Click to read annotation. Where a person who is normally employed in the territory of one Contracting State by an employer in that territory is sent by that employer to the territory of the other Contracting State for a temporary period, the person shall be subject to the laws of only the first Contracting State as if the person were employed in the territory of the first Contracting State, provided that the period of employment in the territory of the other Contracting State is not expected to exceed five years. For purposes of applying this paragraph in the case of an employee who is sent from the territory of the United States by an employer in that territory to the territory of the Slovak Republic, that employer and an affiliated company of the employer (as defined under the laws of the United States) shall be considered one and the same, provided that the employment would have been covered under United States laws absent this Agreement. Click to read annotation Paragraph 2 of this Article shall apply where a person who has been sent by his or her employer from the territory of a Contracting State to the territory of a third State, and who is compulsorily covered under the laws of that Contracting State while employed in the territory of the third State, is subsequently sent by that employer from the territory of the third State to the territory of the other Contracting State. Click to read annotation A person who is normally self‑employed in the territory of one Contracting State, and who temporarily transfers his or her self‑employment activity to the territory of the other Contracting State shall be subject to the laws of only the first Contracting State, provided that the period of self‑employment activity in the territory of the other Contracting State is not expected to exceed five years. Click to read annotation A person who is employed as an officer or member of a crew on a vessel which flies the flag of one Contracting State and who would be covered under the laws of both Contracting States shall be subject to the laws of only the Contracting State whose flag the vessel flies. For purposes of the preceding sentence, a vessel which flies the flag of the United States is one defined as an American vessel under the laws of the United States. Click to read annotation Traveling employees of air transportation companies who perform work in the territories of both Contracting States and who would otherwise be covered under the laws of both Contracting States shall, with respe...
Click to read annotation. The competent authorities of the two Contracting States shall make all joint administrative arrangements necessary for the application of this Agreement. Click to read annotation The competent authorities of the two Contracting States shall communicate to each other, as soon as possible, information concerning the measures taken for the application of this Agreement and concerning all changes in their respective laws which may affect its application. Click to read annotation Article 17 Liaison agencies for the implementation of this Agreement shall be: for Austria, the Main Association of Austrian Social Insurance Agencies ("Hauptverband der oesterreichischen Sozialversicherungstraeger") for the United States, the Social Security Administration. Click to read annotation Article 18 The competent authorities, liaison agencies and agencies of the Contracting States, within the scope of their respective authority, shall assist each other in applying this Agreement. This assistance shall be free of charge, subject to exceptions to be agreed upon in an administrative arrangement. Click to read annotation Where administration of this Agreement requires an agency of a Contracting State to seek a medical examination of a person in the territory of the other Contracting State, such examination shall, upon request of the competent agency of the first Contracting State and at its expense, be arranged by the agency of the other Contracting State in accordance with its rules. Click to read annotation The statutes of a Contracting State concerning confidentiality shall apply to any information about an individual which is transmitted in accordance with this Agreement to that Contracting State by the other Contracting State. Click to read annotation
Click to read annotation. Click to read annotation The liaison agencies of the two Contracting States shall exchange statistics on the number of certificates issued under Article 3 of this Administrative Arrangement and on the payments made to beneficiaries under the Agreement. These statistics shall be furnished annually in a form to be agreed upon by the Competent Authorities or the liaison agencies.
Click to read annotation. Notwithstanding the provisions of paragraph 1(b), this Agreement shall apply to women who are receiving wife pension at the date this Agreement comes into force and who are the wives of: persons receiving age pension; or persons receiving disability support pension for the severely disabled. Click to read annotation Unless otherwise provided in this Agreement, the laws referred to in paragraph 1 shall not include treaties or other international agreements on social security that may be concluded between one of the Parties and a third State, or laws or regulations promulgated for their specific implementation. Click to read annotation This Agreement shall also apply to future laws which amend or supplement the laws specified in paragraph 1 of this Article. Click to read annotation
Click to read annotation. The provisions of Part III shall apply to benefits under United States laws only if an application is filed on or after the date this Agreement enters into force. Click to read annotation
Click to read annotation. Definitions
1. For the purposes of this Agreement:
Click to read annotation. Unless otherwise specified in the present Agreement, the persons designated in Article 3(a), (b), (c) and (d) who ordinarily reside in the territory of either Contracting State shall in the application of the laws of one Contracting State receive equal treatment with the nationals of that Contracting State Nationals of one Contracting State who ordinarily reside outside of the territories of both Contracting States shall be granted the cash benefits and benefits-in-kind provided by the laws of the other Contracting State under the same conditions which the other Contracting State applies to its own nationals who ordinarily reside outside of the territories of both Contracting States.
