8. pants

Stāšanās

spēkā

Šis Līgums stājas spēkā nākamā mēneša pirmajā dienā, kas seko

mēnesim, kad Līgumslēdzējas puses ir apmainījušās ar rakstiskiem

paziņojumiem pa diplomātiskajiem kanāliem, apstiprinot, ka tās ir

izpildījušas attiecīgās tiesiskās prasības, lai šis Līgums stātos

spēkā. Par rakstisko paziņojumu apmaiņas dienu uzskata pēdējā

paziņojuma saņemšanas dienu.

Sastādīts Viļņā, 2012.gada 16.maijā divos eksemplāros

latviešu, lietuviešu un angļu valodā, kur visi teksti ir vienlīdz

autentiski. Atšķirīgas interpretācijas gadījumā, noteicošais ir

teksts angļu valodā.

Latvijas Republikas valdības

vārdā

Ilze Viņķele

Lietuvas Republikas

valdības vārdā

Donatas Jankauskas

AGREEMENT

between the Government of the Republic of Latvia and the

Government of the Republic of Lithuania

on Taking Account of Insurance Periods of the Former USSR

The Government of the Republic of Latvia and the Government of

the Republic of Lithuania, hereinafter referred to as "the

Contracting Parties",

- whereas the obligation to take into account periods

qualifying for a pension completed in the territory under the

jurisdiction of the former Union of Soviet Socialist Republics

(hereinafter referred to as "the former USSR") has been

established by the legislation of the Republic of Latvia and the

Republic of Lithuania on pension insurance;

- whereas since the accession to the European Union on 1 May

2004 Council Regulation (EEC) No 1408/71 of 14 June 1971 on the

application of social security schemes to employed persons, to

self-employed persons and to members of their families moving

within the Community applies in the Republic of Latvia and the

Republic of Lithuania;

- whereas since the accession to the European Union on 1 May

2004 Council Regulation (EEC) No 574/72 of 21 March 1972 laying

down the procedure for implementing Regulation (EEC) No 1408/71

on the application of social security schemes to employed

persons, to self-employed persons and to members of their

families moving within the Community applies in the Republic of

Latvia and the Republic of Lithuania;

- whereas since the accession to the European Union on 1 May

2004 Council Regulation (EC) No 859/2003 of 14 May 2003 extending

the provisions of Regulation (EEC) No 1408/71 and Regulation

(EEC) No 574/72 to nationals of third countries who are not

already covered by those provisions solely on the ground of their

nationality applies in the Republic of Latvia and the Republic of

Lithuania;

- having regard to Regulation (EC) No 883/2004 of the European

Parliament and of the Council of 29 April 2004 on the

coordination of social security systems;

- in order to avoid the overlapping of pensions in cases when

the same insurance period is taken into account under the

legislation of the Republic of Latvia and the Republic of

Lithuania by the award of pension,

have agreed as follows:

Article 1

Definitions

1. For the purposes of this Agreement:

1) "insurance period of the former USSR" - period

qualifying for a pension completed before 1 January 1991 in the

territories under the jurisdiction of the former USSR, which is

concurrently foreseen to be taken into account under the

legislation of the Republic of Latvia and the Republic of

Lithuania; insurance period of the former USSR does not include

period of insurance completed in the territory of the Republic of

Latvia or the Republic of Lithuania;

2) "periods treated as insurance periods of the former

USSR" - completed before 1 January 1991 and taken into

account under the legislation of the Republic of Latvia and the

Republic of Lithuania work periods at the branch of the company

of the Contracting Party, which had the place of activity in the

territory of other Contracting Party, periods of compulsory

military service and actual periods of military service at the

army of the former USSR and the work periods at the military unit

of the former USSR irrespective where the former USSR compulsory

military service was performed or such military unit was

situated;

3) "overall insurance period" - period of insurance

completed in the territory of the Republic of Latvia or the

Republic of Lithuania;

4) "competent institution" - institution of the

Contracting Party awarding and paying state social insurance

pensions in accordance with the Regulations of the European Union

referred to in the Preamble of this Agreement.

