Treaty Series Recueil des Traites - United Nations Treaty Collection

116 United Nations - Treaty Series 1969
Contracting State shall be revised with effect from the date on which benefits
become payable under the insurance scheme of the other Contracting State.
The validity of earlier decisions shall not preclude such revision.
(3) The benefit shall be revised when under the legislation of the other
Contracting State a situation arises which affects any ratio determined
in accordance with article 27, paragraph (4). The benefit granted by the
insurance authority of one Contracting State shall be revised with effect
from the date on which the revised benefit becomes payable under the insurance
scheme of the other Contracting State. If the revision entails a reduction
in the total amount of benefit paid hitherto, the insurance authority
under whose legislation the benefit has been reduced shall increase the benefit
by the difference. The validity of earlier decisions shall not preclude such
revision.
(4) Paragraph (3), third sentence, above shall not apply if the reduction
results from the disqualification of insurance periods previously taken into
account. If in such a case the conditions for entitlement to benefits under
the legislation of one of the Contracting States are no longer met, the benefit
shall cease as from the date on which the benefit in the other Contracting
State is reduced or ceases.
Article 31
(1) Where a person is entitled to a pension (or annuity) under the legislation
of one of the Contracting States irrespective of article 26, paragraph (1),
and that pension (or annuity) would be greater than the aggregate of the
benefits calculated in accordance with article 27, paragraph (4), the insurance
authority of the said Contracting State shall pay, as a partial benefit, its
own benefit, thus calculated, plus the difference between the aggregate of
the benefits calculated in accordance with article 27, paragraph (4), and the
pension (or annuity) which would be the only benefit payable under the
legislation applicable to the said insurance authority.
(2) In the cases referred to in article 27, paragraph (8), the children's
supplement shall not be taken into account for the purpose of applying
paragraph (1) above.
(3) The partial benefit referred to in paragraph (1) above shall be revised
ex officio when the amount of the benefits on which the calculation of the
partial benefit is based changes, except as a result of minor adjustments, or
in the event of changes of more than 10 per cent in the rate of exchange.
No. 10090