Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:20:p9
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 20 (pt 9/17)
Character Range: 702217–705042

doesn't require any further verification of the fulfilment of the conditions concerning the disability of that person.

Article 15
Extraordinary Pensions

    1. Australian nationals shall under the same conditions as Swiss nationals be entitled to receive a Swiss extraordinary survivors' pension, disability pension or old age pension which replaces a disability or survivors' pension if, immediately before the date from which they claim the pension they have resided in Switzerland for a continuous period of not less than five years.

    2. For the purpose of paragraph 1:

         (a) no account shall be taken of any period during which the persons concerned were exempted of the Swiss old age, survivors' and disability insurance; and

         (b) a period of residence in Switzerland shall not be regarded as interrupted if the absence from Switzerland is not more than three months in any calendar year. The period of three months may be extended in exceptional cases.

Article 16
Refund of Contributions

    1. Instead of a Swiss pension, an Australian national who has left Switzerland definitively may, on application, obtain the refund of the contributions paid to the Swiss old‑age and survivors' insurance. Their survivor who has left Switzerland and is not a Swiss national may also apply for the refund. The refund is ruled by the Swiss legislation.

    2. Once the refund has been paid, no further claims can be asserted against the Swiss old‑age, survivors and disability insurance in respect of previous insurance periods.

PART IV

AUSTRALIAN BENEFITS

Article 17
Residence or Presence in Switzerland or a Third State

    1. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit, other than a carer payment, except for not being an Australian resident and in Australia on the day on which the claim is lodged, but:

         (a) is an Australian resident or a resident of Switzerland or a third State with which Australia has concluded an agreement on social security which includes provision for cooperation in the assessment and determination of claims for benefits and which includes that category of benefit; and

         (b) is in Australia, or the territory of Switzerland or that third State,

    that person, so long as he or she has been an Australian resident at some time, shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that day.

    2. The requirement for a person to have been an Australian resident at some time shall not apply to a person who claims double orphan pension.

Article 18
Totalisation for Australian Benefits

    1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated: