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R-9, r. 11 - Regulation respecting the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Kingdom of Belgium
Schedule
Disposition versions
SCHEDULE 2
(s. 2)
ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE KINGDOM OF BELGIUM
CONSIDERING Article 34 of the Agreement on Social Security between Québec and the Kingdom of Belgium, the competent authorities of Québec and Belgium have agreed, by mutual agreement, as follows:
PART I
GENERAL
ARTICLE 1
DEFINITIONS
(1) In this Administrative Arrangement,
(a) the term “Agreement” shall mean the Agreement on Social Security between Québec and the Kingdom of Belgium signed at Québec on 28 March 2006; and
(b) the term “Arrangement” shall mean the Administrative Arrangement for the Implementation of the Agreement on Social Security between Québec and the Kingdom of Belgium.
(2) All other terms used in this Arrangement shall have the meaning given to them in Article 1 of the Agreement.
ARTICLE 2
DESIGNATION OF BODIES
(1) The liaison agencies designated by each Party for the purposes of the Agreement shall be:
in Belgium,
1- Retirement, survivor:
(a) for salaried workers: the Office national des pensions, Brussels;
(b) for self-employed workers: the Institut national d’assurances sociales pour travailleurs indépendants, Brussels,
2- Disability:
(a) general and special disability for mine workers:
the Institut national d’assurance maladie-invalidité, Brussels;
(b) disability of seamen:
the Caisse de secours et de prévoyance en faveur des marins, Antwerp.
3- Health care:
(a) as a general rule:
the Institut national d’assurance maladie-invalidité, Brussels;
(b) for seamen:
the Caisse de secours et de prévoyance en faveur des marins, Antwerp.
4- Work accidents:
the Fonds des accidents du travail, Brussels.
5- Occupational diseases:
the Fonds des maladies professionnelles, Brussels.
In Québec:
the Bureau des ententes de sécurité sociale at the Régie des rentes du Québec, Montréal.
(2) The competent bodies for the purposes of the Agreement shall be:
In Belgium:
1- Retirement, survivor:
(a) for salaried workers: the Office national des pensions, Brussels;
(b) for self-employed workers: the Institut national d’assurances sociales pour travailleurs indépendants, Brussels.
2- Disability:
(a) general and special disability of mine workers:
the Institut national d’assurance maladie-invalidité, Brussels, jointly with the insurer institution to which the salaried worker or the self-employed worker is or has been affiliated;
(b) disability of seamen:
the Caisse de secours et de prévoyance en faveur des marins, Antwerp.
3- Health care:
(a) for the award of benefits:
i. as a general rule: the insurer institution to which the salaried worker or the self-employed worker is affiliated;
ii. for seamen: the Caisse de secours et de prévoyance en faveur des marins, Antwerp.
(b) financial provisions:
the Institut national d’assurance maladie-invalidité, Brussels, on behalf of insurer institutions and the Caisse de secours et de prévoyance en faveur des marins.
4- Work accidents:
the Fonds des accidents du travail, Brussels.
5- Occupational diseases:
the Fonds des maladies professionnelles, Brussels.
In Québec:
1- Retirement, survivors and disability:
the Régie des rentes du Québec, Québec.
2- Contributions to the Pension Plan and fund for health services
Revenu Québec, Québec.
3- Health care:
the Régie de l’assurance maladie du Québec, Québec.
4- Work accident and occupational diseases contributions and benefits:
the Commission de la santé et de la sécurité du travail, Montréal.
(3) Bodies of the place of residence and bodies of the place of stay for the purposes of the Agreement shall be:
In Belgium:
I. Bodies of the place of residence:
(1) Health care:
(a) as a general rule: the insurer institution to which the salaried worker or the self-employed worker is affiliated;
(b) for seamen: the Caisse de secours et de prévoyance en faveur des marins, Antwerp
or
the insurer institution.
(2) Disability:
(a) as a general rule: the Institut national d’assurance maladie-invalidité, Brussels, jointly with the insurer institution to which the salaried worker or the self-employed worker is affiliated;
(b) for seamen: the Caisse de secours et de prévoyance en faveur des marins, Antwerp.
(3) Work accidents (benefits in kind):
insurer institutions.
(4) Occupational diseases:
the Fonds des maladies professionnelles, Brussels.
II. Bodies of the place of stay.
(1) Health care:
the Institut national d’assurance maladie-invalidité, Brussels, through the insurer institution to which the salaried worker or the self-employed worker is affiliated.
