Where the total periods of insurance completed under the legislation of a Contracting Party is less than one year provided that no eligibility to benefits is established only on the basis of this period, the competent institution of this Contracting Party shall not grant any benefit for a period shorter than one year. For purposes of entitlement to and calculation of the amount of benefits, these periods of insurance shall be taken into account by the other Contracting Party as if they had been completed pursuant to its legislation.
(1) Where entitlement to an invalidity benefit can be established with periods of coverage completed exclusively under the legislation of either Contracting Party, the benefit shall be calculated as follows:
a) The competent institution shall calculate the amount of the benefit payable under its applicable legislation. In case the legislation of one or both of the Contracting Parties requires the benefits acquired in the other Contracting Party to be taken into account for the determination of the amount of the invalidity benefits, the competent institution of that Contracting Party shall subtract the amount paid in the other Contracting Party from the invalidity benefit calculated; and
b) The competent institution shall calculate the theoretical amount of benefit by taking into account the periods completed under the legislation of both Contracting Parties. The benefit payable shall be calculated by multiplying the theoretical amount by the ratio of coverage completed under its legislation to the periods of coverage completed under the legislation of both Contracting Parties.
(2) The competent institution shall pay the higher of the amounts calculated under subparagraphs (a) and (b) of paragraph (1) of this Article.
(3) Where entitlement to a benefit can be established exclusively by taking into account periods of coverage completed under the legislation of both Contracting Parties, the competent institution shall calculate the theoretical amount of the benefit by taking into account the periods completed under the legislation of both Contracting Parties. The benefit payable shall be calculated by multiplying the theoretical amount by the ratio of coverage completed under its legislation to the periods of coverage completed under the legislation of both Contracting Parties.
(4) Any benefit awarded under subparagraph b) of paragraph (1) and paragraph (3) of this Article cannot be decreased by the amount of any benefit awarded by the competent institution of the other Contracting Party.
(5) Where the total periods of coverage completed under the legislation of either Contracting Party are less than one year that Contracting Party shall not award an invalidity benefit under the scope of this Agreement.
(6) Rehabilitation benefits shall be provided solely under the legislation of the Contracting Party where the beneficiary resides.
(1) The competent authorities of the Contracting Parties shall agree on the administrative measures necessary for the implementation of this Agreement. The competent authorities shall communicate to each other all information about changes and supplements to their respective legislation.
(2) The liaison bodies of the Contracting Parties entitled to implement this Agreement shall be designated in the Administrative Arrangement implementing this Agreement.
(3) Without prejudice to the provisions of paragraph (1) of this Article, the liaison bodies and the competent institutions shall be entitled, with the involvement of the competent authorities, to agree on measures that are necessary and appropriate for the implementation of this Agreement, including the procedures related to the recovery of undue payments.
(1) The liaison bodies of the Contracting Parties shall mutually agree on the forms and detailed procedures necessary for the implementation of this Agreement.
(2) The competent institutions and liaison bodies of the Contracting Parties shall communicate using the forms necessary for the implementation of this Agreement.
(1) The Contracting Parties shall pay cash benefits directly to beneficiaries, in accordance with their respective national legislation.
(2) The competent institutions of the Contracting Parties shall pay the cash benefits under this Agreement without any deduction for their administrative costs.
The liaison bodies of the Contracting Parties shall exchange annual statistics on the payments granted to beneficiaries pursuant to the Agreement until 31 March of the following year. These statistics shall include the number of beneficiaries and total amount of the benefits, identified by the benefit type paid under the Agreement. These statistics shall be furnished in a form to be agreed upon by the liaison bodies.
(1) For the implementation of this Agreement, the competent authorities as well as the competent institutions of both Contracting Parties shall assist each other with regard to the determination of entitlement to or the payment of any benefit under this Agreement as they would for the application of their own legislation. This assistance shall be free of charge.
(2) Where the legislation of one Contracting Party provides that any document which is submitted to the competent authority or competent institution of that Contracting Party shall be exempted, wholly or partly, from fees or charges, including consular and administrative fees, the exemption shall also apply to corresponding documents which are submitted to the competent authority or competent institution of the other Contracting Party in the application of this Agreement.
