AGREEMENT BETWEENJAPAN AND THE SLOVAK REPUBLIC
ON SOCIAL SECURITY

AGREEMENT BETWEENJAPAN AND THE SLOVAK REPUBLIC
ON SOCIAL SECURITY
Japan and the Slovak Republic,
Being desirous of regulating their mutual relations in
the field of social security,
Have agreed as follows:
PART I
GENERAL PROVISIONS
Article 1
Definitions
1.

For the purpose of this Agreement,(a)“a Contracting State” and “the other Contracting
State” mean Japan or the Slovak Republic, as thecontext requires;(b)“national” means,
as regards Japan,
a Japanese national within the meaning of the law
on nationality of Japan,
as regards the Slovak Republic,a national of the Slovak Republic;(c)“legislation” means,
as regards Japan,
the laws and regulations of Japan concerning theJapanese pension systems specified in paragraph 1
of Article 2,
as regards the Slovak Republic,
the law of the Slovak Republic specified inparagraph 2 of Article 2;

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(d)

“competent authority” means,
as regards Japan,
any of the Governmental organizations competentfor the Japanese pension systems specified inparagraph 1 of Article 2,
as regards the Slovak Republic,
the Ministry of Labour, Social Affairs and Familyof the Slovak Republic;(e)“competent institution” means,
as regards Japan,
any of the insurance institutions, or any
association thereof, responsible for the
implementation of the Japanese pension systems
specified in paragraph 1 of Article 2,
as regards the Slovak Republic,
the institution responsible for the
implementation of the legislation of the Slovak
Republic;(f)“period of coverage” means,a period of contribution under the legislation ofa Contracting State and any other period taken
into account under that legislation forestablishing entitlement to benefits; and(g)“benefit” means,a pension or any other cash benefit under thelegislation of a Contracting State.

2.
For the purpose of this Agreement, any term notdefined in this Agreement shall have the meaning assigned
to it under the applicable legislation of the respective
Contracting States.
3.
The headings of Parts, Chapters and Articles of thisAgreement are inserted for convenience of reference onlyand shall not affect the interpretation of this Agreement.

－2－Article 2
Matters Covered
This Agreement shall apply,1.
as regards Japan, to the following Japanese pension
systems:(a)the National Pension (except the National PensionFund); and(b)

the Employees’ Pension Insurance (except the
Employees’ Pension Fund);however, for the purpose of this Agreement, theNational Pension shall not include the Old Age Welfare
Pension or any other pensions which are granted on atransitional or complementary basis for the purpose of
welfare and which are payable wholly or mainly out ofnational budgetary resources; and2.

as regards the Slovak Republic:(a)to the Act on Social Insurance, Sections
pertaining to pension benefits (old-age benefits,
early retirement benefits, disability benefits,
widows and widowers benefits, orphans benefits
and the equalizing supplement); and(b)with regard to the Part II and relevant
provisions of this Agreement, to the Act on
Social Insurance, Sections pertaining toparticipation in Social Insurance.

3.
This Agreement shall also apply to all amendments tothe legislations of both Contracting States insofar as they
do not modify substantially the scope of the systems
regulated or implemented by those prior to such amendments.
Article 3
Persons Covered
This Agreement shall apply to a person who is or has
been subject to the legislation of a Contracting State, as
well as family members or survivors who derive rights fromsuch person.

－3－Article 4
Equality of Treatment
Unless otherwise provided in this Agreement, thepersons specified in Article 3, who ordinarily reside in
the territory of a Contracting State, shall receive equal
treatment with nationals of that Contracting State in theapplication of the legislation of that Contracting State.
Article 5
Payment of Benefits Abroad
1.
Unless otherwise provided in this Agreement, any
provision of the legislation of a Contracting State which
restricts entitlement to or payment of benefits solely
because the person ordinarily resides outside or is absent
from the territory of that Contracting State shall not beapplicable to persons who ordinarily reside in the
territory of the other Contracting State.
2.
Benefits under the legislation of a Contracting State
shall be paid to the persons specified in Article 3, whoordinarily reside in the territory of a third country,
under the same conditions as if they were nationals of thatContracting State.
PART IIPROVISIONS CONCERNING
THE APPLICABLE LEGISLATION
Article 6
General Provisions
Unless otherwise provided in this Agreement, a person
who works as an employee or a self-employed person in the
territory of a Contracting State shall, with respect tothat work or self-employed activity, be subject only to thelegislation of that Contracting State.
Article 7Special Provisions
1.
Where an employee who is covered under the legislationof a Contracting State and employed in the territory ofthat Contracting State by an employer with a place ofbusiness in that territory is sent by that employer, either
from that territory or from a territory of a third country,
to work in the territory of the other Contracting State
and:

