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2000-01-01 | BWBV0002871 | Verdrag inzake sociale zekerheid tussen het Koninkrijk der Nederlanden en de Staat Israël

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Coornhert 2000-01-01 12:00:00 +00:00
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verdrag/verdrag-inzake-sociale-zekerheid-tussen-het-koninkrijk-der-nederlanden-en-de-sta/BWBV0002871/README.md
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@ -30,14 +30,10 @@ For the purpose of the present Convention,
8) "liaison body" means an institution for liaison and information between the insurance institutions of the two Contracting Parties with a view to simplifying the implementation of this Convention and for informations of the persons affected concerning their rights and obligations under the Convention;
9) "member of the family" means a member of the family according to the legislation of the Contracting Party in whose territory the competent insurance institution is based, at whose expense the benefits are granted;
10) "periods of insurance" means periods of contribution, employment, occupational activity or residence defined or recognized as periods of insurance by the legislation under which they were completed, and any other periods, in so far as they are regarded by this legislation as equivalent to periods of insurance;
11) "benefit’’ or ‘‘pension" means a cash benefit or pension under the applicable legislation, including all the constituent parts thereof as well as all increases and additional payments by virtue of this legislation.
11) "benefit" or "pension" means a cash benefit or pension under the applicable legislation, including all the constituent parts thereof as well as all increases and additional payments.
**2.** Other terms used in this Convention have the meaning given to them under the legislation which is being applied.
### Artikel 1a
Unless otherwise provided in this Convention it shall apply to persons who are or who have been subject to the legislation of either of the Contracting Parties, and to other persons with respect to the rights they derive from the aforementioned persons.
### Artikel 2
**1.**
@ -46,13 +42,13 @@ This Convention shall apply
A. in relation to the Netherlands, to all legislation concerning the following branches:
a) sickness cash benefits insurance, including the scheme concerning the liability of an employer;
a) sickness insurance;
b) invalidity insurance;
c) old age insurance;
d) survivors insurance;
d) widows' and orphans' insurance;
e) unemployment insurance;
f) children's allowances;
B. in relation to Israel, to the National Insurance Law (Consolidated Version) 5755-1995 as far as it applies to the following branches:
B. in relation to Israel, to the National Insurance Law (Consolidated Version) 5728-1968 as far as it applies to the following branches:
a) old age and survivor's insurance;
b) invalidity insurance;
@ -80,14 +76,10 @@ d) other persons with regard to rights which they derive from a national of a Co
### Artikel 4
**1.** Except where otherwise provided in this Convention, pensions and other benefits, apart from benefits in respect of unemployment, children’s allowances and supplementary benefits under the Supplementary Benefits Act of 6 November 1986, may not be reduced, modified, suspended or withdrawn on account of the beneficiary residing in the territory of the other Contracting Party.
**1.** Except where otherwise provided in this Convention, pensions and other benefits, apart from benefits in respect of unemployment, may not be reduced, modified, suspended or withdrawn on account of the recipient residing in the territory of the other Contracting Party.
**2.** Except where otherwise provided in this Convention, pensions and other benefits payable under the legislation of one of the Contracting Parties shall be paid to nationals of the other Contracting Party, who reside in a third state, under the same conditions and to the same extent as to nationals of the first Contracting Party residing in this third state.
### Artikel 4a
In so far as Dutch legislation so requires and notwithstanding Article 4, the country of residence principle shall be applied. This means that the amount of a benefit is adjusted to the cost of living in the country of residence of the beneficiary.
### Artikel 5
Provisions in the legislation of a Contracting Party for the reduction, suspension or suppression of pensions and other benefits from one branch of social security where there is overlapping with pensions and other benefits from another branch or with other income, or because of an occupational activity, shall apply also to a beneficiary in respect of pensions and other benefits acquired under the legislation of the other Contracting Party or in respect of income obtained, or occupation exercised, in the territory of the other Contracting Party.
@ -96,47 +88,29 @@ Provisions in the legislation of a Contracting Party for the reduction, suspensi
### Artikel 6
Persons to whom the provisions of this Part of the Convention apply shall be subject to the legislation of one Contracting Party only. That legislation shall be determined in accordance with the provision of Articles 6a to 6d.
### Artikel 6a
**1.** A person employed in the territory of one Contracting Party shall be subject to the legislation of that Contracting Party.
**2.** A self-employed person who ordinarily resides in the territory of a Contracting Party and who works for his or her own account in the territory of the other Contracting Party shall, in respect of that work, be subject to the legislation of the first Party if the duration of that work does not exceed twenty-four months.
