Advanced Search

[...]

hereinafter referred to as the “Parties”,

[...]

HAVE AGREED as follows:

[...]

• 1 For the purposes of this Convention:

  creditable period

  creditable period  means:

  [...]

  for Peru, a period of contribution used to acquire the right to a benefit under the legislation of Peru and includes any period deemed as equivalent to a period of contribution;

[...]

An employed person who is subject to the legislation of a Party and who is sent by their employer to work in the territory of the other Party 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. The maximum period of a detachment is 36 months, unless the competent authorities of both Parties consent to an extension.

[...]

• 1 For the purposes of calculating a benefit 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 Peru, that period shall be considered as a period of residence in Canada for that person; it shall also be considered to be a period of residence in Canada for that person’s spouse or common-law partner and dependants who reside with that person and who are not subject to the legislation of Peru by reason of employment or self-employment;

[...]

• [...]

• 2

  • (a) For the purposes of determining eligibility for a benefit under the Old Age Security Act, a creditable period under the legislation of Peru shall be considered as a period of residence in Canada;

  • (b) For the purposes of determining eligibility for a benefit under the Canada Pension Plan, three months in a calendar year which are creditable under the legislation of Peru shall be considered as a calendar year that is creditable under the Canada Pension Plan.

• 3 For the purposes of determining eligibility for an old age benefit under the legislation of Peru:

  • (a) A calendar year that is a creditable period under the Canada Pension Plan shall be considered as 12 months that are creditable under the legislation of Peru;

  • (b) A month that is a creditable period under the Old Age Security Act of Canada and that does not overlap with a creditable period under the Canada Pension Plan shall be considered as a month that is creditable under the legislation of Peru.

• 4 For the purposes of determining eligibility for a disability benefit, survivor’s benefit, or funeral costs under the legislation of Peru, a calendar year that is a creditable period under the Canada Pension Plan shall be considered as 12 months that are creditable under the legislation of Peru.

[...]

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 11, the eligibility of that person for that benefit shall be determined by totalizing these periods and periods completed under the regime of a third State with which both Parties are bound by social security instruments that provide for the totalizing of periods.

[...]

• 1 The Parties shall:

  • [...]

  • (b) provide assistance to one another for the purpose of determining eligibility for, and the amount of, any benefit under this Convention, or under the legislation, as if the matter involved the application of their own legislation;

  • (c) communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Convention or about changes in their respective legislation, if these changes affect the application of this Convention.

[...]

• 1 The Parties shall treat applications, 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 submitted within a prescribed period to a competent authority or liaison agency of that Party, but which are submitted within the same period to a competent authority or liaison agency of the other Party, as if they had been submitted to the competent authority or liaison agency of the first Party. The date of submission of applications, notices and appeals to the competent authority or liaison agency of the other Party shall be deemed to be the date of their submission to the competent authority or liaison agency of the first Party.

[...]

[...]

PURSUANT to Article 17 of the Convention on Social Security between Canada and the Republic of Peru, done at Ottawa on 10 April 2014, hereinafter referred to as the “Convention”,

The Parties have agreed as follows:

[...]

• 1 The Parties designate the following organizations as their liaison agencies:

  [...]

• 2 Peru designates the following organizations as its competent institutions:

  • [...]

  • (c) for medical evaluations, the determination of disability and eligibility for a pension, as appropriate and in accordance with its legislation:

    [...]

[...]

This Administrative Agreement shall enter into force on the date of receipt of the second notification by which the Parties notify each other by diplomatic note that they have completed the internal legal procedures necessary for the entry into force of this Administrative Agreement. This Administrative Agreement shall remain in force for the same period as the Convention.

[...]