2 of Article 12 shall also apply to persons who, on the basis of the provisions of Articles 7—9, are subject to the legislation of the other Contracting Party.

Article 14

Reimbursement of costs of medical care between the Contracting Parties

The costs of benefits related to medical care provided in accordance with the provisions of paragraphs 1 and 2 of Article 12 and paragraphs 1 and 3 of Article 13 shall be reimbursed between the Contracting Parties as determined in greater detail in the Administrative Arrangement referred to in Article 27.

Old-age, disability and survivors' pensions

Article 15

Granting of pensions

When granting pensions on the basis of this Agreement, the competent institutions of the Contracting Parties shall apply their respective legislations.

Article 16

Special provisions applicable to the Finnish National Pension Scheme

1. Notwithstanding Article 4 and paragraphs 1 and 2 of Article 5, the entitlement to and the payment of benefits under the legislation concerning national pensions and survivors' pensions shall be determined according to this Article.

2. A national of a Contracting Party residing in the territory of a Contracting Party shall be entitled to:

a) an old-age pension, if he has been resident in the Republic of Finland for an unbroken period of at least 3 years after having reached the age of sixteen years;

b) a widow's or widower's pension, if he and the deceased person had been resident in the Republic of Finland for an unbroken period of at least 3 years after having reached the age of sixteen years and the deceased was a national of a Contracting Party and resided in the territory of a Contracting Party at the time of death;

c) an orphan's pension, if the deceased person was a national of a Contracting Party who had been resident in the Republic of Finland for an unbroken period of at least 3 years after having reached the age of sixteen years and who resided in the territory of a Contracting Party at the time of death.

Article 17

Special provisions applicable to the Finnish Employment Pension Scheme

1. If the entitlement to a pension requires completion of insurance periods, the insurance periods completed in the Republic of Latvia on the basis of the person's own employment shall, to the extent necessary, be taken into account.

2. For entitlement to a pension based on the future period the person shall have been subject to the Finnish Employment Pension Scheme for at least twelve calendar months during a period consisting of the year of contingency and the 10 calendar years preceding it.

3. If the person does not fulfil the requirement of 5 years' residence under the Finnish employment pension legislation for entitlement to a pension based on the future period, the insurance periods completed in the Republic of Latvia on the basis of the person's own employment shall be taken into account, provided that they are not overlapping.

Article 18

Special provision applicable to the Latvian State Pensions Scheme

1. For the purposes of determining eligibility for pensions under the Latvian State Pensions Scheme, the insurance periods completed under the Finnish Employment Pension Scheme shall be taken into account, provided that they are not overlapping.

2. If the person is entitled to an old-age pension based on paragraph 1 only in the Republic of Latvia and the amount of the pension benefit does not reach the minimum amount, the pension shall be increased to a minimum pension benefit according to Latvian legislation, provided that the person has been subject to the Latvian state pension scheme for at least twelve calendar months. The pension benefit shall be redetermined after the other Contracting Party has granted a pension.

3. For entitlement to a disability or survivor's pension the person shall have been subject to the Latvian state pension scheme for at least twelve calendar months.

Article 19

Special provisions applicable to the Latvian state social security allowance

For the purposes of determining eligibility for Latvian state social security allowance, periods of residence completed in the Republic of Finland shall be taken into account, provided that the person has been residing in the Republic of Latvia for the last twelve months immediately before claiming the allowance or the deceased breadwinner has been residing in the Republic of Latvia for the last twelve months immediately before death.

Occupational diseases and employment accidents

Article 20

Applicable legislation

The right to benefits due to an accident at work and an occupational disease shall be determined according to the legislation applying to the beneficiary at the time of the accident, as provided in Articles 6-8.

Article 21

Occupational diseases

1. When a person who has contracted an occupational disease has, under the legislation of both Contracting Parties, pursued an activity likely to cause this disease, the benefits that he or his survivors may claim shall be awarded exclusively under the legislation of the last of these Contracting Parties.

2. However, if there is no entitlement to benefits under the legislation of the last Contracting Party, the claim shall be referred by the institution of that Party to the institution of the first Contracting Party, which shall study the case under the terms of its legislation.

