Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
At the time of signing the Convention on Social Security between Canada and the Swiss Confederation, the undersigned plenipotentiaries stated that they are in agreement on the following points: 1 Paragraph 1 of Article 4 shall not apply to the Swiss legal provisions on a) voluntary Old Age, Survivors and Disability Insurance of Swiss nationals residing abroad; b) Old Age, Survivors and Disability Insurance of Swiss nationals working abroad for an employer in Switzerland and being paid by that employer; c) welfare allowances granted to Swiss nationals residing abroad. 2 The provisions of the Convention shall not prevent the application of a provision of the legislation of Switzerland which would be more advantageous to persons with respect to benefits. 3 With respect to paragraph 1 of Article 6, the income a person receives from gainful employment in the territory of Canada shall not be taken into account in the calculation of contributions required under the legislation of Switzerland. 4 The spouse and children accompanying a detached person in Switzerland within the meaning of Article 7 shall be exempted from coverage under the legislation of Switzerland in so far as they are not pursuing gainful employment in Switzerland. 5 The spouse and children accompanying a detached person in Canada within the meaning of Article 7 shall remain insured under the legislation of Switzerland in so far as they are not pursuing gainful employment in Canada. 6 Canadian nationals residing in Switzerland who leave Switzerland for a period not exceeding two months shall not interrupt their residence in Switzerland within the meaning of Article 14, paragraph 2. 7 Canadian nationals not domiciled in Switzerland who have had to forsake gainful employment in that country because of an accident or illness and who benefit from Swiss Disability Insurance rehabilitation measures or who have lived in Switzerland until the occurrence of the insured contingency shall be considered insured under the legislation of Switzerland for entitlement to benefits under Disability Insurance. Such persons shall be required to pay contributions to Old Age, Survivors and Disability Insurance as if they were domiciled in Switzerland. 8 With respect to Article 16, the duration of residence in Switzerland of a Canadian national shall be considered as uninterrupted by a sojourn outside the territory of Switzerland for a period not exceeding three months within a calendar year. However, a period of residence in Switzerland during which a Canadian national has been exempt from coverage to Swiss Old Age, Survivors and Disability Insurance shall not be considered a period of residence for purposes of Article 16. 9 The refund of contributions paid under the legislation of Switzerland, carried out in accordance with the provisions of Swiss laws on the refund of contributions to foreigners and stateless persons, shall not bar the payment of extraordinary pensions in accordance with Article 16. In such cases, however, the amount of contributions refunded shall be charged against benefits to be paid.