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

  competent authority

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

  competent institution

  competent institution means:

  as regards Canada, the competent authority; and,

  as regards the Republic of Hungary, the institution or agency responsible for the application of the legislation of the Republic of Hungary;

  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 Republic of Hungary, a period of contributions under the legislation of the Republic of Hungary, or a period deemed equivalent to, or considered as, a period of contributions under that legislation;

  gainful activity

  gainful activity means:

  as regards Canada, pensionable employment or any activity which results in self-employed earnings, as those terms are defined under the Canada Pension Plan; and

  as regards the Republic of Hungary, any activity whose objective is to generate income and which comes within the scope of the legislation of the Republic of Hungary;

  government employment

  government employment means:

  as regards Canada, employment by the Government of Canada, including employment as a member of the Canadian Forces or the Royal Canadian Mounted Police, or employment by the government or municipal corporation of a province or territory of Canada; and

  as regards the Republic of Hungary, employment by state or publicly financed institutions, including employment as a civil servant, a public employee, or a career member of the armed forces, of bodies maintaining public order or of civilian national security services, or employment on the basis of a legal relationship in a court of law, in a body of judicial administration or in the office of a public prosecutor;

  legislation

  legislation means, as regards a Contracting Party, the legislation specified in Article II(1) with respect to that Contracting Party.

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In the application of the legislation of a Contracting Party, any person described in Article III shall have the same rights and obligations under that legislation as the citizens of that Contracting Party.

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• 3 As regards the Republic of Hungary, this Article shall not apply to benefits payable by virtue of agreements concluded between the Republic of Hungary and third States that are based on the territorial principle.

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• 1 If a person who is subject to the legislation of a Contracting Party and who is employed by an employer having a place of business in the territory of that Contracting Party is sent, in the course of that employment, to work in the territory of the other Contracting Party, that person shall, in respect of that work, be subject only to the legislation of the first Contracting Party as though that work was performed in its territory.

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• 3 Except as provided in paragraphs 1 and 2, a person who resides in the territory of a Contracting Party and who is engaged therein in government employment for the other Contracting Party shall, in respect of that employment, be subject only to the legislation of the first Contracting Party. However, if that person has, prior to the start of that employment, made contributions under the legislation of the employing Contracting 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 Contracting 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 Republic of Hungary, 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 Republic of Hungary by reason of employment or self-employment;

  • (b) if a person is subject to the legislation of the Republic of Hungary 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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• 1 Where the legislation of a Contracting Party makes the acquisition, maintenance or recovery of eligibility for a benefit conditional upon the accumulation of creditable periods, and where a person is not eligible for a benefit because he or she has not accumulated sufficient creditable periods under that legislation to be eligible for that benefit, the competent institution of that Contracting Party, in determining the eligibility of that person for that benefit, shall take into account creditable periods accumulated under the legislation of the other Contracting Party as specified in paragraphs 2 through 5, provided that the periods do not overlap.

• 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 Republic of Hungary shall be considered as a period of residence in the territory of 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 Republic of Hungary 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 Republic of Hungary:

  • (a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as a creditable period of 365 days under the legislation of the Republic of Hungary;

  • (b) if the periods described in sub-paragraph (a) are not sufficient to establish eligibility for a benefit, a day which is 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 day which is a creditable period under the legislation of the Republic of Hungary.

• 4 For purposes of determining eligibility for a disability benefit under the legislation of the Republic of Hungary, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as a creditable period of 365 days under the legislation of the Republic of Hungary.

• 5 For purposes of determining eligibility for a benefit under the legislation of the Republic of Hungary for a person described in Article III(b), paragraph 3 or 4, as appropriate, shall apply.

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• 1 If a person is not eligible for a benefit on the basis of the creditable periods under the legislation of the Contracting Parties, totalized as provided in Article XII, 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 Contracting 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:

  • (a) 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;

  • (b) 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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• 2 Any information about an individual transmitted under paragraph 1 by a competent authority or institution of a Contracting Party to a competent authority or institution of the other Contracting Party shall be protected in each Contracting Party in accordance with its legislation and the following provisions:

  • (a) The competent authority or institution of the Contracting Party to which the information is transmitted shall treat that information as confidential and shall effectively protect it against unauthorized access, unauthorized alterations and unauthorized disclosure in accordance with the legislation of that Contracting Party.

  • (b) The competent authority or institution of the Contracting Party to which the information is transmitted may use that information, and may disclose it to other institutions and agencies in that Contracting Party, for the purposes of implementing this Agreement or the legislation of that Contracting Party. The information may be put to other uses and may be disclosed to other bodies only to the extent specifically permitted under the legislation of that Contracting Party. The competent authorities of the Contracting Parties shall inform each other about all amendments to their legislation regarding the protection of personal information and, in particular, additional purposes for which such information may be used or disclosed to other bodies. The Contracting Party whose legislation has been amended shall, at the request of the other Contracting Party, enter into negotiations to amend or supplement this Agreement, as may be required.

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  • (d) The individual concerned shall, on request to the authority or institution of either Contracting Party, have the right to be informed of the information which has been transmitted, and the purpose for which that information has been requested or transmitted, as the case may be.

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• 1 Claims, notices and appeals concerning eligibility for, or the amount of, a benefit under the legislation of a Contracting Party which should, for the purposes of that legislation, have been presented within a prescribed period to a competent authority or institution of that Contracting Party, but which are presented within the same period to an authority or institution of the other Contracting Party, shall be treated as if they had been presented to the competent authority or institution of the first Contracting Party. The date of presentation of claims, notices and appeals to the authority or institution of the other Contracting Party shall be deemed to be the date of their presentation to the competent authority or institution of the first Contracting Party.

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• 4 Unless the Contracting Parties mutually determine otherwise, the arbitral tribunal shall consist of three arbitrators, of whom each Contracting Party shall appoint one within two months from the date of receipt of the request for arbitration, and the two arbitrators so appointed shall appoint, within two months after the last notice of appointment, the third who shall act as president; provided that if either Contracting Party fails to appoint its arbitrator or if the two appointed arbitrators fail to agree about the third, the competent authority of the other Contracting Party shall invite the President of the International Court of Justice to appoint the arbitrator of the first Contracting Party or the two appointed arbitrators shall invite the President of the International Court of Justice to appoint the president of the arbitral tribunal.

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The relevant authority of the Republic of Hungary 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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