Article 22

Degree of disability

If the legislation of one Contracting Party explicitly or implicitly provides that previous employment accidents or occupational diseases are taken into consideration when determining the degree of disability, the competent institution of that Contracting Party shall also take into consideration the previous employment accidents or occupational diseases sustained while under the legislation of the other Contracting Party, as if the legislation of the first Contracting Party had been applicable.

Article 23

Aggravation of an occupational disease

In the event of aggravation of an occupational disease for which a person has received or is receiving benefit under the legislation of a Contracting Party, the following rules shall apply:

a) if the person concerned has not, while in receipt of benefits, been engaged in an occupation under the legislation of the other Contracting Party likely to cause or aggravate the disease in question, the competent institution of the first Contracting Party shall meet the cost of the benefits under the provisions of the legislation which it administers taking into account the aggravation;

b) if the person concerned, while in receipt of benefits, has pursued such an activity under the legislation of the other Contracting Party, the competent institution of the first Contracting Party shall meet the cost of the benefits under the legislation which it administers without taking the aggravation into account. The competent institution of the second Contracting Party shall grant a supplement to the person concerned, the amount of which shall be equal to the difference between the amount of benefits due after aggravation and the amount which would have been due prior to the aggravation under the legislation which it administers, as if the disease in question had occured under the legislation of that Contracting Party.

Article 24

Medical care

1. When a person who is insured under the legislation of a Contracting Party needs necessary medical care as a consequence of an employment accident or occupational disease sustained in the territory of the other Contracting Party, such care shall be provided by the institution of that Contracting Party.

2. The cost of the necessary care provided in accordance with paragraph 1 shall be borne by the insurance institution providing it.

Unemployment benefits

Article 25

Taking into account periods of insurance and periods of entitlement to benefits

1. When determining the entitlement to an unemployment benefit, periods of employment completed in the territory of the other Contracting Party shall, to the extent necessary, be taken into account, provided that they are not overlapping. In that case it is, however, presupposed that the person concerned before submitting his claim for benefits under the legislation of that Contracting Party has been employed in the territory of that Contracting Party for at least 4 weeks immediately before his employment was terminated, or that the employment was intended to last at least 4 weeks but was terminated through no fault of the employed person before the expiration of that period.

2. Any period of entitlement to benefits in accordance with the legislation of a Contracting Party or paragraph 1 shall be reduced taking into account such periods of unemployment for which the competent institution of the other Contracting Party has paid unemployment benefits.

Family benefits

Article 26

Payment of benefits

1. Child allowances and Latvian family state allowances and child care allowances shall be payable according to the legislation of the Contracting Party subject to whose legislation the child is on the first day of the month.

2. If the benefit referred to in paragraph 1 due to the application of this Agreement or legislation of a Contracting Party would be payable from both Contracting Parties, it shall be payable only under the legislation of the Contracting Party where the child de facto resides.

3. Maternity grant and birth grant shall be payable according to the legislation of the Contracting Party subject to whose legislation the mother is at the child's birth, or subject to whose legislation the adoptive parent is at the time of the adoption.

Part IV

Miscellaneous provisions

Article 27

Administrative Arrangement and exchange of information

The competent authorities shall:

a) agree on the procedure for the implementation of this Agreement by means of an Administrative Arrangement;

b) exchange information concerning the measures taken for the application of this Agreement;

c) exchange information concerning all such changes in their respective legislation which may affect the application of this Agreement;

d) designate liaison bodies to facilitate and accelerate the implementation of this Agreement.

Article 28

Administrative assistance

The competent authorities and institutions of the Contracting Parties shall assist each other in implementing this Agreement as if they were enforcing their own legislation. This administrative assistance shall be free of charge, unless the competent authorities otherwise agree on reimbursement of certain costs.

Article 29

Data protection

Any data pertaining to a private person which are in the course of the application of this Agreement transmitted by one Contracting Party to the other shall be confidential and may be used exclusively for implementing this Agreement and the legislation to which this Agreement applies.