(2) Work accidents:
the Institut national d’assurance maladie-invalidité, Brussels, through the insurer institution to which the salaried worker is affiliated.
(3) Occupational diseases:
the Fonds des maladies professionnelles, Brussels.
in Québec:
The competent bodies identified in paragraph 2 of Article 2.
PART II
PROVISIONS CONCERNING THE APPLICABLE LEGISLATION
ARTICLE 3
(1) In the cases referred to in paragraphs 1 and 3 of Article 8 and Article 11 of the Agreement, the body designated in paragraph 2 of this Article of the Party whose legislation remain applicable, shall give the worker, at the worker’s request or at the request of the worker’s employer, a certificate certifying that the worker mentioned therein remains subject to that legislation and indicating up to what date.
(2) The certificate referred to in paragraph 1 of this Article is issued,
when the applicable legislation is that of Belgium:
— as regards paragraph 1 of Article 8 of the Agreement,
by the Office national de sécurité sociale, Brussels;
— as regards paragraph 3 of Article 8 of the Agreement,
by the Institut national d’assurances sociales pour travailleurs indépendants, Brussels;
— as regards Article 11 of the Agreement,
— in individual cases of salaried workers;
the Office national de sécurité sociale, Brussels;;
— in the case of certain categories of salaried workers::
the Service public fédéral sécurité sociale, Administration de la politique sociale, domaine des relations internationales, Brussels;
— in the case of self-employed workers:
the Service public fédéral sécurité sociale, Administration de la sécurité sociale des travailleurs indépendants, Brussels;
when the applicable legislation is that of Québec, by the liaison agency of Québec.
(3) The original of the certificate referred to in paragraph 1 of this Article shall be given to the worker; the worker must have the certificate in his or her possession for the entire period indicated in order to prove to which legislation the worker is subject in the host country.
(4) A copy of the certificate issued under paragraph 1 by the competent body of Québec shall be sent, as regards salaried workers, to the Office national de sécurité sociale in Brussels, and, as regards self-employed workers, to the Institut national d’assurances sociales pour travailleurs indépendants in Brussels. A copy of the certificate issued by the competent body in Belgium shall be sent to the liaison agency in Québec.
(5) Both Parties may, by mutual agreement, cancel the certificate issued.
(6) When the legislation of one Party is applicable, under paragraph 3 of Article 8 of the Agreement, to a self-employed worker as regards a professional activity that the worker exercised in the territory of the other Party during a given year, the body of that other Party, designated in paragraph 7, shall provide to the corresponding body of the first Party, subject to Article 36 of the Agreement, any information available that could be used for determining or verifying the amount of professional income that the worker earned from the activity during the said year. Until the information is provided, the body of the Party whose legislation is applicable may receive, on a provisional basis, a contribution the amount of which is set by the competent authority of that Party.
(7) The competent bodies for the purposes of paragraph 6 are:
In Belgium:
the Institut national d’assurances sociales pour travailleurs indépendants, Brussels.
In Québec:
the Bureau des ententes de sécurité sociale of the Régie des rentes du Québec, Montréal.
PART III
SPECIAL PROVISIONS
CHAPTER 1
DISABILITY, RETIREMENT AND SURVIVORS
ARTICLE 4
CLAIMS FOR PENSION
(1) A claim for a pension under the Agreement may be filed with the liaison agency of either Party or the competent body of the Party whose legislation is applicable.
(2) When the claim referred to in paragraph 1 is filed with a liaison agency, the agency shall send it immediately to the competent body of the Party whose legislation is applicable or to the liaison agency of that Party, with the required supporting documents.
(3) Any information pertaining to the civil status written on a claim form shall be certified by the liaison agency that sends the claim, thereby exempting that agency from attaching the supporting documents.
(4) (a) In addition, the liaison agency shall send to the liaison agency of the other Party a form indicating the periods of insurance completed under the legislation of the first Party.
(b) After receiving the form, the liaison agency of the other Party shall add the information relating to the periods of insurance completed under the legislation it administers and return the form to the liaison agency of the first Party.
(5) (a) Each competent body shall determine the rights of the claimant and, if applicable, those of the claimant’s spouse and send its decision directly to the claimant, with an indication of the periods of insurance retained and the recourses and time limits.
(b) The competent body that awards a pension shall communicate its decision to the liaison agency of the other Party.
