Proclamation Amending the Agreement on Social Security Between Canada and the Republic of Finland in Force January 1, 1997 — Proclamation Amending the Agreement on Social Security Between Canada and the Republic of Finland in Force January 1, 1997
Chapter 2 of Part III of the Agreement is deleted and the following Chapter substituted in its place: “CHAPTER 2 Benefits Under the Legislation of Finland ARTICLE X Benefits under the National Pensions Scheme 1 Entitlement to and payment of a pension under the National Pensions Act and the Survivors’ Pensions Act shall, in respect of a citizen of a Party residing in the territory of a Party, be determined according to the provisions of this Article. 2 A person referred to in paragraph 1 of this Article shall be entitled to an old age pension if he or she has resided in Finland for an unbroken period of at least three years after having reached the age of 16. 3 A person referred to in paragraph 1 of this Article shall be entitled to a widow’s or widower’s pension if he or she and the deceased spouse have resided in Finland for an unbroken period of at least three years after having reached the age of 16, and the deceased spouse was a citizen of a Party and resided in the territory of a Party at the time of death. 4 A person referred to in paragraph 1 of this Article shall be entitled to an orphan’s pension if the deceased parent had resided in Finland for an unbroken period of at least three years after having reached the age of 16, and was a citizen of a Party and resided in the territory of a Party at the time of death. 5 If an old age, disability or survivor’s pension is granted to a citizen of a Party while residing in Finland and he or she subsequently takes up residence in Canada, that person shall be entitled to receive that pension in Canada if he or she had resided in Finland for an unbroken period of at least three years after having reached the age of 16. ARTICLE X.A Benefits under the Employment Pensions Scheme 1 Unless otherwise provided in this Article, the competent institution of Finland shall apply the legislation of Finland for the purpose of determining entitlement to a benefit under the Employment Pensions Scheme and the amount of that benefit. 2 If a person who becomes disabled or dies does not fulfil the condition relating to residence under the Finnish legislation concerning the Employment Pensions Scheme for the purpose of meeting the requirement regarding the future period, creditable periods under the Canada Pension Plan shall be taken into account for that purpose as though they were periods completed in Finland, provided that they do not overlap. 3 If employment or self-employment in Finland has terminated and the pension according to the Finnish legislation concerning the Employment Pensions Scheme no longer includes the future period, and if the contingency giving rise to a benefit occurs during employment or self-employment subject to the Canada Pension Plan , creditable periods under the Canada Pension Plan shall be taken into account by the competent institution of Finland for the purpose of meeting the requirement regarding the future period. 4 In any case in which paragraph 2 or 3 of this Article applies, the competent institution of Finland shall calculate the amount of the benefit as follows: (a) The amount of the benefit based on the actual creditable periods under the legislation of Finland shall be calculated according to the provisions of the Finnish legislation concerning the Employment Pensions Scheme . (b) The amount of the benefit based on the period between the occurrence of the contingency and the pensionable age shall be prorated based on the ratio between the actual creditable periods under the Finnish legislation concerning the Employment Pensions Scheme and 480 months.”