Treaty Series Recueil des Traites - United Nations Treaty Collection

1953 Nations Unies - Recuei des Traitis 85
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 purpose 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 above paragraph.
3. (i) The benefits to which an insured person may be entitled under
old-age and death (pensions) insurance by virtue of the laws and regulations of
a contracting country shall be determined, in principle, by calculating the amount
of the benefits to which he would be entitled if the aggregate of the insurance
periods referred to in paragraph 1 had been spent under the laws and regulations
of each contracting country in which he has been insured.
(ii) The appropriate institution of each contracting country shall
determine according to its own laws and regulations whether the insured person
fulfils the conditions required for entitlement to benefit by such laws and regulations,
taking account of the aggregate of the insurance periods.
(iii) This institution shall first calculate the rate of the benefit to
which the person concerned would be entitled if all insurance periods aggregated
had been spent solely under its own laws and regulations, and shall then fix the
rate of benefit due in proportion to the duration of the periods spent under such
laws and regulations.
4. If the laws or regulations of a contracting country base the calculation
of benefits on an avarage wage, an average contribution, or an average increment,
any such average shall, for the purpose of calculating the benefit for which the
institution of such country is liable, be determined with reference solely to
insurance periods spent under the laws or regulations of such country.
5. (i) If the insured person fulfils the conditions required for entitlement
to benefit under the laws and regulations of two or more contracting countries,
and if the benefit which he can claim under the laws and regulations of one of
these countries is greater than the total of the benefits which would result from
the application of the previous paragraphs of this Article, he shall be entitled to
receive a complementary benefit equal to the difference from the institution of
that one country.
N- 2186