GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (2)
(2) Benefits under the legislation of one Contracting State shall be awarded to nationals of the other Contracting State, resident outside the territories of both Contracting States, under the same conditions as they are awarded to the nationals of the first Contracting State who reside outside the territories of the Contracting States.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988
Unless otherwise provided in this Agreement, the legislation of one Contracting State which requires that entitlement to or the payment of cash benefits be dependent on residence in the territory of that Contracting State shall not be applicable to the persons specified in subparagraphs (a), (b), (c) and (d) of Article 3 who reside in the territory of the other Contracting State.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (1)
(1) Except as otherwise provided in Articles 7 to 10, the coverage of an employee shall be determined only by the legislation of the Contracting State in whose territory he is employed.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (2)
(2) In paragraph (1) and in Articles 7 to 10, “legislation” means, as regards the Federal Republic of Germany, the legislation described in Article 2(1)(a) insofar as it relates to mandatory pension coverage, and, as regards Canada, the legislation described in Article 2(1)(b)(ii).
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988
as regards the Federal Republic of Germany, the legislation described in Article 2(1)(a) insofar as it relates to mandatory pension coverage, and,
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988
as regards Canada, the legislation described in Article 2(1)(b)(ii).
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988
When an employee who is employed in a Contracting State is sent by his employer to the other Contracting State within the context of that employment to perform services for that employer, only the legislation of the first Contracting State shall apply, in respect of those services, during the first sixty calendar months of the employment in the second Contracting State as though the employee were still employed in the territory of the first Contracting State.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988
When, but for the application of this Article, a person employed as a member of the crew of a seagoing ship would be subject to the legislation of both Contracting States, only the German legislation shall apply in respect of that employment if the ship is entitled to fly the flag of the Federal Republic of Germany, and only the legislation of Canada shall apply in any other case.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (1)
(1) When a person is employed by the government or other public employer of a Contracting State in the territory of the other Contracting State, the legislation of that other Contracting State shall apply to him in respect of that employment only if he is a national of that Contracting State or if he resided in its territory before the beginning of that employment and continues to reside there.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (2)
(2) In the case of the person described in paragraph (1) who resided in the territory of the second Contracting State before the beginning of the employment and who continues to reside there, the legislation of the latter Contracting State shall not apply to him in respect of that employment if he is a national of the first Contracting State and within six months from the beginning of the employment, he elects to have the legislation of that Contracting State apply to him. The election shall be made by giving notice to the employer. The legislation shall apply from the date of the notice.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (1)
(1) At the request of the employee and his employer, the competent authorities of the Contracting States, or the agencies which they have designated for that purpose, may, by common agreement, permit exceptions in the application of Articles 6 to 9, provided that the person affected will be subject to the legislation of one or the other of the Contracting States.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (2)
(2) Paragraph (1) shall also apply in respect of persons who are not employees but who are nevertheless subject to the legislation described in Article 6 (2).
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (a)
For the purposes of the Old Age Security Act of Canada: (a) if a person, other than a member of the crew of a seagoing ship, is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during any period of residence in the territory of the Federal Republic of Germany, that period shall be considered as a period of residence in Canada for that person as well as for his spouse and dependants who reside with him and who are not subject to the German legislation regarding mandatory pension coverage; (b) if a person, other than a member of the crew of a seagoing ship, is subject to the German legislation regarding mandatory pension coverage during any period of residence in the territory of Canada, that period shall not be considered as a period of residence in Canada for that person or for his spouse or dependants who reside with him and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment or self-employment; (c) if the person referred to in the preceding subparagraph becomes subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada, by virtue of occupying simultaneously more than one employment or self-employment, that period shall not be considered as a period of residence in Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (a)
(a) if a person, other than a member of the crew of a seagoing ship, is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during any period of residence in the territory of the Federal Republic of Germany, that period shall be considered as a period of residence in Canada for that person as well as for his spouse and dependants who reside with him and who are not subject to the German legislation regarding mandatory pension coverage;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (b)
