AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE STATE OF ISRAEL

Resolved to co-operate in the field or social security.

Have decided to conclude an agreement for this purpose, have agreed as follows:

 
PART I

GENERAL PROVISIONS

ARTICLE 1
Definitions

1. For the purposes of this Agreement:

   “benefits” means all benefits stated in the legislations mentioned in Article 2;

   “competent authority” means,    
    

   –	as regards Israel, the Minister of Social Affairs and Services; and
   –	as regards the Philippines, the President and CEO of the Social Security System, the President and General Manager of the Government Service Insurance System, and the President and CEO or the Philippine Health Insurance Corporation, each to the extent of his/her responsibility or the administration of the legislation specified in Article 2.1.b;

   “competent institution” means,    
    

   –	as regards Israel the National Insurance Institute; and
   –	as regards the Philippines, the Social Security System, the Government Service Insurance System, and the Philippine Health Insurance Corporation, each to the extent that it is responsible under the legislation specified in Article 2.1.b;

   “family member” means any person deemed or recognized as such by the legislation applied by the competent institution.

   “insured person” means a person who is or has been subject to legislation mentioned in Article 2;

   “legislation” means as regards a Party, the laws and regulations specified in Article 2 with respect to that Party;

   “liaison agency” means an agency which is responsible for the co-ordination and the exchange of information between the competent institutions of the Parties, and which is involved in the application of this Agreement and informing the persons concerned or the rights and obligations stemming from it.

   “residence” means habitual residence according to the legislation of each Party;

   “stay” means temporary sojourn;

2. Other terms used in this Agreement have the same meaning given to them under the legislation which is being applied.

ARTICLE 2
Legislation to Which the Agreement Applies

1. This Agreement shall apply to the following legislation:

   1. benefits with respect to Israel:

      the National Insurance law (Consolidated Version) 5755-1995, as Car as it applies to the following branches of insurance:

      – work injury insurance
      – maternity insurance

   2. with respect to the Philippines:

      the Social Security Law as it relates to maternity benefits; the Employees’ Compensation Law as it relates to work-related contingencies; and the Philippine Health Insurance Act as it relates to hospitalization;

2. This Agreement also relates to the legislation codifying, amending, supplementing or replacing the legislation specified in the preceding paragraph.

ARTICLE 3
Persons to Whom the Agreement Applies
and Equality of Treatment
Subject to this Agreement, the following persons who are working or staying in the territory of a Contracting Party shall be equated with citizens of that Contracting Party in the application of its legislation:

1. citizens of the Other Contracting Party;
2. refugees as defined in Article 1 of the Convention Relating to the Status of Refugees of 28 July 1951 and the Protocol 31 January 1967 to that Convention;
3. Other persons as defined in Article 1 or the Convention Relating to the Status of Stateless Persons of 28 September 1954;
4. Other persons with regard to rights which they derive from a citizen of a Contracting Party or from a refugee or stateless person, referred to in this article. 

ARTICLE 4
Except where otherwise provided in this Agreement, cash benefits, may not be reduced, modified, suspended or withdrawn on the account of the recipient residing in the territory of the Other Contracting Party.

PART II

ARTICLE 5
Subject to the provisions of Articles 6 to 10,

1. an employed person who works in the territory of a Party shall, in respect of that work, be subject on a compulsory basis only to the legislation of that Party;
2. a self-employed person who ordinarily resides in the territory of a Party and who works for his or her own account in the territory of the other Party or in the territories of both Parties shall, in respect of that work be subject on a compulsory basis only to the legislation of the first Party;
3. a person who is neither employed nor a self-employed person and who resides in the territory of a Party shall be subject on a compulsory basis only lo the legislation of that Party.

ARTICLE 6
Civil Servants
Civil servants and persons treated as such and persons employed by a public institution of a Contracting Party shall be subject to the legislation of the Contracting Party in whose administration they are employed provided that the person concerned prior to the employment is subject to the legislation of that Contracting Party.