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(a)

does not conclude an employment contract in the
territory of that other Contracting State; or(b)concludes an employment contract with an employer
with a place of business in the territory of that
other Contracting State, but is under the
direction of the employer with a place ofbusiness in the territory of the firstContracting State,that employee shall be subject only to the legislation of
the first Contracting State, with respect to that work,
until the expiration of a period of five years from thedate that employee is sent, as if that employee were
working in the territory of the first Contracting State.
2.
If the detachment referred to in paragraph 1 of this
Article continues beyond five years, the competentauthorities or the competent institutions of bothContracting States may agree that the employee remains
subject only to the legislation of the first Contracting
State for a period not exceeding three years.
3.
Where a person, who is covered under the legislationof a Contracting State and who ordinarily works as a selfemployed person in the territory of that Contracting State,works temporarily as a self-employed person only in the
territory of the other Contracting State, that person shallbe subject only to the legislation of the first Contracting
State until the expiration of a period of five years fromthe beginning of the self-employed activity in the
territory of the other Contracting State, as if that person
were working in the territory of the first Contracting
State.
4.
If the self-employed activity in the territory of theother Contracting State referred to in paragraph 3 of this
Article continues beyond five years, the competentauthorities or the competent institutions of bothContracting States may agree that the self-employed person
remains subject only to the legislation of the firstContracting State for a period not exceeding three years.
Article 8
Persons Working on Board a Sea-Going Vessel
A person who works on board a sea-going vessel flying
the flag of a Contracting State shall be subject only to:(a)

In cases in which the person is an employee, thelegislation of the Contracting State in whose
territory the employer is located;

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(b)

In cases in which the person is a self-employedperson, the legislation of the Contracting Statein whose territory that person ordinarily
resides.

Article 9Members of Diplomatic Missions,
Members of Consular Posts and Civil Servants1.
Nothing in this Agreement shall affect the provisionsof the Vienna Convention on Diplomatic Relations of April
18, 1961, or of the Vienna Convention on Consular Relationsof April 24, 1963.
2.
Subject to paragraph 1 of this Article, where any
civil servant of a Contracting State or any person treatedas such in the legislation of that Contracting State issent to work in the territory of the other Contracting
State, that person shall be subject only to the legislationof the first Contracting State as if that person were
working in the territory of the first Contracting State.
Article 10
Exceptions to Articles 6 to 9
At the request of an employee and an employer or aself-employed person, the competent authorities or thecompetent institutions of both Contracting States may agree
to grant an exception to Articles 6 to 9 in the interest ofparticular persons or categories of persons, provided thatsuch persons or categories of persons shall be subject tothe legislation of one of the Contracting States.
Article 11
Spouse and Children
While a person works in the territory of Japan and issubject only to the legislation of the Slovak Republic in
accordance with Article 7, paragraph 2 of Article 9 or
Article 10, the spouse or children coming with that person
shall be exempted from the legislation of Japan concerning
the Japanese pension system specified in paragraph 1(a) of
Article 2, provided that the requirements specified in thelegislation of Japan concerning the enforcement of theagreements on social security are fulfilled. However, whenthose spouse or children so request, the foregoing shallnot apply.

