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Have agreed as follows:

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• 1 For the purpose of this Agreement, unless the context otherwise requires:

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  • (f) "Government employment" includes, in relation to Canada, employment as a member of the Royal Canadian Mounted Police or the Armed Forces of Canada, employment of any person by the Government of Canada, the government or a municipal corporation of any province, and includes any employment as may be so designated, from time to time, by Canada; in relation to Greece, the employment of public servants and assimilated personnel to the extent that they are subject to a social security scheme, and including any employment as may be so designated, from time to time, by Greece;

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• (b) 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;

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• 4 Provincial social security legislation may be dealt with in arrangements as specified in Article XXI.

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• 1 This Agreement applies to persons who are, or have been, subject to the legislation referred to in Article II and to their dependants and survivors as specified by the legislation of either Party.

• 2 Subject to this Agreement, persons described in the preceding paragraph, regardless of their nationality, are subject to the legislation of one Party and are eligible for benefits under that legislation under the same conditions as citizens of that Party.

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Subject to the provisions of Articles VIII, IX and X of this Agreement, the pensions, benefits, annuities and death allowances acquired under the legislation of one of the Parties, as well as those which will flow from this Agreement, shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the beneficiary resides in the territory of the other Party, and they shall be payable in the territory of the other Party.

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• 2 An employed person who is covered under the legislation of one of the Parties 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 former Party as though those services were performed in its territory. In the case of an assignment, this coverage may not be maintained for more than 24 months without the prior consent of the competent authorities of both Parties.

• 3 A person who is employed as a member of the crew of an aircraft shall, in respect of that work, be subject only to the legislation of the Party in the territory of which the employer's principal place of business is located.

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• 1 Subject to paragraph 2, where, under the terms of this Part, a person other than a person referred to in Article VI, paragraphs 3 and 5, is subject to the legislation of Canada or the comprehensive pension plan of a province, during any period of residence in the territory of Greece, that period of residence shall, in respect of that person, his spouse and dependants who reside with him and do not occupy employment during that period, be treated as a period of residence in Canada for the purposes of the Old Age Security Act.

• 2 Any period during which a spouse or a dependant person referred to in paragraph 1 is subject, by reason of employment, to the legislation of Greece, shall not be treated as a period of residence in Canada for the purposes of the Old Age Security Act.

• 3 Subject to paragraphs 4 and 5, where, under the terms of this Part, a person other than a person referred to in Article VI, paragraphs 3 and 5, is subject to the legislation of Greece during any period of residence in Canada, that period of residence shall not be treated as residence in Canada for the purposes of the Old Age Security Act, in respect of that person, his spouse and dependants who reside with him and are not employed during that period.

• 4 Periods during which the spouse or dependant referred to in paragraph 3 is contributing to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada as a result of employment shall be treated as periods of residence in Canada for the purposes of the Old Age Security Act.

• 5 If a person referred to in paragraph 3 also becomes subject to the Canada Pension Plan or the comprehensive pension plan of a province of Canada, by virtue of occupying simultaneously more than one employment, such period of employment shall not be treated as a period of residence for the purposes of the Old Age Security Act.

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• 4

  • (a) For purposes of establishing entitlement to an old age benefit payable by Canada under paragraph 5 of this Article, residence in the territory of Greece after the age specified and determined in the Administrative Arrangement shall be counted as residence in the territory of Canada;

  • (b) For purposes of establishing entitlement to an old age benefit payable by Greece under paragraph 5 of this Article,

    • (i) a month ending on or before December 31, 1965 which would be recognized as a month of residence under the Old Age Security Act shall be treated as a month of contributions under the legislation of Greece,

    • (ii) a year in which a contribution has been made to the Canada Pension Plan and commencing on or after January 1, 1966 shall be accepted as twelve months of contributions under the legislation of Greece,

    • (iii) a month commencing on or after January 1, 1966 which would be a month of residence for the purposes of the Old Age Security Act and in relation to which no contribution has been made under the Canada Pension Plan shall be accepted as a month of contribution under the legislation of Greece provided, however, that the interested person has contributed to the Canada Pension Plan for a period of at least equal duration. For the application of this provision, one year of contributions is considered to be equal to twelve months,

• 5 If a person does not satisfy the conditions required for entitlement to old age benefits except through totalizing of periods as covered in paragraph 3, the competent institution shall calculate the amount of the pension:

  • (a) as regards Canada, in conformity with the legislation which it administers, directly and exclusively on the basis of the periods accomplished under its legislation;

  • (b) as regards Greece, the competent institution shall first determine the amount of the benefit by taking into consideration, to the extent necessary, periods credited under the legislation of Canada as if they had been completed under the Greek insurance schemes, excluding overlapping periods. The average salary or the average income taken into consideration for the calculation of the benefit shall be determined strictly on the basis of income or salaries earned during periods of participation in the Greek insurance schemes. On the basis of the pension amount thus calculated (adjusted, as the case may be, to the amount of the guaranteed minimum pension) the Greek institution shall determine the benefit owing by multiplying that amount by the ratio that the number of periods of Greek insurance represents in relation to the total number of periods taken into account.

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• 2 If a person is not entitled to the Spouse's Allowance because he has not satisfied the residence requirements of the Old Age Security Act but he has resided in the territories of the Parties for a total of at least 10 years after the age specified and determined in the Administrative Arrangement, Canada shall pay to that person a partial Spouse's Allowance, calculated as prescribed by the Old Age Security Act.

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• 3 If a person is not entitled to a benefit solely on the basis of the periods credited under the legislation of one of the Parties, entitlement to the benefit shall be determined by totalizing the credited periods in accordance with the provisions of the succeeding paragraphs of this Article. For the purposes of survivor's benefits, children's benefits and death benefits only, any reference in this Article to a credited period shall be construed as applying to the person by virtue of whose contributions a benefit is being claimed.

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  • (a) For the purposes of establishing entitlement to a benefit payable by Canada under paragraph 5 of this Article, a year including at least 75 days of insurance under the legislation of Greece shall be accepted as a year for which contributions have been made under the Canada Pension Plan;

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• 1 The competent authorities and the institutions responsible for the application of this Agreement

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  • (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 insofar as these changes affect the application of this Agreement.

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Any claim, notice or appeal which should, for the purposes of the legislation of one of the Parties, have been presented within a prescribed period to the competent authority of that Party or one of its institutions responsible for the application of this Agreement, but which is in fact presented within the same period to the corresponding authority or institution of the other Party, shall be treated as if it had been presented to the authority or institution of the former Party. In such cases, the authority or institution of the latter Party shall, as soon as possible, arrange for the claim, notice or appeal to be sent to the authority or institution of the former Party.

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The competent authority of Greece and the competent authorities of the provinces of Canada may conclude understandings concerning any social security legislation within provincial jurisdiction insofar as those understandings are not inconsistent with the provisions of this Agreement.

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