ARTICLE 7
Detached Worker
A person who,

1. is employed by an employer whose registered place of business is in the territory of a Party,
2. is covered under the legislation of a Party, and
3. is sent to work in the territory of the other Party for the same employer or a related employer for a period not exceeding five years;

shall continue to be subject to the legislation of the former Party as if he or she would continue to be employed in the territory of that Party.

ARTICLE 8
Crew of Transport Undertaking

1. The traveling personnel of a transport undertaking operating in the territories of both Parties shall be subject to the legislation of the Party in whose territory the undertaking has its registered place of business.
2. A person employed on board a vessel flying the flag of a Party and residing in the territory or the same Party shall be subject to the legislation of that Party provided that the employer’s registered place of business is situated in the territory of that Party. In relation to Israel the above mentioned applies also where a vessel flies the flag of a third country but has a crew which is paid by an undertaking having its registered place of business or by a person resident in Israel.

ARTICLE 9
Exception Provision
The competent authorities or the bodies authorized by them may agree on exceptions from the provisions or Articles 5 to 8 in the interest of certain persons or categories of persons.

ARTICLE 10
Application of Articles 6 to 7 to Family Members

1. The family members accompanying the employee referred to in Article 6 and living with him or her, are subject to the legislation of the same Party as the person referred to above.
2. The family members accompanying the employee referred to in Article 7 and living with him or her, are subject to the legislation of the same Party as the employee.
3. When agreeing on the exception under Article 9 from the provisions of Article 6 to 7, the persons accompanying the employee and living with him or her, are subject to the legislation of the same Party in regard to which the exception has been agreed on.
4. The provisions of paragraphs 1, 2 and 3 shall not apply, if the family member on the basis of his or her own employment is subject to the legislation of the other Party. 

OCCUPATIONAL DISEASES AND EMPLOYMENT ACCIDENTS
ARTICLE 11
The right to benefits due to occupational diseases and employment accidents shall be determined according to the legislation applying to the insured person at the time of the work injury, as provided in Articles 5 to 9.

ARTICLE 12

1. When an insured person who has contracted an occupational disease has under the legislation of both Parties, pursued an activity likely to cause this disease, the benefits that he or his survivors may claim shall be awarded exclusively under the legislation of the Party of which he was last subject.
2. However, if there is no entitlement to benefits under the legislation of the last Party, the claim shall be referred by the institution or that Party to the institution or the first Party, which shall decide the claim under the terms of its legislation.

ARTICLE 13
If the legislation of the Party explicitly provides that previous employment accidents or occupation diseases arc taken into consideration when determining the degree or invalidity, the competent institution of that Party shall also take into consideration the previous employment accidents or occupational diseases sustained while under the legislation of the other Party, as if the legislation of the first Party had been applicable.

ARTICLE 14
In the event or aggravation of an occupational diseases for which an insured person has received or is receiving benefit under the legislation of a Party, the following rules apply:

1. If the person concerned has not, while in receipt of benefits, been engaged in an occupation under the legislation of the other Party likely to cause or aggravate the disease in question, the competent institution of the first Party shall meet the cost of the benefits under the provisions or the legislation which it administers taking into account the aggravation;
2. If the person concerned, while in receipt of benefits, has pursued such an activity under the legislation of the other Party, the competent institution or the first Party shall meet the cost of benefits under the legislation which it administers without taking the aggravation into account. The competent institution of the second Party shall grant a supplement to the person concerned, the amount of which shall be equal to the difference between the amount or benefits due after aggravation and the amount which would have been due prior to the aggravation under the legislation which it administers if the diseases in question had occurred under the legislation of that Party. 

ARTICLE 15

1. When a person, who is insured under the legislation of the Party, needs urgent medical care as a consequence of an employment accident or occupational disease occurring in the territory of the Party, such care shall be provided by the institution of that Party.
2. The cost of the necessary care provided in accordance with paragraph 1 shall be borne by the competent institution providing it.

