その他令和7年9月12日

日本国とオーストリア共和国との社会保障に関する協定(第13条 総額化)

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令和7年9月12日
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日本国とオーストリア共和国との社会保障に関する協定(第13条 総額化)

令和7年9月12日|p.12-13

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Article 13
Totalization
1. If a person has completed periods of coverage under the legislation of both
Contracting States, these periods, insofar as they do not overlap, if necessary, shall be
added together for the purpose of acquiring entitlement to a benefit, as if they were
periods of coverage in Austria.
2. If the total duration of the periods of coverage to be taken into account for the
determination of the benefit under the Austrian legislation is less than 12 months and due
to these periods of coverage entitlement to a benefit does not exist under this legislation,
no benefit is provided under the Austrian legislation.
3. The Austrian competent institution shall determine, in accordance with Austrian
legislation, whether the claimant is entitled to a benefit by adding together the periods of
coverage, and taking into account the following provisions:
(a) Where Austrian legislation makes the award of certain benefits conditional
upon the completion of periods of coverage in an occupation covered by
special schemes or in a specified occupation or employment, only periods
of coverage under the Japanese legislation completed under a
corresponding scheme or, failing that, in the same occupation or the same
employment shall be taken into account for the award of such benefits.
(b) Where Austrian legislation provides that the period of payment of a
pension shall prolong the reference period during which periods of
coverage must be completed, periods during which a pension has been
awarded under the Japanese legislation shall also prolong the aforesaid
reference period
(c) Japanese periods of coverage, during which the person concerned was
employed or self-employed, shall be treated as periods of contributions of
compulsory insurance due to gainful activity.
(d) of coverage of a person completed in a thich
Austria has a social security agreement of the same kind, shall also be
taken into account for the purpose of acquiring entitlement to a benefit
under Austrian legislation.
Article 14
Calculation of the Amount of Benefits
1. Where entitlement to a benefit exists under Austrian legislation without the
application of paragraph 1 of Article13, the Austrian competent institution shall
determine the amount of the benefit exclusively on the basis of the periods of coverage
to be taken into account under that legislation.
2. Where entitlement to a benefit exists under Austrian legislation only by totalizing
periods under paragraph 1 of Article13, the Austrian competent institution shall
determine the amount of the benefit in accordance with national law concerning the
calculation of the amount of the benefits under bilateral agreements
Chapter 2
Provisions concerning Japanese Benefits
Article 15
Totalization
1. Where a person does not have sufficient periods of coverage to fulfill the
requirement for entitlement to Japanese benefits, the Japanese competent institution shall
take into account, for the purpose of establishing entitlement to those benefits under this
Article, the periods of coverage pursuant to the Austrian legislation insofar as they do not
coincide with those periods of coverage pursuant to the Japanese legislation.
However, this paragraph shall not apply to lump-sum payments under the
Japanese pension systems specified in subparagraph (a) of paragraph 2 of Article 2 on
account of death or withdrawal
2. In applying paragraph 1 of this Article,
(a) periods of coverage pursuant to the Austrian legislation shall be taken into
account as periods of coverage pursuant to the Employees' Pension
Insurance and as corresponding periods of coverage pursuant to the
National Pension.
(b) periods of coverage recognized pursuant to the Austrian legislation as a
period completed by permanent work underground in a mine shall be taken
into account as a period of equivalent work under the Employees' Pension
Insurance.
Article 16
Special Provisions concerning Disability Benefits and Survivors' Benefits
Where the Japanese legislation requires for entitlement to disability benefits or
survivors' benefits (except lump-sum payments under the Japanese pension systems
specified in subparagraph (a) of paragraph 2 of Article 2 on account of death) that the date
of the first medical examination or of death lies within specified periods of coverage, this
requirement shall be deemed to be fulfilled for the purpose of establishing entitlement to
those benefits if such a date lies within periods of coverage pursuant to the Austrian
legislation.
However, if entitlement to disability benefits or survivors' benefits (except lump-
sum payments under the Japanese pension systems specified in subparagraph (a) of
paragraph 2 of Article 2 on account of death) under the National Pension is established
without applying this Article, this Article shall not be applied for the purpose of
establishing entitlement to disability benefits or survivors' benefits (except lump-sum
payments under the Japanese pension systems specified in subparagraph (a) of paragraph
2 of Article 2 on account of death) based on the same insured event under the Employees'
Pension Insurance.
p.12 / 2
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