Social Security Agreement between Hungary and Republic of India

Any person, irrespective of nationality, who has paid contributions in both Hungary and India may claim pensions under the Agreement. For survivor’s benefits, proof of payment of contributions in both countries must be provided for the deceased insured person.

RULES ON THE PAYMENT OF CONTRIBUTIONS

In the case of persons employed as workers or self-employed persons, the obligation to pay contributions applies, as a general rule, in the country where the gainful activity is pursued.

For posted workers, the country in which the posting employer is established is the country where contributions are payable.

Members of diplomatic missions and consular posts and members of their families, civil servants, seafarers, travelling or flying personnel of international passenger or goods companies and persons employed on ships are subject to rules different from those set out above.

In order to determine the existence of insurance, i.e. the obligation to pay contributions, the request must be submitted to the government office acting as the competent health insurance administration body for the place of employment in Hungary.

SUBMITTING A CLAIM FOR PENSION BENEFITS

In the case of residence in Hungary you should complete the following documents:

To claim Hungarian benefit, the following forms must be submitted, corresponding to the benefit applied for:

for a claim for old age pension benefit, the form called “In the case of a claim for international old-age pension and other benefits in own right for service periods acquired in a contracting party of the agreement”
for a claim for survivor’s pension, depending on the type of claim, the following forms are relevant:

for widow(er)’s pension or an work accident-related widow(er)’s pension “Claim for widow(er)'s pension or work accident-related widow(er)'s pension under the scope of Act LXXXI of 1997, Act LXXXIII of 1997 and social policy or social security agreement” or
for orphan's allowance or a work accident-related orphan's allowance the so called „Claim for orphan's allowance or work accident-related orphan's allowance under the scope of Act LXXXI of 1997, Act LXXXIII of 1997 and social policy or social security agreement” or
for parental pension or work accident-related parental pension „Claim for parential pension or work accident-related parential pension under the scope of Act LXXXI of 1997, Act LXXXIII of 1997 and social policy or social security agreement”

To apply for an Indian pension, the following forms must be submitted in addition to the Hungarian forms, according to the type of benefit requested:

IN/HU1: Application for an indian provident fund benefit by self,
IN/HU2: Application for an indian provident fund benefit by survivor,
IN/HU3: Application for Indian withdrawal benefit under employees’ pension scheme, 1995,
IN/HU4: Application for an indian retirement or survivor or total permanent disability pension,
IN/HU5: Application for an indian assurance benefit by survivor

The forms required for submitting a claim can be obtained from the pension insurance institutions or downloaded from the "Related forms" menu point.

The claim form must be accompanied by available documents relating to the insurance periods completed in India.

The claim can be submitted in person or by post.

It may be submitted in person at the customer service of the government office of the capital or county according to the place of residence or stay.

If it is submitted by post, the envelope must be addressed to the Government Office of the Capital City Budapest and marked with the uniform postal address 1916 Budapest.

The claim may be submitted by the applicant's legal representative (guardian) or by their authorised representative, accompanied by a document proving the representation.

In the case of an application for a Hungarian survivor’s benefit, if a survivor's pension has already been established in relation to the deceased insured person or if the application is for the revival of a survivor's pension previously paid, the claim may also be submitted at the customer service of the Pension Payment Directorate of the Hungarian State Treasury (1139 Budapest Váci út 73.).

The date of submission of the claim in India is also the date of submission of the claim to the Hungarian pension insurance body.

The application, the documents enclosed by the applicant and the certificate of the service period recognised under Hungarian legislation will be forwarded by the Government Office of the Capital City Budapest to Employees' Provident Fund Organization Head Office (14, Bhikaiji Cama Place, New Delhi 110066, India), the pension insurance body competent for assessing pension claims in India.

In the case of Indian residence:

If you have any questions about how to apply for an Indian old age pension or about your entitlement for an Indian pension, it is advisable to contact the Indian Pension Administration Body in your place of residence.

If you are living in India and claiming a pension in Hungary, you may submit your claim to the competent Indian pension insurance body by completing the

form HU/IN 202 for old age pension,
and form HU/IN 203 for a survivor's pension.

The contact details of the Central Pension Body are:

Employees' Provident Fund Organization Head Office

Address: 14, Bhikaiji Cama Place, New Delhi 110066, India

website: http://www.epfindia.nic.in

The application submitted in India will be forwarded to the Government Office of the Capital City Budapest by the Indian body, along with the proof of the insurance period completed in India.

ASSESSMENT OF PENSION CLAIMS

If the entitlement for the benefit applied for by the applicant exists on the basis of the Hungarian service period, the insurance periods certified by the Indian shall not be taken into account for the determination of the pension.

The minimum periods required for a Hungarian pension are as follows:

15 years of service period for old age pension,
40 years of entitlement period for women's preferential pension,
in the case of a survivor's pension, the service period required for the age of the deceased insured person.

If the entitlement for the benefit cannot be established solely on the basis of the Hungarian service period, the insurance periods certified by the Indian pension administration body shall also be taken into account for the pension as if they had been completed by the applicant under Hungarian legislation, provided that they do not fall within the same period.

If entitlement to a Hungarian pension cannot still be established on the basis of the Hungarian and Indian service periods, the Agreement allows periods of insurance completed under the legislation of a third State with which Hungary and the Republic of India have concluded a social security agreement providing for aggregation of periods to be taken into account for the purpose of entitlement to benefits.

The following periods of insurance completed in third countries may be taken into account for the assessment of entitlement to a Hungarian pension:

Belgium
Germany
Switzerland

If the applicant has at least 15 years of service period required for a Hungarian old age pension only by adding up the insurance periods, the amount of the pension must be calculated on the basis of the Hungarian and Indian insurance periods. In the case of a survivor's pension, the Indian insurance period should be taken into account if the deceased insured person does not have the Hungarian period of service corresponding to their age.

The pension to be determined is the proportion of the insurance periods completed under Hungarian legislation in relation to the total insurance periods. The amount of the Hungarian pension is determined solely on the basis of earnings and income in Hungary.

If the completed insurance period is less than one year and no benefit can be established on that basis in the country where the insurance period was completed, the period of less than one year certified by the Republic of India shall be taken into account as Hungarian insurance period, while the Hungarian period of less than one year shall be taken into account as Indian insurance period when the pension is established.

PAYMENT OF PENSION BENEFITS

Pension benefits are paid directly to the beneficiary in accordance with the legislation of the country that established them. The amount of the established benefit shall remain unchanged for the beneficiary living in the territory of the other country.

The established Hungarian benefits are paid by the Pension Payment Directorate of the Hungarian State Treasury (1139 Budapest, Váci út 73., postal address: 1820 Budapest), detailed information on which can be found in the information "Payment options for beneficiaries living abroad ".

Hungarian State Treasury