Proclamation Giving Notice that the Supplementary Agreement to the Agreement on Social Security between Canada and the Federal Republic of Germany Comes Into Force on December 1, 2003 — (16)
(16) The following point 12A shall be added after point 12 of the Final Protocol to the Agreement: “12A (a) Persons specified in subparagraphs (a) to (c) of Article 3 of the Agreement who, prior to the date on which the National Socialist sphere of influence extended to what was then their homeland, - belonged to the German language and cultural group, - had already attained age 16, and - had not acknowledged themselves to be ethnically German because they were Jewish, and who left the areas of expulsion within the meaning of Article 1, paragraph 2, number 3, of the German Federal Law on Displaced Persons , may, upon application, pay retroactive voluntary contributions to the German pensions insurance system, provided that periods of contributions or periods of employment under the Foreign Pensions Law become creditable for these persons for the first time as a result of Article 17A of the Foreign Pensions Law . The retroactive voluntary contributions may only be paid for periods after attainment of age 16 and before attainment of age 65 and starting with the time the National Socialist sphere of influence was extended to what was then their homeland. Contributions shall only be permitted for periods that have not already been credited as periods of contributions according to German laws. An event giving rise to eligibility for benefits which occurs prior to the expiration of the time limit for the payment of retroactive contributions shall not preclude the payment of these retroactive contributions. (b) Retroactive voluntary contributions according to subparagraph (a) may not exceed the amount necessary to permit payment of benefits based on periods creditable under Article 17A of the Foreign Pensions Law in accordance with the statutory pension provisions on payment of benefits to eligible persons abroad that were applicable in the territory of the Federal Republic of Germany - without the Acceding Territory (Beitrittsgebiet) - on 1 July 1990. (c) Notwithstanding the second sentence of subparagraph (a), persons who attained age 65 on or before 31 October 1991, and who, on 1 July 1990, do not meet the requirements for payment of benefits abroad through retroactive voluntary contributions pursuant to this Agreement, may pay voluntary contributions for the period from 1 July 1990, to 30 November 1991, but in an amount no greater than that which is necessary for the payment of the benefit abroad; for this purpose, the date of eligibility may be deferred to a point in time after attainment of age 65. (d) Contributions shall be paid in an amount of 43.19 Euro (84.48 Deutsche Mark) for each calendar month; for this purpose, the amount of retroactive voluntary contributions to be paid may be set off against the amount of any resulting benefits that are payable retroactively. For the computation of the insured person’s relevant German pension computation base, the values for the year 1994 shall be applied to the retroactively paid contributions. (e) For purposes of computing the benefit amount, the statutory pension provisions applicable within the territory of the Federal Republic of Germany — without the Acceding Territory — on 1 July 1990, including the provisions on benefit payments to eligible persons abroad, shall be applied, together with this Agreement. The provisions on revaluation of pensions based on Personal Remuneration Points (Article 307 of Volume VI of the Social Law Code ) shall be applied accordingly. The monthly amount of the benefit that is to be paid abroad shall be derived from the Pension Category Factor, as well as (i) the Personal Remuneration Points for contribution periods under Article 17A of the Foreign Pensions Law that are to be considered in accordance with the first sentence of this subparagraph (e); provided, however, that these shall be multiplied by the Present Pension Value (East) - but not more than 0.7 times the Present Pension Value - and a Pension Value of 8.16 Euro (15.96 Deutsche Mark) shall