Article 30

Medical examinations

1. Where a person who is in the territory of either Contracting Party has claimed, or is receiving, benefit under the legislation of the other Contracting Party and an additional medical examination is necessary, the competent institution of the former Contracting Party shall arrange for such examination if the competent institution of the latter Contracting Party so requests. The cost of the examination shall be met by the competent institution of the latter Contracting Party.

2. An institution, appointed by the competent authority of the Republic of Finland to undertake a medical examination at the request of the competent authority of the Republic of Latvia, shall be treated as a medical commission for determination of the disablement questions under the legislation of the Republic of Latvia.

Article 31

Exemption from taxes and charges

1. Where the legislation of a Contracting Party provides that any claim or document is exempt, wholly or partly, from taxes, stamp duties, fees for court proceedings or registration fees, as far as the application of the legislation of that Contracting Party is concerned, the exemption shall be extended to apply also to claims and documents which are submitted under the legislation of the other Contracting Party or this Agreement.

2. Documents and certificates which are presented for the purposes of this Agreement shall be exempt from requirements for authentication by diplomatic or consular authorities.

Article 32

Submission of claims

1. Claims, notifications and appeals submitted to the competent institution of one Contracting Party shall be deemed to have been submitted to the competent institution of the other Contracting Party on the same date.

2. A claim for a benefit payable under the legislation of one Contracting Party shall be deemed to be a claim for the corresponding benefit payable under the legislation of the other Contracting Party, provided that the person concerned, within 6 months from submitting an application form under the legislation of the former Contracting Party, submits a claim for a corresponding benefit under the legislation of the latter Contracting Party.

3. Where, under the Finnish legislation, an additional amount is payable because of delay in processing a claim for a pension or other benefit, the claim shall, for the purposes of applying the provisions of the legislation concerning such an additional amount, be deemed to have been presented on the date when that claim, along with all necessary enclosures, has been received by the competent Finnish institution.

Article 33

Enforcement of decisions

1. Enforceable decisions by a tribunal of one Contracting Party, as well as enforceable documents issued by the authority or institution of one Contracting Party in respect of social insurance contributions and other claims, shall be recognized and enforced in the territory of the other Contracting Party.

2. The recognition and enforcement may be refused only where it would be incompatible with the legal principles of the Contracting Party where the recognition and enforcement is sought.

3. The enforcement procedure shall be in compliance with the legislation of the Contracting Party where it takes place. The decision or document shall be accompanied by a certificate indicating its enforceability (enforcement clause).

4. Overdue insurance contributions to the institution of the other Contracting Party shall in any enforcement procedure and bankruptcy procedure or enforced settlement in the territory of a Contracting Party have the same precedence as equivalent claims in the territory of that Contracting Party.

Article 34

Claims for recovery

1. If the institution of a Contracting Party has paid a beneficiary a sum exceeding the entitlement of that beneficiary, the institution may within the scope and terms of the applicable legislation request the institution of the other Contracting Party, which pays benefits to that beneficiary, to withhold a sum equivalent to the sum paid in excess from any benefit payable by the latter institution to the beneficiary.

2. If the institution of a Contracting Party has made advance payments for a period during which the beneficiary was entitled to equivalent benefits under the legislation of the other Contracting Party, the institution may request the institution of that other Contracting Party to withhold a sum equivalent to the advance payment from any benefit payable by the latter institution to the beneficiary for the same period.

3. If a person has received social assistance in the territory of a Contracting Party for a period during which he was entitled to benefits under the legislation of the other Contracting Party, the institution which had provided the social assistance may, if entitled to claim recovery of payments to a beneficiary, request the institution of the other Contracting Party to withhold a sum equivalent to the social assistance costs from any benefit payable by the latter institution to the person concerned.

4. The institution shall withhold any sum equivalent to a sum paid in excess, advance payment or social assistance referred to in the preceding paragraphs in compliance with the scope and terms of the applicable legislation. The institution shall transfer the sum it has withheld to the requesting institution of the other Contracting Party.

