R-9, r. 17 - Regulation respecting the Understanding on Social Security between the Gouvernement du Québec and the Government of United States of America

Schedule Disposition versions

2012-09-01

SCHEDULE 2

Administrative Arrangement for the Inplementation of the Understanding between the Government of Québec and the Government of the United States of America on Social Security

In conformity with Article VIIIa of the Understanding between the Government of the United States of America and the Government of Québec of Social Security of this date, hereinafter referred to as the «The Understanding», the following provisions have been agreed upon:

CHAPTER 1

GENERAL PREVISIONS

Article 1

The following are designated as liaison agencies for the purposes of administering the Understanding and this Arrangement:

For the United States,

The Social Security Administration, and

For Québec,

Le secrétariat de l’administration des

Ententes de sécurité sociale

Article 2

Terms used in this Administrative Arrangement will have the same meaning as in the Understanding.

Article 3

The agencies of the Parties will agree upon joint procedures and forms necessary for the implementation of the Understanding and this Administrative Arrangement.

CHAPTER 2

PROVISIONS ON COVERAGE

Article 4

(1) Where the laws of a Party are applicable in accordance with Article V of the Understanding, the agency of that Party will issue, in accordance with procedures to be agreed upon and at the request of the employer, employee, or self-employed person, a certificate stating that the concerned employee, or self-employed person, is covered by those laws. The certificate will be evidence that the employee or self-employed person is exempt from the laws on compulsory coverage of the other Party.

(2) The certificate referred to in Paragraph 1 of this article will be issued:

i. In the United States:

By the Social Security Administration

ii. In Québec:

By the ministère du Revenu du Québec.

CHAPTER 3

PROVISIONS ON BENEFITS

Article 5

(1) The liaison agency of the Party with which an application for benefits is first filed in accordance with Article XIII of the Understanding will inform the liaison agency of the other Party of this fact without delay, using forms established for this purpose. It will also transmit documents and such other available information as may be necessary for the liaison agency of the other Party to establish the right of the applicant to benefits according to the provisions of Part III of the Understanding. In the case of an application for disability benefits, it will, in particular, transmit relevant medical evidence in its possession concerning the disability of the applicant.

(2) The liaison agency of a Party which receives an application filed with the liaison agency of the other Party will, without delay, provide the liaison agency of the other Party with such evidence and other available information as may be required to complete action on the claim.

(3) The liaison agency of the Party with which an application for benefits has been filed will verify the accuracy of the information pertaining to the applicant and his family members. The types of information to be verified will be agreed upon by the liaison agencies.

(4) Certification by a liaison agency of information pertaining to civil status or vital statistics exempts the transmission of the probative documents to the other agency. The first agency shall furnish those documents or certified copies thereof which may be obtained upon request of the other agency.

Article 6

In the application of Article VI of the Understanding, the Québec liaison agency will notify the United States liaison agency of the years in which a person is credited with coverage under the Act concerning the Québec Pension Plan along with such other information as may be necessary to determine the amount of the person’s benefit.

Article 7

In the application of Chapter 2 of Part III of the Understanding, the United States liaison agency will notify the Québec liaison agency of the periods of coverage which a person has completed under United States laws, along with such other information as may be necessary to determine the amount of the person’s benefit.

CHAPTER 4

MISCELLANEOUS PROVISIONS

Article 8

In accordance with measures to be agreed upon pursuant to Article 3 of this Administrative Arrangement, the liaison agency of one Party will, upon request of the liaison agency of the other Party, furnish available information relating to the claim of any specified individual for the purpose of administering the Understanding.

Article 9

Where administrative assistance is requested under the Understanding, expenses other than regular personnel and operating costs of the Competent Authorities and agencies providing the assistance shall be reimbursed in accordance with procedures to be agreed upon by the agencies.

Article 10

The liaison agencies of the two Parties will exchange statistics on the payments made to beneficiaries under the Understanding for each calendar year in a form to be agreed upon. The data will include the number of beneficiaries and the total amount of benefits, by type of benefit.

Article 11

This Administrative Arrangement will take effect on the date of entry into force of the Understanding and will have the same period of duration.

Done at Québec on 30 March 1983 in duplicate in the English and French languages, both texts being equally authentic.

For the Government

of Québec

For the Government of

The United States of

America

George W. Jaeger

O.C. 1555-84, Sch. 2.