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 — (a)
The following shall apply as regards benefits payable under the Canada Pension Plan: (a) For purposes of determining eligibility for benefits payable under the Canada Pension Plan through the application of Article 12, a year including at least three months of coverage under German legislation shall be considered as a year for which contributions have been made under the Canada Pension Plan. (b) (i) If a person is not entitled to a disability pension, disabled contributor’s child’s benefit, survivor’s pension, orphan’s benefit, or death benefit solely on the basis of the periods creditable under the Canada Pension Plan, but is entitled to that benefit through totalizing periods of coverage as provided in Article 12, the competent institution of Canada shall calculate the amount of the earnings-related portion of such benefit in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings credited under that legislation. (ii) The amount of the flat rate portion of the benefit payable under the provisions of this Agreement shall, in this case, be determined by multiplying: the amount of the flat rate portion of the benefit determined under the provisions of the Canada Pension Plan by the ratio that the periods of contributions to the Canada Pension Plan represent in relation to the minimum qualifying period for entitlement to that benefit under the Canada Pension Plan. (c) No benefit shall be paid under this Article unless the contributor has reached an age at which his contributory period, as defined in the Canada Pension Plan, is at least equal to the minimum qualifying period under the legislation of Canada for entitlement to the benefit in question.
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 benefits payable under the Canada Pension Plan through the application of Article 12, a year including at least three months of coverage under German legislation shall be considered as a year for which contributions have been made under the Canada Pension Plan.
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 not entitled to a disability pension, disabled contributor’s child’s benefit, survivor’s pension, orphan’s benefit, or death benefit solely on the basis of the periods creditable under the Canada Pension Plan, but is entitled to that benefit through totalizing periods of coverage as provided in Article 12, the competent institution of Canada shall calculate the amount of the earnings-related portion of such benefit in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings credited under that legislation. (ii) The amount of the flat rate portion of the benefit payable under the provisions of this Agreement shall, in this case, be determined by multiplying: the amount of the flat rate portion of the benefit determined under the provisions of the Canada Pension Plan by the ratio that the periods of contributions to the Canada Pension Plan represent in relation to the minimum qualifying period for entitlement to that benefit under the Canada Pension Plan.
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 flat rate portion of the benefit payable under the provisions of this Agreement shall, in this case, be determined by multiplying: the amount of the flat rate portion of the benefit determined under the provisions of the Canada Pension Plan by the ratio that the periods of contributions to the Canada Pension Plan represent in relation to the minimum qualifying period for entitlement to that benefit under the Canada Pension Plan.
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
the amount of the flat rate portion of the benefit determined under the provisions of the Canada Pension Plan by
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
the ratio that the periods of contributions to the Canada Pension Plan represent in relation to the minimum qualifying period for entitlement to that benefit under the Canada Pension Plan.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (c)
(c) No benefit shall be paid under this Article unless the contributor has reached an age at which his contributory period, as defined in the Canada Pension Plan, is at least equal to the minimum qualifying period under the legislation of Canada for entitlement to the benefit in question.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (1)
(1) The institutions, associations of German institutions, and authorities of the Contracting States shall provide mutual assistance to each other in the application of the legislation specified in Article 2(1) and in the implementation of this Agreement, in the same manner in which they apply their own legislation. With the exception of any cash expenditures relating thereto, such assistance shall be provided free of charge.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (2)
(2) The institution of one Contracting State, when requested by the institution of the other Contracting State, shall, to the extent permitted by its legislation, provide to that institution free of charge any medical data and documents in its possession relating to the general disability of an applicant or beneficiary.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (3)
(3) If the institution of one Contracting State requires an applicant or beneficiary to undergo a medical examination, such examination, on the request of that institution and at its expense, shall be arranged or carried out by the institution of the other Contracting State where the applicant or beneficiary resides.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (1)
(1) Where, under the legislation of one Contracting State, documents submitted to an authority or institution of that Contracting State are partly or fully exempt from administrative charges, including consular fees, this exemption shall also apply to documents which are submitted to an authority or institution of the other Contracting State in accordance with its legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (2)
(2) Documents which, in the application of the legislation specified in Article 2(1), must be submitted to an authority or institution of one Contracting State, may be submitted to an authority or institution of the other Contracting State without authentication or any other similar formality.
