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Article 74 Europees Verdrag inzake sociale zekerheid

Transitional and final provisions

1 This Convention shall confer no rights for any period before its entry into force in respect of the Contracting Party or Parties concerned.

2 All periods of insurance and, where appropriate, of employment, occupational activity or residence completed under the legislation of a Contracting Party before the date on which this Convention enters into force shall be taken into account for the purpose of determining rights arising from this Convention.

3 Subject to the provisions of paragraph 1 of this Article, rights may airse under this Convention even in respect of a contingency which arose before its entry into force.

4 Any benefit which has not been provided or which has been suspended on account of the nationality of the person concerned or of his residence in the territory of the Contracting Party other than that in which the institution liable to pay the benefits is situated shall, at the request of the person concerned, be provided or resumed with effect from the date on which this Convention enters into force, unless the rights previously extinguished have given rise to the payment of a lump sum.

5 The rights of persons concerned who have been awarded a pension before the entry into force of this Convention shall be revised at their request, regard being had to the provisions of this Convention. These rights may also be revised ex officio. In no circumstances shall such a revision operate to lessen the former rights of the person concerned.

6 Where the request referred to in paragraph 4 or in paragraph 5 of this Article is submitted within two years of the date on which this Convention enters into force, the rights arising in accordance with the provisions of the Convention shall be acquired as from that date, and those provisions of the legislation of any Contracting Party which concern the loss of rights or the extinction of rights by lapse of time shall not be raised against the person concerned.

7 Where the request referred to in paragraph 4 or in paragraph 5 of this Article is submitted more than two years after the date on which this Convention enters into force, such rights as have not lapsed or have not been extinguished by lapse of time shall be acquired only with reference to the date on which the request was submitted, unless there are more favourable provisions in the legislation of the Party concerned.

Regeling
Europees Verdrag inzake sociale zekerheid
Soort
Verdrag
Geldend vanaf
28-02-2007
BWB-id
BWBV0003473
Versie
2007-02-28_0

In de hele regeling · Officiële tekst op wetten.overheid.nl