(6) Subject to Article 36 of the Agreement
(a) when the Québec liaison agency becomes aware that a beneficiary of a Belgian disability, retirement or survivors’ pension, residing in Québec or eventually the beneficiary’s spouse, did not cease all professional activities or has resumed activities, the liaison agency immediately notifies the Belgian liaison agency;
(b) the Québec liaison agency shall also send all available information regarding the nature of the work performed and the amount of earnings or resources the interested person or the person’s spouse receives or has received.
ARTICLE 5
PAYMENT OF BENEFITS
The competent bodies shall pay the pensions to the beneficiaries by direct payment.
ARTICLE 6
STATISTICAL INFORMATION
The liaison agencies shall exchange annually statistical information on the number of payments made in the territory of the other Party and the related amounts.
CHAPTER 2
HEALTH CARE
ARTICLE 7
TOTALIZATION OF PERIODS OF INSURANCE
(1) To benefit from Articles 21 and 22 of the Agreement, the interested person is required to submit to the competent body a certificate indicating the periods of insurance completed under the legislation of the Party to which that person was last subject.
The certificate shall be issued at the request of the interested person:
In Belgium:
by the insurer institution to which the person was last affiliated.
In Québec:
by the Régie de l’assurance maladie du Québec, Québec.
(2) If the interested person does not submit the certificate, the competent body shall contact the competent body of the Party to whose legislation the interested person was last subject to obtain the certificate.
ARTICLE 8
BENEFITS IN CASE OF STAY IN THE TERRITORY OF THE OTHER PARTY
(1) To receive benefits under Articles 24 and 26 of the Agreement, the interested person is required to submit to the body of the place of stay a certificate indicating that the person is entitled to the benefits. The certificate shall be issued by the competent body at the request of the interested person before the person leaves the territory of the Party in which the person resides. If the interested person does not submit the said certificate, the body of the place of stay shall contact the competent body to obtain the certificate.
The certificate issued shall indicate the maximum duration of the benefits, as provided for in the legislation of the competent Party.
(2) At the time of registration or submission of any claim for benefits, the interested person shall submit the supporting documents required by the body of the place of stay.
(3) At the time of registration with the Régie de l’assurance maladie du Québec, the interested person may subscribe to the prescription drug insurance plan, for himself or herself and for the members of his or her family, without having to pay the premium, if the person proves that he or she does not have access to a group insurance plan providing the reimbursement of costs related to prescription drugs.
ARTICLE 9
BENEFITS IN CASE OF RESIDENCE IN THE TERRITORY OF THE OTHER PARTY
(1) To receive benefits under Article 23 of the Agreement, family members are required to be registered with the body of the place of residence, by submitting a certificate indicating that they are entitled to those benefits. The same applies to the interested person referred to in paragraph 2 of Article 25 of the Agreement. The certificate shall be issued by the competent body. If the interested person or the members of the person’s family do not submit the certificate, the body of the place of residence shall contact the competent body to obtain the certificate.
(2) The certificate referred to in paragraph 1 of this Article remains valid as long as the body of the place of residence has not received notice of its cancellation.
(3) At the time of registration or submission of any claim for benefits, the interested person shall submit the supporting documents required under the legislation of the Party in whose territory the person resides.
(4) The interested person or the members of the person’s family are required to notify the body of the place of residence of any change in their situation likely to affect the entitlement to benefits, in particular any abandonment or change of employment or professional activity of the interested person or any transfer of residence of the person or member of the person’s family. The competent body shall also inform the body of the place of residence of the cessation of affiliation or the end of entitlement to benefits of the interested person. The body of the place of residence may, at any time, ask the competent body to provide information on the affiliation or entitlement to benefits of the interested person.
CHAPTER 3
WORK ACCIDENTS AND OCCUPATIONAL DISEASES
ARTICLE 10
BENEFITS IN KIND IN CASE OF STAY IN THE TERRITORY OF THE OTHER PARTY
To receive benefits in kind in case of stay under Article 28 of the Agreement, the interested person is required to submit to the body of the place of stay a certificate indicating that the person is entitled to benefits in kind. The certificate shall be issued by the competent body at the request of the interested person before that person leaves the territory of the Party where he or she resides. If the interested person does not submit the said certificate, the body of the place of stay shall contact the competent body to obtain the certificate.
The certificate issued shall indicate in particular the maximum duration of the award of benefits in kind, as provided for in the legislation of the competent Party.
