R-9, r. 13.1 - Regulation Respecting the Implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Korea

Schedule Disposition versions

2017-09-01

SCHEDULE 2

(s. 2)

ADMINISTRATIVE ARRANGEMENT FOR THE

IMPLEMENTATION OF THE UNDERSTANDING

ON SOCIAL SECURITY BETWEEN THE

GOUVERNEMENT DU QUÉBEC AND THE

GOVERNMENT OF THE REPUBLIC OF KOREA

THE COMPETENT AUTHORITY OF THE

GOUVERNEMENT DU QUÉBEC

AND

THE COMPETENT AUTHORITY OF THE

GOVERNMENT OF THE REPUBLIC OF KOREA

PURSUANT to paragraph 1 of Article 14 of the Understanding on Social Security between the Gouvernement du Québec and the Government of the Republic of Korea, signed at Québec on 24 November 2015 (hereinafter referred to as the Understanding), the competent authorities;

HAVE AGREED AS FOLLOWS:

ARTICLE 1

DEFINITIONS

The terms used in this Administrative Arrangement shall have the same meaning given to them in Article 1 of the Understanding.

ARTICLE 2

LIAISON AGENCIES

1. In accordance with the provisions of paragraph 2 of Article 14 of the Understanding, the liaison agencies designated by each of the Parties shall be:

(a) as regards Québec, the Bureau des ententes de sécurité sociale of the Régie des rentes du Québec or any other agency that the Gouvernement du Québec may subsequently designate;

(b) as regards the Republic of Korea, the National Pension Service.

2. The liaison agencies designated in paragraph 1 are entrusted with the duties defined in this Arrangement.

3. The competent authority of each Party may designate other liaison agencies than stipulated in paragraph 1. In such case, it shall notify without delay the competent authority of the other Party.

ARTICLE 3

CERTIFICATE OF COVERAGE

1. Where the legislation of one Party is applicable in accordance with cases arising in application of Articles 7, 8 and 11 of the Understanding, the liaison agency of that Party shall issue, upon request of the employer or self-employed person, a certificate stating that the employee or self-employed person remains subject to the legislation of that Party, and indicating the duration for which the certificate will be valid. This certificate will be proof that the employee or self-employed person is exempt from the legislation of the other Party.

2. The liaison agency issuing the certificate of coverage shall forward a copy of that certificate to the liaison agency of the other Party, to the person concerned and, if applicable, to the employer of that person.

3. For the purposes of Article 11 of the Understanding, exceptions from the provisions on coverage must be the result of a joint agreement between the liaison agency of Korea and the liaison agency of Québec who are in charge of obtaining the decision from their respective competent institutions.

ARTICLE 4

PROCESSING AN APPLICATION

1. The liaison agency or the competent institution of a Party which receives an application for benefits payable under the legislation of the other Party shall, by means of a liaison form, send the application form to the liaison agency or the competent institution of the other Party along with copies of the required supporting documents it has certified as being true copies of the originals along with all other information that the liaison agency or the competent institution of the latter Party may require to establish the applicant’s eligibility.

2. If so requested by the competent institution or liaison agency of a Party, the competent institution or liaison agency of the other Party shall indicate on the liaison form the periods of coverage recognized under the legislation that it applies.

3. As soon as it reaches a decision on a claim under the legislation it applies, the competent institution shall notify the claimant of any appeal available and the deadlines for such appeal as provided for in that legislation; it shall also notify the liaison agency of the other Party using the liaison form.

ARTICLE 5

REIMBURSEMENT BETWEEN INSTITUTIONS

The competent institution of a Party shall reimburse amounts owed under Article 18 of the Understanding upon presentation of a statement of expenses by the competent institution of the other Party.

ARTICLE 6

FORMS

The model of the attestations or forms required for the administration of the Understanding and this Administrative Arrangement is established, by mutual agreement, by the liaison agencies of both Parties.

ARTICLE 7

STATISTICS

The liaison agencies of both Parties shall exchange statistical data, in the form agreed upon, concerning payments made to beneficiaries for the purpose of the application of Part III of the Understanding during each calendar year. Such data shall include the number of beneficiaries, the total amount of benefits by category and the number of certificates issued under Article 3 of this Administrative Arrangement.

ARTICLE 8

COMING INTO FORCE AND DURATION

The Administrative Arrangement shall come into force on the same day as the Understanding and its duration shall be the same as that of the Understanding.

Signed at Québec on 24 November 2015 in duplicate in the French, Korean and English languages, each text having equal authority.

FOR THE COMPETENT AUTHORITY OF THE GOUVERNEMENT DU QUÉBEC CHRISTINE ST-PIERRE

FOR THE COMPETENT AUTHORITY OF THE GOVERNMENT OF THE REPUBLIC OF KOREA JIN HUR

O.C. 247-2017, Sch. 2.

