On August 1 the Multilateral Latin American Social Security Agreement and its Implementation Agreement came into force.
On August 1, 2016 the Multilateral Latin American Convention on Social Security, held in Santiago, Chile, in November 2007, and its Implementing Agreement, held in Madrid in September 2009, came into force in Argentina.
The Convention has an international standard within the Latin American Social Security Association ("OISS") framework. OISS is comprised of Andorra, Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Spain, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru, Paraguay, Portugal, the Dominican Republic and Uruguay.
The Convention, ratified until this date by Bolivia, Brazil, Chile, Ecuador, El Salvador, Spain, Paraguay, Peru, Portugal and Uruguay, provides for the coordination of each country's national legislation on Social Security economic benefits on disability, old age, survival, work accidents and occupational disease of those who, because of paid employment or independent activity, have been displaced to two or more member States, crediting in those countries insurance or employment contribution periods.
It applies to people of any nationality, as well as their families, beneficiaries and entitled persons. It does not affect the economic benefits corresponding to non-contributory schemes, social assistance or benefit schemes for war victims and its consequences, provided under each country's national legislation.
The Convention establishes the basic principles of equal treatment between local workers and foreigners providing services within a particular State; the determination of a single applicable legislation, as it can only be compulsorily covered by the social security rules of a State at a time; the conservation of pension plan expectations, through the aggregation of contribution or employment periods and the application of the "pro rata" rule; the maintenance of acquired rights, through the implementation of the exportability of benefits; and administrative cooperation.
In order to determine the applicable social security legislation, the Convention establishes as a general rule the exclusive subject to the Social Security legislation of the Member State in whose territory a dependent or not dependent activity is exercised, leading to its inclusion in the scope application of that legislation.
As a special rule, the Convention also provides that if the person exercising a dependent activity in the service of a company based in the territory of a Member State performing professional, research, scientific, technical, managerial or other types of tasks or if he/she is transferred to provide temporary services in the territory of another Member State, he/she shall continue to be subject to the Member State's legislation of origin for a period of 12 months, extendable for a similar period. This rule also applies to those engaged in an insured not dependent activity in a Member State, in the above-mentioned activities and is transferred to exercise it in another Member State for a maximum of 12 months. Other special rules apply to staff of diplomatic missions and consular offices, civil servants, staff sent on cooperation missions and personnel working for air or sea transport companies.
To prevent the loss or the lesser extent of social security rights because of the cuota in several countries, the Convention provides that the periods listed in different Member States can be joined and that each of the competent institutions note, as necessary, the insurance, employment or contribution periods made to others as if they were periods listed in them.
The competent authority for the implementation of the Convention in Argentina is the Labor, Employment and Social Security Ministry, through the National Administration of Social Security ("ANSES") and all other national, provincial, professional and municipal pension agencies.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.