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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:

  • (a)  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;

  • (b)  competent authority means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards the Slovak Republic, the Ministry of Labour, Social Affairs and Family of the Slovak Republic;

  • (c)  competent institution means, as regards Canada, the competent authority; and, as regards the Slovak Republic, the institution responsible for applying the legislation of the Slovak Republic;

  • (d)  creditable period means, as regards a Contracting Party, a period of contributions, employment or residence used to acquire the right to a benefit under the legislation of that Contracting Party; also, as regards Canada, it means a period during which a disability pension is payable under the Canada Pension Plan; and, as regards the Slovak Republic, an equivalent period under the legislation of the Slovak Republic;

  • (e)  legislation means, as regards a Contracting Party, the laws, regulations and other legal provisions specified in Article 2 with respect to that Contracting Party.

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

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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. The preceding sentence shall not apply to a detachment of more than 60 months without the prior consent of the competent authorities of both Contracting 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 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 Slovak 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 Slovak Republic by reason of employment or self-employment;

  • (b) if a person is subject to the legislation of the Slovak 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 Slovak 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 Slovak 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 Slovak 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 Slovak 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 Slovak Republic.

• 4 For purposes of determining eligibility for an invalidity, partial invalidity or survivor’s benefit under the legislation of the Slovak 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 Slovak 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 Contracting 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 completed 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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• 2 If, under the legislation of the Slovak Republic, a person or the survivors of that person are eligible for a benefit only by taking into account creditable periods accumulated under the legislation of both Contracting Parties, the amount of that benefit shall be determined as follows:

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  • (b) if the benefit is payable in accordance with sub-paragraph (a), the institution of the Slovak Republic shall first calculate the theoretical amount of the benefit payable as if the totalized creditable periods accumulated under the legislation of both Contracting Parties had been accumulated under the Slovak legislation alone;

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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 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 3 arbitrators, of whom each Contracting Party shall appoint one and the 2 arbitrators so appointed shall appoint a third who shall act as president; provided that if either Contracting Party fails to appoint its arbitrator or if the 2 arbitrators fail to agree, 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 2 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 Slovak 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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