International aspects of <strong>social</strong> <strong>security</strong>A. IntroductionOur economic and <strong>social</strong> lives are becoming more and more international.Would you like to go on holiday, to reside, to work, to find a job or to study in another country?Are you entitled to <strong>social</strong> <strong>security</strong> benefits in this other country? After all:- can you receive health care if you fall ill abroad? Will your health insurance fundreimburse these costs?- do you preserve your retirement when you go living abroad?- if you work abroad, in which country will you pay your <strong>social</strong> <strong>security</strong> contributions?Important remarkBefore leaving Belgium, if you receive <strong>social</strong> <strong>security</strong> benefits, get in touch with theinstitution that pays you these benefits, in order to know what you have to do. (You can findinformation on https://www.<strong>social</strong><strong>security</strong>.be/CMS/fr/leaving_belgium/index.html.)If you pursue your activity outside the territory of the European Community, you can jointhe <strong>social</strong> <strong>security</strong> scheme of the Overseas Social Security Office (OSSOM) on a free basis.When you come to live or work in Belgium, you will have to affiliate with a mutualinsurance fund or with the “Auxiliary fund for sickness and invalidity insurance”.For salaried persons, the employer will take care of the other formalities.The workers (salaried, self-employed or apprentices) who come to work in Belgium haveto be declared electronically to the Belgian competent institutions before the beginningof the activity in Belgium. You will find more information on http://www.limosa.be.B. International agreements on <strong>social</strong> <strong>security</strong>In order to improve movement of people from one country to another, Belgium has undersignedinternational agreements on <strong>social</strong> <strong>security</strong>.The international agreements on <strong>social</strong> <strong>security</strong> are concluded between several countries(multilateral agreements) or between two countries (bilateral agreements).66
B – 1 Multilateral agreementsMultilateral agreements are usually concluded within an international organisation :- the European Union (EU) and the European Economic Area (EEA) (cf. C);- the International Labour Organisation (ILO – European Convention concerning <strong>social</strong><strong>security</strong> for workers in international transport)– or the Council of Europe (European Convention on Social Security).B- 2 Bilateral agreementsBelgium has concluded bilateral agreements with the following countries : Algeria, Australia,Canada (as well as a separate agreement with Québec), Chile, Congo (DRC), South Korea, Croatia,the United States of America, India, Israel, Japan, Yugoslavia (this convention still applies to theformer Yugoslav Republics of Bosnia-Herzegovina, Kosovo, Montenegro and Serbia), the formerYugoslav Republic of Macedonia, Morocco, the Philippines, San Marino, Tunisia, Turkey andUruguay.B – 3 Which are the objectives of the international agreements on <strong>social</strong> <strong>security</strong> ?The international agreements on <strong>social</strong> <strong>security</strong> govern the application of the national <strong>social</strong><strong>security</strong> legislations when you move from one country to another.The international agreements on <strong>social</strong> <strong>security</strong> concluded by Belgium generally have the samegoals :- pursue equality of treatment: the persons subject to the legislation of the contractingcountries shall have the same rights and obligations whenever in the same situation(entitlement to the same benefits, same obligation of co-financing the <strong>social</strong> <strong>security</strong>with contributions or taxes, …) ;- determine the applicable <strong>social</strong> <strong>security</strong> legislation: to avoid that a person is subjectto several <strong>social</strong> <strong>security</strong> legislations or is not subject to any legislation, the agreementslay down rules to determine which legislation will be applied ;- maintain acquired rights or almost acquired rights: insurance periods achieved in thecontracting countries are added together in order to open entitlement to benefits or tocalculate the amount of these benefits (ex. : old-age pensions) ;- ensure exportability of <strong>social</strong> <strong>security</strong> benefits: he conditions of residence for grantingthe benefits are abolished (ex. : invalidity pensions).B – 4 Limits to the application of international <strong>social</strong> <strong>security</strong> agreementsThe international <strong>social</strong> <strong>security</strong> agreements determine three limits of application :- the territorial scope of application (where it is applicable) : the agreement defines theterritories to which it applies;- the material scope of application (to what it applies) : the agreement lists the <strong>social</strong><strong>security</strong> sectors concerned;- the personal scope of application (to whom it applies): the agreement specifies thepersons to whom it applies ; nationals, family members, survivors, stateless, refugees, …67