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 that is not expected to exceed five (5) years, 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. Click to read annotation For purposes of applying paragraph 2 of this Article 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 Republic of Slovenia, 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 Paragraphs 2 and 3 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 (5) 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 respect to that work, be subje...
Click to read annotation. The agencies of the Contracting States shall pay benefits under the Agreement directly to the beneficiary or his or her designee. Click to read annotation CHAPTER IV
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.
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
Click to read annotation. [Paragraph 1 deleted effective March 1, 1988.] In applying the Agreement, the United States Agency shall take account of German periods of coverage occurring before 1937 in accordance with United States laws. Click to read annotation
Click to read annotation. Definitions
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. Unless otherwise provided in this Agreement, the persons designated in Article 3 (a), (b), (c) or (d) who reside in the territory of either Contracting State shall, in the application of the laws of a Contracting State, receive equal treatment with the nationals of that Contracting State. Click to read annotation Nationals of a Contracting State who reside outside the territories of both Contracting States shall receive benefits provided by the laws of the other Contracting State under the same conditions which the other Contracting State applies to its own nationals who reside outside the territories of both Contracting States. Click to read annotation Unless otherwise provided in this Agreement, the laws of a Contracting State under which entitlement to or payment of cash benefits is dependent on residence or presence in the territory of that Contracting State shall not be applicable to the persons designated in Article 3 who reside in the territory of the other Contracting State. Click to read annotation This Article shall be applied by the United States in a manner consistent with Section 233(c)(4) of the United States Social Security Act. Click to read annotation PART III Provisions on Coverage Click to read annotation