MATERNITY BENEFITS

ARTICLE 16

1. In order to establish a person’s entitlement to a maternity cash benefit, periods or insurance completed under the legislation of the Other Contracting Party, not overlapping insurance periods acquired under the legislation or the first Contracting Party, will be taken into account on condition that the person has completed at least 8 weeks or insurance under the legislation of the first Contracting Party.
2. When calculating the benefit in accordance with paragraph 1 of this Article, only income accrued in the territory of the Contracting Party which pays the benefit shall be taken into account.

ARTICLE 17
A woman who is insured for hospitalization in case or childbirth according to the legislation or one Contracting Party shall, when temporarily staying in the territory of the Other Contracting Party, receive the corresponding benefit according to the legislation of that Party, without need or reimbursement of the expenses.

PART III

ARTICLE 18
Responsibilities of the competent authorities
The competent authorities:

1. shall take, by means of an Administrative Arrangement, the measures required to implement this Agreement and shall designate the liaison agencies;
2. shall define the procedures for mutual administrative assistance, including the sharing of expenses associated with obtaining medical, administrative and other evidence required for the implementation of this Agreement;
    
3. shall directly communicate to each other any information concerning the measures taken for the application of this Agreement;
4. shall directly communicate lo each other, as soon as possible, all changes in their legislation to the extent that these changes might affect the application of this Agreement.

ARTICLE 19
Administrative collaboration

1. For the implementation of this Agreement, the competent authorities as well as the competent institutions of both Contracting Parties shall lend each other their good office as they would for the application of their own legislation. In principle, this assistance shall be provided free of charge; however, the competent authorities or the competent institutions or the Contracting Parties, may agree on the reimbursement of some expenses.
2. The benefit of the exemptions or reductions of taxes, of stamp duties or of registration or recording fees provided for by the legislation of one Contracting Party in respect of certificates or other documents which must be produced for the application of the legislation of that Party shall be extended to certificates and similar documents to he produced for the application of the legislation of the other Party.
3. All acts and documents which must be produced for the implementation of this Agreement shall be exempt from authentication by diplomatic or consular authorities.
4. For the implementation of this Agreement the competent authorities and institutions or the Contracting Parties may communicate directly with each other as well as with any person, regardless or the residence of such persons. Such communication may be made in English.

ARTICLE 20
Data protection
Any data pertaining to private persons which in the course of this Agreement are transmitted by one Contracting Party to the other, shall be confidential and used exclusively for implementing this Agreement as specified in the request for information. Such information received by a Contracting Party shall be governed by the laws and regulations of that Contracting Party for the protection or confidentiality of personal data.

ARTICLE 21
Claims, notices and appeals
Claims, notices or appeals which, according to the legislation of one of the Contracting Parties, should have been submitted within a specified period to the authority, institution or jurisdiction or this Party, are acceptable if they are presented within the same specified period to an authority, an institution or a jurisdiction of the Other Contracting Party. In this case, the claims, notices or appeals must be sent without delay to the authority, institution or jurisdiction of the former Contracting Party, through the competent authorities or competent institutions of the Contracting Parties. The date on which these claims, notices or appeals have been submitted to an authority, an institution or a jurisdiction of the second Contracting Party shall be considered to be the date of submission to the authority, institution or jurisdiction authorized to accept such claims, notices or appeals.

An application or document may not he rejected because it is written in an official language of the Other Contracting Party.

ARTICLE 22
Enforcement of decisions

1. Enforceable decisions by a tribunal of one Contracting Party, as well as enforceable documents issued by the competent authority or by institutions of one Contracting Party in respect of social insurance contributions and other claims, shall be recognized in the territory or the Other Contracting Party.
2. The recognition may be refused only where it would be incompatible with the legal principles of the Contracting Party where the recognition is sought.
3. Enforceable decisions and documents recognized under paragraph 1 of this article shall be enforced in the territory or the Other Contracting Party. The enforcement procedure shall be in compliance with the legislation or the Contracting Party where it takes place in so for as such legislation governs the enforcement of such decisions and documents in the territory of that Contracting Party. The decision or document shall be accompanied by a certification indicating its enforceability.