Article 35

Languages used in the application

1. The competent authorities, institutions and liaison bodies of the Contracting Parties may in the application of this Agreement use the official languages of the Contracting Parties or the English language, as specified in the Administrative Arrangement referred to in Article 27.

2. The claims, certificates, appeals or other documents submitted to an authority or to an institution of a Contracting Party with a view to application of this Agreement shall not be rejected on the ground that they are written in an official language of the other Contracting Party or in English.

Article 36

Currency and method of payment

1. Payment of any benefit in accordance with this Agreement may be made in the currency of the Contracting Party whose competent institution makes the payment.

2. If provisions designed to restrict the exchange or exportation of currencies are introduced by either Contracting Party, the Governments of both Contracting Parties shall immediately take measures necessary to insure the transfer of sums payable under this Agreement.

3. Where a person in the territory of one Contracting Party is receiving a benefit under the legislation of the other Contracting Party, it shall be payable by whatever method the competent institution of the latter Contracting Party deems appropriate.

Article 37

Settlement of disputes

1. Any dispute arising between the Contracting Parties regarding the interpretation or application of this Agreement shall be settled in consultation between the competent authorities.

2. If no agreement is reached under paragraph 1, a Contracting Party may submit the dispute to a court of arbitration, whose composition and procedure shall be agreed upon by the Contracting Parties. The decisions of the court of arbitration shall be binding and final.

Part V

Transitional and final provisions

Article 38

Application of this Agreement to periods of time preceding its entry into force

1. This Agreement shall not confer any right to receive a payment of a benefit for any period before the date of entry into force of this Agreement.

2. When determining the right to benefits under this Agreement, any period of insurance and of entitlement to benefits completed before the entry into force of this Agreement shall be taken into account.

3. This Agreement may be applied even to contingencies that occurred before the entry into force of this Agreement.

4. Benefits granted before the entry into force of this Agreement may upon application by the beneficiary be determined to comply with the provisions of this Agreement. Such a predetermination shall not result in any reduction in the amount of a benefit.

5. If a person is entitled to a pension based on residence under one Contracting Party's legislation for a period prior to the entry into force of this Agreement, and for the same period has got an entitlement based on employment under the other Contracting Party's legislation, the pension shall be determined exclusively under the latter Contracting Party's legislation, as if he had been resident in its territory.

6. Where the provisions of paragraph 1 of Article 7 are applied to a person sent to work in the territory of a Contracting Party prior to the entry into force of this Agreement, the employment referred to in the said provisions shall be considered to begin on the date of entry into force of the Agreement, provided that the person during the employment has been subject to all branches of social security legislation applied by that Contracting Party.

7. If the institution of a Contracting Party has prior to the entry into force of the Agreement taken a decision to apply social security legislation to a person referred to in the preceding paragraph, that person shall in accordance with the decision continue to be subject to the legislation of the Contracting Party without a procedure specified in the Administrative Arrangement, provided that the decision will not be in force more than 3 years after the entry into force of the Agreement.

8. Paragraph 5 of Article 7 is applicable to a student who has begun his studies in the territory of a Contracting Party prior to the entry into force of this Agreement, provided that the student was subject to the legislation of the other Contracting Party immediately prior to beginning his studies.

Article 39

Validity and denunciation of the Agreement

1. This Agreement shall remain in force for an indefinite period.

2. Either Contracting Party may at any time denounce this Agreement. Such denunciation shall enter into force 6 months after the date of its notification to the other Contracting Party through the diplomatic channels.

3. If this Agreement is terminated, any right to benefits acquired in accordance with this Agreement shall be maintained.

Article 40

Entry into force

This Agreement shall enter into force on the first day of the second month following the month in which the Contracting Parties have notified each other through the diplomatic channels that they have complied with all constitutional requirements for the entry into force of this Agreement.

In witness whereof the undersigned, being duly authorized thereto, have signed the present Agreement.

Done at Helsinki on 11 May, 1999 in duplicate in the Latvian, Finnish and English languages, each text being equally authentic. In case of divergence of interpretations, the English text shall prevail.

