ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND GREECE
THE COMPETENT AUTHORITY OF QUÉBEC
AND
THE COMPETENT AUTHORITY OF GREECE
CONSIDERING Article 34 of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Hellenic Republic signed at Québec on 7 December 2004;
HAVE AGREED AS FOLLOWS:
TITLE I
GENERAL
ARTICLE 1
DEFINITIONS
In this Administrative Arrangement,
(a) the term “Agreement” shall mean the Agreement on Social Security between the Gouvernement du Québec and the Government of the Hellenic Republic signed at Québec on 7 December 2004; and
(b) all other terms shall have the meaning given to them in Article 1 of the Agreement.
ARTICLE 2
LIAISON AGENCIES
In accordance with the provisions of paragraph 2 of Article 34 of the Agreement, the liaison agencies designated by each Party shall be,
as regards Québec,
the Bureau des ententes de sécurité sociale of the Régie des rentes du Québec or any other body that the competent authority of Québec may subsequently designate;
as regards Greece,
(a) the Agricultural Insurance Organization (OGA) for social security benefits under that system; and
(b) the General Social Security Scheme (IKA) for social security benefits under other systems referred to in subparagraph b of paragraph 1 of Article 2 of the Agreement.
ARTICLE 3
INSTITUTIONS OF THE PLACE OF STAY OR RESIDENCE
For the purposes of Chapters 2 and 3 of Title III of the Agreement and the corresponding Chapters of the Arrangement, institutions of the place of stay or residence shall be the institutions authorized to provide benefits in kind, namely
(a) for Greece: the General Social Security Scheme (IKA);
(b) for Québec:
i. the Commission de la santé et de la sécurité du travail for the benefits referred to in Chapter 2; and
ii. the Régie de l’assurance maladie du Québec for the benefits referred to in Chapter 3.
TITLE II
APPLICABLE STATUTES
ARTICLE 4
CERTIFICATE OF COVERAGE
(1) For the purposes of Article 7, Article 8 and paragraphs 1 and 13 of Article 11 of the Agreement, where a person remains subject to the statutes of one Party while working in the territory of the other Party, a certificate of coverage is issued, at the request of the employer or the self-employed person,
(a) by the Québec liaison agency, where the person remains subject to the statutes of Québec; and
(b) by the General Social Security Scheme (IKA), where the person remains subject to the statutes of Greece.
(2) For the purposes of paragraph 2 of Article 8 or Article 13 of the Agreement, the request referred to in paragraph 1 shall be made to the competent institution or authority of the Party whose statutes remain applicable. The request for approval and the reply shall be made by letter, through the liaison agency in the case of Québec.
ARTICLE 5
DUAL STATUS
(1) For the purposes of Article 9 of the Agreement, the Québec liaison agency, at the request of the person concerned, shall verify coverage of the person under the statutes of Québec and shall inform the Greek liaison agency by means of a form provided for that purpose, indicating the nature and duration of employment under the statutes of Québec.
(2) The Greek liaison agency shall forward the form to the competent institution.
ARTICLE 6
ABSENCE OF ESTABLISHMENT IN THE TERRITORY OF WORK
For the purposes of Article 12 of the Agreement, the person concerned shall submit to each competent institution of the place where the person resides proof of professional activity and income to determine the amount of applicable contributions. Where the person resides in Greece, the person shall pay the contributions required of the employee and the employer.
ARTICLE 7
VOLUNTARY INSURANCE UNDER GREEK STATUTES
For the purposes of Article 14 of the Agreement, the Québec liaison agency, at the request of the Greek liaison agency, shall certify the period of insurance completed under the statutes of Québec using the liaison form.
TITLE III
BENEFITS
CHAPTER 1
RETIREMENT, DISABILITY AND SURVIVORS’ BENEFITS
ARTICLE 8
CLAIM FOR BENEFITS
(1) A claim for a benefit in accordance with Chapter 1 of Title III of the Agreement must be filed with the competent institution or the liaison agency of the place of the person’s residence.
(2) In the case of a person residing in the territory of a third State, the claim for a benefit under the Agreement may be filed with a liaison agency of either Party or with the competent institution.
(3) Where the claim for a benefit is received by the liaison agency or the competent institution, that agency or institution shall forward the claim to the liaison agency or the competent institution of the other Party using the form provided for that purpose.