(3) Documents which are used for the implementation of this Agreement shall be exempted from authentication by diplomatic missions or consular posts. Copies of documents which are certified as true and exact copies by the competent authority or competent institution of one Contracting Party shall be accepted as true and exact copies by the competent authority or competent institution of the other Contracting Party, without further certification.
(4) For the implementation of this Agreement, the competent authorities and competent institutions of the Contracting Parties shall communicate directly with each other, as well as with all beneficiaries and/or insured persons, regardless of the residence of such persons.
(1) The request for the medical information and documentation, also their transmittal, will be made through the liaison bodies of the Contracting Parties.
(2) If an institution of a Contracting Party requires that a claimant or a beneficiary who resides in the territory of other Contracting Party undergo a medical examination, the institution of the latter Contracting Party, at the request of the institution of the first Contracting Party, shall make arrangements for carrying out this examination in accordance with its own legislation. If a medical examination is exclusively for the purpose of the institution which requests it, that institution shall reimburse the institution of the other Contracting Party for the costs of the examination. However, if the medical examination is for the purpose of both institutions, there shall be no reimbursement of costs.
(1) In the event that a person is receiving benefits under the legislation of either Contracting Party on account of a damage occurred in the territory of the other Contracting Party, and if the right to compensation exists against the third parties under the legislation of that Contracting Party, the right to compensation is then transferred under the legislation of the first Contracting Party to its institution.
(2) If the right to compensation for the same damage is related to the same kind of benefits and this right arises for both institutions of Contracting Parties in accordance with the provision of paragraph (1) of this Article, the third party may pay for the compensation to the institution of either one or the other Contracting Party. The institutions shall share the compensation received according to the ratio of the benefits they have paid.
(1) Any claim, declaration or appeal which is submitted, in pursuance of this Agreement or the legislation of either Contracting Party to a competent authority, competent institution or other competent body of a Contracting Party shall be deemed to be submitted to the competent authority, competent institution or other competent body of the other Contracting Party.
(2) A claim for benefit submitted under the legislation of either Contracting Party in pursuance of this Agreement shall be deemed to be submitted under the legislation of the other Contracting Party.
(3) The competent authority or competent institution of a Contracting Party, to which claim, declaration or appeal was submitted, shall forward it without delay to the competent authority or competent institution of the other Contracting Party indicating the date of receipt of the document.
(4) A claim for a benefit to be provided pursuant to the legislation of one Contracting Party shall be treated as a claim for a corresponding benefit to be provided under the legislation of the other Contracting Party. This provision shall not be applied if the claimant explicitly requests that the determination of eligibility to a cash benefit acquired according to the legislation of that other Contracting Party be postponed.
(1) Where the institution of one Contracting Party receives a claim of a person, who has completed insurance periods under the legislation of the other or both Contracting Parties, this institution shall send the claim, to the competent institution of the other Contracting Party, indicating the date on which the claim has been received. Along with the claim, it shall also transmit to the competent institution of the other Contracting Party:
a) any available documentation that may be necessary for the institution of the other Contracting Party to establish the claimant’s eligibility for the benefit,
b) a form which will indicate, in particular, the insurance periods completed under the legislation of the first Contracting Party, and
c) eventually, a copy of its own decision on benefit if it has been taken on.
(2) The competent institution of the other Contracting Party subsequently determines on the claimant’s eligibility and notifies to the institution of the first Contracting Party about its decision. Along with its decision, it shall also transmit, if necessary or upon request, to the competent institution of the first Contracting Party:
a) any available documentation that may be necessary for the competent institution of the first Contracting Party to establish the claimant’s eligibility for the benefit,
b) a form which will indicate, in particular, the insurance periods completed under the legislation which it applies.
(3) The institution of the Contracting Party with which a claim for benefit has been submitted shall verify the information pertaining to the claimant and his/her family members. The type of information to be verified shall be agreed upon by the liaison bodies of the two Contracting Parties.