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Article 12
Certification of Coverage
The liaison agency designated by the competentauthority of a Contracting State in accordance with theprovisions of paragraph 1(b) of Article 21 shall certify,
at the request of an employee and an employer or a selfemployed person, that the employee or self-employed person
is subject to the legislation of that Contracting State.
Article 13
Compulsory Coverage
Articles 6 to 8, paragraph 2 of Article 9 and Article
11 shall apply only to compulsory coverage under thelegislation of each Contracting State.
PART IIIPROVISIONS CONCERNING BENEFITS
Chapter 1
Provisions concerning Japanese Benefits
Article 14
Totalization
1.
Where a person does not have sufficient periods ofcoverage to fulfill the requirement for entitlement toJapanese benefits, the competent institution of Japan shalltake into account, for the purpose of establishingentitlement to those benefits under this Article, theperiods of coverage under the legislation of the Slovak
Republic insofar as they do not coincide with the periodsof coverage under the legislation of Japan.
However, the foregoing shall not apply to lump-sum
payments under the Japanese pension systems specified inparagraph 1 of Article 2 on account of death or withdrawal.
2.
In applying paragraph 1 of this Article, the periodsof coverage under the legislation of the Slovak Republic
shall be taken into account as periods of coverage under
the Employees’ Pension Insurance and as corresponding
periods of coverage under the National Pension.

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Article 15
Special Provisions concerning Disability Benefits
and Survivors’ Benefits
1.
Where the legislation of Japan requires forentitlement to disability benefits or survivors’ benefits(except lump-sum payments under the Japanese pension
systems specified in paragraph 1 of Article 2 on account ofdeath) that the date of the first medical examination or ofdeath lies within specified periods of coverage, thisrequirement shall be deemed to be fulfilled for the purposeof establishing entitlement to those benefits if such adate lies within the periods of coverage under thelegislation of the Slovak Republic.
However, if entitlement to disability benefits orsurvivors’ benefits (except lump-sum payments under theJapanese pension systems specified in paragraph 1 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 establishingentitlement to disability benefits or survivors’ benefits(except lump-sum payments under the Japanese pension
systems specified in paragraph 1 of Article 2 on account ofdeath) based on the same insured event under the Employees’
Pension Insurance.
2.
Paragraph 1 of Article 5 shall not affect theprovisions of the legislation of Japan which require aperson who is aged 60 or over but under 65 on the date of
the first medical examination or of the death to resideordinarily in the territory of Japan for the acquisition ofentitlement to the Disability Basic Pension or theSurvivors’ Basic Pension.
Article 16
Calculation of the Amount of Benefits
1.
Where entitlement to a Japanese benefit is establishedby virtue of paragraph 1 of Article 14 or paragraph 1 of
Article 15, the competent institution of Japan shallcalculate the amount of that benefit in accordance with thelegislation of Japan, subject to paragraphs 2 to 4 of this
Article.

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2.
With regard to the Disability Basic Pension and otherbenefits, the amount of which is a fixed sum granted
regardless of the period of coverage, if the requirements
for receiving such benefits are fulfilled by virtue ofparagraph 1 of Article 14 or paragraph 1 of Article 15, theamount to be granted shall be calculated according to the
proportion of the sum of the periods of contribution andthe premium-exempted periods under the pension system fromwhich such benefits will be paid to the sum of those
periods of contribution, those premium-exempted periods andthe periods of coverage under the legislation of the Slovak
Republic.
3.
With regard to disability benefits and survivors’
benefits under the Employees’ Pension Insurance, insofar as
the amount of those benefits to be granted is calculated on
the basis of the specified period determined by thelegislation of Japan when the periods of coverage under the
Employees’ Pension Insurance are less than that specified
period, if the requirements for receiving such benefits are
fulfilled by virtue of paragraph 1 of Article 14 orparagraph 1 of Article 15, the amount to be granted shallbe calculated according to the proportion of the periods ofcoverage under the Employees’ Pension Insurance to the sumof the periods of coverage and the periods of coverage
under the legislation of the Slovak Republic. However,when the sum of the periods of coverage exceeds thatspecified period, that sum of the periods of coverage shallbe regarded as equal to that specified period.
4.
With regard to the Additional Pension for Spouses
which is included in the Old-age Employees’ Pension and anyother benefits that may be granted as a fixed sum in cases
where the periods of coverage under the Employees’ Pension
Insurance equal or exceed the specified period determinedby the legislation of Japan, if the requirements forreceiving such benefits are fulfilled by virtue ofparagraph 1 of Article 14, the amount to be granted shallbe calculated according to the proportion of the periods ofcoverage under the Employees’ Pension Insurance to thatspecified period.
Article 17
Exception to Article 4
Article 4 shall not affect the provisions oncomplementary periods for Japanese nationals on the basisof ordinary residence outside the territory of Japan under
the legislation of Japan.