ARTICLE 11
BENEFITS IN KIND IN CASE OF RESIDENCE IN THE TERRITORY OF THE OTHER PARTY
(1) To receive benefits in kind in case of residence in the territory of the other Party under Article 28 of the Agreement, the interested person is required to be registered with the body of the place of residence, by submitting a certificate indicating that he or she is entitled to the benefits. The certificate shall be issued by the competent body. If the interested person does not submit the said certificate, the body of the place of residence shall contact the competent body to obtain the certificate.
(2) The certificate referred to in paragraph 1 of this Article shall remain valid as long as the body of the place of residence has not been notified of its cancellation.
(3) At the time of registration or submission of any claim for benefits in kind, the interested person shall submit the supporting documents required under the legislation of the Party in whose territory the person resides.
(4) The interested person is required to notify the body of the place of residence of any change in his or her situation likely to affect entitlement to benefits in kind, in particular any abandonment or change of employment or professional activity of the interested person or any transfer of residence. The competent body shall also inform the body of the place of residence of the cessation of affiliation or the end of entitlement to benefits of the interested person. The body of the place of residence may ask the competent body to provide information on the affiliation or entitlement to benefits of the interested person at any time.
ARTICLE 12
ASSESSMENT OF THE DEGREE OF INCAPACITY TO WORK IN CASE OF A WORK ACCIDENT OF OCCUPATIONAL DISEASE THAT OCCURRED PREVIOUSLY
To assess the degree of incapacity to work, to confer entitlement to benefits and to determine the amount of the benefits in cases referred to in Article 30 of the Agreement, the claimant is required to submit to the competent body of the Party to whose legislation the person was subject when the accident occurred or the first medical diagnosis of the occupational disease was made, any information on the work accidents or occupational diseases suffered previously by the person while subject to the legislation of the other Party, whatever the degree of incapacity to work caused by the previous cases. The competent body may contact any other body that was previously competent in order to obtain the information it deems necessary.
ARTICLE 13
PROCEDURE IN CASE OF EXPOSURE TO RISK OF OCCUPATIONAL DISEASE IN BOTH PARTIES
In the case referred to in Article 31 of the Agreement, the declaration of occupational disease shall be sent to the body competent in matters of occupational diseases of the Party under whose legislation the victim last exercised an activity likely to have caused the disease considered or to the body of the place of residence that sends it to the competent body.
ARTICLE 14
AGGRAVATION OF AN OCCUPATIONAL DISEASE
In the case referred to in Article 33 of the Agreement, the interested person is required to submit to the body of the Party from which the person claims entitlement to benefits all information on the benefits awarded previously for the occupational disease considered. That body may contact any other body that was previously competent to obtain the information it deems necessary.
ARTICLE 15
REIMBURSEMENT BETWEEN BODIES
(1) The reimbursement of benefits in kind provided by the body of the place of stay or residence under Article 28 of the Agreement shall be made by the competent body on the basis of the actual expenses taking into account the supporting documents submitted.
(2) The reimbursement referred to in paragraph 1 of this Article shall be made for each calendar year, in the 12 months that follow the introduction of the claims.
CHAPTER 4
ADMINISTRATIVE AND MEDICAL CONTROL
ARTICLE 16
(1) The liaison agency or the competent body of a Party shall send, upon request and free of charge, to the liaison agency or the competent body of the other Party, all medical information and documentation already in its possession regarding the disability of a claimant or a beneficiary.
(2) When the competent body of a Party so requires, the competent body of the other Party shall take the necessary measures, according to the terms and conditions provided under the legislation it administers, to provide examinations or the result of the administrative and medical control concerning a person who resides or stays in the territory of the other Party.
(3) The costs for the examinations or the control shall be reimbursed to the competent body of the place of stay or residence by the competent body of the other Party. The costs shall be established by the creditor body on the basis of its tariff and reimbursed by the debtor body.
(4) The reimbursement shall be made for each calendar year in the 12 months following the introduction of the claims with a detailed note of the expenses incurred.
PART IV
MISCELLANEOUS PROVISIONS
ARTICLE 17
The model of the certificates or forms necessary for the application of the Agreement and the Administrative Arrangement is determined, by mutual agreement, by the liaison agencies of both Parties with the approval of the competent authorities.
ARTICLE 18
The Administrative Arrangement comes into force on the same date as the Agreement. It shall have the same term as the Agreement.
Done at Québec, on 18 September 2008, in two copies, in French and in Dutch, both texts being equally authentic.
