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CANADA AND THE REPUBLIC OF SERBIA, hereinafter referred to as “the Contracting Parties”,
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HAVE AGREEDas follows:
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Any person who is or who has been subject to the legislation of a Contracting Party, and persons who derive rights from that person, shall be subject to the obligations of the legislation of the other Contracting Party and shall be eligible for the benefits of that legislation under the same conditions as citizens of the other Contracting Party.
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1 If an employer, having a place of business in the territory of one Contracting Party, sends an employee who is subject to the legislation of that Contracting Party to work in the territory of the other Contracting Party, that employee 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. This provision may be maintained for a period of up to 36 months and can be extended for an additional period of 24 months with the consent of the competent authorities of both Contracting Parties.
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A person who is subject to the legislation of both Contracting 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 the Republic of Serbia in any other case.
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1 A person employed by the government, in the civil service or as an official representative who is sent by one Contracting Party to work in the territory of the other Contracting Party, shall, in respect of that work, be subject to the legislation of the first Contracting Party.
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2 Diplomatic and consular staff, as well their private servants, who are sent by one Contracting Party to work in the territory of the other Contracting Party, shall, in respect of that work, be subject to the legislation of the first Contracting Party.
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3 Except as provided in paragraphs 1 and 2 of this Article, a person who resides in the territory of one Contracting Party and who is employed in that territory by the government, in the civil service or diplomatic mission of the other Contracting Party, shall, in respect of that work, be subject only to the legislation of the first Contracting Party. That person’s employer shall respect the provisions of the legislation of the first Contracting Party applicable to employers.
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3 For the purposes of determining eligibility for an old age pension under the legislation of the Republic of Serbia:
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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 Serbia;
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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 Serbia.
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4 For the purposes of determining eligibility for a disability or survivor’s pension under the legislation of the Republic of Serbia, 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 Serbia.
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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 Contracting Parties, totalized as provided in Article 12 of this Agreement, the eligibility of that person for that benefit shall be determined by totalizing these periods and periods completed under the system of a third State with which both Contracting Parties are bound by social security treaties which provide for the totalizing of periods.
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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 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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The relevant authority of the Republic of Serbia 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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