2. Other terms used in this Agreement have the meaning

assigned to them under the legislation of the Republic of Latvia

and the Republic of Lithuania and the Regulations of the European

Union referred to in the Preamble.

Article 2

Persons covered

by the Agreement

This Agreement shall apply to persons who have acquired or

will acquire right to pension under the legislation of the

Republic of Latvia and the Republic of Lithuania and if

calculating their pension the Contracting Parties simultaneously

take into account the same insurance periods of the former USSR

as well as to the family members of such persons whose rights

derive from the aforementioned persons.

Article 3

Taking Account

of Insurance Periods of the Former USSR

1. Insurance periods of the former USSR shall be taken into

account by the competent institution of the Contracting Party

under whose legislation the overall insurance period in full

years is longer.

2. In case the overall insurance period under the legislation

of each Contracting Party is equal, insurance periods of the

former USSR shall be taken into account by the competent

institution of the Contracting Party under whose legislation the

person was last insured.

3. Periods treated as insurance periods of the former USSR

shall be taken into account by the competent institution of the

Contracting Party where the person lives when applying for

pension. In the case when applying for pension the person lives

in neither of the Contracting Parties the insurance periods

mentioned in this paragraph shall be taken into account according

to the provisions of paragraphs 1, 2 of this Article.

4. Pension for insurance periods of the former USSR and

periods treated as insurance periods of the former USSR shall be

awarded in accordance with the legislation of the respective

Contracting Party.

5. If insurance periods of the former USSR or periods treated

as insurance periods of the former USSR have already been taken

into account, the competent institution taking into account

insurance periods of the former USSR or periods treated as

insurance periods of the former USSR shall remain unchanged, when

later a new type of pension is awarded to a person, when the

pension is awarded anew or recalculated, when a person proves the

existence of supplementary insurance periods and when a person

who has been awarded a pension moves from one state or

another.

6. Pensions awarded before the date of entry into force of

this Agreement shall not be revised according to this

Agreement.

Article 4

Exchange of

Information and Mutual Assistance

1. Competent institutions of the Contracting Parties shall

provide mutual assistance to each other and share information

necessary for the application of this Agreement.

2. Competent institutions of the Contracting Parties may

establish, by means of a written agreement, the measures

necessary for the implementation of this Agreement.

Article 5

Settlement of

Disagreements

Questions and any disagreements arising as to the

interpretation or application of the provisions of this Agreement

shall be resolved by mutual consent or negotiations.

Article 6

Termination of

the Agreement between the Government of the Republic of Latvia

and the Government of the Republic of Lithuania on the

Cooperation in the Field of Social Security

1. After the entry into force of this Agreement the Agreement

between the Government of the Republic of Latvia and the

Government of the Republic of Lithuania on the Cooperation in the

Field of Social Security, done on 17 December 1993, shall cease

to be in force.

2. Any right acquired by a person in accordance with the

provisions of the Agreement between the Government of the

Republic of Latvia and the Government of the Republic of

Lithuania on Cooperation in the Field of Social Security, done on

17 December 1993, shall be maintained.

Article 7

Duration,

Amendments and Termination of the Agreement

1. This Agreement shall remain in force without any limitation

on its duration. The Contracting Party may terminate the

Agreement by giving written notice of termination through

diplomatic channels six months beforehand.

2. This Agreement may be amended and supplement by mutual

agreement of the Contracting Parties.

3. If the Agreement is terminated, any right acquired by a

person in accordance with the provisions of this Agreement shall

be maintained.

Article 8

Entry into

Force

This Agreement shall enter into force on the first day of the

second month following month in which the Contracting Parties

shall have exchanged written notices through diplomatic channels

confirming that their respective legal requirements for the entry

into force of this Agreement have been completed. The date of the

exchange of the written notices shall be the date of the delivery

of the last notice.

Done in Vilnius on 16 May 2012 in duplicate in the Latvian,

Lithuanian and English languages, each text being equally

authentic. In case of divergence of interpretations, the English

text shall prevail.

For the Government of the

Republic of Latvia

Ilze Viņķele

For the Government of the

Republic of Lithuania

Donatas Jankauskas