(b) if a person, other than a member of the crew of a seagoing ship, is subject to the German legislation regarding mandatory pension coverage during any period of residence in the territory of Canada, that period shall not be considered as a period of residence in Canada for that person or for his spouse or dependants who reside with him and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment or self-employment;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (c)
(c) if the person referred to in the preceding subparagraph becomes subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada, by virtue of occupying simultaneously more than one employment or self-employment, that period shall not be considered as a period of residence in Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988
When creditable periods of coverage have been completed under the legislation of both Contracting States, the competent institution of each Contracting State shall, in determining eligibility for benefits under the legislation which it applies, take into account, to the extent necessary, periods which are creditable under the legislation of the other Contracting State, provided that such periods do not overlap with periods creditable under its legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (a)
The following shall apply as regards the Federal Republic of Germany: (a) The periods of coverage to be taken into account under Article 12 shall be assigned to that branch of insurance whose institution is responsible for determining entitlement to a pension if only German legislation is applied. If, according to the foregoing, the Miners’ Pension Insurance is the competent institution, periods of coverage completed under the legislation of Canada shall be taken into account for the Miners’ Pension Insurance only if they were completed in a mining enterprise in underground operations. (b) For purposes of determining eligibility for a benefit payable under German legislation through the application of Article 12: (i) a month ending on or before December 31, 1965, which is recognized as a month of residence under the Old Age Security Act of Canada shall be considered as a month of contributions under German legislation; (ii) a year commencing on or after January 1, 1966, in which a contribution has been made under the Canada Pension Plan shall be considered as twelve months of contributions under German legislation; (iii) a month commencing on or after January 1, 1966, which is recognized as a month of residence under the Old Age Security Act of Canada and in relation to which no contribution has been made under the Canada Pension Plan shall be considered as a month of contributions under the German legislation. (c) The pension computation base (Rentenbemessungsgrundlage) shall be determined solely on the basis of the periods of coverage to be considered under German legislation. (d) If the requirements for entitlement to a pension are met only by applying Article 12, half of the amount of the benefit which is attributable to a creditable additional period of coverage (Zurechnungszeit) shall be payable. (e) If the requirements for entitlement to an orphans’ pension (Waisenrente) are met only by applying Article 12, half of the supplement (Erhöhungsbetrag) shall be payable. (f) With regard to the termination of a miner’s compensation benefit (Knappschaftsausgleichsleistung) for a miner who has given up employment as a miner, a Canadian mining enterprise shall be considered equivalent to a German mining enterprise. (g) When the liability for mandatory coverage in respect of a self-employed craftsman is conditional upon payment of a minimum number of contributions, periods of coverage completed under the Canada Pension Plan shall be taken into account for this purpose.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (a)
(a) The periods of coverage to be taken into account under Article 12 shall be assigned to that branch of insurance whose institution is responsible for determining entitlement to a pension if only German legislation is applied. If, according to the foregoing, the Miners’ Pension Insurance is the competent institution, periods of coverage completed under the legislation of Canada shall be taken into account for the Miners’ Pension Insurance only if they were completed in a mining enterprise in underground operations.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (b)
(b) For purposes of determining eligibility for a benefit payable under German legislation through the application of Article 12: (i) a month ending on or before December 31, 1965, which is recognized as a month of residence under the Old Age Security Act of Canada shall be considered as a month of contributions under German legislation; (ii) a year commencing on or after January 1, 1966, in which a contribution has been made under the Canada Pension Plan shall be considered as twelve months of contributions under German legislation; (iii) a month commencing on or after January 1, 1966, which is recognized as a month of residence under the Old Age Security Act of Canada and in relation to which no contribution has been made under the Canada Pension Plan shall be considered as a month of contributions under the German legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (i)
(i) a month ending on or before December 31, 1965, which is recognized as a month of residence under the Old Age Security Act of Canada shall be considered as a month of contributions under German legislation;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (ii)
(ii) a year commencing on or after January 1, 1966, in which a contribution has been made under the Canada Pension Plan shall be considered as twelve months of contributions under German legislation;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (iii)
(iii) a month commencing on or after January 1, 1966, which is recognized as a month of residence under the Old Age Security Act of Canada and in relation to which no contribution has been made under the Canada Pension Plan shall be considered as a month of contributions under the German legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (c)
(c) The pension computation base (Rentenbemessungsgrundlage) shall be determined solely on the basis of the periods of coverage to be considered under German legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (d)
(d) If the requirements for entitlement to a pension are met only by applying Article 12, half of the amount of the benefit which is attributable to a creditable additional period of coverage (Zurechnungszeit) shall be payable.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (e)