**3.** A self-employed person who ordinarily resides in the territory of a Contracting Party and who works for his or her own account in the territories of both Contracting Parties shall, in respect of that work, be subject to the legislation of the first Party.
### Artikel 6b
If a person employed in the territory of a Contracting Party is posted by his employer to the territory of the other Contracting Party to perform work on behalf of the same employer, he shall continue to be subject to the legislation of the first Party during a period of twenty-four months after his posting as though he were still employed in the territory of that Party.
### Artikel 6c
**1.** Travelling personnel employed by an undertaking which, for hire or reward or on its own account, operates transport services and working in the territory of both Contracting Parties shall be subject to the legislation of the Contracting Party in whose territory the undertaking has its head office as if they were working in that territory.
**2.** Persons who are employed on board a seagoing ship or vessel or an aircraft by an undertaking having its head office in the territory of a Contracting Party, shall be subject to the legislation of that Party as if they were working in that territory.
### Artikel 6d
**1.** The present Convention does not affect the provisions of the Vienna Convention of 18th April 1961 on Diplomatic Relations or the general rules of customary international law regarding consular privileges and immunities with respect to the legislation specified in paragraph 1 of Article 2.
**2.** The provisions of Article 6b shall apply without limitation in time to government and other public employees, except to the persons to which the provisions and rules referred to in paragraph 1 of this Article apply, when they are posted to the territory of the other Contracting Party.
Except where otherwise provided in Articles 7, 8 and 9 the persons covered by this Convention shall be subject to the legislation of the Contracting Party in whose territory they reside or, as regards insurance branches specified in paragraph 1 of Article 2 which do not depend on residence, to the legislation of the Contracting Party in whose territory they are employed.
### Artikel 7
**1.** An employee or self-employed person who is subject to the legislation of a Contracting Party under the provision of paragraph 2 of Article 6a, Article 6b and paragraph 2 of Article 6d shall, as well as the members of his family accompanying him, for such purposes be considered as persons who are subject to the legislation of that Contracting Party.
**1.** If a person employed in the territory of a Contracting Party is posted by his employer to the territory of the other Contracting Party to perform work on behalf of the same employer, he shall continue to be subject to the legislation of the former Party during a period of twenty-four months after his posting as though he were still employed in the territory of that Party.
**2.** If a member of the family, mentioned in paragraph 1 of this Article, is gainfully occupied in the territory of the Contracting Party to which the person is posted, or receiving a pension or a cash benefit under the legislation of this Contracting Party, this person shall be subject to the legislation of this Contracting Party.
**2.** Travelling personnel employed by an undertaking which, for hire or reward or on its own account, operates transport services and working in the territory of both Contracting Parties shall be subject to the legislation of the Contracting Party in whose territory the undertaking has its head office as if they were working in that territory.
**3.** Persons who are employed on board a seagoing ship or vessel or an aircraft by an undertaking having its head office in the territory of a Contracting Party, shall be subject to the legislation of that Party as if they were working in that territory.
**4.** An employee who is to be subject to the legislation of a Contracting Party under the provisions of this Article shall as well as the members of his family accompanying him, for such purposes be considered to reside in the territory of that Contracting Party.
### Artikel 8
For the purpose of Netherlands’ legislation a person who is subject to Netherlands’ legislation in accordance with this part of the Convention shall be considered to be resident in the territory of the Netherlands.
**1.** The present Convention does not affect the provisions of the Vienna Convention of 18th April 1961 on Diplomatic Relations or the general rules of customary international law regarding consular privileges and immunities with respect to the legislation specified in paragraph 1 of Article 2.
**2.** The provisions of paragraph 1 of Article 7 shall apply without limitation in time to government and other public employees, except to the persons to which the provisions and rules referred to in paragraph 1 of this Article apply, when they are posted to the territory of the other Contracting Party.
### Artikel 9
**1.** The competent authorities of the two Contracting Parties may by agreement provide for exceptions to the provisions of Articles 6a to 6d in the interest of the persons affected thereby.
**1.** The competent authorities of the two Contracting Parties may by agreement provide for exceptions to the provisions of Articles 6, 7 and 8 in the interest of the persons or categories of persons affected thereby.
**2.** The provisions of Article 7 shall apply, mutatis mutandis, to cases referred to in this Article.
**2.** The provisions of paragraph 4 of Article 7 shall apply, mutatis mutandis, to cases referred to in this Article.
## Deel III. SPECIAL PROVISIONS CONCERNING THE VARIOUS CATEGORIES OF BENEFITS