For the Republic of Latvia For the Republic of Finland

Administrative Arrangement for the Implementation of the Agreement on Social Security
between the Republic of Latvia and the Republic of Finland

Pursuant to Article 27 of the Agreement on Social Security between the Republic of Latvia and the Republic of Finland of this date, hereinafter referred to as "the Agreement", the competent authorities of the Contracting Parties have agreed on the following provisions:

Part I

General provisions

Article 1

The terms used in this Administrative Arrangement shall have the meaning given to them in the Agreement.

Article 2

1. The liaison bodies referred to in Article 27, paragraph d) of the Agreement are:

a) for Latvia

i) the State Social Insurance Agency (Valsts sociālās apdrošināšanas aģentūra), as regards sickness and maternity benefits, state pensions, state social security allowances, unemployment benefits, work injuries' and occupational diseases' insurance, family benefits, funeral grants,

ii) the State Compulsory Health Insurance Agency (Valsts obligātās veselības apdrošināšanas aģentūra), as regards reimbursement of the costs of benefits relating to medical care.

b) for Finland

i) the Social Insurance Institution (Kansaneläkelaitos), as regards sickness insurance, the National Pension Scheme, rehabilitation allowance and rehabilitation arranged by the Social Insurance Institution, disability allowance, child care allowance, family benefits, unemployment benefits under the Unemployment Allowances Act , as well as reimbursement of the costs of benefits relating to medical care,

ii) the Central Pension Security Institute (Eläketurvakeskus), as regards the Employment Pension Scheme and application of the provisions on applicable legislation, including notifying of the choice according to Article 7, paragraph 4, subparagraph b) of the Agreement, and

iii) the Federation of Accident Insurance Institutions (Tapaturmavakuutuslaitosten liitto), as regards the Employment Accident and Occupational Diseases Insurance Scheme;

The addresses and other particulars of the liaison bodies are given in Annex 1.

2. The liaison bodies will agree upon the joint procedures, forms, certificates and notifications necessary for the implementation of the Agreement and this Administrative Arrangement.

Part II

Provisions on applicable legislation

Article 3

1. Where the legislation of a Contracting Party is applied in accordance with Article 7, paragraph 1, and Article 8 of the Agreement, an institution of that Contracting Party will issue a certificate stating that the employee and the family members accompanying him referred to in Article 9, paragraphs 1 and 3, remain to be subject to that Contracting Party's legislation. The certificate is proof that the employee and the accompanying family members are exempt from the other Contracting Party's legislation and insurance contributions related to that employment.

2. The certificate referred to above in paragraph 1 will be issued and the exception referred to in Article 8 of the Agreement granted

a) in Latvia by the State Social Insurance Agency (Valsts sociālās apdrošināšanas aģentūra);

b) in Finland by the Central Pension Security Institute (Eläketurvakeskus)

3. The institution of a Contracting Party which issues the certificate will furnish the liaison body of the other Contracting Party with a copy of it.

Article 4

Upon request, the Contracting Parties will without delay notify each other that a national of the other Contracting Party or a person moving from the territory of the other Contracting Party has been registered with the residence-based social security schemes of that Contracting Party. In Latvia by the State Social Insurance Agency (Valsts sociālās apdrošināšanas aģentūra) and in Finland the notification will be made by the Social Insurance Institution (Kansaneläkelaitos).

PART III

Sickness and parents' benefits and benefits relating to medical care

Article 5

1. Where the provisions of Article 11 of the Agreement are applied, the person concerned will upon request of the competent institution of a Contracting Party present a certificate issued by the competent institution of the other Contracting Party stating the periods of insurance and periods of entitlement to benefits completed under the legislation of the latter Contracting Party.

2. The certificate referred to in paragraph I will be issued in and Latvia by the State Social Insurance Agency (Valsts sociālās apdrošināšanas aģentūra) in Finland by the Social Insurance Institution (Kansaneläkelaitos).

3. If the person concerned fails to present the certificate referred to in paragraph 1, the competent institution of the Contracting Party will obtain it from the competent institution of the other Contracting Party.

