Social Security Agreement between Hungary and Republic of Moldova
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LEGISLATION
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WHEN DID THE HUNGARIAN-MOLDOVAN SOCIAL SECURITY AGREEMENT ENTER INTO FORCE?
The Social Security Agreement between the Republic of Moldova and Hungary (the Agreement) entered into force on 1 November 2014.
BENEFITS UNDER THE AGREEMENT FOR WHICH THE PENSION DETERMINATION BODIES ARE RESPONSIBLE
In Hungary:
- old age pension,
- survivor's pension,
- work accident-related survivor’s pension
In Moldova:
- old age pension,
- disability pension,
- survivor's pension
THE FOLLOWING PERSONS MAY APPLY FOR THE ABOVE BENEFITS UNDER THE AGREEMENT
Under the Agreement, a person can claim pension benefits regardless of nationality if they have paid contributions in both Hungary and the Republic of Moldova. For survivor’s pensions, proof of payment of contributions in both countries must be provided for the deceased insured person.
RULES ON THE PAYMENT OF CONTRIBUTIONS
The obligation to pay contributions applies, as a general rule, in the country where the person concerned earns the income, irrespective of the country in which the employee is resident or the country where the employer is established.
For posted workers, the country in which the posting employer is established is the country where contributions are payable.
Special rules apply to persons engaged in international transport of passengers, goods or working on ships, and members of diplomatic missions and consular posts.
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 business of the employer in Hungary.
SUBMITTING A CLAIM FOR PENSION BENEFITS
In the case of residence in Hungary you should complete the following documents:
Proposed under the Agreement
- 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 a Moldovan pension, you must also fill in form HU-MD 207 (Nyilatkozat a biztosított személy biztosítási múltjáról).
The forms required for submitting a claim can be obtained from the pension insurance bodies or downloaded from the "Related forms" menu point next to the information tab.
The claim form must be accompanied by available documents relating to the insurance periods completed in the Republic of Moldova.
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 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 the Republic of Moldova 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 period of service recognised under Hungarian legislation will be forwarded by the Government Office of the Capital City of Budapest to Casa Naţională de Asigurări Sociale a Republicii Moldova (str. Gheorghe Tudor Nr. 3, MD-2028, Chişinău Republica Moldova) the pension insurance body, responsible for the assessment of the Moldovan pension.
In the case of residence in Moldova:
For any questions regarding how to apply for a pension in Moldova and any questions regarding entitlement for a pension in Moldova, it is advisable to contact the Moldovan pension administration body in the place of residence.
To apply for a Hungarian pension, a form MD-HU 207 must be filled in along with the Moldovan application forms.
The contact details of the Central Pension Body are:
Casa Naţională de Asigurări Sociale a Republicii Moldova
Address: str. Gheorghe Tudor Nr. 3.
MD-2028, Chişinău Republica Moldova,
phone number: (373 22) 257 825
e-mail: secretariat@cnas.gov.md
website: http://cnas.md/
The application submitted in the Republic of Moldova will be forwarded by the Moldovan body to the Government Office of the Capital City of Budapest, with the simultaneous certification of the insurance periods completed there.
ASSESSMENT OF PENSION CLAIMS
If the entitlement for the benefit applied for by the applicant exists on the basis of the Hungarian service periods, the insurance periods certified by the Pension Administration Body of the Republic of Moldova shall not be taken into account for the determination of the Hungarian pension.
The minimum periods required for a Hungarian pension are as follows:
- 20 years of service period for old age pension,
- 40 years of eligibility period for women's preferential pension,
- for survivor's pensions, the period of service corresponding to 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 Moldovan pension administration body shall also be taken into account for the pension as if they had been completed under Hungarian legislation, provided that they do not fall within the same period.
The Agreement excludes double insurance, but service periods completed in Hungary and Moldova before the date of entry into force may overlap. These periods may be taken into account only once when applying the aggregation rule.
If the applicant has at least 20 years of service period required for a Hungarian pension only after aggregating the periods of insurance, the amount of the pension is calculated on the basis of the Hungarian and Moldovan periods of insurance. In the case of a survivor's pension, the period of insurance in Moldova shall be taken into account if the deceased insured person does not have the service period in Hungary 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 Moldovan pension administration body shall be taken into account as Hungarian insurance period, while the Hungarian period of less than one year shall be taken into account as Moldovan insurance period.
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".
In case of old age pension, benefits prior to retirement age, or in case of survivors pension if the deceased was not in receipt of a benefit:
At the customer service of the Government Office of the Capital City Budapest (1081 Budapest Fiumei road 19/A.).
In case of administration of benefits paid, or in case of survivors pension if the deceased was in receipt of a benefit:
At the customer service of the Pension Payment Directorate (1139 Budapest Váci road 73.).
In case of old age pension, benefits prior to retirement age, or in case of survivors pension if the deceased was not in receipt of a benefit:
At the customer service of the Government Office of the Capital City Budapest (1081 Budapest Fiumei road 19/A.).
Government Office of the Capital City Budapest
Budapest
1916
In case of administration of benefits paid, or in case of survivors pension if the deceased was in receipt of a benefit:
Hungarian State Treasury Pension Payment Directorate
Budapest
1820