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• 1 For the purposes of this Convention,

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  • (d)  period of insurance means a period of contributions, professional activity or residence defined or considered as such by the legislation under which these periods have been completed for purposes of establishing entitlement to benefits;

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Unless otherwise provided in this Convention, it shall apply to persons who are or who have been subject to the legislation of one or both Parties as well as those who derive their rights from these persons.

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• 1 If a person is not entitled to the payment of a benefit because he or she has not accumulated sufficient periods of insurance under the legislation of a Party, entitlement to the payment of that benefit shall be determined by totalizing these periods and those specified in paragraphs 2 and 3 of this Article, provided that these periods do not overlap.

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• 4 The periods which, under the legislation of Luxembourg, result in the extension of the reference period during which the period required for entitlement to disability and survivor’s pensions must be completed, shall also be taken into account if these periods are completed in the territory of Canada.

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If, after totalizing insurance periods as provided in Article VIII of this Convention, a person is not entitled to a benefit because he or she has not accumulated sufficient periods of insurance under the legislation of both Parties, entitlement to that benefit shall be determined by totalizing these periods and the periods of insurance under the legislation of a third State with which both Parties are bound by an international social security instrument which provides for totalizing of periods of insurance.

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• 1 If the total length of the periods of insurance completed under the legislation of a Party is less than one year, the competent institution of that Party shall not be obliged to award a benefit in respect of those periods, unless, on the basis solely of these periods, the person is entitled to a benefit under the legislation being applied by that institution.

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• 2 If a person is entitled to a pension under the legislation of Luxembourg, but solely through totalizing the periods as provided in Article VIII, the following rules shall apply:

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  • (c) to determine the theoretical amount referred to in paragraph (a) above, the institution of Luxembourg shall credit for the periods completed under the legislation of the other Party:

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    • (ii) with respect to calculating fixed increases and special fixed increases, a fixed amount equal to that which would be payable if these periods had been completed under the legislation being applied by the institution.

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• 1 The competent authorities shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Convention and about changes in their respective legislation insofar as these changes affect the application of this Convention.

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