Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:21:p2
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 21 (pt 2/13)
Character Range: 728109–731123

a benefit, pension or allowance for which provision is made in the Australian legislation as specified in paragraph 1 (b)(i) of Article 2, and includes any additional amount, increase or supplement that is payable in addition to that benefit, pension or allowance to or in respect of a person who qualifies for that additional amount, increase or supplement under the Australian legislation as specified in paragraph 1 (b)(i) of Article 2 but, does not include any benefit, payment or entitlement under the law concerning the superannuation guarantee as specified in paragraph 1 (b)(ii) of Article 2.

   2. Any term not defined in this Article shall have the meaning assigned to it in the legislation of the Contracting Parties specified in Article 2.

Article 2
Legislative Scope

   1. This Agreement shall apply to the following legislation:

       (a) As regards Korea,

          (i) the National Pension Act and enforcement rules and regulations thereof; and

          (ii) with regard to benefits under the Agreement, the provisions of the legislation under the preceding sub‑paragraph (a)(i) concerning old age pension and lump‑sum refund;

       (b) As regards Australia,

          (i) the Acts forming the social security law in so far as the law provides for, applies to or affects, age pension; and

          (ii) the law concerning the superannuation guarantee: the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992 and the Superannuation Guarantee (Administration) Regulations.

   2. Unless otherwise provided in this Agreement, the legislation referred to in paragraph 1 of this Article shall not include treaties or other international agreements on social security that may be concluded between one Contracting Party and a third State.

   3. This Agreement shall also apply to future legislation which amends, supplements, consolidates or supersedes the legislation specified in paragraph 1 of this Article. However, this Agreement shall not apply to the future legislation which extends the existing legislation of one Contracting Party to new categories of beneficiaries unless the Competent Authorities of the Contracting Parties agree otherwise.

Article 3
Personal Scope

This Agreement shall apply to any person who:

       (a) is or has been an Australian resident; or

       (b) is or has been subject to the legislation of Korea;

and, where applicable, to other persons in regard to the rights derived from the person described above.

Article 4
Equality of Treatment

Unless otherwise provided in this Agreement, all persons to whom this Agreement applies in accordance with Article 3 shall be treated equally by a Contracting Party in the application of its legislation regarding eligibility for and payment of benefits which arise whether directly under the legislation of that Contracting Party or by virtue of this Agreement.

Article 5
Export of Benefits

   1. Unless otherwise provided in this Agreement, any provision