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HAVE AGREEDas follows:

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A Party shall ensure that any person who is or who has been subject to the legislation of the other Party, and any person who derives eligibility to a benefit from that first person, is subject to the obligations and eligible to the benefits under the legislation of the first Party, under the same conditions as a citizen of the first Party.

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If an employed person who is subject to the legislation of a Party is sent by that person’s employer to work in the territory of the other Party, that person is, in respect of that work, subject only to the legislation of the first Party, as though that work were performed in the first Party’s territory. The consent of both Parties is required to extend the detachment beyond a period of 24 months.

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A person who is subject to the legislation of both Parties for employment as a member of the crew of a ship or an aircraft is, in respect of that employment, subject only to the legislation of Canada if that person resides in the territory of Canada. In any other case, that person is subject only to the legislation of Albania.

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• 3 Except as provided in paragraphs 1 and 2, a person who resides in the territory of a Party and who is employed in that territory by the government of the other Party is subject only to the legislation of the first Party in respect of that employment.

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• 2 To determine eligibility for:

  • (a) a benefit under the Old Age Security Act, Canada shall consider a creditable period under the legislation of Albania as a period of residence in Canada;

  • (b) a benefit under the Canada Pension Plan, Canada shall consider a calendar year that includes at least 90 days that are creditable periods under the legislation of Albania as a calendar year that is creditable under the Canada Pension Plan.

• 3 To determine eligibility for an old age, invalidity, or survivor’s benefit under the legislation of Albania:

  • (a) Albania shall consider a calendar year that is a creditable period under the Canada Pension Planas 12 months that are creditable under the legislation of Albania;

  • (b) Albania shall consider a period during which a disability benefit is paid under the Canada Pension Planas a creditable period under the legislation of Albania, provided that the period of payment of the disability benefit does not overlap with a creditable period under the Canada Pension Plan;

  • (c) Albania shall consider a period that is a creditable period under the Old Age Security Actas a creditable period under the legislation of Albania, provided that the creditable period under the Old Age Security Act does not overlap with a creditable period under the Canada Pension Plan or a period during which a disability benefit is paid under the Canada Pension Plan.

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• 1 If a person is eligible for a benefit based solely on the totalizing provisions of Chapter 1, Albania shall determine the amount of the benefit payable to that person by ensuring that:

  • (a) the competent institution calculates the theoretical amount of the benefit due as if all the creditable periods completed under the respective legislation of both Parties were completed exclusively under the legislation of Albania;

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• 1 A Party shall:

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  • (b) provide assistance to the other Party to determine whether a person is eligible for a benefit, or to determine the amount of a benefit that a person is eligible to receive, as if it was applying its own legislation;

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• 1 If a claim, notice, or appeal concerning eligibility for, or the amount of, a benefit should be submitted within a prescribed period to a Party but is instead submitted within the same prescribed period to the other Party, the first Party shall treat that claim, notice, or appeal as if it were submitted to that Party within the prescribed period. The date of submission of the claim, notice, or appeal to the other Party is deemed to be the date of submission to the first Party.

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