Click to read annotation. Unless otherwise provided in this Agreement, the laws of one Contracting State which require that entitlement to or payment of cash benefits be dependent on residence in the territory of that Contracting State, shall not be applicable to the persons designated in Article 3(a), (b), (c) and (d) who ordinarily reside in the territory of the other Contracting State.
Click to read annotation. Except as otherwise provided in this Article, persons who have employment within the territory of one of the Contracting States shall be subject to the laws on compulsory coverage of only that Contracting State even when the employer is located in the territory of the other Contracting State. Click to read annotation The employment of a person in the territory of one Contracting State to which he was sent from the territory of the other Contracting State by his employer in that territory shall continue to be subject to the laws on compulsory coverage of only the other Contracting State, as if he were still employed in the territory of the other Contracting State, even when the employer also has a place of business (Zweigniederlassung) in the territory of the Contracting State of employment, provided that the employment in the territory of the first Contracting State is not expected to exceed 5 years. Click to read annotation In the case of the employment of a person as an officer or member of a crew of a sea-going vessel which has been granted the right to fly the flag of the Federal Republic of Germany, a German aircraft, an American vessel, an American aircraft, a vessel which has been granted the right to fly the flag of the Federal Republic of Germany and is at the same time an American vessel under United States laws, or of an aircraft which is a German aircraft but which is treated as an American aircraft under United States laws, the following rules shall apply with regard to the laws on compulsory coverage: If the person is subject to the laws of only one of the Contracting States, he shall remain subject to those laws. If the person is a national of one of the Contracting States and subject to the laws of both Contracting States, he shall be subject only to the laws of the Contracting State of which he is a national.
(1) If the person is a national of both Contracting States or is a member of a group specified in Article 3(b), (c) or (e) and is subject to the laws of both Contracting States, he shall be subject only to the laws of the Contracting State in whose territory he ordinarily resides.
(2) If he does not ordinarily reside in the territory of either Contracting State, he and his employer may apply for an exemption from the laws on compulsory coverage of one of the Contracting States under the procedure provided in paragraph 5 of this Article. A person who is a national of one Contracting State employed on the vessel or aircraft of the other...
Click to read annotation. The Agency of the Contracting State to whose laws on compulsory coverage a person will remain subject in accordance with Article 6 of the Agreement shall issue to the person or his employer a certificate to that effect when requested to do so by the person or his employer. In the Federal Republic of Germany that certificate shall be issued by the sickness insurance agency to which pension insurance contributions are paid. In the United States of America the certificate shall be issued by the Social Security Administration. Click to read annotation In order to prove that a person is exempt from the laws on compulsory coverage of one Contracting State, it shall be necessary for the person or his employer to present the certificate referred to in paragraph 1 confirming that the person is subject to the laws on compulsory coverage of the other Contracting State. Click to read annotation Article 6, paragraph 2, of the Agreement shall apply to a person if he is transferred from the territory of one Contracting State to the territory of the other Contracting State within the context of a preexisting employment relationship. Click to read annotation
(a) If a person has been sent from the territory of a Contracting State to the territory of the other Contracting State for a specified period of work in accordance with Article 6, paragraph 2, of the Agreement, and the person subsequently begins a new period of work in the territory of the other Contracting State, Article 6, paragraph 2, of the Agreement shall not apply to the new period unless the new period of work begins at least 12 months after the end of the initial period of work or the new period of work is not expected to last beyond 5 years from the date on which the initial period of work began. Click to read annotation
(a) In making a determination concerning an exemption from the laws on compulsory coverage of one Contracting State pursuant to Article 6.3(c)(2) or Article 6.5 of the Agreement, the nature and circumstances of the employment shall be taken into consideration. Before making the determination, the Competent Authority (or the office designated by it) of the other Contracting State shall be given an opportunity to express an opinion; the opinion shall in particular address the issue of whether the person concerned and his employer will be made subject to the laws on compulsory coverage of the other Contracting State. Click to read annotation
(b) With regard to the Federal Republic of Germany, if...