(4) Any information on civil status appearing on a claim form shall be certified by the liaison agency forwarding the claim, which shall exempt the agency from having to forward the supporting documents.
(5) Any original document or its copy shall be kept by the liaison agency with which it was originally filed and a copy shall be made available to the competent institution of the other Party, on request.
(6) A liaison form shall accompany the claim and the supporting documents referred to in this Article.
(7) If so requested by the competent institution or by the liaison agency of one Party, the liaison agency or the competent institution of the other Party shall indicate, on the liaison form, the periods of insurance recognized under the statutes it applies.
(8) As soon as a decision regarding a claim has been made pursuant to the statutes it administers, the competent institution shall notify the claimant and inform the claimant about recourses and time limits for such recourse prescribed by such statutes; the competent institution shall also inform the liaison agency of the other Party of the decision using the liaison form.
CHAPTER 2
BENEFITS FOLLOWING AN INDUSTRIAL ACCIDENT OR AN OCCUPATIONAL DISEASE
ARTICLE 9
STAY OR RESIDENCE IN THE TERRITORY OF THE OTHER PARTY
For the purposes of Articles 23 and 24 of the Agreement,
(a) person qualified for a benefit under the statutes of one Party must submit an attestation certifying that the person is authorized to receive benefits to be entitled to benefits in kind provided by the institution of the place of stay or residence of the other Party;
(b) the attestation referred to in paragraph a shall be issued by the competent institution and shall indicate, if applicable, the maximum duration for which benefits in kind may be provided. The attestation may be issued after the person concerned has left, at the person’s request or at the request of the institution of the place of stay or of the new residence;
(c) where a person referred to in Article 8 of the Agreement files a claim under the statutes of one Party while staying in the territory of the other Party, the person may submit a disability certificate issued by a physician to the institution of the place of stay. The certificate shall immediately be sent to the competent institution. That institution may ask the institution of the place of stay to proceed as soon as possible with the administrative review on the circumstances of the accident and, if necessary, to the medical assessment as if the person was insured by that institution. The administrative review report and, if applicable, the medical assessment indicating the probable duration of the disability shall be immediately sent by the institution of the place of stay to the competent institution for a decision. The cost of the medical assessment shall be borne by the competent institution;
(d) the institution of the place of stay or residence may provide, in an emergency, benefits in kind required by the condition of the person without prior authorization and at the expense of the competent institution;
(e) orthoses, prostheses and large devices shall be subject to a specific authorization from the competent institution. The authorization is not required in an emergency;
(f) the competent institution and the person concerned must inform the institution of the place of stay or residence of any change likely to affect entitlement to benefits in kind, in particular any change of residence or place of stay, and the termination of entitlement to benefits. The institution of the place of stay or residence may request at any time that the competent institution provide the information on a person’s entitlement to benefits in kind.
ARTICLE 10
AGGRAVATION
For the purposes of Chapter 2 of the Agreement and the Arrangement, the word “aggravation” includes a relapse or a recurrence.
ARTICLE 11
OCCUPATIONAL DISEASE CONTRACTED AFTER EXPOSURE UNDER THE STATUTES OF EACH PARTY
(1) For the purposes of paragraphs 1 and 2 of Article 25 of the Agreement, the institution receiving the claim shall establish the period of exposure completed under the statutes of each Party and shall determine which institution is competent to process the claim after verifying with the institution of the other Party, if necessary.
(2) If the institution that received the claim referred to in paragraph 1 is the institution competent to process the claim, the institution shall establish entitlement to the benefit in accordance with paragraph 1 of Article 25 of the Agreement. Otherwise, the institution that received the claim shall send the claim to the competent institution of the other Party along with supporting documents and shall inform the claimant.
(3) For the purposes of paragraph 3 of Article 25 of the Agreement, a beneficiary entitled to benefits in kind payable by the institution located in a territory other than the territory in which the beneficiary stays or resides shall submit the certificate referred to in paragraph a of Article 9 of the Arrangement to the institution of the place of stay or residence.
