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Have agreed as follows:
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(2) Benefits under the legislation of one Contracting State shall be awarded to nationals of the other Contracting State, resident outside the territories of both Contracting States, under the same conditions as they are awarded to the nationals of the first Contracting State who reside outside the territories of the Contracting States.
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(1) Except as otherwise provided in Articles 7 to 10, the coverage of an employee shall be determined only by the legislation of the Contracting State in whose territory he is employed.
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(2) In paragraph (1) and in Articles 7 to 10, “legislation” means,
as regards the Federal Republic of Germany, the legislation described in Article 2(1)(a) insofar as it relates to mandatory pension coverage, and,
as regards Canada, the legislation described in Article 2(1)(b)(ii).
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When an employee who is employed in a Contracting State is sent by his employer to the other Contracting State within the context of that employment to perform services for that employer, only the legislation of the first Contracting State shall apply, in respect of those services, during the first sixty calendar months of the employment in the second Contracting State as though the employee were still employed in the territory of the first Contracting State.
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When, but for the application of this Article, a person employed as a member of the crew of a seagoing ship would be subject to the legislation of both Contracting States, only the German legislation shall apply in respect of that employment if the ship is entitled to fly the flag of the Federal Republic of Germany, and only the legislation of Canada shall apply in any other case.
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For the purposes of the Old Age Security Act of Canada:
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(a) if a person, other than a member of the crew of a seagoing ship, 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 the Federal Republic of Germany, that period shall be considered as a period of residence in Canada for that person as well as for his spouse and dependants who reside with him and who are not subject to the German legislation regarding mandatory pension coverage;
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(b) if a person, other than a member of the crew of a seagoing ship, is subject to the German legislation regarding mandatory pension coverage 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 or for his spouse or dependants who reside with him 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 or self-employment;
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(c) if the person referred to in the preceding subparagraph becomes subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada, by virtue of occupying simultaneously more than one employment or self-employment, that period shall not be considered as a period of residence in Canada.
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The following shall apply as regards the Federal Republic of Germany:
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(b) For purposes of determining eligibility for a benefit payable under German legislation through the application of Article 12:
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(i) a month ending on or before December 31, 1965, which is recognized as a month of residence under the Old Age Security Act of Canada shall be considered as a month of contributions under German legislation;
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(ii) a year commencing on or after January 1, 1966, in which a contribution has been made under the Canada Pension Plan shall be considered as twelve months of contributions under German legislation;
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(iii) a month commencing on or after January 1, 1966, which is recognized as a month of residence under the Old Age Security Act of Canada and in relation to which no contribution has been made under the Canada Pension Plan shall be considered as a month of contributions under the German legislation.
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(f) With regard to the termination of a miner’s compensation benefit (Knappschaftsausgleichsleistung) for a miner who has given up employment as a miner, a Canadian mining enterprise shall be considered equivalent to a German mining enterprise.
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The following shall apply as regards benefits payable under the Old Age Security Act of Canada:
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(a) For purposes of determining eligibility for a pension or a spouse’s allowance payable under the Old Age Security Act through the application of Article 12, a period of residence in the territory of the Federal Republic of Germany, 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.
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(b) (i) If a person is entitled to payment of a pension in Canada under the Old Age Security Act without recourse to the provisions of this Agreement, but has not accumulated sufficient periods of residence in Canada to qualify for payment of the pension abroad under that Act, a partial pension shall be payable to him outside the territory of Canada if the periods of residence in the territories of the two Contracting States, when totalized as provided in Article 12, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.
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(c) (i) If a person is not entitled to an Old Age Security pension or a spouse’s allowance solely on the basis of periods of residence in Canada, a partial pension or a spouse’s allowance shall be payable to him if the periods of residence in the territories of the two Contracting States, when totalized as provided in Article 12, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension or a spouse’s allowance.
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(d) (i) Notwithstanding any other provision of this Agreement, the competent institution of Canada shall pay an Old Age Security pension outside the territory of Canada only if the periods of residence in the territories of the two Contracting States, when totalized as provided in Article 12, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for the payment of a pension abroad.
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The following shall apply as regards benefits payable under the Canada Pension Plan:
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(a) For purposes of determining eligibility for benefits payable under the Canada Pension Plan through the application of Article 12, a year including at least three months of coverage under German legislation shall be considered as a year for which contributions have been made under the Canada Pension Plan.
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(b) (i) If a person is not entitled to a disability pension, disabled contributor’s child’s benefit, survivor’s pension, orphan’s benefit, or death benefit solely on the basis of the periods creditable under the Canada Pension Plan, but is entitled to that benefit through totalizing periods of coverage as provided in Article 12, the competent institution of Canada shall calculate the amount of the earnings-related portion of such benefit in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings credited under that legislation.
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(c) No benefit shall be paid under this Article unless the contributor has reached an age at which his contributory period, as defined in the Canada Pension Plan, is at least equal to the minimum qualifying period under the legislation of Canada for entitlement to the benefit in question.
