For the purpose of determining eligibility for a benefit:
- under the Old Age Security Act of Canada a creditable period under the legislation of Romania shall be considered as a period of residence in Canada;
- under the Canada Pension Plan, a calendar year including at least three months which are creditable periods under the legislation of Romania shall be considered as a year which is creditable under the Canada Pension Plan.
- 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 Romania;
- a month which is a creditable period under the Old Age Security Act of Canada and which does not overlap with a creditable period under the Canada Pension Plan shall be considered as a month which is creditable under the legislation of Romania.
For the purpose of determining eligibility for an invalidity, survivor's or death benefit under the legislation of Romania 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 Romania.
Article 13
Periods under the Legislation of a Third State
If a person is not eligible for a benefit on the basis of the creditable periods under the legislation of either Party, totalized as provided in Article 12, the eligibility of that person for that benefit shall be determined by totalizing these periods and 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. Only periods which can be considered under the totalizing provisions of the relevant instrument with that third State shall be taken into account.
Article 14
Minimum Period to be Totalized
Notwithstanding any other provision of this Agreement, if the total duration of the creditable periods accumulated under the legislation of a Party is less than one year and if, taking into account only those periods, no right to a benefit exists under the legislation of that Party, the competent institution of that Party shall not be required to pay a benefit in respect of those periods by virtue of this Agreement. These creditable periods shall, however, be taken into consideration by the competent institution of the other Party to determine eligibility for the benefits of that Party through the application of Chapter 1.
Chapter 2 - Benefits Under the Legislation of CanadaARTICLE 15
Benefits under the Old Age Security Act
- If a person is eligible for a pension or allowance under the Old Age Security Act solely through the application of the totalizing provisions of Chapter 1, the competent institution of Canada shall calculate the amount of the pension or allowance payable to that person in conformity with the provisions of that Act governing the payment of a partial pension or allowance, exclusively on the basis of the periods of residence in Canada which may be considered under that Act.
- Paragraph 1 shall also apply to a person outside Canada who would be eligible for a full pension in Canada but who has not resided in Canada for the minimum period required by the Old Age Security Act for the payment of a pension outside Canada.
- 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.
Article 16
Benefits under the Canada Pension Plan
If a person is eligible for a benefit solely through the application of the totalizing provisions of Chapter 1, the competent institution of Canada shall calculate the amount of benefit payable to that person in the following manner:
- the earnings-related portion of the benefit shall be determined in conformity with the provisions of the Canada Pension Plan exclusively on the basis of the pensionable earnings under that Plan;
- the flat-rate portion of the benefit shall be determined by multiplying:
- the amount of the flat-rate portion of the benefit determined in conformity with the provisions of the Canada Pension Plan by
- the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under that Plan to establish eligibility for that benefit, but in no case shall that fraction exceed the value of one.
Chapter 3 - Benefits Under the Legislation of Romania
Article 17
Calculating the Amount of Benefit Payable
- If a person is eligible for a benefit solely through the application of the totalizing provisions of Chapter 1, the competent institution of Romania shall calculate the amount of benefit payable to that person in the following manner:
- the theoretical amount of the benefit shall be calculated as if all the creditable periods were completed under the legislation of Romania; and
- on the basis of the theoretical amount calculated in accordance with sub-paragraph 1 (a), shall determine the amount of the benefit payable by applying the ratio of the length of the creditable periods under the legislation of Romania to the totalized creditable periods.
Part IV - Administrative and Miscellaneous Provisions
Article 18
Administrative A greement
- An Administrative Agreement shall be concluded with a view to establishing the measures necessary for the application of this Agreement.
- The liaison bodies shall be designated in that Administrative Agreement.
Article 19
Exchange of Information and Mutual Assistance
- The competent authorities and institutions responsible for the application of this Agreement:
- shall, to the extent permitted by the legislation which they administer, communicate to each other any information necessary for the application of that legislation;
- 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;
- 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.
Article 20
Exemption or Reduction of Taxes, Dues, Fees and Charges
- Any exemption from or reduction of taxes, legal dues, consular fees and administrative charges for which provision is made in the legislation of a Party in connection with the issuing of any certificate or document required to be produced for the application of that legislation shall be extended to certificates or documents required to be produced for the application of the legislation of the other Party.
- Any documents of an official nature required to be produced for the application of this Agreement shall be exempt from any authentication by diplomatic or consular authorities and similar formality.
Article 21
Language of Communication
For the application of this Agreement, the competent authorities and institutions of the Parties may communicate directly with one another in any official language of either Party.
Article 22
Submitting a Claim, Notice or Appeal
- Claims, 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 competent institution of that Party, but which are submitted within the same period to a competent authority or competent institution of the other Party, shall be treated as if they had been submitted to the competent authority or competent i nstitution of the first Party. The date of submission of claims, notices and appeals to the competent authority or competent institution of the other Party shall be deemed to be the date of their submission to the competent authority or competent institution of the first Party. The competent authority or competent institution to which the claim, notice or appeal has been submitted shall transmit it without delay to the competent authority or competent institution of the other Party.
- The date that a claim for a benefit is submitted under the legislation of a Party shall be considered to be the date that a claim for a corresponding benefit is submitted under the legislation of the other Party, provided that the applicant at the time of application:
- requests that it be considered a claim under the legislation of the other Party, or
- provides information indicating that creditable periods have been completed under the legislation of the other Party.
The preceding sentence shall not apply if the applicant requests that his or her claim to the benefit under the legislation of the other Party be delayed.
Article 23
Payment of Benefits
- The competent institution of a Party shall pay benefits under this Agreement to a beneficiary who resides outside its territory in a freely convertible currency.
- A competent institution of a Party shall pay benefits under this Agreement without any deduction for its administrative expenses.
Article 24
Resolution of Difficulties
- The competent authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles.
- The Parties shall consult promptly at the request of either Party concerning matters which have not been resolved by the competent authorities in accordance with paragraph 1 of this Article.
Article 25
Understandings with a Province of Canada
The relevant authority of Romania 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.
Part V - Transitional and Final Provisions
Article 26
Transitional Provisions
- Any creditable period completed before the date of entry into force of this Agreement shall be taken into account for the purpose of determining the right to a benefit under this Agreement and its amount.
- No provision of this Agreement shall confer any right to receive payment of a benefit for a period before the date of entry into force of this Agreement.
- Subject to paragraph 2 of this Article, a benefit, other than a lump sum payment, shall be paid under this Agreement in respect of events which happened before the date of entry into force of this Agreement.
Article 27
Duration and Termination
- This Agreement shall remain in force without any limitation on its duration. It may be terminated at any time by either Party giving 12 months notice in writing to the other Party.
- In the event of the termination of this Agreement, any right acquired by a person in accordance with its provisions shall be maintained and any claim submitted prior to its termination shall be considered in accordance with the provisions of this Agreement.
Article 28
Entry into Force
This Agreement shall enter into force on the first day of the fourth month following the month in which each Party shall have received from the other Party written notification that it has complied with all domestic requirements for the entry into force of this Agreement.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.
DONE in duplicate at Ottawa, this 19th day of November 2009, in the English, French and Romanian languages, each version being equally authentic.
Janice Charette
FOR CANADA
Bogdan Aurescu
FOR ROMANIA