The enforceable documents of the competent authorities or competent institutions of either Contracting Party concerning social security contributions or other requisition falling under the scope of this Agreement shall be recognised by the competent authorities and competent institutions of the other Contracting Party.
(1) For the implementation of this Agreement, the competent authorities and institutions of the Contracting Parties may communicate in their official language directly with each other, also with the persons concerned and their representatives. Competent authorities and institutions may also use English for communicating with each other.
(2) A claim or document may not be rejected by the competent authority and institution of a Contracting Party solely because it is in the official language of the other Contracting Party.
(3) Decisions and other official documents of the institutions of the Contracting Parties can be directly mailed using acknowledgement of receipt to persons staying in the territory of the other Contracting Party.
(1) Where on the basis of this Agreement and in accordance with the legislation applicable in both Contracting Parties, personal data including health data necessary for the implementation of the Agreement are to be transferred, in keeping with the applicable legislation in effect in the territories of the Contracting Parties, the following provisions shall be applied:
a) For the purpose of implementing this Agreement and the legislation covered by the scope of this Agreement, data may be disclosed by the institutions of one Contracting Party to the institutions of the other Contracting Party. The receiving Contracting Party may process and use this data for such purposes. In all other cases, data may be disclosed to other institutions exclusively with the prior consent of the transmitting institutions and in accordance with the national legislation applicable to such institution;
b) The institution receiving such data shall, upon request and in individual cases, inform the institution providing data of the purpose for which it has used the data disclosed and the results of such use;
c) The institution providing data must ensure that the data to be disclosed is accurate, and is necessary from the point of view of the purpose of data disclosure. At the same time, all valid data provision prohibitions must be taken into consideration, pursuant to the national legislation of that Contracting Party. If it becomes evident that the data disclosed are incorrect, or may not have been disclosed under the legislation of the Contracting Party providing the data, the receiving institution shall be notified without delay, and it shall correct or delete such data, as appropriate;
d) The person concerned, upon his/her request, shall be given information on the data about him/her, on the source of the data and the purpose of using such data, on the legal basis for and the duration of the use of the data, on who has received or shall receive such data, and on the name and address of the data processor and its activities related to the data control. In other respects, the rights of the person concerned with regard to being informed of the data held about him/her shall be subject to the national legislation of the Contracting Party whose institution was requested to provide information;
e) Personal data received shall be deleted without delay when it becomes unnecessary for the purpose of the disclosure;
f) The transmission and receipt of personal data shall be recorded both by the transmitting and by the receiving institutions;
g) Both the transmitting and the receiving institutions shall ensure, in accordance with their respective national legislation, the effective protection of personal data against breaches, including but not limited to, unauthorized access, illegal alterations and unauthorized disclosure;
h) On request of the person concerned, the institutions of both the receiving and the transmitting Contracting Parties shall correct the incorrect data handled by them or either delete, either deny access to data handled illegally. The institution of the other Contracting Party shall be immediately informed of such correction, deletion, or denial of access;
i) In the event of breach of rights related to data protection, the concerned persons shall be entitled to legal remedy, including the referral of his/her case to a court or to other authorities, in accordance with the respective national legislation of the Contracting Parties.
(2) The provisions set out in paragraph (1) of this Article shall also be applied, as appropriate, to both corporate and trade secrets.
(3) The Contracting Parties shall ensure independent supervision of data processing.
(1) Payment of any benefit in accordance with this Agreement shall be made in the currency of the Contracting Party making the payment.
(2) If, under this Agreement, the competent institution of either Contracting Party is liable to pay sums by way of a reimbursement for benefit provided by the competent institution of the other Contracting Party, its liability shall be expressed in the currency of the second Contracting Party. The competent institution of the first Contracting Party shall discharge its liability by paying with its own currency.
(1) Where the institution of either Contracting Party has paid to a beneficiary a sum in excess of his/her entitlement, that institution may, on the conditions and to the extent permissible under the legislation it applies, request the institution of the other Contracting Party responsible for payment of benefits to the beneficiary to deduct the amount overpaid from the payments it will make to him/her.
