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DESIRING to adjust the Agreement on Social Security between Canada and the Federal Republic of Germany signed at Bonn on 14 November 1985, hereinafter referred to as “the Agreement”, to the present circumstances,

HAVE AGREED AS FOLLOWS:

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• (1) 

  Article 1 of the Agreement is amended as follows:

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• (2) 

  Article 2 of the Agreement is amended as follows:

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    • “as regards the Federal Republic of Germany, to the legislation concerning:

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  • “(a)
    • (i) 

      For purposes of determining eligibility for an Old Age Security pension or an allowance under the Old Age Security Act through the application of Article 12, a period of coverage under the legislation of the Federal Republic of Germany, or a period of residence in the territory of the Federal Republic of Germany, after the age at which periods of residence in Canada are creditable for purposes of that Act, shall be considered as a period of residence in the territory of Canada.
    • (ii) 

      In the application of subparagraph (a)(i), a period of residence prior to 3 October 1990 in the territory specified in Article 3 of the Treaty on the establishment of German Unity of 31 August 1990 shall be considered as a period of residence in the territory of Canada.

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    • (i) 

      an Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of coverage, when added together as provided in Article 12, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for entitlement to the payment of a pension outside Canada;
• (6) 

  Article 15 of the Agreement is amended as follows:

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    • (a) 

      The agency of a Contracting State 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 State.
    • (b) 

      The agency of a Contracting State to which the information is transmitted may use that information, and may disclose it to other agencies in that Contracting State, for the purposes of implementing this Agreement or the legislation of that Contracting State. 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 State. The competent authorities of the Contracting States 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 State whose legislation has been amended shall, at the request of the other Contracting State, 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 agency of either Contracting State, 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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• (14) 

  Point 9(b) of the Final Protocol to the Agreement is deleted. The existing point 9(c) becomes 9(b) and reads as follows:

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• (15) 

  Points 10(a) and (c) of the Final Protocol to the Agreement are deleted. Point 10(b) is redesignated as point 10.

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  • “12A

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      • and who left the areas of expulsion within the meaning of Article 1, paragraph 2, number 3, of the GermanFederal Law on Displaced Persons, may, upon application, pay retroactive voluntary contributions to the German pensions insurance system, provided that periods of contributions or periods of employment under the Foreign Pensions Law become creditable for these persons for the first time as a result of Article 17A of the Foreign Pensions Law. The retroactive voluntary contributions may only be paid for periods after attainment of age 16 and before attainment of age 65 and starting with the time the National Socialist sphere of influence was extended to what was then their homeland. Contributions shall only be permitted for periods that have not already been credited as periods of contributions according to German laws. An event giving rise to eligibility for benefits which occurs prior to the expiration of the time limit for the payment of retroactive contributions shall not preclude the payment of these retroactive contributions.

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    • (e) 

      For purposes of computing the benefit amount, the statutory pension provisions applicable within the territory of the Federal Republic of Germany — without the Acceding Territory — on 1 July 1990, including the provisions on benefit payments to eligible persons abroad, shall be applied, together with this Agreement. The provisions on revaluation of pensions based on Personal Remuneration Points (Article 307 of Volume VI of the Social Law Code) shall be applied accordingly. The monthly amount of the benefit that is to be paid abroad shall be derived from the Pension Category Factor, as well as

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• (1) 

  This Supplementary Agreement shall be subject to ratification. The instruments of ratification shall be exchanged in Berlin as soon as possible.

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• (3) 

  Article 14(a)(ii) of the Agreement as amended by Article 1(5) of this Supplementary Agreement shall be applied retroactively as from 3 October 1990.
• (4) 

  Article 1(16) of this Supplementary Agreement shall be applied retroactively as from 1 July 1990.

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