Protocol

Protocol and Supplementary Notes (1982) amending Social Security Agreement and Supplementary Notes (1982) 

ADDITIONAL PROTOCOL TO THE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF BELGIUM ON SOCIAL SECURITY, SIGNED FEBRUARY 19, 1982

Government of the United States of America and The Government of the Kingdom of Belgium,

Considering that it is necessary to improve the manner of determining rights to benefits under Article 11 of the Agreement on Social Security between the United States of America and the Kingdom of Belgium, signed February 19, 1982,

Agree as follows:

Article 1

The final Protocol to the Agreement shall be amended by adding the following new paragraph 9:

“9. When entitlement to a benefit under United States laws is established in accordance with the provisions of Article 9.1 of the Agreement, the requirements of Article 10 and Article 11.3 shall be considered to be met if the agency of the United States (a) computes the theoretical basic benefit amount in accordance with United States laws based on the worker’s periods of coverage and average earnings credited exclusively under United States laws, and (b) computes the pro rata basic benefit amount by applying to the theoretical basic benefit amount the ratio of the duration of the worker’s periods of coverage credited under United States laws to the duration of a coverage lifetime as determined in accordance with United States laws.”

Article 2

This additional Protocol shall enter into force on the date of entry into force of the Agreement and shall have the same period of validity.

Done at Brussels on 23rd of November, 1982, in duplicate in the English, French and Dutch languages, the three texts being equally authentic.

For the Government of the United States of America:
Charles H. Price II

For the Government of the Kingdom of Belgium:
J. L. Dehaene

ADMINISTRATIVE AGREEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF BELGIUM ON SOCIAL SECURITY

In conformity with Article 13(a) of the Agreement between the United States of America and the Kingdom of Belgium on Social Security of February 19, 1982 the Competent Authorities, to wit:

For the United States of America:
The Secretary of Health and Human Services,

represented by: Charles H. Price II, Ambassador of the United States of America to the Kingdom of Belgium

For the Kingdom of Belgium:

The Minister of Social Affairs,
The Secretary of State for Pensions and
The Minister for the Middle Classes

represented by: J. L. Dehaene, Minister of Social Affairs

have agreed to the following provisions for the application of the Agreement:

CHAPTER 1. GENERAL PROVISIONS

Article 1

1. The Agreement between the United States of America and the Kingdom of Belgium on Social Security of February 19, 1982 shall be referred to hereinafter as the “Agreement.”

2. Terms used in this Administrative Agreement shall have the same meaning as in the Agreement.

Article 2

1. In conformity with Article 13(a) of the Agreement, liaison agencies shall be:

(a) For the United States: the Social Security Administration;

(b) For Belgium:

The National Pensions Office for Salaried Employees with respect to laws referred to in Article 2.1 (b)(i) regarding retirement and survivors pensions for salaried employees and self-employed persons;

The National Sickness-Invalidity Insurance Institute with respect to laws referred to in Article 2. 1(b)(ii) of the Agreement regarding invalidity insurance for salaried employees, for sailors of the merchant marine, miners, and self-employed persons;

The National Social Security Office with respect to the application of laws referred to in Article 2.1 (b)(iii) of the Agreement;

The National Social Insurance Institute for Self-Employed Persons with respect to the application of laws referred to in Article 2.1 (b)(iv) of the Agreement.

2. The Belgian liaison agencies, with the consent of the Belgian Competent Authorities, and the United States liaison agency shall agree upon joint procedures and forms necessary for implementation of the Agreement and this Administrative Agreement.

CHAPTER 2. PROVISIONS ON COVERAGE

Article 3

1. Where the laws of a Contracting State are applicable in accordance with Article 6.1 or 6.2 of the Agreement, the agency of that Contracting State designated in paragraph 3 shall issue upon request of the employer or self-employed person a certificate stating that the concerned employee or self-employed person remains covered by those laws and the date this coverage is expected to end.

2. In all other cases where the laws of the Contracting State are applicable in accordance with Part III of the Agreement, the agency of the Contracting State designated in paragraph 3 whose laws are applicable shall furnish upon request of the employer or selfemployed person a certificate stating that the concerned employee or self-employed person is subject to the laws of that Contracting State.

3. The certificates referred to in paragraphs I and 2 shall be issued:

in the United States
by the Social Security Administration

in Belgium
by the National Social Security Office with respect to employed persons, and
by the National Social Insurance Institute for Self-Employed Persons with respect to self-employed persons.

