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Have agreed as follows:

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• 3 Paragraph (4) of Article 4 of the Agreement shall be deleted and the following paragraph substituted in its place:

  • “(4) As regards Austrian legislation concerning the crediting of periods of war service and periods considered as equivalent, Canadian nationals who were Austrian nationals immediately before 13 March 1938 shall receive equal treatment with Austrian nationals.”

• 4 Paragraph (3) of Article 5 of the Agreement shall be deleted and the following paragraph substituted in its place:

  • “(3) As regards Austrian legislation, paragraph (1) of this Article shall not apply to the compensatory supplement.”

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• 8 Article 12 of the Agreement shall be deleted and the following Article substituted in its place:

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  When a person who has completed periods of coverage under the legislation of both Parties, or the survivor of such a person, claims a benefit, the competent Austrian institution shall determine, in accordance with Austrian legislation, whether the claimant is entitled to a benefit by adding together the periods of coverage, as provided in Article 11, and taking into account the following provisions:

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  • (c) Periods of coverage completed under the legislation of Canada shall be taken into account as follows:

    • (i) a calendar year which is a period of coverage under the Canada Pension Plan shall be accepted as twelve months of contributions under Austrian legislation;

    • (ii) a calendar month which contains at least fifteen days of coverage under the Old Age Security Act of Canada and which is not part of a period of coverage under the Canada Pension Plan shall be accepted as a month of coverage under Austrian legislation.”

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• 11 Section 2 of Part III of the Agreement shall be amended by inserting, immediately after the title thereof, the following new Article 15:

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  • (1) If a person is not entitled to the payment of a benefit on the basis of the periods of coverage completed under the legislation of both Parties, added together as provided in Article 11, the entitlement of that person to the payment of that benefit shall be determined by adding together these periods and periods of coverage completed under the legislation of a third State with which Canada is bound by a social security instrument which provides for totalizing periods.

• 12 Paragraphs (2) to (4) of Article 16 of the Agreement shall be deleted and the following paragraphs substituted in their place:

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  • (4) Notwithstanding any other provision of this Agreement:

    • (a) an Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of coverage, when added together as provided in Article 11 and paragraph (1) of Article 15, 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;

• 13 In sub-paragraph (2)(a) of Article 17 of the Agreement, the words “a disability pension, disabled contributor’s child’s benefit, survivor’s pension, orphan’s benefit or death benefit” shall be replaced by the words “a benefit”; and, immediately after the words “as provided in Article 11”, the words “and paragraph (1) of Article 15” shall be inserted.

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• 1 This Supplementary Agreement shall be ratified. The instruments of ratification shall be exchanged at Ottawa as soon as possible.

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• 3 Paragraph (3) of Article 5 of the Agreement, as amended by this Supplementary Agreement, shall enter into force retroactively as of 1 November 1991.

• 4 Paragraph (1) of Article 13 of the Agreement, as amended by this Supplementary Agreement, shall enter into force retroactively as of 1 January 1994.

• 5 If, on the date of entry into force of this Supplementary Agreement, a person is compulsorily covered under the legislation of both Parties with respect to self-employment, paragraph (3) of Article 7 of the Agreement, as amended by this Supplementary Agreement, shall apply to that person only if he or she requests, in writing, that this be the case. If such a request is submitted to the competent institution of either Party within six months of the date of entry into force of this Supplementary Agreement, that provision shall apply as of the date of entry into force. In any other case, it shall apply on the first day of the calendar month following the month in which the request is submitted.

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