Treaty Series Recueil des Traites - United Nations Treaty Collection

1953 Nations Unies - Recuei des Traitds 81
4. In the cases referred to in the preceding paragraphs, the appropriate
provisions of laws and regulations shall be those applying to the institution
furnishing benefit.
5. The institution with which the person concerned is insured shall refund
the actual cost of benefits in kind to the institution which furnished them.
The administrative authorities of the contracting countries may, by an administrative
agreement between all the countries, make other arrangements for
repayment or renounce their claim to any refund.
Section 2. Invalidity (Pensions)
Article 8
1. In the case of persons who have been insured successively or alternately
under the schemes of two or more contracting countries, insurance periods spent
under all such schemes and equivalent periods shall, in so far as they do not
overlap, be aggregated for the purposes both of the acquisition of the right to
benefit and of the maintenance or recovery of such right. Nevertheless, periods
credited in a contracting country in an occupation other than that of Rhine
boatman shall be aggregated for the purposes of this Article only if the insured
person has worked for at least one year as a Rhine boatman in that country.
2. If the laws or regulations of a contracting country make it a condition
for the granting of certain advantages that the periods shall have been spent under
a special scheme, only periods spent under the corresponding special schemes
of the other countries shall be aggregated for the purposes of granting such
advantages. If one of these other countries does not possess a corresponding
special scheme, any periods spent under its general scheme in an employment
which would have been subject to such special scheme had it existed shall be
taken into consideration. These provisions shall apply subject to the provisions
of the preceding paragraph.
3. If the rate of the invalidity pension varies according to the duration of
insurance, all the periods referred to in the preceding paragraphs shall, in
calculating the rate, be taken into account in accordance with the laws and
regulations applied by the institution which awards the pension.
4. If the laws or regulations of a contracting country base the calculation
of the invalidity pension on an average wage, an average contribution, or an
average increment, any such average shall, for the purpose of calculating the
invalidity pension to be charged to the institution of such country, be determined
with reference solely to insurance periods spent under the laws or regulations
of such country.
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