R-9, r. 40 - Regulation respecting the implementation of the Understanding on Social Security between the Gouvernement du Québec and the Swiss Confederation

Schedule Disposition versions

2012-09-01

SCHEDULE II

(s. 2)

FINAL PROTOCOL REGARDINT THE

UNDERSTANDING ON SOCIAL SECURITY

BETWEEN THE GOUVERNEMENT DU QUÉBEC

AND THE SWISS CONFEDERATION

AT THE TIME OF SIGNING THE UNDERSTANDING ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE SWISS CONFEDERATION, THE UNDERSIGNED PLENIPOTENTIARIES STATED THAT THEY ARE IN AGREEMENT ON THE FOLLOWING POINTS:

1. Paragraph 1 of Article 4 shall not apply to Swiss legal provisions on

(a) voluntary Old Age, Survivors and Disability Insurance of Swiss nationals residing abroad;

(b) Old Age, Survivors and Disability Insurance of Swiss nationals working abroad for an employer in Switzerland and being paid by that employer;

(c) welfare allowances granted to Swiss nationals residing abroad.

2. The provisions of the Understanding shall not prevent the application of a provision of the Swiss legislation which would be more advantageous to persons with respect to benefits.

3. With respect to paragraph 1 of Article 6, the income a person receives from gainful employment in the territory of Québec shall not be taken into account in the calculation of contributions required under Swiss legislation.

4. The spouse and children accompanying a detached person in Switzerland within the meaning of Article 7 shall be exempted from coverage under Swiss legislation in so far as they are not pursuing gainful employment in Switzerland.

5. The spouse and children accompanying a detached person in Québec within the meaning of Article 7 shall remain insured under Swiss legislation in so far as they are not pursuing gainful employment in Québec.

6. Québec nationals residing in Switzerland who leave Switzerland for a period not exceeding two months shall not interrupt their residence in Switzerland within the meaning of Article 11, paragraph 2.

7. Québec nationals not domiciled in Switzerland who have had to forsake gainful employment in that country because of an accident or illness and who benefit from Swiss Disability Insurance rehabilitation measures or who live in Switzerland until the settlement of the insured contingency shall be considered insured under Swiss legislation for entitlement to benefits under Disability Insurance. Such persons shall be required to pay contributions to Old Age, Survivors and Disability Insurance as if they were domiciled in Switzerland.

8. With respect to Article 13, the duration of residence in Switzerland of a Québec national shall be considered as uninterrupted by a sojourn outside the territory of Switzerland for a period not exceeding three months within a calendar year. However, a period of residence in Switzerland during which a Québec national has been exempt from coverage to Swiss Old Age, Survivors and Disability Insurance shall not be considered a period of residence for purposes of Article 13.

9. The refund of contributions paid under Swiss legislation, carried out in accordance with the provisions of Swiss legislation on the refund of contributions to foreigners and stateless persons, shall not bar the payment of extraordinary pensions in accordance with Article 13. In such cases, however, the amount of contributions refunded shall be charged against benefits to be paid.

Done in duplicate at Montréal, this 25th day of February, 1994, in the French language.

FOR THE GOUVERNEMENT DU QUÉBEC

Violette Trépanier

FOR THE SWISS FEDERAL COUNCIL

(Illegible)

O.C. 918-95, Sch. II.