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In applying the legislation specified in Article 2(1), and in implementing this Agreement, the agencies referred to in Article 16(1) may communicate in their respective official languages directly with each other as well as with persons concerned and with their representatives. Decisions of courts and notifications from an institution of one Contracting State may be communicated directly to persons residing in the territory of the other Contracting State and may be sent by registered mail with return receipt.
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(1) If a claim for a benefit payable under the legislation of one Contracting State has been submitted to an agency of the other Contracting State which, under the legislation of the latter State, is competent to receive an application for a corresponding benefit, that application shall be deemed to have been submitted to the competent institution of the first Contracting State. This provision shall apply, as appropriate, to other claims, notices or appeals.
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The transmission of any information about an individual or any business or industrial secret made in accordance with this Agreement, or in accordance with any arrangement for the implementation of this Agreement, shall be governed by the respective national laws concerning the protection of data. Unless disclosure is required under the laws of a Contracting State, such information shall be treated as confidential by the recipient and shall be used only for purposes of implementing this Agreement and the legislation to which this Agreement applies.
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(4) Cash benefits awarded before the entry into force of this Agreement, where applicable by virtue of the Convention of March 30, 1971, may be recalculated ex officio in accordance with the provisions of this Agreement. If such recalculation, whether on application or ex officio, results in no entitlement or in entitlement in a lesser amount than that last paid for any period prior to the entry into force of this Agreement, the same amount of cash benefits as previously paid shall continue to be paid, paragraph (3) notwithstanding.
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The Government of the Federal Republic of Germany and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada insofar as those understandings are not inconsistent with the provisions of this Agreement.
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1 With reference to Article 1(1)(g) of the Agreement:
As regards Canada, a period of receipt of a disability pension under the Canada Pension Plan shall be considered equivalent to a period of coverage.
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3 With reference to Article 4 of the Agreement:
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(b) The German legislation which guarantees participation of the insured and of employers in the organs of self-government of the institutions and their associations, as well as in the adjudication of social security matters, shall remain unaffected.
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(d) As regards the legislation of Canada, Article 4 shall also apply to the persons specified in subparagraph (e) of Article 3.
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4 With reference to Article 5 of the Agreement:
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(a) Article 5 shall apply, as appropriate, to cash benefits payable under German Accident Insurance to beneficiaries who are Canadian nationals and who reside in the territory of a province of Canada, provided that the laws of that province regarding statutory accident insurance provide for payment of corresponding cash benefits to German nationals who reside in the territory of the Federal Republic of Germany. This shall apply, as appropriate, with regard to the persons specified in subparagraphs (b), (c) and (d) of Article 3 who reside in Canada in the territory of one of that country’s provinces, provided that the laws of that province regarding statutory accident insurance provide for the payment of corresponding cash benefits to the persons specified in subparagraphs (b), (c) and (d) of Article 3, who reside in the territory of the Federal Republic of Germany.
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(e) Article 5 shall not apply to a person who resides in Canada with regard to a pension under the German legislation governing occupational disability, general disability or reduced capacity for gainful employment as a miner, if the occupational disability, the general disability or the reduced capacity for gainful employment as a miner is not due solely to the person’s state of health.
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(f) As regards the legislation of Canada, Article 5 shall also apply to the persons specified in subparagraph (e) of Article 3.
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5 With reference to Articles 6, 7 and 8 of the Agreement:
Articles 6, 7 and 8 shall apply, as appropriate, to persons who are not employees but who are nevertheless subject to the legislation described in Article 2(1)(a).
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7 With reference to Article 9 of the Agreement:
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(a) When a German national is employed in the territory of Canada by the government or other public employer of the Federal Republic of Germany, the German legislation shall apply for the duration of the employment as though it were employment in the territory of the Federal Republic of Germany, unless the legislation of Canada is applicable as described in Article 9.
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(c) Article 9 of the Agreement and subparagraphs (a) and (b) above shall apply correspondingly to a person who is employed as a private servant by a member or employee of an official German representation in Canada.
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8 With reference to Article 10 of the Agreement:
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(a) As regards the Federal Republic of Germany, a person who is not employed in its territory shall be deemed to be employed at the place where he had his last previous employment. If he was not previously employed in the territory of the Federal Republic of Germany, he shall be deemed to be employed at the place where the competent German authority is domiciled.
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9 With reference to Article 12 of the Agreement:
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(a) Article 12 shall apply, as appropriate, to benefits which are granted under German legislation at the discretion of an institution.
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(b) As regards the granting of supplementary benefits under the German legislation governing Miners’ Pension Insurance, periods of coverage completed under the legislation of Canada shall not be taken into account.
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11 With reference to Article 16 of the Agreement:
The cash expenditures referred to in the second sentence of Article 16(1) shall not include minor expenses such as postage or regular personnel and operating costs.
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