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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:

  territory

  territory  means:

  as regards Canada, the territory of Canada; and

  as regards the Republic of Macedonia, the territory of the Republic of Macedonia;

  benefit

  benefit  means:

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

  competent authority

  competent authority  means:

  as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and

  as regards the Republic of Macedonia, the Ministry of Labour and Social Policy;

  competent institution

  competent institution  means:

  as regards Canada, the competent authority; and

  as regards the Republic of Macedonia, the institutions responsible for the application of the legislation specified in Article 2.1.2);

  creditable period

  creditable period  means:

  as regards Canada, a period of contribution used to acquire the right to a benefit under the Canada Pension Plan; a period during which a disability pension is payable under that Plan; and a period of residence used to acquire the right to a benefit under the Old Age Security Act; and

  as regards the Republic of Macedonia, a period of insurance used to acquire the right to a benefit under the legislation of the Republic of Macedonia, and including any period defined under that legislation as equivalent to a period of insurance, or recognized as such;

  legislation

  legislation  means:

  as regards a Party, the laws and regulations specified in Article 2.

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This Agreement shall apply to any person who is or who has been subject to the legislation of one or both Parties, as well as to other persons who derive rights from such a person.

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Any person referred to in Article 3 shall be subject to the obligations of the legislation of the other Party and shall be eligible for the benefits of that legislation under the same conditions as citizens of the latter Party.

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If an employer, having a place of business in the territory of one Party, sends an employee who is subject to the legislation of that Party to work in the territory of the other Party, that employee 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 an assignment, this coverage may not be maintained for more than 60 months without the consent of the competent authorities of both Parties.

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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 Canada if he or she resides in the territory of Canada and only to the legislation of the Republic of Macedonia in any other case.

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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.

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

  • 1) 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 Macedonia, that period shall be considered as a period of residence in Canada for that person; it shall also be considered as a period of residence in Canada 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 Macedonia by reason of employment or self-employment;

  • 2) if a person is subject to the legislation of the Republic of Macedonia 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; it shall also not be considered as a period of residence in Canada 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

  • 1) 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 Macedonia shall be considered as a period of residence in Canada;

  • 2) For purposes of determining eligibility for a benefit under the Canada Pension Plan, a calendar year including at least 3 months which are creditable periods under the legislation of the Republic of Macedonia shall be considered as a year which is creditable under the Canada Pension Plan.

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

  • 1) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months which are creditable under the legislation of the Republic of Macedonia;

  • 2) a month 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 month which is creditable under the legislation of the Republic of Macedonia.

• 4 For purposes of determining eligibility for a disability or survivor’s pension under the legislation of the Republic of Macedonia, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months which are creditable under the legislation of the Republic of Macedonia.

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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 Parties, totalized as provided in Article 12 the eligibility of that person for that benefit shall be determined by totalizing these periods and creditable periods completed 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:

  • 1) 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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  • 2) 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;

  • 3) 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 Republic of Macedonia 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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