- 1
- In case of old age the Netherlands' insurance institution determines the pension directly and exclusively on the basis of the periods of insurance completed under the Netherlands' legislation on old age insurance.
- 2
- The reduction referred to in Article 13, paragraph 1 of the Law on general old-age insurance (AOW) shall not be applied to calendar years or parts thereof before the entry into force of this Convention during which a married woman or a widow between the age of 15 years and 65 years, residing in Slovenia, was not insured under the abovementioned law in so far as the calendar years or parts thereof coincide with periods of insurance completed during their marriage by her husband under that legislation.
- By way of derogation from Article 7 of the AOW, the said woman shall be considered as being entitled to a pension.
- 3
- The reduction referred to in Article 13, paragraph 2 of the AOW shall not be applied to calendar years or parts thereof before the entry into force of this Convention during which the married woman of the pensioner resided in Slovenia between the age of 15 years and 65 years and was not insured under the abovementioned legislation in so far as the calendar years or parts thereof coincide with periods of insurance completed during their marriage by her husband under that legislation.
- 4
- The provisions referred to in paragraphs 2 and 3 of this Article shall be applied only if the person concerned has resided for six years in the territory of Slovenia or the Netherlands after the age of 59 years and for as long as that person is residing in the territory of one of the Contracting Parties.
- 5
- By way of derogation from the provisions of Article 45, paragraph 1 of the Law on general old-age insurance (AOW), and Article 63, paragraph 1 of the general insurance for survivors Act (ANW), the spouse of an employed person covered by the compulsory insurance scheme, residing in Slovenia shall be authorized to take out voluntary insurance under that legislation but only for the periods after the entry into force of this Convention during which the employed person is or was compulsorily insured under the abovementioned legislation. This authorization ceases on the date of termination of the compulsory insurance of the employed person.
- The aforementioned authorization shall not cease, however, where the compulsory insurance of the employed person is terminated as a result of his death and where his widow receives only a pension under the Netherlands legislation on general insurance for survivors Act (ANW).
- In any event, the authorization in respect of voluntary insurance ceases on the date on which the voluntarily insured person reaches the age of 65 years.
- The contribution which has to be paid for the aforementioned voluntary insurance shall be determined for the spouse of an employed person who is compulsorily insured under the AOW and the ANW in accordance with the provisions relating to the determination of the contribution of compulsory insurance, subject to the condition that his or her income shall be deemed to have been received in the Netherlands.
- For the spouse of an employed person who was compulsorily insured on or after the date of entry into force of this Convention the contribution shall be determined in accordance with the provisions relating to the determination of the contribution for voluntary insurance under the AOW and the ANW.
- 6
- The authorization referred to in paragraph 5 of this Article shall be granted only if the spouse of an employed person has informed the Sociale Verzekeringsbank (Social Insurance Bank) not later than one year after commencement of the compulsory insurance period of the employed person of the intention to take out voluntary insurance.
- For the spouse of an employed person who was compulsorily insured immediately prior to or on the date of entry into force of this Convention, the period of one year shall commence on the date of the entry into force of this Convention.
- 7
- The provisions referred to in paragraphs 2 and 3 of this Article shall not be applicable to periods coinciding with periods which may be taken into account for the calculation of pension rights under the legislation governing old-age pensions in a State other than the Netherlands, or for periods during which the person concerned received an old-age pension under such legislation.
- 8
- The provisions of paragraphs 2 and 3 of this Article shall only be applied to the spouse who has taken out voluntary insurance under Netherlands legislation according to paragraph 5 of this Article.
