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hereinafter referred to as “the Parties”,

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HAVE AGREED AS FOLLOWS:

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• 1 In the application of this Agreement:

  benefit

  benefit means, as regards a Party, any cash benefit, pension or allowance for which provision is made in the legislation of that Party and includes any supplements or increases applicable to such a cash benefit, pension or allowance;

  competent authority

  competent authority means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards Turkey, the Ministry of Labour and Social Security, and other Ministries concerned;

  competent institution

  competent institution means, as regards Canada, the competent authority; and, as regards Turkey, the institution or institutions responsible for the implementation of the legislation specified in Article II(1)(b);

  creditable period

  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 a period during which a disability pension is payable under the Canada Pension Plan; and, as regards Turkey, a period of contributions under the legislation of Turkey or a period recognized as a period of contributions;

  legislation

  legislation means, as regards a Party, the laws and regulations specified in Article II(1) with respect to that Party;

  territory

  territory means, as regards Canada, the territory of Canada; and, as regards Turkey, the territory of the Republic of Turkey.

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• 2 An employed person who is subject to the legislation of a Party and who performs services for a period not expected to exceed 24 months in the territory of the other Party for the same or a related 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. With the prior consent of the competent authorities of both Parties, this period of 24 months may be extended for a period not to exceed 60 months in total.

• 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 Turkey if the ship flies the flag of Turkey and only to the legislation of Canada in any other case.

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• 1 For the purpose only of calculating the amount of benefits under the Old Age Security Act:

  • (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 presence or residence in the territory of Turkey, 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 Turkey by reason of employment or self-employment; and

  • (b) if a person is subject to the legislation of Turkey during any period of presence or 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 or self-employment.

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• 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 Turkey 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 90 days which are creditable periods under the legislation of Turkey shall be considered as a year which is creditable under the Canada Pension Plan.

• 3 For purposes of determining entitlement to the payment of an old age benefit under the legislation of Turkey:

  • (a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 360 days which are creditable under the legislation of Turkey; and

  • (b) a day 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 a day which is creditable under the legislation of Turkey.

• 4 For purposes of determining entitlement to the payment of an invalidity or death benefit under the legislation of Turkey, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 360 days which are creditable under the legislation of Turkey.

• 5 If a person has completed a creditable period under the legislation of Canada before the date of entrance into the Turkish insurance scheme, the date of the start of the creditable period under the legislation of Canada shall be considered as the entrance into the Turkish insurance scheme.

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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 VIII, 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 agreements which provide for the totalizing of periods.

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• 3 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 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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• 1 If a person is not entitled to the payment of a pension on the basis of the Turkish creditable periods, but if he or she is entitled to the payment of a pension as a result of Article VIII or IX, the following provisions shall apply:

  • (a) The competent social security institution of Turkey shall determine entitlement to the payment of a pension by taking into account totalized creditable periods as if the periods had been completed under Turkish legislation.

  • (b) The competent Turkish social security institution shall determine the amount of the pension to be paid by calculating the fraction of the pension determined as described in subparagraph (a) which represents the ratio of the creditable periods under the legislation of both Parties to the creditable periods under Turkish legislation.

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

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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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The relevant authority of Turkey 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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