Article 6

1. In order to get access to the benefits relating to medical care referred to in Articles 12 and 13, the person concerned shall present a certificate issued by the competent institution.

2. The certificate referred to in paragraph 1 will be issued in Latvia by the State Compulsory Health Insurance Agency (Valsts obligātās veselības apdrošināšanas aģentūra) and in Finland by the Social Insurance Institution (Kansaneläkelaitos).

3. The certificate will be issued for the period the person concerned is entitled to stay in the territory of the other Contracting Party, but however for a maximum of 3 months at a time. This does not apply to persons referred to in Article 13.

4. If the person concerned fails to present the certificate referred to in paragraph 1, the institution of the place of temporary residence may, for special reasons, obtain it from the competent institution of the other Contracting Party.

Article 7

Prostheses, important aids and substantial benefits relating to medical care referred to in Article 12, paragraph 2, of the Agreement are as follows:

1. Functional or cosmetic prostheses compensating for deficiencies in extremities, extremity orthoses, body orthoses and corsets with additional devices and accessories,

2. individually manufactured special shoes and necessary orthopaedic insoles,

3. chin and facial prostheses,

4. ocular prostheses,

5. dental prostheses (fixed and removable) and obturators for use in the buccal cavity,

6. electric wheelchairs, wheelchairs, walking aids,

7. spare parts for above-mentioned devices, and

8. medical rehabilitation and occupational rehabilitation

Article 8

1. The reimbursement of costs of benefits relating to medical care referred to in Article 14 of the Agreement will be made on the basis of the real costs incurred.

2. The competent authorities will set up a working group to monitor medical care services and their costs, and to make a proposal for the grounds for reimbursement, which will be confirmed by the competent authorities for a maximum of three years at a time.

3. Until the end of the second calendar year following the entry into force of the Agreement, compensation is, however, payable only for the part the amount of benefits relating to medical care provided by one Contracting Party exceeds the corresponding benefits provided by the other Contracting Party, as prescribed in Annex 2, which is an integral part of this Administrative Arrangement.

4. The competent institutions will make the reimbursement per calendar year by the end of the following year.

Part IV

Old-age, disability and survivors' pensions

Article 9

1. In order to get entitlement to the benefits under Part IV of the Agreement the applicant shall submit an application form in Latvia to the State Social Insurance Agency (Valsts sociālās apdrošināšanas aģentūra). In Finland the application form shall be submitted to the Social Insurance Institution or an institution administering employment pensions or their local representatives.

2. An application form submitted in Finland will be without delay forwarded through the Finnish liaison body to the Latvian liaison body, which will forward it to the competent institution.

3. An application form submitted in Latvia will be without delay forwarded through the Latvian liaison body to the Finnish liaison body, which will forward it to the competent institution.

4. Prior to forwarding an application form referred to in the previous paragraphs, the liaison body will note thereon the date of receipt of the application and verify all necessary particulars of the applicant, the insured person and his dependants. The transmission of the form so verified will exempt the liaison body from sending attached the documents on which the information is based.

5. Along with the application form, the liaison body of a Contracting Party will send the liaison body of the other Contracting Party also a liaison form.

6. The liaison bodies will communicate each other also other information necessary for determining entitlement to pension and, depending on the case and to the extent permitted by their legislations, also attach medical reports.

7. The liaison bodies will notify each other of the decisions concerning entitlement to pension.

Part V

Employment accidents and occupational diseases

Article 10

1. When an employment accident is sustained or an occupational disease is first diagnosed in the territory of a Contracting Party, other than that in which the competent institution is situated, such accident or disease will be notified to the competent institution in conformity with the procedure provided for by the legislation administered by the competent institution.

2. The competent institution will be entitled to obtain from the authorities and institutions of the other Contracting Party any medical and documentary evidence which the institution considers necessary for its investigation of the claim.

Article 11

Where the institution of a Contracting Party to which an occupational disease is notified in pursuance of Article 10 of this Administrative Arrangement ascertains that the person suffering from such disease has last pursued an activity likely to cause such occupational disease in the territory of the other Contracting Party, the institution will forward the notification and any accompanying documents to the other Contracting Party.