For the competent authority of Québec
_____________________________________
ALAIN CLOUTIER
For the competent authority of Belgium
_____________________________________
GODELIEVE VAN DEN BERGH
From 1 January 2016, in accordance with section 237 of chapter 15 of the statutes of 2015, the words «Commission de la santé et de la sécurité du travail» mean in this Regulation «Commission des normes, de l’équité, de la santé et de la sécurité du travail»
SCHEDULE 2
(s. 2)
ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE KINGDOM OF BELGIUM
CONSIDERING Article 34 of the Agreement on Social Security between Québec and the Kingdom of Belgium, the competent authorities of Québec and Belgium have agreed, by mutual agreement, as follows:
PART I
GENERAL
ARTICLE 1
DEFINITIONS
(1) In this Administrative Arrangement,
(a) the term “Agreement” shall mean the Agreement on Social Security between Québec and the Kingdom of Belgium signed at Québec on 28 March 2006; and
(b) the term “Arrangement” shall mean the Administrative Arrangement for the Implementation of the Agreement on Social Security between Québec and the Kingdom of Belgium.
(2) All other terms used in this Arrangement shall have the meaning given to them in Article 1 of the Agreement.
ARTICLE 2
DESIGNATION OF BODIES
(1) The liaison agencies designated by each Party for the purposes of the Agreement shall be:
in Belgium,
1- Retirement, survivor:
(a) for salaried workers: the Office national des pensions, Brussels;
(b) for self-employed workers: the Institut national d’assurances sociales pour travailleurs indépendants, Brussels,
2- Disability:
(a) general and special disability for mine workers:
the Institut national d’assurance maladie-invalidité, Brussels;
(b) disability of seamen:
the Caisse de secours et de prévoyance en faveur des marins, Antwerp.
3- Health care:
(a) as a general rule:
the Institut national d’assurance maladie-invalidité, Brussels;
(b) for seamen:
the Caisse de secours et de prévoyance en faveur des marins, Antwerp.
4- Work accidents:
the Fonds des accidents du travail, Brussels.
5- Occupational diseases:
the Fonds des maladies professionnelles, Brussels.
In Québec:
the Bureau des ententes de sécurité sociale at the Régie des rentes du Québec, Montréal.
(2) The competent bodies for the purposes of the Agreement shall be:
In Belgium:
1- Retirement, survivor:
(a) for salaried workers: the Office national des pensions, Brussels;
(b) for self-employed workers: the Institut national d’assurances sociales pour travailleurs indépendants, Brussels.
2- Disability:
(a) general and special disability of mine workers:
the Institut national d’assurance maladie-invalidité, Brussels, jointly with the insurer institution to which the salaried worker or the self-employed worker is or has been affiliated;
(b) disability of seamen:
the Caisse de secours et de prévoyance en faveur des marins, Antwerp.
3- Health care:
(a) for the award of benefits:
i. as a general rule: the insurer institution to which the salaried worker or the self-employed worker is affiliated;
ii. for seamen: the Caisse de secours et de prévoyance en faveur des marins, Antwerp.
(b) financial provisions:
the Institut national d’assurance maladie-invalidité, Brussels, on behalf of insurer institutions and the Caisse de secours et de prévoyance en faveur des marins.
4- Work accidents:
the Fonds des accidents du travail, Brussels.
5- Occupational diseases:
the Fonds des maladies professionnelles, Brussels.
In Québec:
1- Retirement, survivors and disability:
the Régie des rentes du Québec, Québec.
2- Contributions to the Pension Plan and fund for health services
Revenu Québec, Québec.
3- Health care:
the Régie de l’assurance maladie du Québec, Québec.
4- Work accident and occupational diseases contributions and benefits:
the Commission de la santé et de la sécurité du travail, Montréal.
(3) Bodies of the place of residence and bodies of the place of stay for the purposes of the Agreement shall be:
In Belgium:
I. Bodies of the place of residence:
(1) Health care:
(a) as a general rule: the insurer institution to which the salaried worker or the self-employed worker is affiliated;
(b) for seamen: the Caisse de secours et de prévoyance en faveur des marins, Antwerp
or
the insurer institution.
(2) Disability:
(a) as a general rule: the Institut national d’assurance maladie-invalidité, Brussels, jointly with the insurer institution to which the salaried worker or the self-employed worker is affiliated;
(b) for seamen: the Caisse de secours et de prévoyance en faveur des marins, Antwerp.
(3) Work accidents (benefits in kind):
insurer institutions.
(4) Occupational diseases:
the Fonds des maladies professionnelles, Brussels.
II. Bodies of the place of stay.
(1) Health care:
the Institut national d’assurance maladie-invalidité, Brussels, through the insurer institution to which the salaried worker or the self-employed worker is affiliated.
