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hereinafter referred to as the “Parties”,
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HAVE AGREEDas follows:
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Persons described in Article 3 shall be subject to the obligations of the legislation of the other Party and shall be eligible for the pensions of that legislation under the same conditions as citizens of the other Party.
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An employed person who is subject to the legislation of a Party and who is sent by their employer to work in the territory of the other Party 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. A detachment shall not exceed 60 months, unless the designated competent institutions of both Parties consent to an extension.
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A person who is 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 Canada if that person resides in the territory of Canada and only to the legislation of Bulgaria if the employer’s registered office or place of business is in the territory of Bulgaria. In any other case the competent authorities or the designated competent institutions of both Parties shall determine, by mutual consent, the legislation applicable to the person concerned.
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2 To determine eligibility for:
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(a) A pension under the Old Age Security Act of Canada, a creditable period under the legislation of Bulgaria shall be considered as a period of residence in Canada;
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(b) A pension under the Canada Pension Plan, a calendar year with at least three months or 90 days which are creditable periods under the legislation of Bulgaria shall be considered as a year which is creditable under the Canada Pension Plan.
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3 To determine eligibility for old age, early retirement, or resulting survivor pensions under the legislation of Bulgaria:
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(a) A calendar year which is a creditable period under the Canada Pension Plan shall be considered as one year which is creditable under the legislation of Bulgaria;
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(b) A creditable period under the Old Age Security Act of Canada and which does not overlap with a creditable period under the Canada Pension Plan shall be considered as a creditable period under the legislation of Bulgaria.
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4 To determine eligibility for a disability pension or survivor pension derived from the right to a disability pension under the legislation of Bulgaria, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as a year which is creditable under the legislation of Bulgaria.
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1 A claim, notice or appeal regarding eligibility for a pension, or, the amount of, a pension, under the legislation of a Party which should, for the purposes of that legislation, have been submitted within a prescribed period to a competent authority or competent institution of that Party, but which is submitted within the same period to a competent authority or competent institution of the other Party, shall be treated as if it had been submitted to the competent authority or institution of the first Party. The date of submission of a claim, notice or appeal to the competent authority or institution of the other Party shall be deemed to be the date of its submission to the competent authority or institution of the first Party.
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