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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:

  benefit

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

  competent authority

  competent authority  means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards Slovenia, the ministry responsible for labour;

  competent institution

  competent institution  means, as regards Canada, the competent authority; and, as regards Slovenia, the institute responsible for the application of the legislation specified in Article 2(1)(b);

  creditable period

  creditable period  means, as regards Canada, a period of contributions or residence used to acquire the right to a benefit under the legislation of Canada, and includes any period during which a disability pension is payable under the Canada Pension Plan; and, as regards Slovenia, a period of contributions, employment or occupational activity which is a period of insurance under the legislation of Slovenia or any other period deemed as such, and includes any special periods credited under the legislation of Slovenia;

  legislation

  legislation  means, as regards a Party, the laws and regulations specified in Article 2(1) with respect to that Party.

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Unless otherwise provided in this Agreement, any person who is or who has been subject to the legislation of a Party, and the dependants and survivors of such a person, 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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• 2 Benefits under the legislation of a Party shall be paid to citizens of the other Party who reside in the territory of a third State under the same conditions as to citizens of the first Party residing in that third State.

• 3 As regards the legislation of Canada, paragraph 2 shall apply to any person described in Article 3.

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• 2 An employed person who is subject to the legislation of a Party and who works in the territory of the other Party for the same or related employer shall, in respect of that work, be subject only to the legislation of the first Party as though that work were performed in its territory. In the case of an assignment, this coverage may not be maintained for more than 60 months without the prior consent of the competent authorities of both Parties.

• 3 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 Canada and only to the legislation of Slovenia in any other case.

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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 Slovenia, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse and dependants who reside with him or her and who are not subject to the legislation of Slovenia by reason of employment or self-employment;

  • (b) if a person is subject to the legislation of Slovenia 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 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 Slovenia 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 3 months which are creditable periods under the legislation of Slovenia 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 Slovenia:

  • (a) 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 Slovenia; and

  • (b) 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 Slovenia.

• 4 For purposes of determining eligibility for a disability or survivor’s pension under the legislation of Slovenia, 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 Slovenia.

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• 1 If a citizen of a Party is not eligible for a benefit on the basis of the creditable periods under the legislation of the Parties, totalized as provided in Article 8, 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.

• 2 As regards the legislation of Canada, paragraph 1 shall apply to any person described in Article 3.

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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; and

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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; and

  • (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 Any claim, notice or appeal 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 is presented within the same period to an authority or institution of the other Party, shall be treated as if it had been presented to the competent authority or institution of the first Party. The date of presentation of the claim, notice or appeal to the authority or institution of the other Party shall be deemed to be the date of its presentation to the competent authority or institution of the first Party.

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• 4 Unless the Parties mutually determine otherwise, the arbitral tribunal shall consist of 3 arbitrators, of whom each Party shall appoint one and the 2 arbitrators so appointed shall appoint a third who shall act as president; provided that if the 2 arbitrators fail to agree, the President of the International Court of Justice shall be requested to appoint the president.

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The relevant authority of Slovenia 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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