(2) Work accidents:
the Institut national d’assurance maladie-invalidité, Brussels, through the insurer institution to which the salaried worker is affiliated.
(3) Occupational diseases:
the Fonds des maladies professionnelles, Brussels.
in Québec:
The competent bodies identified in paragraph 2 of Article 2.
PART II
PROVISIONS CONCERNING THE APPLICABLE LEGISLATION
ARTICLE 3
(1) In the cases referred to in paragraphs 1 and 3 of Article 8 and Article 11 of the Agreement, the body designated in paragraph 2 of this Article of the Party whose legislation remain applicable, shall give the worker, at the worker’s request or at the request of the worker’s employer, a certificate certifying that the worker mentioned therein remains subject to that legislation and indicating up to what date.
(2) The certificate referred to in paragraph 1 of this Article is issued,
when the applicable legislation is that of Belgium:
— as regards paragraph 1 of Article 8 of the Agreement,
by the Office national de sécurité sociale, Brussels;
— as regards paragraph 3 of Article 8 of the Agreement,
by the Institut national d’assurances sociales pour travailleurs indépendants, Brussels;
— as regards Article 11 of the Agreement,
— in individual cases of salaried workers;
the Office national de sécurité sociale, Brussels;;
— in the case of certain categories of salaried workers::
the Service public fédéral sécurité sociale, Administration de la politique sociale, domaine des relations internationales, Brussels;
— in the case of self-employed workers:
the Service public fédéral sécurité sociale, Administration de la sécurité sociale des travailleurs indépendants, Brussels;
when the applicable legislation is that of Québec, by the liaison agency of Québec.
(3) The original of the certificate referred to in paragraph 1 of this Article shall be given to the worker; the worker must have the certificate in his or her possession for the entire period indicated in order to prove to which legislation the worker is subject in the host country.
(4) A copy of the certificate issued under paragraph 1 by the competent body of Québec shall be sent, as regards salaried workers, to the Office national de sécurité sociale in Brussels, and, as regards self-employed workers, to the Institut national d’assurances sociales pour travailleurs indépendants in Brussels. A copy of the certificate issued by the competent body in Belgium shall be sent to the liaison agency in Québec.
(5) Both Parties may, by mutual agreement, cancel the certificate issued.
(6) When the legislation of one Party is applicable, under paragraph 3 of Article 8 of the Agreement, to a self-employed worker as regards a professional activity that the worker exercised in the territory of the other Party during a given year, the body of that other Party, designated in paragraph 7, shall provide to the corresponding body of the first Party, subject to Article 36 of the Agreement, any information available that could be used for determining or verifying the amount of professional income that the worker earned from the activity during the said year. Until the information is provided, the body of the Party whose legislation is applicable may receive, on a provisional basis, a contribution the amount of which is set by the competent authority of that Party.
(7) The competent bodies for the purposes of paragraph 6 are:
In Belgium:
the Institut national d’assurances sociales pour travailleurs indépendants, Brussels.
In Québec:
the Bureau des ententes de sécurité sociale of the Régie des rentes du Québec, Montréal.
PART III
SPECIAL PROVISIONS
CHAPTER 1
DISABILITY, RETIREMENT AND SURVIVORS
ARTICLE 4
CLAIMS FOR PENSION
(1) A claim for a pension under the Agreement may be filed with the liaison agency of either Party or the competent body of the Party whose legislation is applicable.
(2) When the claim referred to in paragraph 1 is filed with a liaison agency, the agency shall send it immediately to the competent body of the Party whose legislation is applicable or to the liaison agency of that Party, with the required supporting documents.
(3) Any information pertaining to the civil status written on a claim form shall be certified by the liaison agency that sends the claim, thereby exempting that agency from attaching the supporting documents.
(4) (a) In addition, the liaison agency shall send to the liaison agency of the other Party a form indicating the periods of insurance completed under the legislation of the first Party.
(b) After receiving the form, the liaison agency of the other Party shall add the information relating to the periods of insurance completed under the legislation it administers and return the form to the liaison agency of the first Party.
(5) (a) Each competent body shall determine the rights of the claimant and, if applicable, those of the claimant’s spouse and send its decision directly to the claimant, with an indication of the periods of insurance retained and the recourses and time limits.
(b) The competent body that awards a pension shall communicate its decision to the liaison agency of the other Party.
