Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:19:p9
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 19 (pt 9/14)
Character Range: 665868–668789

to become entitled to a social insurance benefit under Norwegian legislation, periods of Australian working life residence and insurance periods completed under Norwegian legislation shall, if necessary, be totalised, provided that the person concerned has completed at least

        (a) one year of occupational activity in Norway; or

        (b) three years residence in Norway

     prior to the contingency and within the age limits which apply for pension earning under Norwegian legislation.

     2. To become entitled to a supplementary pension under Norwegian legislation, pension points for at least one year must have been credited. In respect of such pensions, periods of Australian working life residence to be taken into account under the provisions of paragraph 1, shall be periods in which the person concerned was gainfully occupied in Australia.

     3. In respect of entitlement to a pension as a surviving spouse or child, the periods to be totalised under paragraphs 1 and 2 shall be the deceased person's periods as mentioned.

ARTICLE 19

Calculation of Norwegian Benefits

     1. If entitlement to a benefit exists under Norwegian legislation without recourse to the provisions of this Agreement, the benefit shall be calculated in accordance with the provisions of Norwegian legislation.

     2. If entitlement to a benefit exists only according to the provisions of this Agreement, the benefit shall be calculated by:

        (a) determining the benefit which would have been payable if the person's periods of Australian working life residence had been insurance periods in Norway, and

        (b) multiplying the benefit arrived at under subparagraph (a) by the person's actual insurance periods in Norway and dividing the product by the sum of the person's insurance period in Norway and periods of Australian working life residence.

     3. If the person's total insurance period in Norway, or the sum of such periods and periods of Australian working life residence, exceeds 40 years, the actual period, or sum of periods, shall be replaced by the figure "40" for the purposes of paragraph 2.

     4. For the purposes of paragraphs 2 and 3, the provisions of Article 18 paragraphs 2 and 3 shall apply correspondingly. A supplementary pension under paragraph 2 shall be calculated on the basis of the average annual pension point figure for the years during which the person concerned has been credited with pension points under Norwegian legislation. If the person has been credited with pension points for more than 20 years, the basis shall be the average figure for the 20 best years.

     5. In respect of pensioners who are resident in Australia, Australian income tested benefits shall not be taken into account for the purpose of the income testing of supplements under Norwegian legislation for supported spouse and/or children

ARTICLE 20

  Transitional Provisions

In