CHAPTER 3
HEALTH AND HOSPITAL BENEFITS
ARTICLE 12
STAY OR RESIDENCE IN QUÉBEC
To be entitled to benefits in kind in the territory of Québec,
(a) an insured person referred to in Articles 30 to 32 of the Agreement must register with the Régie de l’assurance maladie du Québec using the form provided for that purpose and filing immigration documents corresponding to the person’s status in Québec and, if applicable, proof of domicile. The same applies to dependents accompanying or joining an insured person referred to in Article 30 or 31;
(b) at the time of registration, the following certificates must also be filed:
i. a certificate of eligibility issued by the competent Greek institution indicating entitlement to benefits of the insured person or the person’s dependents immediately before their departure for Québec, in the cases referred to in Article 30 of the Agreement;
ii. a certificate of eligibility issued by the competent Greek institution certifying entitlement to benefits of the insured person and the person’s dependents as well as the maximum duration, in the cases referred to in Article 31 of the Agreement;
iii. a certificate of eligibility issued by the competent Greek institution certifying entitlement to benefits and an attestation of enrolment as full-time student, in the cases referred to in Article 32 of the Agreement.
ARTICLE 13
STAY OR RESIDENCE IN GREECE
To benefit from the provisions of Articles 30 to 32 of the Agreement, an insured person must file,
(a) in the cases referred to in Article 30 of the Agreement, a form issued by the competent institution of Québec indicating the periods of health insurance completed under the statutes of Québec;
(b) in the cases referred to in Article 31 of the Agreement, a form certifying entitlement to benefits for the insured person and the person’s dependents, and the maximum duration of entitlement; and
(c) in the cases referred to in Article 32 of the Agreement, a form issued by the competent institution of Québec indicating entitlement to benefits and maximum duration of the entitlement as well as an attestation of the person’s enrolment as student.
ARTICLE 14
TERM OF VALIDITY OF ATTESTATIONS AND CERTIFICATES
(1) Persons referred to in Article 32 must renew every year entitlement to benefits in the territory of stay by filing a new certificate of eligibility.
(2) The institution or agency issuing an attestation or certificate must inform the institution in the place of stay of any change likely to affect entitlement to benefits, including the addition or deletion of a dependent or the expected expiry of the document issued.
TITLE IV
MISCELLANEOUS
ARTICLE 15
REIMBURSEMENT BETWEEN INSTITUTIONS
(1) Benefits in kind provided pursuant to Articles 31 and 32 of the Agreement shall be reimbursed on the basis of the expenses incurred by the institution of the place of stay as described in the individual statements of expenses that it submits.
(2) The statements of expenses established by the Greek institutions shall be consolidated by the Greek liaison agency. That agency and the Régie de l’assurance maladie du Québec send each other every year current statements along with a summary report, including a copy that is sent to the Québec liaison agency.
(3) For the purposes of paragraph b of Article 23 and Article 38 of the Agreement and paragraph c of Article 9 of the Arrangement, at the end of each calendar year, where the institution of the place of stay or residence has paid benefits in kind or has had medical assessments or examinations made on behalf or at the expense of the competent institution of the other Party, the institution of the first Party shall send to the institution of the other Party, through liaison agencies, a statement of benefits paid or of the fees pertaining to the assessments and examinations made during the year under consideration, indicating the amount owed. That statement shall be accompanied by all supporting documents.
(4) Each debtor institution shall pay the amounts owed to the other institution within six months following the date of receipt of the reimbursement claims sent in accordance with the provisions of paragraphs 2 and 3.ARTICLE 16
FORMS
Any form or document necessary to implement the procedures provided in the Administrative Arrangement shall be determined by mutual agreement by the competent institutions and bodies responsible for the implementation of the Agreement for each of the Parties.
ARTICLE 17
STATISTICS
The liaison agencies of both Parties shall exchange, in the form agreed upon, statistical data concerning the payments made to the beneficiaries during each calendar year under the Agreement. Such data may include the number of beneficiaries and the total amount of benefits, by benefit category.
TITLE V
FINAL
ARTICLE 18
COMING INTO FORCE AND TERM
This Administrative Arrangement shall come into force on the same date as the Agreement and its term is the same as the term of the Agreement.
Done at Québec on 7 December 2004, in two copies, in French and in Greek, both texts being equally authentic.
For the competent authority of Québec
_____________________________
MONIQUE GAGNON-TREMBLAY,
Minister of International Relations
For the competent authority of the Hellenic Republic
_____________________________
YANNIS MOURIKIS,
Ambassador of the Hellenic Republic