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hereinafter referred to as “the Parties”,

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HAVE AGREED AS FOLLOWS:

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• 1 For the purposes of this Agreement:

  benefit

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

  competent authority

  competent authority means, as regards a Party, the Minister or Ministry responsible for the application of the legislation of that Party;

  competent institution

  competent institution means:

  as regards Canada, the competent authority; and

  as regards the Czech Republic, the institution which provides benefits under the legislation of that Party;

  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 the Czech Republic, a period of insurance, substitute period and equivalent period under the legislation of the Czech Republic; however, a period in the former Czechoslovakia shall be considered as a period of insurance under the legislation of the Czech Republic only to the extent stipulated in the Agreement between the Czech Republic and the Slovak Republic on Social Security of 29 October 1992;

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Any person described in Article 3 to whom the legislation of a Party applies shall have the same rights and obligations under that legislation as the citizens of that Party.

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If a person who is subject to the legislation of a Party and who is employed by an employer having a place of business in the territory of that Party is sent, in the course of that employment, to work in the territory of the other Party for the same or a related employer, that person shall, in respect of that work, be subject only to the legislation of the first Party as though that work was performed in its territory. In the case of a detachment, this coverage may not be maintained for more than 60 months without the prior consent of the competent authorities of both Parties or their delegated institutions.

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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 engaged therein in government employment for the other Party shall, in respect of that employment, be subject only to the legislation of the first Party. However, if that person has, prior to the start of that employment, made contributions under the legislation of the employing Party, he or she may, within 6 months of the start of that employment or the entry into force of this Agreement, whichever is later, elect to be subject only to the legislation of the latter Party.

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• 1 For the purpose 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 Czech Republic, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse or common-law partner and dependants who reside with him or her and who are not subject to the legislation of the Czech Republic by reason of employment or self-employment;

  • (b) if a person is subject to the legislation of the Czech Republic during any period of presence or residence in Canada, that period shall not be considered as a period of residence in Canada for that person and for that person’s spouse or common-law partner 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 eligibility for a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of the Czech Republic shall be considered as a period of residence in Canada.

  • (b) For purposes of determining eligibility for a benefit under the Canada Pension Plan, a calendar year including at least 90 days which are creditable periods under the legislation of the Czech Republic shall be considered as a year which is creditable under the Canada Pension Plan.

• 3 For purposes of determining eligibility for an old age benefit under the legislation of the Czech Republic:

  • (a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as a creditable period under the legislation of the Czech Republic;

  • (b) a period which is creditable 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 creditable period under the legislation of the Czech Republic.

• 4 For purposes of determining eligibility for an invalidity or survivor’s benefit under the legislation of the Czech Republic, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as a creditable period under the legislation of the Czech Republic.

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If a person is not eligible for a benefit on the basis of the creditable periods under the legislation of the Parties, totalized as provided in Article 11, the eligibility of that person for that benefit shall be determined by totalizing these periods and creditable periods accumulated under the legislation of a third State with which both Parties are bound by social security instruments 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 the payment of a pension outside Canada;

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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 for the purpose of determining eligibility for, or the amount of, any benefit under this Agreement, or under the legislation to which this Agreement applies, as if the matter involved the application of their own legislation;

  • (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 Claims, notices and appeals concerning eligibility for, or the amount 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 are presented within the same period to an authority or institution of the other Party, shall be treated as if they had been presented to the competent authority or institution of the first Party. The date of presentation of claims, notices and appeals to the authority or institution of the other Party shall be deemed to be the date of their presentation to the competent authority or institution of the first Party.

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The relevant authority of the Czech Republic 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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