(6) Subject to Article 36 of the Agreement
(a) when the Québec liaison agency becomes aware that a beneficiary of a Belgian disability, retirement or survivors’ pension, residing in Québec or eventually the beneficiary’s spouse, did not cease all professional activities or has resumed activities, the liaison agency immediately notifies the Belgian liaison agency;
(b) the Québec liaison agency shall also send all available information regarding the nature of the work performed and the amount of earnings or resources the interested person or the person’s spouse receives or has received.
ARTICLE 5
PAYMENT OF BENEFITS
The competent bodies shall pay the pensions to the beneficiaries by direct payment.
ARTICLE 6
STATISTICAL INFORMATION
The liaison agencies shall exchange annually statistical information on the number of payments made in the territory of the other Party and the related amounts.
CHAPTER 2
HEALTH CARE
ARTICLE 7
TOTALIZATION OF PERIODS OF INSURANCE
(1) To benefit from Articles 21 and 22 of the Agreement, the interested person is required to submit to the competent body a certificate indicating the periods of insurance completed under the legislation of the Party to which that person was last subject.
The certificate shall be issued at the request of the interested person:
In Belgium:
by the insurer institution to which the person was last affiliated.
In Québec:
by the Régie de l’assurance maladie du Québec, Québec.
(2) If the interested person does not submit the certificate, the competent body shall contact the competent body of the Party to whose legislation the interested person was last subject to obtain the certificate.
ARTICLE 8
BENEFITS IN CASE OF STAY IN THE TERRITORY OF THE OTHER PARTY
(1) To receive benefits under Articles 24 and 26 of the Agreement, the interested person is required to submit to the body of the place of stay a certificate indicating that the person is entitled to the benefits. The certificate shall be issued by the competent body at the request of the interested person before the person leaves the territory of the Party in which the person resides. If the interested person does not submit the said certificate, the body of the place of stay shall contact the competent body to obtain the certificate.
The certificate issued shall indicate the maximum duration of the benefits, as provided for in the legislation of the competent Party.
(2) At the time of registration or submission of any claim for benefits, the interested person shall submit the supporting documents required by the body of the place of stay.
(3) At the time of registration with the Régie de l’assurance maladie du Québec, the interested person may subscribe to the prescription drug insurance plan, for himself or herself and for the members of his or her family, without having to pay the premium, if the person proves that he or she does not have access to a group insurance plan providing the reimbursement of costs related to prescription drugs.
ARTICLE 9
BENEFITS IN CASE OF RESIDENCE IN THE TERRITORY OF THE OTHER PARTY
(1) To receive benefits under Article 23 of the Agreement, family members are required to be registered with the body of the place of residence, by submitting a certificate indicating that they are entitled to those benefits. The same applies to the interested person referred to in paragraph 2 of Article 25 of the Agreement. The certificate shall be issued by the competent body. If the interested person or the members of the person’s family do not submit the certificate, the body of the place of residence shall contact the competent body to obtain the certificate.
(2) The certificate referred to in paragraph 1 of this Article remains valid as long as the body of the place of residence has not received notice of its cancellation.
(3) At the time of registration or submission of any claim for benefits, the interested person shall submit the supporting documents required under the legislation of the Party in whose territory the person resides.
(4) The interested person or the members of the person’s family are required to notify the body of the place of residence of any change in their situation likely to affect the entitlement to benefits, in particular any abandonment or change of employment or professional activity of the interested person or any transfer of residence of the person or member of the person’s family. The competent body shall also inform the body of the place of residence of the cessation of affiliation or the end of entitlement to benefits of the interested person. The body of the place of residence may, at any time, ask the competent body to provide information on the affiliation or entitlement to benefits of the interested person.
CHAPTER 3
WORK ACCIDENTS AND OCCUPATIONAL DISEASES
ARTICLE 10
BENEFITS IN KIND IN CASE OF STAY IN THE TERRITORY OF THE OTHER PARTY
To receive benefits in kind in case of stay under Article 28 of the Agreement, the interested person is required to submit to the body of the place of stay a certificate indicating that the person is entitled to benefits in kind. The certificate shall be issued by the competent body at the request of the interested person before that person leaves the territory of the Party where he or she resides. If the interested person does not submit the said certificate, the body of the place of stay shall contact the competent body to obtain the certificate.
The certificate issued shall indicate in particular the maximum duration of the award of benefits in kind, as provided for in the legislation of the competent Party.