ARTICLE 23
Payment of benefits
The institutions paying the benefits may discharge their obligations under this Agreement in their national currency.

The provisions in the legislation or one of the Contracting Parties with regard to exchange control may not obstruct the free transfer of financial amounts resulting from the implementation or this Agreement.

ARTICLE 24
Resolution of disputes

1. Disputes which arise in interpreting or applying this Agreement shall be resolved, to the extent possible, by the competent authorities.
2. Should the competent authorities be unable to resolve such disputes, pursuant to paragraph 1, the Contracting Parties shall endeavor to do so by negotiations through diplomatic channels.

ARTICLE 25
Payments that are not due

When the institution of one of the Contracting Parties has paid to a beneficiary a sum that exceeds the amount of benefit he is entitled to, this institution may request that the benefit-paying institution of the Other Contracting Party deduct the excess amount from the sum it pays the said beneficiary, under the conditions and within the limits specified by the applicable legislation. The latter institution shall make the deduction and transfer the amount so deducted to the former institution.

PART V

ARTICLE 26
Events prior to the coming into force of the Agreement

1. This Agreement shall also apply to events which occurred prior to its coming into force.
2. This Agreement shall not create any entitlement to benefits for any period prior to its coming into force.
3. All insurance periods completed under the legislation of one of the Contracting Parties prior to the date on which this Agreement comes into force shall be taken into consideration in determining entitlement to any benefit in accordance with the provisions of this Agreement.
4. This Agreement shall not apply to rights that were liquidated by the granting of a lump sum payment or the reimbursement of contributions.

ARTICLE 27
Revision, proscription, forfeiture

1. Any benefit that was not paid or that was suspended by reason of the nationality of a beneficiary or by reason of his residence outside the territory of one Contracting Party, shall, upon application by that beneficiary, be paid or restored on the date of entry into force of this Agreement.
2. The entitlement of beneficiaries who, prior to the coming into force or this Agreement, obtained the payment of a benefit may be revised upon application by those persons, in accordance with the provisions of this Agreement. In no case shall such a revision result in a reduction or the prior entitlement of the beneficiaries.
3. If the application referred to in paragraph 1 or 2 or this Article is made within two years of the entry into force of this Agreement, any entitlement arising from the implementation of this Agreement shall be effective from the date, and the legislation of either Contracting Party concerning the forfeiture or the proscription of rights shall not be applicable to such beneficiaries.
    
4. If the application referred to in paragraph 1 or 2 of this Article is made after two years following the coming into force of this Agreement, the rights which are not subject to forfeiture or which are not proscribed shall be acquired from the date of the application, unless more favorable legislative provisions of the Contracting Party concerned are applicable.

ARTICLE 28
Duration

This Agreement is concluded without any limitation on its duration. It may be terminated by either Contracting Party giving twelve months’ notice in writing to the other Party by diplomatic note.

ARTICLE 29
Guarantee of rights that are acquired or in the course of acquisition
In the event or termination of this Agreement, any rights and payment of benefits acquired by virtue of the Agreement shall be maintained. The Contracting Parties shall make arrangements regarding the rights in the course of acquisition.

ARTICLE 30
Entry into force
This Agreement shall enter into force on the first day of the third month following the date of receipt of the diplomatic note through which the last of both Contracting Parties will have given notice by diplomatic channel to the Other Contracting Party that all required internal legal formalities have been accomplished.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed the Agreement.

Done in duplicate at Quezon City this 23rd day of March, 2009, which corresponds to _____________ in the Hebrew calendar, in the Hebrew and English languages, each text being equally authentic. In case of divergence in interpretation, the English text will prevail.    
   
 

Entry into Force: February 25, 2013