Article 12

1. Where an aggravation of an occupational disease occurs in the territory of the Contracting Party other than that in which the institution from which the person suffering from such disease has received or is receiving benefits is situated, the aggravation will be notified to the other Contracting Party in conformity with the procedure provided for by the legislation administered by the said institution. Such notification will be submitted to the institution from which the person concerned has received or is receiving benefits. .

2. The institution from which the person suffering from an occupational disease has received or is receiving benefits will be entitled to obtain from the authorities and institutions of the other Contracting Party all available information on any activity likely to cause or aggravate the occupational disease in question pursued by the person suffering from such disease in the territory of the other Contracting Party.

3. Where for the application of Article 23, paragraph b) of the Agreement the institution from which the person concerned has received or is receiving benefits in respect of an occupational disease ascertains that it will not be bound to meet the costs due after any aggravation of the occupational disease, the institution will supply the competent institution of the other Contracting Party with particulars of this decision and all the medical and documentary evidences of the occupational disease previously verified.

Part VI

Unemployment benefits

Article 13

1. Where the provisions of Article 25 of the Agreement are applied, the person concerned will, upon request of the competent institution of a Contracting Party present a certificate issued by the competent institution of the other Contracting Party, on which the periods of employment and periods of entitlement to benefits completed under the legislation of the latter Contracting Party are noted. .

2. The certificate referred to in paragraph 1 will be issued in Latvia by the State Social Insurance Agency (Valsts sociālās apdrošināšanas aģentūra), and in Finland by the Social Insurance Institution (Kansaneläkelaitos) or the competent unemployment fund.

3. If the person concerned fails to present the certificate referred to in paragraph 1, the competent institution of the Contracting Party will obtain it from the competent institution of the other Contracting Party.

Part VII

Family benefits

Article 14

1. The competent institution to which the application for a family benefit referred to in Article 26 of the Agreement has been submitted will obtain from the competent institution of the other Contracting Party the necessary information concerning the applicant and his family members. .

2. If the competent institution of a Contracting Party pays child allowance for a child resident in the territory of the other Contracting Party, the institution of the former Contracting Party will, prior to the first payment, notify the competent institution of the Contracting Party in whose territory the child is resident of the matter. The notification will be made also when the payment referred to in Article 26 of the Agreement ceases.

Part VIII

Miscellaneous provisions

Article 15

1. The liaison bodies of the Contracting Parties in accordance with Article 2, paragraph 1, of this Administrative Arrangement shall inform each other of all such circumstances that are of significance for granting benefits.

2. What is provided in paragraph 1, covers in particular the following circumstances, as far as they come to the knowledge of the competent liaison body or the competent institution:

— date of beginning the employment,

— death of the person entitled to a benefit or of a child entitled to apply for a benefit,

— widow/er remarries,

— the person concerned moves to live in another state,

— change of address,

— change of nationality,

— a child ceases to be in the custody of the widow/er,

— notification of adoption of a child,

— changes in the amount of pension, for other reasons than owing to index or comparable increases.

Article 16

The liaison bodies of the Contracting Parties may agree upon exchange of statistics.

Article 17

1. The liaison body or the competent institution of a Contracting Party will reimburse the amounts of the additional medical examination referred to in Article 30, paragraph 1, of the Agreement on the basis of a detailed invoice presented by the other Contracting Party.

2. For the purposes of Article 30, paragraph 2, of the Agreement, the Institution which will undertake the medical examination is the Social Insurance Institution (Kansaneläkelaitos) or an institution administering employment pensions.

Article 18

The authorities and institutions of the Contracting Parties may directly contact each other in the Latvian, Finnish and Swedish languages. Furthermore, it is always possible to use English.

Article 19

This Administrative Arrangement will enter into force on the date of entry into force of the Agreement and will have the same period of validity.

DONE at Helsinki on 11 May, 1999 in duplicate in the Latvian, Finnish and English languages, each text being equally authentic.