(2) The institution of the other Contracting Party shall deduct that amount, on the conditions and to the extent permissible under the legislation it applies, as if the overpayment had been made by it, and shall transfer the amount so deducted to the institution of the first Contracting Party.
(3) The requested amount shall be expressed in the currency of the first Contracting Party. The Competent Institution of the other Contracting Party shall fulfil its obligation by transferring the amount in its own currency.
Disputes which arise in interpreting or applying this Agreement shall be resolved by the competent authorities.
(1) This Agreement shall not create any entitlement to benefits for any period prior to its entry into force.
(2) Any period of insurance completed or any legally relevant circumstance occurred before the date of entry into force of this Agreement under the legislation of either Contracting Party shall be taken into consideration in applying this Agreement.
(3) Decisions taken in single cases before the entry into force of this Agreement shall not affect the applicability of this Agreement.
(4) If, based on this Agreement, a claim, within the 24 month period after the entry into force of this Agreement, is submitted for entitlement to benefit for which entitlement can only be granted by taking into consideration this Agreement, the payment of such benefit shall begin with the calendar month at the beginning of which the criteria for entitlement to that benefit have been fulfilled, but no earlier than the entry into force of this Agreement. This shall apply to cases only where the claim for a benefit has been rejected due to lack of sufficient periods of insurance.
(5) If those mentioned under the paragraph (3) of Article 11 of this Agreement are employed prior to the entry into force of the Agreement, they may use their right of choice within 3 months from the effective date of the Agreement.
This Agreement shall not affect the obligations resulting to Hungary from its membership of the European Union. Accordingly, the provisions of this agreement shall not be invoked or interpreted either wholly or partly as provisions superseding, modifying or, in any other way, influencing the obligations resulting to Hungary from the Treaties establishing the European Union.
This Agreement, within the scope of its application, shall be without prejudice to the rights and obligations of the insured persons, including those who are, or have been legally residing and working on the territory of one of the Contracting Parties, arising from the Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963, its Additional Protocol, signed at Brussels, 23 November 1970, and the Association Council Decisions to the extent they are applicable.
(1) This Agreement is subject to ratification.
(2) The Contracting Parties shall notify each other through diplomatic channels of the fact that their respective legal requirements for the entry into force have been completed.
(3) This Agreement shall enter into force on the first day of the third month following the month in which the last written notification referred to in paragraph (2) of this Article has been received.
This Agreement may be amended by mutual consent of the Contracting Parties at any time. The amendments shall enter into force in accordance with the legal procedure described under Article 47.
(1) This Agreement is concluded for an indefinite period of time.
(2) This agreement may be terminated by either Contracting Party through diplomatic channels by the end of any calendar year giving a three months prior notice in writing to the other Contracting Party.
If this Agreement is terminated, its provisions shall apply to rights to entitlement to or payment of benefits acquired until the date of expiry of the Agreement. Claims submitted and/or benefits awarded before the date of expiry of this Agreement shall be dealt with and/or paid in accordance with the provisions of this Agreement regardless to the place of stay of the person concerned.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.
Done and signed in two originals at Budapest on 24 February 2015 in Hungarian, Turkish and English languages, all three texts being equally authoritative.
In case of discrepancy in the interpretation, the English text shall prevail.
(signatures)”
4. § (1) Ez a törvény - a (2) bekezdésben meghatározott kivétellel - a kihirdetését követő napon lép hatályba.
(2) A 2. § és a 3. § az Egyezmény 47. cikk (3) bekezdésében meghatározott időpontban lép hatályba.
(3) Az Egyezmény, illetve a 2. § és a 3. § hatálybalépésének naptári napját a külpolitikáért felelős miniszter annak ismertté válását követően a Magyar Közlönyben haladéktalanul közzétett közleményével állapítja meg.
(4) E törvény végrehajtásához szükséges intézkedésekről az egészségügyért felelős miniszter gondoskodik.
