Page:UN Treaty Series - vol 318.pdf/197

For the purpose of establishing eligibility for old age and survivors' benefits under the Netherlands legislation referred to in article 1, paragraph 1, sub-paragraph (b) (1), the Netherlands institution shall take into account the insurance periods and the equivalent periods completed under Swiss old age and survivors insurance, in so far as such periods do not overlap those completed under Netherlands insurance.

Where a worker of either High Contracting Party has been insured under Swiss old age and survivors insurance before the age of thirty-five and is a wage-earner or is treated as such in the Netherlands:

(a) He shall not be excluded from insurance under the Netherlands legislation referred to in article 1, paragraph 1, sub-paragraph (b) (1), provided that he has not reached the age of sixty-five, is not receiving remuneration entitling him to claim exemption from participation in the insurance or is not excluded from insurance under another provision of the said legislation;

(b) The annuity payable under the said legislation shall be calculated solely on the basis of the insurance periods completed under the Netherlands insurance by the person concerned; article 372 of that legislation shall not be applicable.

A person insured in accordance with the legislation of one High Contracting Party who suffers an accident or who contracts an occupational disease in the territory of the other Party, shall be entitled to claim all necessary medical care from the accident insurance institution of the Party in whose territory he is residing. In such cases, the insuring institution responsible for the insured person shall be obliged to reimburse the cost of the medical care to the insurance institution which provided it.

Where an insuring institution of one High Contracting Party is required to pay benefits to an insured person and a benefit must be awarded by the insuring institution of the other Party in respect of a new accident or occupational disease suffered by the same insured person, the latter insuring institution shall take the benefit awarded by the former insuring institution into account in the same way as if it had to pay this benefit itself.