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  1. Proclamation Amending the Agreement on Social Security Between Canada and the Hellenic Republic in Force December 1, 1997 - SI/97-134
    Proclamation Amending the Agreement on Social Security Between Canada and the Hellenic Republic in Force December 1, 1997

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    Have agreed as follows:

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    • (a) “benefit” means, as regards a Party, any benefit for which provision is made in the legislation specified in Article II(1) with respect to that Party, and includes any supplements or increases applicable to such a benefit;

    • (b) “competent authority” means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards Greece, the Ministry of Labour and Social Security;

    • (c) “competent institution” means, as regards Canada, the competent authority; and, as regards Greece, the institution or authority responsible for the application of the legislation specified in Article II(1)(b);

    • (d) “creditable period” means, as regards Canada, a period of contributions or residence used to acquire the right to a benefit under the legislation of Canada, and includes any period during which a disability pension is payable under the Canada Pension Plan; and, as regards Greece, a period of insurance used to and includes any period defined under that legislation as equivalent to a period of insurance or recognized as such;

    • (e) “Government of Canada” means the Government in its capacity as representative of Her Majesty the Queen in right of Canada and represented by the Minister of Employment and Immigration;

    • (f) “legislation” means, as regards a Party, the legislation specified in Article II(1) with respect to that Party;

    • (g) “territory” means, as regards Canada, the territory of Canada; and, as regards Greece, the territory of the Hellenic Republic.

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    • (ii) the legislation on the special schemes concerning the social security of all categories of salaried workers as well as of self-employed workers and professionals, other than the special legislation concerning the pensions of public servants and the legislation concerning seafarers, and

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    Any person who is or who has been subject to the legislation of a Party, and the dependants and survivors of such a person, shall be subject to the obligations of the legislation of the other Party and shall be eligible for the benefits of that legislation under the same conditions as citizens of the latter Party.

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    • 2 An employed person who is subject to the legislation of a Party and who performs services in the territory of the other Party for the same employer shall, in respect of those services, be subject only to the legislation of the first Party as though those services were performed in its territory. In the case of an assignment to the territory of the other Party, this coverage may not be maintained for more than 60 months without the prior consent of the competent authorities of both Parties.

    • 3 A person who, but for this Agreement, would be subject to the legislation of both Parties in respect of employment as a member of the crew of a ship shall, in respect of that employment, be subject only to the legislation of Canada if he or she ordinarily resides in the territory of Canada and only to the legislation of Greece in any other case.

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    In determining eligibility for voluntary insurance in accordance with Greek legislation, creditable periods completed by a person under the Canada Pension Plan shall be considered as creditable periods completed under Greek legislation, if the person fulfils the other requirements provided in the Greek legislation.

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    • (a) if a person is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during any period of residence in the territory of Greece, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse and dependants who reside with him or her and who are not subject to the legislation of Greece by reason of employment; and

    • (b) if a person is subject to the legislation of Greece during any period of residence in the territory of Canada, that period shall not be considered as a period of residence in Canada for that person and for that person’s spouse and dependants who reside with him or her and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment.

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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 creditable periods under the legislation of a Party, the entitlement of that person to the payment of that benefit shall be determined by totalizing these periods and, to the extent necessary, periods completed under the legislation of the other Party, as specified in paragraphs 2 through 4, provided that the periods do not overlap.

    • 2 (a) For purposes of determining entitlement to the payment of a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of Greece or a period of residence in Greece, after the age at which periods of residence in Canada are creditable for purposes of that Act, shall be considered as a period of residence in the territory of Canada.

    • (b) For purposes of determining entitlement to the payment of a benefit under the Canada Pension Plan, a calendar year including at least 75 days which are creditable periods under the legislation of Greece shall be considered as a year which is creditable under the Canada Pension Plan.

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    • (a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 300 days which are creditable under the legislation of Greece; and

    • (b) a calendar month which is a creditable period under the Old Age Security Act of Canada and which is not part of a creditable period under the Canada Pension Plan shall be considered as 25 days which are creditable under the legislation of Greece.

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    If a person is not entitled to the payment of a benefit on the basis of the creditable periods under the legislation of the Parties, totalized as provided in Article IX, the entitlement of that person to the payment of that benefit shall be determined by totalizing these periods and creditable periods under the legislation of a third State with which both Parties are bound by social security instruments which provide for the totalizing of periods.

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    • (a) an Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of residence, when totalized as provided in Chapter 1, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for entitlement to the payment of a pension outside Canada; and

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    • 2 If a person is entitled to the payment of a benefit solely through the application of the totalizing provisions of Chapter 1, the benefit due under Greek legislation shall be determined as follows:

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    • (c) If the amount, as determined above, is less than the minimum benefit provided under Greek legislation, the minimum benefit amount shall be taken into account.

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    • (b) shall lend their good offices and furnish assistance to one another with regard to the determination of entitlement to, or payment of, any benefit under this Agreement, or the legislation to which this Agreement applies, as if the matter involved the application of their own legislation; and

    • (c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation in so far as these changes affect the application of this Agreement.

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    • 1 Any claim, notice or appeal concerning the determination or payment of a benefit under the legislation of a Party which should, for the purposes of that legislation, have been presented within a prescribed period to a competent authority or institution of that Party, but which is presented within the same period to an authority or institution of the other Party, shall be treated as if it had been presented to the competent authority or institution of the first Party.

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    • 4 Unless the Parties mutually determine otherwise, the arbitral tribunal shall consist of 3 arbitrators, of whom each Party shall appoint one and the two arbitrators so appointed shall appoint a third who shall act as president; provided that if the two arbitrators fail to agree, the President of the International Court of Justice shall be requested to appoint the president.

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    The relevant authority of Greece and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada in so far as those understandings are not inconsistent with the provisions of this Agreement.

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    • (d) In no case shall the amount of a benefit be reduced as a result of such recalculation.

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  2. Proclamation Amending the Agreement on Social Security Between Canada and the Hellenic Republic in Force December 1, 1997 - SI/97-134
    Proclamation Amending the Agreement on Social Security Between Canada and the Hellenic Republic in Force December 1, 1997

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    And whereas, by Order in Council P.C. 1997-1525 of October 23, 1997, the Governor in Council directed that a proclamation do issue giving notice that the Agreement on Social Security between Canada and the Hellenic Republic is in force as of December 1, 1997;

    Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation give notice that the Agreement on Social Security between Canada and the Hellenic Republic, signed at Toronto on November 10, 1995, a copy of which is annexed hereto, is in force as of December 1, 1997.

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