R-9, r. 8 - Regulation respecting the implementation of the Understanding on Social Security between the Government of the Republic of Austria and the Gouvernement du Québec

Schedule Disposition versions

2012-09-01

SCHEDULE II

(s. 2)

ADMINISTRATIVE ARRANGEMENT FOR THE APPLICATION OF THE UNDERSTANDING ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF AUSTRIA AND THE GOUVERNEMENT DU QUÉBEC

Pursuant to paragraph (1) of Article 16 of the Understanding on Social Security between the Government of the Republic of Austria and the Gouvernement du Québec,

for Austria,

the Federal Minister for Labour and Social Affairs;

for Québec,

the Gouvernement du Québec

have agreed on the following provisions:

PART I

GENERAL PROVISIONS

Article 1

(1) For the application of this Administrative Arrangement, «Understanding» means the Understanding on Social Security between the Government of the Republic of Austria and the Gouvernement du Québec, signed at Vienna on .............. .

(2) Other terms will have the meaning given to them in the Understanding.

Article 2

The following are designated as liaison agencies, pursuant to Article 17 of the Understanding:

for Austria:

the Federation of Austrian Social Insurance Institutions, Vienna;

for Québec:

the Direction de l’administration des ententes de sécurité sociale of the ministère des Communautés culturelles et de l’Immigration, Montréal.

PART II

PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

Article 3

(1) In cases arising under Article 7 of the Understanding, or involving an election under Article 8 of the Understanding or in case of an agreement under Article 9 of the Understanding, the institution of the Party whose legislation applies will, on request, issue a certificate certifying, in respect of the work in question, that the employed person is subject to that legislation.

(2) The certificates referred to in paragraph (1) of this Article will be issued

where the legislation of Austria applies,

by the competent health insurance institution; and

where the legislation of Québec applies,

by the liaison agency.

(3) Communication concerning an agreement under Article 9 of the Understanding will be made between the competent authority of Austria and the liaison agency of Québec.

PART III

PROVISIONS CONCERNING BENEFITS

Article 4

(1) For purposes of the application of Part III of the Understanding, in relation to Austria, the competent institution and, in relation to Québec, the liaison agency which receives a claim for a benefit under the legislation of the other Party will, without delay, send the claim, in relation to Austria, to the laision agency and, in relation to Québec, to the competent institution.

(2) The body concerned of the first Party will also transmit any documentation and information available to it which may be necessary for the competent institution of the other Party to establish the entitlement of the applicant to a benefit. This documentation will include a statement indicating the periods of insurance under the legislation of the first Party. In the case of a claim for a disability pension, the body concerned of the first Party will, to the extent permitted by the legislation which it applies, provide such medical information and reports as are available concerning the disability of a claimant or beneficiary.

(3) The personal information regarding an individual will be duly certified by the body concerned of the first Party which will confirm that the information is corroborated by documentary evidence; the transmission of the information so certified will exempt the body concerned from sending the corroboratory documents.

(4) On receipt of the claim, the competent institution of the other Party will advise the competent institution of the first Party of the periods of insurance under the legislation which it applies.

(5) Each competent institution will subsequently determine the applicant’s eligibility and notify the other competent institution of the benefits, if any, granted to the applicant.

PART IV

MISCELLANEOUS PROVISIONS

Article 5

The competent institution of one Party will, without delay, reimburse the competent institution of the other Party the amount due as a result of applying the provisions of paragraph (6) of Article 16 of the Understanding, on receipt of a detailed statement of the costs incurred.

Article 6

The liaison agencies of the two Parties will agree on the forms necessary to implement the Understanding and this Administrative Arrangement.

Article 7

The liaison agencies of the two Parties will exchange statistics on an annual basis, and in a form to be agreed upon, regarding the payments which each has made under the Understanding.

Article 8

This Administrative Arrangement will come into force on the date of the coming into force of the Understanding and will have the same period of duration.

Done in two copies at Vienna, this 9th day of December 1993, in German and French, each text being equally authentic.

FOR THE FEDERAL MINISTER FOR LABOUR AND SOCIAL AFFAIRS OF THE REPUBLIC OF AUSTRIA

JOSEPH SCHUH

FOR THE GOUVERNEMENT DU QUÉBEC

DENIS BÉDARD

O.C. 251-94, Sch. II.