5134940408

5134940408



398 United NationsTreaty Senes 1960

“(6) Employed persons and persons treated as such of Netherlands or Belgian nationality shall be entitled to benefits under the Belgian merchant navy pensions system which are not based on contributory periods, provided that they prove that they have been covered by that system without interruption :

—For the twelve years im mediately preceding the pensionable age (sixty years),

where that age is attained before 1 January 1961,

—For the fifteen years immediately preceding the pensionable age, where that age

is attained after 31 December 1960 but before 1 January 1971,

—Since 1 January 1956, where the pensionable age is attained after 31 December

1970.

“(c) In the case of salaried employees, supplementary regulations may be laid down by agreement arrived at under article 16.

“(d) In the case of self-employed persons who attained retirement age before 1 January 1956, the basie pension shall be granted to persons of Netherlands nationality who prove that between their thirty-fifth and their sixty-fifth birthdays, in the case of a man, or between their thirty-fifth and their sixtieth birthdays, in the case of a woman, they worked in Belgium for thirty or tvventy-five years respectively. They shall also be entitled to the additional benefits provided for under Belgian law by reason of age or of voluntary insurance contributions paid.

“3. A. Persons of Belgian or Netherlands nationality who fail to prove either the six years of residence reąuired under paragraph 1 or the number of years of employment reąuired under paragraph 2 A, as the case may be, shall be entitled, provided that they have resided altemately or successively in the Netherlands and in Belgium or exclusively in Belgium for the six years immediately preceding their attainment of the age of sixty-five, to benefits under the Netherlands legislation conceming generał old-age insurance which are not based on contributory periods.

“These benefits shall be determined by applying a fraction whose numerator shall be the number of years of paid employment or employment treated as such in the Netherlands or of residence in the Netherlands during a previous period of thirty years which shall be defined by agreement arrived at under article 16, and whose denominator shall be a number not exceeding 30 ; a period of employment in Belgium within the meaning of this Convention cannot at the same time be regarded as a period of residence in the Netherlands.

“B.    (a) Persons of Netherlands or Belgian nationality who prove a given

number of years of paid employment or self-employment consisting of actual periods of employment or periods treated as such completed in the Netherlands and in Belgium shall be entitled to benefits under the Belgian legislation conceming old-age insurance for manuał workers, salaried employees and merchant seamen and under the legislation conceming pensions for self-employed persons which are not based on contributory periods.

“These benefits shall be determined by applying a fraction whose numerator shall be the number of years of paid employment or self-employment completed in Belgium during a previous period of thirty years which shall be defined for the various categories of employed persons by agreement arrived at under article 16, and whose denominator shall be a number not exceeding 30.

No. 573



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