Not in force

SCHEDULE 2

(s. 2)

ADMINISTRATIVE ARRANGEMENT FOR THE

IMPLEMENTATION OF THE UNDERSTANDING

ON SOCIAL SECURITY BETWEEN THE

GOUVERNEMENT DU QUÉBEC AND THE

GOVERNMENT OF THE REPUBLIC OF KOREA

THE COMPETENT AUTHORITY OF THE

GOUVERNEMENT DU QUÉBEC

AND

THE COMPETENT AUTHORITY OF THE

GOVERNMENT OF THE REPUBLIC OF KOREA

PURSUANT to paragraph 1 of Article 14 of the Understanding on Social Security between the Gouvernement du Québec and the Government of the Republic of Korea, signed at Québec on 24 November 2015 (hereinafter referred to as the Understanding), the competent authorities;

HAVE AGREED AS FOLLOWS:

ARTICLE 1

DEFINITIONS

The terms used in this Administrative Arrangement shall have the same meaning given to them in Article 1 of the Understanding.

ARTICLE 2

LIAISON AGENCIES

1. In accordance with the provisions of paragraph 2 of Article 14 of the Understanding, the liaison agencies designated by each of the Parties shall be:

(a) as regards Québec, the Bureau des ententes de sécurité sociale of the Régie des rentes du Québec or any other agency that the Gouvernement du Québec may subsequently designate;

(b) as regards the Republic of Korea, the National Pension Service.

2. The liaison agencies designated in paragraph 1 are entrusted with the duties defined in this Arrangement.

3. The competent authority of each Party may designate other liaison agencies than stipulated in paragraph 1. In such case, it shall notify without delay the competent authority of the other Party.

ARTICLE 3

CERTIFICATE OF COVERAGE

1. Where the legislation of one Party is applicable in accordance with cases arising in application of Articles 7, 8 and 11 of the Understanding, the liaison agency of that Party shall issue, upon request of the employer or self-employed person, a certificate stating that the employee or self-employed person remains subject to the legislation of that Party, and indicating the duration for which the certificate will be valid. This certificate will be proof that the employee or self-employed person is exempt from the legislation of the other Party.

2. The liaison agency issuing the certificate of coverage shall forward a copy of that certificate to the liaison agency of the other Party, to the person concerned and, if applicable, to the employer of that person.

3. For the purposes of Article 11 of the Understanding, exceptions from the provisions on coverage must be the result of a joint agreement between the liaison agency of Korea and the liaison agency of Québec who are in charge of obtaining the decision from their respective competent institutions.

ARTICLE 4

PROCESSING AN APPLICATION

1. The liaison agency or the competent institution of a Party which receives an application for benefits payable under the legislation of the other Party shall, by means of a liaison form, send the application form to the liaison agency or the competent institution of the other Party along with copies of the required supporting documents it has certified as being true copies of the originals along with all other information that the liaison agency or the competent institution of the latter Party may require to establish the applicant’s eligibility.

2. If so requested by the competent institution or liaison agency of a Party, the competent institution or liaison agency of the other Party shall indicate on the liaison form the periods of coverage recognized under the legislation that it applies.

3. As soon as it reaches a decision on a claim under the legislation it applies, the competent institution shall notify the claimant of any appeal available and the deadlines for such appeal as provided for in that legislation; it shall also notify the liaison agency of the other Party using the liaison form.

ARTICLE 5

REIMBURSEMENT BETWEEN INSTITUTIONS

The competent institution of a Party shall reimburse amounts owed under Article 18 of the Understanding upon presentation of a statement of expenses by the competent institution of the other Party.

ARTICLE 6

FORMS

The model of the attestations or forms required for the administration of the Understanding and this Administrative Arrangement is established, by mutual agreement, by the liaison agencies of both Parties.

ARTICLE 7

STATISTICS

The liaison agencies of both Parties shall exchange statistical data, in the form agreed upon, concerning payments made to beneficiaries for the purpose of the application of Part III of the Understanding during each calendar year. Such data shall include the number of beneficiaries, the total amount of benefits by category and the number of certificates issued under Article 3 of this Administrative Arrangement.

ARTICLE 8

COMING INTO FORCE AND DURATION

The Administrative Arrangement shall come into force on the same day as the Understanding and its duration shall be the same as that of the Understanding.

Signed at Québec on 24 November 2015 in duplicate in the French, Korean and English languages, each text having equal authority.

FOR THE COMPETENT AUTHORITY OF THE GOUVERNEMENT DU QUÉBEC CHRISTINE ST-PIERRE

FOR THE COMPETENT AUTHORITY OF THE GOVERNMENT OF THE REPUBLIC OF KOREA JIN HUR

O.C. 247-2017, Sch. 2.