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 III

(s. 1)

ARRANGEMENT FOR THE APPLICANT OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY

The Gouvernement du Québec

and

The Government of the Federal Republic of Germany,

In accordance with Paragraph 1 of Article 14 of the Agreement on Social Security of 14 may 1987 between the Gouvernement du Québec and the Government of the Federal Republic of Germany, hereinafter called the «Agreement»,

Have agreed to the following provisions:

Article 1

The terms used in this Arrangement have the same meaning as in the Agreement.

Article 2

1. The following are designated liaison agencies within the meaning of Paragraph 2 of Article 14 of the Agreement:

(a) in regard to the Federal Republic of Germany:

i. for the workmen’s pension plan, the Landesversicherungsanstalt Freie und Hansestadt Hamburg, Hamburg;

ii. for the employees’ pension plan, the Bundesversicherungsanstalt für Angestellte, Berlin;

iii. for the mineworkers’ pension plan, the Bundesknappschaft, Bochum;

iv. for the steelworkers’ supplementary pension plan, the Landesversicherungsanstalt für das Saarland, Saarbrücken;

v. to the extent that the German health insurance institutions are concerned in the administration of the Agreement or this Arrangement, the Bundesverband der Ortskrankenkassen, Bonn;

(b) in regard to Québec:

the Secrétariat de l’administration des Ententes de sécurité sociale or any other agency that the competent Québec authority may subsequently designate.

2. For the purposes of the Agreement, in regard to the workmen’s pension plan, even if the legislation of the Federal Republic of Germany does not so provide, the liaison agency is responsible for determining entitlement and attributing benefits, except for medical and occupational rehabilitation benefits and supplementary rehabilitation benefits, where:

(a) insurance periods have been completed or are admissible under the legislations of the Federal Republic of Germany and of Québec;

or where

(b) a person resides in Québec;

or where

(c) a person is a Canadian citizen who is or has been subject to Québec legislation and who resides outside the territories of the 2 Contracting Parties.

3. The competence of German special institutions (Snderanstalten) is not affected.

Article 3

The liaison agencies referred to in Paragraph 1 of Article 2 and the special institutions referred to in Paragraph 3 of Article 2 are responsible, within the scope of their respective competence, for informing the persons in question, in a general manner, of their rights and obligations under the Agreement.

Article 4

An operational agreement (Verwaltungsvereinbarung) laying down the necessary and useful administrative measures for administering the Agreement will be entered into, with the participation of the competent authorities, between the liaison agencies referred to in Subparagraph a of Paragraph 1 of Article 2 and the special institutions referred to in Paragraph 3 of Article 2, for the Federal Republic of Germany, and the liaison agency and the competent institutions, for Québec.

Article 5

The agencies referred to in Paragraph 1 of Article 15 of the Agreement, within the scope of their respective competence and to the extent possible, shall communicate to one another any information and forward to one another any document required for maintaining the rights and meeting the obligations of the persons in question consequent upon the legislation specified in Paragraph 1 of Article 2 of the Agreement and consequent upon the Agreement. Any information and any document concerning a person shall be forwarded to him at his request.

Article 6

1. In the cases referred to by Article 7, Paragraphs 2 and 3 of Article 9 and Article 10 of the Agreement, the competent organization of the Contracting Party whose legislation applies shall issue, on application and upon receipt of the relevant information, a certificate attesting, in regard to the work in question, that the employee and his employer or the self-employed person are subject to that legislation.

2.Where the legislation of the Federal Republic of Germany applies, the certificate shall be issued by the health insurance institution (Trager der Krankenversicherung) to which contributions regarding pensions are paid and, in every other case, by the Bundesversicherungsanstalt für Angestellte, Berlin.

3. Where Québec legislation applies, the certificate shall be issued by the liaison agency.

Article 7

An application for benefits under the Agreement may be submitted to the competent institutions of both Contracting Parties, to a liaison agency referred to in Paragraph 1 of Article 2, to a special institution referred to in Paragraph 3 of Article 2 or to any agency authorized under the legislation of either Contracting Party to receive applications for benefits.

Article 8

The liaison agencies referred to in Paragraph 1 of Article 2 and special institutions within the meaning of Paragraph 3 of Article 2 or other agencies designated by the Contracting Parties shall compile statistics regarding benefits paid to beneficiaries in the territory of the other Contracting Party, for each calendar year. The statistics shall indicate, to the extent possible, the number of beneficiaries and the total amount of benefits for each category of benefit.

Article 9

This Arrangement also applies to the district of Berlin, unless otherwise stated by the Government of the Federal Republic of Germany within 3 months following the coming into force of this Arrangement.

Article 10

The 2 Governments shall advise one another when the internal procedures required for the coming into force of this Arrangement have been completed. It comes into force on the same date as the Agreement and for the same duration.

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. III.