The agency of either Contracting State which issues a certificate referred to in paragraphs 1 and 2 shall furnish without delay a copy of the certificate to the liaison agency of the other Contracting State as needed by the latter agency.

4. In the application of Article 5.3 of the Agreement, a self-employed person shall, if requested by an agency of a Contracting State designated in paragraph 3, furnish to that agency a copy of tax returns filed with the tax authorities of the other Contracting State for any year or years specified by that agency. The person asked to provide this information shall have the requested copy or copies certified as true and exact by the tax authorities of the Contracting State with which the tax returns were filed. Pending receipt of the certified copy or copies, the agency may provisionally assess a contribution in an amount to be deternined by the Competent Authority whose laws are applicable in accordance with Article 5.3 of the Agreement.

CHAPTER 3. PROVISIONS ON BENEFITS

Article 4

1. The liaison agency of the Contracting State with which an application for benefits is filed in accordance with Article 17 of the Agreement shall inform the liaison agency of the other Contracting State of this fact without delay, using forms established for this purpose. It shall also transmit documents and such other available information as may be necessary for the agency of the other Contracting State to establish the right of the applicant to benefits according to the provisions of Part IV of the Agreement.

2. The agency of the Contracting State with which an application for benefits has been filed shall verify the accuracy of the information pertaining to the applicant and his family members. The types of information to be verified shall be agreed upon by the liaison agencies.

3. The liaison agency of a Contracting State which receives an application filed with an agency of the other Contracting State shall without delay provide the liaison agency of the other Contracting State with such evidence and other available information as may be required to complete action on the claim.

Article 5

In the application of Articles 9, 10 and 11 of the Agreement, the Belgian liaison agency shall notify the United States liaison agency of the months in which a person completed periods of coverage under Belgian laws, and if necessary, the person’s creditable eamings in any year during which periods of coverage were completed under Belgian laws.

Article 6

In the application of Articles 9, 10 and 12 of the Agreement, the United States agency shall when necessary notify the Belgian agency of the periods of coverage which a person has completed under the laws of the United States as well as the amount of the benefit to which the person is entitled.

CHAPTER 4. MISCELLANEOUS PROVISIONS

Article 7

In accordance with measures to be agreed upon pursuant to Article 2 of this Administrative Agreement, the agency of one Contracting State shall, upon request of the agency of the other Contracting State, furnish available information for the purpose of administering the Agreement or the laws specified in Article 2.1 of the Agreement.

Article 8

Copies of documents which are certified as true and exact copies by the agency of one Contracting State shall be accepted as true and exact copies by the agency of the other Contracting State, without further certification. The agency of each Contracting State shall be the final judge of the probative value of the evidence submitted to it.

Article 9

The liaison agencies of the two Contracting States shall exchange statistics on the payments made to beneficiaries under the Agreement for each calendar year in a form to be agreed upon. The data shall include the number of beneficiaries and the total amount of benefits, by type of benefit.

Article 10

1. Where administrative assistance is requested under Article 14 of the Agreement, expenses other than regular personnel and operating costs of the agencies providing the assistance shall be reimbursed.

2. Upon request, the agency of one Contracting State shall furnish without expense to the agency of the other Contracting State all medical information and documentation which is available relevant to the disability of a claimant or beneficiary.

3. Where the agency of a Contracting State requires that a claimant or beneficiary submit to a consultative medical examination, such examination, if requested by that agency, shall be arranged by the agency of the other Contracting State in which the claimant or beneficiary is present, in accordance with the rules of the agency making the arrangements and at the expense of the agency which requests the examination.

4. Amounts owed under paragraphs 1 and 3 shall be reimbursed upon presentation of a detailed statement of expenses.

Article 11

Unless authorized by the national statutes of a Contracting State, information about an individual which is transmitted in accordance with the Agreement to that Contracting State by the other Contracting State shall be used exclusively for purposes of implementing the Agreement. Such information received by a Contracting State shall be governed by the national statutes of that Contracting State for the protection of privacy and confidentiality of personal data.

Article 12

This Administrative Agreement shall enter into force on the date of entry into force of the Agreement and shall have the same period of validity.

Done at Brussels, on 23rd of November, 1982, in duplicate in the English, French and Dutch languages, the three texts being equally authentic.

For the Government of the United States of America:
Charles H. Price II

For the Government of the Kingdom of Belgium:
J. L. Dehaene