Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:21:p5
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 21 (pt 5/13)
Character Range: 735864–738736

Contracting Party); and

       (c) is working in the territory of the second Contracting Party in the employment of the Government of the first Contracting Party; and

       (d) is not working permanently in the territory of the second Contracting Party;

   the employer of the employee and the employee shall be subject only to the legislation of the first Contracting Party in respect of the work and the remuneration paid for the work. For the purposes of this paragraph, the term "Government" includes a political subdivision or local authority or any entity treated as such by either Contracting Party.

Article 12
Modification Provision

The Competent Authorities of both Contracting Parties or the agencies designated by them may agree to grant an exception to the provisions of this Part with respect to particular persons or categories of persons provided that any affected person shall be subject to the legislation of one Contracting Party.

PART III
Provisions relating to Korean Benefits

Article 13
Totalisation and Calculation of Pensions

   1. For the purposes of this Article a period of Australian working life residence means a period:

       (a) defined as such in the legislation of Australia; and

       (b) during which the person was employed or self‑employed or the person's employer was subject to the legislation specified in paragraph 1(b)(ii) of Article 2.

   2. When periods of coverage have been completed under the legislation of Korea, the agency of Korea shall, in determining eligibility for benefits under the legislation which it applies, take into account, if necessary, periods of Australian working life residence, provided that such periods do not overlap with periods of coverage under the legislation of Korea.

   3. The calculation of the pension shall be determined by the legislation of Korea unless otherwise provided in this Agreement.

   4. Where periods of Australian working life residence are taken into account to establish eligibility for benefits under the legislation of Korea in accordance with paragraph 2 of this Article, the benefit due shall be determined as follows:

       (a) the agency of Korea shall first compute a pension amount equal to the amount that would have been payable to the person if the total of the periods of Australian working life residence and periods of coverage in Korea had been completed under the legislation of Korea. To determine the pension amount, the agency of Korea shall take into account the person's average standard monthly income while covered under the legislation of Korea; and

       (b) the agency of Korea shall calculate the partial benefit to be paid in accordance with the legislation of Korea based on the pension amount calculated according to the preceding subparagraph, in proportion to the ratio of the duration of the periods of coverage taken