Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:13:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 13 (pt 6/16)
Character Range: 427423–430178

to the laws of the first Party, and, if the spouse of the employee also meets the conditions specified in subparagraphs (iii)‑(v), the spouse and the Government of the first Party shall be subject only to the laws of the first Party for that employment.  For the purposes of this paragraph, "Government" includes, in relation to the United States, an instrumentality of the United States and, in relation to Australia, a political subdivision or local authority of Australia.
    13. The Competent Authorities of the two Parties may for the purposes of this Article by agreement in writing:
         (a) extend the period of 5 years referred to in paragraph 3 for any employee; or
         (b) provide that an employee is deemed to work in the territory of a particular Party or on a ship or aircraft in international traffic under the laws of a particular Party and is subject only to the laws of that Party.
    14. Any agreement made under paragraph 13 may apply to either or both of the following:
         (a) a class of employees;
         (b) particular work or a particular type of work (including work that has not occurred at the time such agreement is made).

PART III
Provisions on Benefits

Article 7
United States Benefits
    1. Where a person has completed at least six quarters of coverage under United States laws, but does not have sufficient periods of coverage to satisfy the requirements for entitlement to benefits under United States laws, the Agency of the United States shall take into account, for the purpose of establishing entitlement to benefits under this Article, periods of Australian working life residence which do not coincide with periods of coverage already credited under United States laws.
    2. In determining eligibility for benefits under paragraph 1 of this Article, the Agency of the United States shall credit one quarter of coverage for every three months of Australian working life residence certified by the Agency of Australia; however, no period of Australian working life residence shall be credited for any calendar quarter already credited as a quarter of coverage under United States laws.  The total number of quarters of coverage to be credited for a year shall not exceed four.
    3. Where entitlement to a benefit under United States laws is established according to the provisions of paragraph 1, the Agency of the United States shall compute a pro rata Primary Insurance Amount in accordance with United States laws based on (a) the person's average earnings credited exclusively under United States laws and (b) the ratio of the duration of the person's periods of coverage completed under United States laws to the duration of a coverage lifetime as determined in accordance with United