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
In applying the legislation specified in Article 2(1), and in implementing this Agreement, the agencies referred to in Article 16(1) may communicate in their respective official languages directly with each other as well as with persons concerned and with their representatives. Decisions of courts and notifications from an institution of one Contracting State may be communicated directly to persons residing in the territory of the other Contracting State and may be sent by registered mail with return receipt.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (1)
(1) If a claim for a benefit payable under the legislation of one Contracting State has been submitted to an agency of the other Contracting State which, under the legislation of the latter State, is competent to receive an application for a corresponding benefit, that application shall be deemed to have been submitted to the competent institution of the first Contracting State. This provision shall apply, as appropriate, to other claims, notices or appeals.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (2)
(2) A claim, notice or appeal received by an agency of one Contracting State shall be forwarded by that agency without delay to the competent agency 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 — (3)
(3) A claim for a benefit payable under the legislation of one Contracting State shall be deemed to be an application for the corresponding benefit payable under the legislation of the other Contracting State. However, the foregoing shall not apply if the applicant explicitly requests that the determination of entitlement under the legislation of the latter State be deferred in cases where, under the legislation of the latter State, he may choose the date which is to be used in determining when the conditions for entitlement have been met.
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
The transmission of any information about an individual or any business or industrial secret made in accordance with this Agreement, or in accordance with any arrangement for the implementation of this Agreement, shall be governed by the respective national laws concerning the protection of data. Unless disclosure is required under the laws of a Contracting State, such information shall be treated as confidential by the recipient and shall be used only for purposes of implementing this Agreement and the legislation to which this Agreement applies.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (1)
(1) The governments or competent authorities of the Contracting States may conclude Implementing Arrangements (Durchführungsvereinbarungen) which will establish the conditions and administrative procedures required to implement this Agreement. The competent authorities shall keep each other informed about any amendments or additions to their legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (2)
(2) The liaison agencies of the Contracting States shall be designated in an Implementing Arrangement.
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
Cash benefits may be validly paid by an institution of one Contracting State to a person staying in the territory of the other Contracting State in the currency of either Contracting State. If remittance is made in the currency of the other Contracting State, the conversion rate shall be the rate of exchange in effect on the day when the remittance is made.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (1)
(1) Disputes between the two Contracting States regarding the interpretation or application of this Agreement shall, as far as possible, be resolved by the competent authorities.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (2)
(2) If a dispute cannot be resolved by the competent authorities, it shall be submitted to a joint ad hoc commission.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (1)
(1) This Agreement shall not establish any entitlement to benefits for any period prior to its entry into force.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (2)
(2) In the implementation of this Agreement, consideration shall be given to the relevant facts obtaining under the terms of the legislation of the Contracting States before the entry into force of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (3)
(3) The provisions of this Agreement shall apply irrespective of the legal force of decisions made before the entry into force of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (4)
(4) Cash benefits awarded before the entry into force of this Agreement, where applicable by virtue of the Convention of March 30, 1971, may be recalculated ex officio in accordance with the provisions of this Agreement. If such recalculation, whether on application or ex officio, results in no entitlement or in entitlement in a lesser amount than that last paid for any period prior to the entry into force of this Agreement, the same amount of cash benefits as previously paid shall continue to be paid, paragraph (3) notwithstanding.
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
The attached Final Protocol is part of this Agreement.
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
The Government of the Federal Republic of Germany and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada insofar as those understandings are not inconsistent with the provisions of this Agreement.
