Treaty Series Recueil des Traites - United Nations Treaty Collection

86 United Nations - Treaty Series 1969
Article 10
At the joint request of the employed persons and employers concerned,
or at the request of persons treated as employed persons within the meaning
of article 8, the competent public authority of the Contracting State whose
legislation should apply under articles 5 to 9 may grant exemption from the
effects of that legislation when the persons in question become subject to the
legislation of the other Contracting State. The nature and circumstances
of the employment shall be taken into account in that decision. The competent
public authority of the other Contracting State shall be given an opportunity
to express its views before the decision is taken. If the employed
person is not employed in the territory of the last-mentioned Contracting
State, he shall be deemed to be employed there.
Article 11
(1) The legislation of one of the Contracting States concerning the
limitation of an entitlement to benefits or the limitation of a benefit when
it coincides with other entitlements to benefits or other benefits or other
forms of income shall also be applicable in respect of similar circumstances
arising from the application of the legislation of the other Contracting State
or in the territory of that State. If the results of such application, where a
pension (or annuity) coincides with sickness benefits, would be that both
benefits would be suspended, reduced or cease to exist, each benefit shall
be paid, reduced by half the amount of the smaller benefit. The first sentence
above shall also apply mutatis mutandis to the legislation of one of the
Contracting States concerning the non-existence of a right to continued
insurance or of any entitlement to benefits as long as the person concerned
is employed or covered by compulsory insurance.
(2) Paragraph (1), first sentence, above shall not apply to the coincidence
of pensions (or annuities) of the same kind which are determined as described
in part II, chapter 3.
PART II
SPECIAL PROVISIONS
Chapter 1
SICKNESS INSURANCE
Article 12
(1) Voluntary insurance under the legislation of one of the Contracting
States shall not be precluded by residence in the territory of the other Contracting
State.
No. 10090