R-9, r. 7 - Regulation respecting the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Federal Republic of Germany

Schedule Disposition versions

2012-09-01

SCHEDULE II

(s. 2)

FINAL PROTOCOL TO THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY

At the signing of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Federal Republic of Germany, the plenipotentiaries of the 2 Contracting Parties have agreed to the following provisions:

1. In regard to Article 2 of the Agreement:

(a) Title II of the Agreement does not apply to the steelworkers’ supplementary pension plan or to the farm workers’ old age pension plan of the Federal Republic of Germany.

(b) If, under the legislation of the Federal Republic of Germany, both the conditions for applying the Agreement and the conditions for applying any other convention or supranational arrangement are met, the German institution shall not take that other convention or supranational arrangement into account in applying the Agreement.

(c) Notwithstanding Paragraph 3 of Article 2 or Subparagraph b above, for the purposes of the Agreement, the German institutions deem the insurance periods completed under the Canada Pension Plan equivalent to insurance periods completed under the Québec Pension Plan.

(d) Paragraph 3 of Article 2 or Subparagraph b above do not apply if the social security legislation resulting for the Federal Republic of Germany from international treaties or supranational statutes or used in their implementation contains provisions respecting the apportionment of liability for insurance.

(e) The Agreement applies to Québec Acts and Regulations extending existing legislation to new categories of beneficiaries only if there is not, in that respect, opposition from Québec notified to the Federal Republic of Germany within 3 months from the official publication of those instruments.

2. In regard to Paragraph 2 of Article 4 and to Article 9 of the Agreement:

A Canadian citizen not residing in Québec but who is or has been subject to Québec legislation is deemed to be a Québec national.

3. In regard to Article 4 and Article 5 of the Agreement and to Paragraph c of Paragraph 4:

In the application of the legislation of the Federal Republic of Germany, the persons referred to in Paragraphs a to e of Article 3 who reside outside Québec, in Canada, shall receive the same treatment as Québec nationals.

4. In regard to Article 4 of the Agreement:

(a) The provisions respecting the apportionment of liability for insurance that may be included in international treaties are not affected.

(b) The legislation of the Federal Republic of Germany that guarantees the participation of insured persons and employers in self-governing agencies of institutions and their associations as well as judicial decisions regarding social security is not affected.

(c) The persons referred to in Paragraphs a to d of Article 3 of the Agreement, except for German nationals, who reside in the territory of Québec are eligible for voluntary insurance under the German pension insurance plan only if they have paid valid contributions to that plan for at least 60 calendar months, or if they were eligible for voluntary insurance under the transitional legislation in force before 19 October 1972. Such persons, except for those referred to in Paragraph d, are also eligible for German voluntary pension insurance if they have paid a voluntary contribution to a German pension plan not later than the day preceding the coming into force of the Agreement.

5. In regard to Article 5 of the Agreement:

(a) The legislation of the Federal Republic of Germany respecting cash benefits based on insurance periods completed under statutes other than federal acts is not affected.

(b) The legislation of the Federal Republic of Germany respecting medical and occupational rehabilitation benefits and supplementary rehabilitation benefits provided by pension plan institutions is not affected.

(c) Article 5 does not apply to a person residing in Québec in respect of a pension under the legislation of the Federal Republic of Germany that governs occupational disability, general disability or reduced work capacity remunerated to mineworkers, if the occupational disability, the general disability or the reduced work capacity remunerated to mineworkers is not caused solely by the state of health of that person.

6. In regard to Articles 6, 7, 8 and 10 of the Agreement:

Articles 6, 7, 8 and 10 are applicable by analogy to persons who, not being employees, are nevertheless subject to the legislation referred to in Paragraph 1 of Article 2.

7. In regard to Article 10 of the Agreement:

For the Federal Republic of Germany, any person not employed in its territory is deemed to be employed in the place of his previous employment. If he was not previously employed in the territory of the Federal Republic of Germany, he is deemed to be employed in the place where the head office of the competent German authority is located.

8. In regard to Article 11 of the Agreement:

(a) To the extent that the establishment of entitlement to benefits under the legislation of the Contracting Party requires that insurance periods have been completed within a certain period preceding the event establishing entitlement to benefits, the competent institution takes into consideration only admissible insurance periods completed during that period; it also takes into consideration admissible insurance periods completed solely under the legislation of the other Contracting Party.

(b) For the establishment of entitlement to benefits under Québec legislation, the competent Québec institution deems an insurance period any period during which a person received benefits consequent upon a reduction in his work capacity under the legislation of the Federal Republic of Germany.

(c) Where it is impossible to determine exactly which calendar year corresponds to an admissible insurance period completed under the legislation of one Contracting Party, that period is deemed not to overlap with an admissible insurance period completed under the legislation of the other Contracting Party.

(d) Article 11 applies by analogy to benefits granted at the discretion of an institution under the legislation of the Federal Republic of Germany.

(e) For the granting of supplementary benefits under the legislation of the Federal Republic of Germany governing the mineworkers’ pension plan, the insurance periods completed under Québec legislation are not taken into consideration.

(f) Periods of contribution to the Québec Pension Plan in regard to employment or self-employment are equivalent to the periods of employment or self-employment subject to compulsory insurance that are required for an application for a retirement pension before 65 years of age or an occupational or general disability pension under the legislation of the Federal Republic of Germany.

9. In regard to Article 13 of the Agreement:

(a) For the purposes of the legislation of the Federal Republic of Germany governing the calculation of pensions, in particular the provisions respecting the higher valuation for contributory periods where a minimum number of prescribed insurance years is completed or where a person has held employment subject to compulsory insurance for a prescribed period and has received remuneration in kind during that period, the insurance periods completed under Québec legislation or similar employment held in Québec are not taken into consideration.

(b) Mining businesses within the meaning of Paragraph a of Article 13 are business that mine minerals or similar substances according to mineworkers’ rules or rock and earth mainly in subterranean operations.

(c) Where under the legislation of the Federal Republic of Germany a provision in respect of the payment of proportional benefits comes into force, Paragraphs e and f of Article 13 no longer apply from the date of coming into force of such a provision.

10. In regard to Article 15 and Article 20 of the Agreement:

The amounts disbursed as cash referred to in Paragraph 1 of Article 15 and the expenses referred to in Paragraph 1 of Article 20 do not include minor expenses such as postal costs, the cost of regular staff or customary administrative expenses.

11. In regard to Article 19 of the Agreement:

In regard to the legislation of the Federal Republic of Germany, the last sentence of Paragraph 1 of Article 19 applies only in so far as that legislation allows deferring the determination of the rights acquired under that legislation.

12. In regard to Article 21 of the Agreement:

A decision of a German tribunal or institution may be forwarded by registered mail with acknowledgment of receipt.

13. If, in regard to the legislation of the Federal Republic of Germany, an allowance for health insurance benefits is paid but if, consequent upon the suspension of the Convention of 30 March 1971 between Canada and the Federal Republic of Germany, the conditions for the payment of such an allowance are no longer met, the allowance continues to be paid in accordance with the transitional legislation of the Federal Republic of Germany governing cases where eligibility for the allowance ceased on 1 January 1983.

14. For the purposes of the Agreement, the legislation of the Federal Republic of Germany is not affected in so far as it includes more beneficial provisions for persons who have suffered by reason of their political opinions or for racial, religious or ideological reasons. Signed at Québec City on this 14th day of May 1987, in duplicate, in French and in German, both texts being equally authentic.

For the Gouvernement du

Québec

MICHEL GRATTON

For the Government of

the Federal Republic of

Germany

W. BEHRENDS

O.C. 1736-87, Sch. II.