－9－Chapter 2
Provisions concerning Slovak Benefits
Article 18
Totalization of Periods of Coverage
When periods of coverage have been completed under thelegislation of both Contracting States, the competentinstitution of the Slovak Republic shall, in determining
eligibility for benefits under the legislation of the
Slovak Republic, take into account also periods of coverage
under the legislation of Japan insofar as they do not
overlap with periods of coverage under the legislation of
the Slovak Republic unless otherwise provided in thisAgreement.
Article 19
Calculation of Benefits
1.
If the conditions for entitlement to benefits under
the legislation of the Slovak Republic are satisfied
without applying the provisions of Article 18, thecompetent institution of the Slovak Republic shalldetermine the benefits on the basis of the periods ofcoverage completed exclusively under its legislation.
2.
If the right to benefits under the legislation of the
Slovak Republic can be acquired only after applying theprovisions of Article 18, the competent institution of the
Slovak Republic shall:(a)calculate the theoretical amount of the benefit
which could have been claimed, provided that all
periods of coverage had been completed
exclusively under the legislation of the Slovak
Republic; and(b)then, on the basis of the theoretical amountcalculated in accordance with subparagraph (a) of
this paragraph, determine the amount of thebenefit payable by applying the ratio of theduration of the periods of coverage completed
under the legislation of the Slovak Republic to
the total periods of coverage referred to in
subparagraph (a).

3.
For calculation of the benefit, the competentinstitution of the Slovak Republic shall take into accountonly the income earned during the periods of coveragecompleted under the legislation of the Slovak Republic.

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4.
If the competent institution of the Slovak Republic
can calculate the amount of benefit only with respect toperiods of coverage obtained according to the legislationof the Slovak Republic, the provisions of paragraph 2 ofthis Article shall not be applied.
Article 20
Special Provision
A person whose disability began while he or she was adependent or a regular doctoral studies student under ageof 26, and whose disability claim is established without
the requirement that he or she performs work activity toobtain periods of coverage, may establish eligibility fordisability benefits under the legislation of the Slovak
Republic on the condition that such person permanently
resides in the territory of the Slovak Republic.
PART IVMISCELLANEOUS PROVISIONS
Article 21
Administrative Collaboration
1.
The competent authorities of both Contracting Statesshall:(a)agree on the administrative arrangements
necessary for the implementation of thisAgreement;(b)designate liaison agencies for the implementationof this Agreement; and(c)communicate to each other, as soon as possible,
all information about changes to their respective
legislation insofar as those changes affect theimplementation of this Agreement.

2.
The competent authorities and competent institutionsof both Contracting States, within the scope of theirrespective authorities, shall provide any assistancenecessary for the implementation of this Agreement. This
assistance shall be provided free of charge.

－11－Article 22
Transmission and Confidentiality of Information
1.
The competent authorities or competent institutions ofa Contracting State shall, in accordance with its laws andregulations, transmit to the competent authorities orcompetent institutions of the other Contracting State
information about an individual collected under thelegislation of that Contracting State insofar as that
information is necessary for the implementation of thisAgreement. Unless otherwise required by the laws andregulations of that other Contracting State, that
information shall be used exclusively for the purpose of
implementing this Agreement.
2.
Upon the request of a competent authority or competentinstitution of a Contracting State, the competentauthorities or competent institutions of the other
Contracting State may transmit, in accordance with thelegislation and other relevant laws and regulations of that
other Contracting State, information about an individual
other than that referred to in paragraph 1 of this Article
collected under the legislation of that other Contracting
State to the competent authorities or competentinstitutions of the first Contracting State insofar as itis necessary for the implementation of the legislation ofthat Contracting State. Unless otherwise required by thelaws and regulations of the first Contracting State, that
information shall be used exclusively for the purpose of
implementing that legislation of that Contracting State.
3.
Information referred to in paragraph 1 and 2 of this
Article received by a Contracting State shall be governedby the laws and regulations of that Contracting State forthe protection of confidentiality of personal data.
Article 23
Charges or Fees and Legalization
1.
Insofar as the legislation and other relevant laws andregulations of a Contracting State contain provisions on an
exemption or reduction of administrative charges or
consular fees for documents to be submitted under thelegislation of that Contracting State, those provisions
shall also apply to documents to be submitted in theapplication of this Agreement and the legislation of theother Contracting State.

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2.
Documents which are presented for the purpose of thisAgreement and the legislation of a Contracting State shallnot require legalization or any other similar formality by
diplomatic or consular authorities.
Article 24
Languages of Communication
1.
In implementing this Agreement, the competentauthorities and competent institutions of a Contracting
State may not reject applications or any other documents
for the reason that they are written in Japanese, Slovak or
English language.
2.
The competent authorities and competent institutionsof the Contracting States may communicate directly witheach other and with any concerned person wherever the
person may reside whenever it is necessary to do so for theapplication of this Agreement or the legislation to which
this Agreement applies. The communication may be inJapanese, Slovak or English language.
Article 25
Submission of Applications, Appeals and Declarations
1.
When a written application for benefits, an appeal or
any other declaration under the legislation of aContracting State is submitted to a competent authority orcompetent institution of the other Contracting State whichis competent to receive similar applications, appeals or
declarations under the legislation of that other
Contracting State, that application for benefits, appeal or
declaration shall be deemed to be submitted on the samedate to the competent authority or competent institution of
the first Contracting State and shall be dealt with,according to the procedure and legislation of the firstContracting State.
2.
The competent authority or competent institution of aContracting State shall send the application for benefits,
appeal or any other declaration submitted in accordancewith paragraph 1 of this Article to the competent authority
or competent institution of the other Contracting State
without delay.
Article 26
Payment of Benefits
1.
Payments of benefits under this Agreement may be madein the currency of either Contracting State.

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2.
In case provisions for restricting the exchange ofcurrencies or remittance are introduced by either
Contracting State, the Governments of the Contracting
States shall immediately consult on the measures necessary
to ensure the payments of benefits by that Contracting
State under this Agreement.
Article 27
Resolution of Disagreement
Any disagreement regarding the interpretation orapplication of this Agreement shall be resolved byconsultation between the relevant authorities of theContracting States.
PART V
TRANSITIONAL AND FINAL PROVISIONS
Article 28
Transitional Provisions
1.
This Agreement shall not establish any entitlement tobenefits for any period prior to its entry into force.
2.
In the implementation of this Agreement, periods ofcoverage completed before its entry into force as well asother legally relevant events occurring before its entry
into force shall also be taken into account.
3.
Decisions made before the entry into force of thisAgreement shall not affect any rights to be established byvirtue of this Agreement.
4.
The application of this Agreement shall not, for abeneficiary, result in any reduction in the amount ofbenefits to which entitlement was established before theentry into force of this Agreement.
5.
In applying paragraph 1 or 3 of Article 7, in the caseof a person who has been working in the territory of aContracting State prior to the entry into force of thisAgreement, the period of detachment or self-employed
activity referred to in paragraph 1 or 3 of Article 7 shallbe considered to begin on the date of entry into force of
this Agreement.

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Article 29
Entry into ForceThis Agreement shall enter into force on the first dayof the third month following the month in which theContracting States shall have completed an exchange of
diplomatic notes informing each other that their respective
constitutional requirements necessary for the entry into
force of this Agreement have been fulfilled.
Article 30
Duration and Termination
1.
This Agreement shall remain in force for an indefinite
period. Either Contracting State may give to the other
Contracting State, through diplomatic channels, written
notice of termination of this Agreement. In that event,
this Agreement shall remain in force until the last day of
the twelfth month following the month in which thetermination was notified.
2.
If this Agreement is terminated in accordance withparagraph 1 of this Article, rights regarding entitlement
to and payment of benefits acquired under this Agreement
shall be retained, in respect of a person who submits anapplication for those benefits and who fulfills therequirements for entitlement to those benefits prior to thedate of termination.
IN WITNESS WHEREOF, the undersigned, being duly
authorized thereto, have signed this Agreement.
Done in duplicate at Bratislava, this thirtieth day ofJanuary, 2017 in the Japanese, Slovak and English
languages, each text being equally authentic. In case ofany divergence of interpretation, the English text shallprevail.
For Japan:
新美

For the Slovak Republic:
Richter

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