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
This Agreement shall also apply to Land Berlin, provided that the Government of the Federal Republic of Germany does not make a contrary declaration to the Government of Canada within three months of the date of entry into force of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (1)
(1) This Agreement shall be subject to ratification. The instruments of ratification shall be exchanged in Ottawa as soon as possible.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (2)
(2) This Agreement shall enter into force on the first day of the second month following the final day of the month in which the instruments of ratification are exchanged.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (3)
(3) With the entry into force of this Agreement, the following shall be terminated: (a) the Agreement between the Government of the Federal Republic of Germany and the Government of Canada Concerning the Pension Insurance of Persons of Non-German Nationality Locally Employed at Official Missions and Posts of the Federal Republic of Germany in Canada, signed on December 19, 1969; and (b) the Convention on Social Security between the Federal Republic of Germany and Canada, signed on March 30, 1971.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (a)
(a) the Agreement between the Government of the Federal Republic of Germany and the Government of Canada Concerning the Pension Insurance of Persons of Non-German Nationality Locally Employed at Official Missions and Posts of the Federal Republic of Germany in Canada, signed on December 19, 1969; and
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (b)
(b) the Convention on Social Security between the Federal Republic of Germany and Canada, signed on March 30, 1971.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (1)
(1) This Agreement shall be concluded for an indefinite period. Either of the Contracting States may terminate this Agreement on the 31st day of December of any year by giving notice in writing to the other Contracting State not later than the 31st day of December of the preceding year.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (2)
(2) In the event of termination by denunciation, the provisions of this Agreement shall continue to apply in respect of claims to benefits acquired not later than the effective date of that termination; negotiations shall take place for the settlement of any rights in the course of acquisition by virtue of the provisions of this Agreement.
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
At the time of the signing of the Agreement on Social Security concluded this day between Canada and the Federal Republic of Germany, the plenipotentiaries of both Contracting States stated that they were in agreement on the following points:
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — 1
1 With reference to Article 1(1)(g) of the Agreement: As regards Canada, a period of receipt of a disability pension under the Canada Pension Plan shall be considered equivalent to a period of coverage.
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, a period of receipt of a disability pension under the Canada Pension Plan shall be considered equivalent to a period of coverage.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — 2
2 With reference to Article 2 of the Agreement: (a) Part II of the Agreement shall not apply to the Steelworkers’ Supplementary Insurance and to the Farmers’ Old Age Assistance of the Federal Republic of Germany. (b) Where under German legislation both the conditions for the application of the Agreement and the conditions for the application of any other convention or supranational arrangement are satisfied, the German institution shall disregard that other convention or supranational arrangement when applying the Agreement. (c) Article 2(2) and the preceding subparagraph shall not apply if the social security legislation, which arises for the Federal Republic of Germany from international treaties or supranational laws or is designed to implement them, contains provisions relating to the apportionment of insurance burdens. (d) The Agreement shall apply to laws and regulations which extend the existing legislation of Canada to other categories of beneficiaries or other types of benefits only if no objection on the part of Canada has been communicated to the Federal Republic of Germany within three months of notification of such laws or regulations.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (a)
(a) Part II of the Agreement shall not apply to the Steelworkers’ Supplementary Insurance and to the Farmers’ Old Age Assistance of the Federal Republic of Germany.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (b)
(b) Where under German legislation both the conditions for the application of the Agreement and the conditions for the application of any other convention or supranational arrangement are satisfied, the German institution shall disregard that other convention or supranational arrangement when applying the Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (c)
(c) Article 2(2) and the preceding subparagraph shall not apply if the social security legislation, which arises for the Federal Republic of Germany from international treaties or supranational laws or is designed to implement them, contains provisions relating to the apportionment of insurance burdens.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federal Republic of Germany in Force April 1, 1988 — (d)
(d) The Agreement shall apply to laws and regulations which extend the existing legislation of Canada to other categories of beneficiaries or other types of benefits only if no objection on the part of Canada has been communicated to the Federal Republic of Germany within three months of notification of such laws or regulations.