ARTICLE 11
BENEFITS IN KIND IN CASE OF RESIDENCE IN THE TERRITORY OF THE OTHER PARTY
(1) To receive benefits in kind in case of residence in the territory of the other Party under Article 28 of the Agreement, the interested person is required to be registered with the body of the place of residence, by submitting a certificate indicating that he or she is entitled to the benefits. The certificate shall be issued by the competent body. If the interested person does not submit the said certificate, the body of the place of residence shall contact the competent body to obtain the certificate.
(2) The certificate referred to in paragraph 1 of this Article shall remain valid as long as the body of the place of residence has not been notified of its cancellation.
(3) At the time of registration or submission of any claim for benefits in kind, the interested person shall submit the supporting documents required under the legislation of the Party in whose territory the person resides.
(4) The interested person is required to notify the body of the place of residence of any change in his or her situation likely to affect entitlement to benefits in kind, in particular any abandonment or change of employment or professional activity of the interested person or any transfer of residence. The competent body shall also inform the body of the place of residence of the cessation of affiliation or the end of entitlement to benefits of the interested person. The body of the place of residence may ask the competent body to provide information on the affiliation or entitlement to benefits of the interested person at any time.
ARTICLE 12
ASSESSMENT OF THE DEGREE OF INCAPACITY TO WORK IN CASE OF A WORK ACCIDENT OF OCCUPATIONAL DISEASE THAT OCCURRED PREVIOUSLY
To assess the degree of incapacity to work, to confer entitlement to benefits and to determine the amount of the benefits in cases referred to in Article 30 of the Agreement, the claimant is required to submit to the competent body of the Party to whose legislation the person was subject when the accident occurred or the first medical diagnosis of the occupational disease was made, any information on the work accidents or occupational diseases suffered previously by the person while subject to the legislation of the other Party, whatever the degree of incapacity to work caused by the previous cases. The competent body may contact any other body that was previously competent in order to obtain the information it deems necessary.
ARTICLE 13
PROCEDURE IN CASE OF EXPOSURE TO RISK OF OCCUPATIONAL DISEASE IN BOTH PARTIES
In the case referred to in Article 31 of the Agreement, the declaration of occupational disease shall be sent to the body competent in matters of occupational diseases of the Party under whose legislation the victim last exercised an activity likely to have caused the disease considered or to the body of the place of residence that sends it to the competent body.
ARTICLE 14
AGGRAVATION OF AN OCCUPATIONAL DISEASE
In the case referred to in Article 33 of the Agreement, the interested person is required to submit to the body of the Party from which the person claims entitlement to benefits all information on the benefits awarded previously for the occupational disease considered. That body may contact any other body that was previously competent to obtain the information it deems necessary.
ARTICLE 15
REIMBURSEMENT BETWEEN BODIES
(1) The reimbursement of benefits in kind provided by the body of the place of stay or residence under Article 28 of the Agreement shall be made by the competent body on the basis of the actual expenses taking into account the supporting documents submitted.
(2) The reimbursement referred to in paragraph 1 of this Article shall be made for each calendar year, in the 12 months that follow the introduction of the claims.
CHAPTER 4
ADMINISTRATIVE AND MEDICAL CONTROL
ARTICLE 16
(1) The liaison agency or the competent body of a Party shall send, upon request and free of charge, to the liaison agency or the competent body of the other Party, all medical information and documentation already in its possession regarding the disability of a claimant or a beneficiary.
(2) When the competent body of a Party so requires, the competent body of the other Party shall take the necessary measures, according to the terms and conditions provided under the legislation it administers, to provide examinations or the result of the administrative and medical control concerning a person who resides or stays in the territory of the other Party.
(3) The costs for the examinations or the control shall be reimbursed to the competent body of the place of stay or residence by the competent body of the other Party. The costs shall be established by the creditor body on the basis of its tariff and reimbursed by the debtor body.
(4) The reimbursement shall be made for each calendar year in the 12 months following the introduction of the claims with a detailed note of the expenses incurred.
PART IV
MISCELLANEOUS PROVISIONS
ARTICLE 17
The model of the certificates or forms necessary for the application of the Agreement and the Administrative Arrangement is determined, by mutual agreement, by the liaison agencies of both Parties with the approval of the competent authorities.
ARTICLE 18
The Administrative Arrangement comes into force on the same date as the Agreement. It shall have the same term as the Agreement.
Done at Québec, on 18 September 2008, in two copies, in French and in Dutch, both texts being equally authentic.
For the competent authority of Québec
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ALAIN CLOUTIER
For the competent authority of Belgium
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GODELIEVE VAN DEN BERGH