For the competent authority For the competent authority

of the Republic of Latvia of the Republic of Finland

Annex 1

 

Adresses and other Particulars of the Liaison Bodies

IN LATVIA:

1. State Social Insurance Agency

Valsts sociālās apdrošināšanas aģentūra
Lāčplēša iela 70A, Riga LV-1011
Tel: + 371-7013632 Fax: +371-7286717

2. State Compulsory Health Insurance Agency

Valsts obligātās veselības apdrošināšanas aģentūra
47/49 Ūnijas iela, Riga LV-1039
Tel: + 371-2-279365 Fax: +371-2-569574

IN FINLAND:

1. The Social Insurance Institution

Kansaneläkelaitos

Individual matters:	Matters of general character:
P.O.Box 82	P.O.Box 450
FIN-00601 HELSINKI	FIN-00101 HELSINKI
FINLAND	FINLAND
Tel: +358-20-435 3443	Tel: +358-20-434 11
Fax: +358-20-435 3444	Fax: +358-20-434 5058

2. The Central Pension Security Institute

Eläketurvakeskus

FIN-00065 ELÄKETURVAKESKUS
FINLAND
Tel: +358-9-1511 Fax: +358-9-1512 616

3. Federation of Accident Insurance Institutions

Tapaturmavakuutuslaitosten liitto
Bulevardi 28
FIN-00120 HELSINKI
FINLAND
Tel: +358-9-680 401 Fax: +358-9-680 403 89

Annex 2

The Reimbursement of Costs of Medical Care

The reimbursement of costs of medical care referred to in Article 8, paragraph 3, of the Administrative Arrangement will be calculated in the year of entry into force of the Agreement and in the subsequent two years as follows: lows:

1. In accordance with the provisions of Article 12, paragraph 1 and 2, and Article 13, paragraphs 1 and 3, of the Agreement the medical care services provided and the compensations for benefits relating to medical care paid to such persons who have certified their entitlement to benefits in the manner referred to in Article 6 of the Administrative Arrangement, will be scored as follows:

A. FINLAND

I. Primary medical care

Visit to a health centre 10 points

Bed-day in a health centre hospital 32 points oints

II. Specialised medical care

Visit to an out-patient department 32 points

Bed-day 73 points

III. Highly specialised medical care

Visit to an out-patient department 35 points

Bed-day 97 points

IV. Sickness insurance compensations

The amounts designed in Finnish currency will be converted into points using the price of point determined for the Contracting Party for each year. year.

V. Benefits in case of emergencies

Protheses, major aid devices and other substantial benefits related to medical care granted in case of emergency will be considered as part of the treatment given in the care establishment concerned.

B. LATVIA

I. Basic and primary care

Visit to out-patient institution (Center) 8 points

Bed-day in the centre's day stationary 18 points

II. Specialised or secondary care

Visit to an institution 16 points

Bed-day in hospital 32 points

III. Highly specialised or tertiary care

Visit to an out-patient institution 30 points

Bed-day in hospital 85 points

IV. Reimbursement of medicines

The Latvian lats paid for medicines will be converted into points using the price point determined for the Contracting Party for each year.

V. Benefits in case of emergencies

Protheses, major aid devices and other substantial benefits related to medical care granted in case of emergency will be considered as part of the treatment given in the health care institution concerned.

1. No reimbursement is made if the points indicating the amount of services provided in the territories of both Contracting Parties are equal. If the number of points scored in one country exceeds the number of points scored in the other country, the excess will be reimbursed according to the value determined for the points of the Contracting Party that has provided more treatment. ment.

2. The value of the points of the compensation year will be determined according to the average costs of that year, after the patient's average own liability share (patient fee) has been deducted from the costs:

a) in Latvia according to the average costs of a visit to an out-patient institution (B.I.) divided by eight

b) In Finland according to the price of a visit to health centre (A.I.) divided by ten;

The above-mentioned costs include all operating costs of health care institutions. Investment costs are not included. uded.

3. The numbers and values of points for the compensation year will be determined by the end of September of the second calendar year following the compensation year. The reimbursement will be made by the end of that year.