(e) If the requirements for entitlement to an orphans’ pension (Waisenrente) are met only by applying Article 12, half of the supplement (Erhöhungsbetrag) shall be payable.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (f)
(f) With regard to the termination of a miner’s compensation benefit (Knappschaftsausgleichsleistung) for a miner who has given up employment as a miner, a Canadian mining enterprise shall be considered equivalent to a German mining enterprise.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (g)
(g) When the liability for mandatory coverage in respect of a self-employed craftsman is conditional upon payment of a minimum number of contributions, periods of coverage completed under the Canada Pension Plan shall be taken into account for this purpose.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (a)
The following shall apply as regards benefits payable under the Old Age Security Act of Canada: (a) For purposes of determining eligibility for a pension or a spouse’s allowance payable under the Old Age Security Act through the application of Article 12, a period of residence in the territory of the Federal Republic of Germany, after the age at which periods of residence in Canada are creditable for purposes of that Act, shall be considered as a period of residence in the territory of Canada. (b) (i) If a person is entitled to payment of a pension in Canada under the Old Age Security Act without recourse to the provisions of this Agreement, but has not accumulated sufficient periods of residence in Canada to qualify for payment of the pension abroad under that Act, a partial pension shall be payable to him outside the territory of Canada if the periods of residence in the territories of the two Contracting States, when totalized as provided in Article 12, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad. (ii) The amount of the pension payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension, exclusively on the basis of the periods creditable under that legislation. (c) (i) If a person is not entitled to an Old Age Security pension or a spouse’s allowance solely on the basis of periods of residence in Canada, a partial pension or a spouse’s allowance shall be payable to him if the periods of residence in the territories of the two Contracting States, when totalized as provided in Article 12, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension or a spouse’s allowance. (ii) The amount of the pension or the spouse’s allowance payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse’s allowance, exclusively on the basis of the periods creditable under that legislation. (d) (i) Notwithstanding any other provision of this Agreement, the competent institution of Canada shall pay an Old Age Security pension outside the territory of Canada only if the periods of residence in the territories of the two Contracting States, when totalized as provided in Article 12, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for the payment of a pension abroad. (ii) The spouse’s allowance and the guaranteed income supplement shall be payable outside the territory of Canada only to the extent permitted by the Old Age Security Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (a)
(a) For purposes of determining eligibility for a pension or a spouse’s allowance payable under the Old Age Security Act through the application of Article 12, a period of residence in the territory of the Federal Republic of Germany, after the age at which periods of residence in Canada are creditable for purposes of that Act, shall be considered as a period of residence in the territory of Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (b)
(b) (i) If a person is entitled to payment of a pension in Canada under the Old Age Security Act without recourse to the provisions of this Agreement, but has not accumulated sufficient periods of residence in Canada to qualify for payment of the pension abroad under that Act, a partial pension shall be payable to him outside the territory of Canada if the periods of residence in the territories of the two Contracting States, when totalized as provided in Article 12, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad. (ii) The amount of the pension payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension, exclusively on the basis of the periods creditable under that legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (ii)
(ii) The amount of the pension payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension, exclusively on the basis of the periods creditable under that legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (c)
(c) (i) If a person is not entitled to an Old Age Security pension or a spouse’s allowance solely on the basis of periods of residence in Canada, a partial pension or a spouse’s allowance shall be payable to him if the periods of residence in the territories of the two Contracting States, when totalized as provided in Article 12, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension or a spouse’s allowance. (ii) The amount of the pension or the spouse’s allowance payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse’s allowance, exclusively on the basis of the periods creditable under that legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (ii)
(ii) The amount of the pension or the spouse’s allowance payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse’s allowance, exclusively on the basis of the periods creditable under that legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (d)
(d) (i) Notwithstanding any other provision of this Agreement, the competent institution of Canada shall pay an Old Age Security pension outside the territory of Canada only if the periods of residence in the territories of the two Contracting States, when totalized as provided in Article 12, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for the payment of a pension abroad. (ii) The spouse’s allowance and the guaranteed income supplement shall be payable outside the territory of Canada only to the extent permitted by the Old Age Security Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (ii)
(ii) The spouse’s allowance and the guaranteed income supplement shall be payable outside the territory of Canada only to the extent permitted by the Old Age Security Act.