IMPLEMENTATION ARRANGEMENT OF THE AGREEMENT OF 20 APRIL 2010
ON SOCIAL SECURITY
BETWEEN THE GOUVERNEMENT DU QUÉBEC
AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY
THE GOUVERNEMENT DU QUÉBEC...
THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY
In accordance with Paragraph 1 of Article 18 of the Agreement on Social Security of 20 April 2010 Between the Gouvernement du Québec and the Government of the Federal Republic of Germany, hereinafter called the “Agreement”,
Have agreed to the following provisions:
The terms used in this Arrangement have the same meaning as in the Agreement.
(1) The following are designated liaison agencies within the meaning of Paragraph 2 of Article 18 of the Agreement:
(1) As regards the Federal Republic of Germany:
(a) for Pension Insurance,
— the German Pension Insurance Institution North (Deutsche Rentenversicherung Nord), Lübeck,
— The German Federal Pension Insurance Institution (Deutsche Rentenversicherung Bund), Berlin,
— the German Federal Pension Insurance Institution for Miners, Railway Workers and Seamen (Deutsche Rentenversicherung Knappschaft-Bahn-See), Bochum;
(b) for the Steelworkers’ Supplementary Pension Insurance,
the German Pension Insurance Institution Sarre (Deutsche Rentenversicherung Saarland), Sarrebruck;
(c) for the Farmer’s Old Age Security,
the Farmers’ Central Social Security Association (Spitzenverband der landwirtschaftlichen Sozialversicherung), Kassel;
(d) for the Accident Insurance,
the German Statutory Accident Insurance, Foreign Liaison Agency for Accident Insurance (Deutsche Gesetzliche Unfallversicherung (DGUV), Deutsche Verbindungsstelle Unfallversicherung – Ausland), Berlin;
(e) to the extent that the health insurance institutions are concerned in the administration of the Agreement,
the Federal Central Association of sickness funds – GKV central association, German Foreign Liaison Agency for Health Insurance DVKA (Spitzenverband Bund der Krankenkassen – GKV-Spitzenverband, Deutsche Verbindungsstelle Krankenversicherung – Ausland DVKA), Bonn.
(2) As regards Québec:
(a) for the pension plan,
the Bureau des ententes de sécurité sociale (BESS), Montréal, or any other agency subsequently designated by the competent authority of Québec;
(b) for industrial accidents and occupational diseases,
the Commission de la santé et de la sécurité du travail (CSST), Montréal.
(2) For the purposes of the Agreement, as regards the German Pension Insurance Institution, it is the German Pension Insurance Institution North (Deutsche Rentenversicherung Nord), Lübeck, that is responsible for all proceedings including the determination and attribution of benefits, where:
(1) insurance periods have been completed or are admissible under the legislations of the Federal Republic of Germany and of Québec; or
(2) a person resides in Québec; or
(3) a person is a Canadian citizen who is or has been subject to the legislation of Québec and who resides outside the territories of both Contracting Parties; and
(4) as regards the German Pension Insurance Institution, a regional institution has jurisdiction.
Those provisions apply to participation benefits (Leistungen zur Teilhabe) solely in the course of an ongoing pension procedure.
(3) The jurisdiction of the German Federal Pension Insurance Institution and the German Federal Pension Insurance Institution for Miners, Railway Workers and Mariners is not affected by Paragraph 2. The jurisdiction of liaison agencies within the German Pension Insurance Institution is governed by German legislation.
The liaison agencies are responsible, within the scope of their respective competence, for informing the persons concerned, in a general manner, of their rights and obligations under the Agreement.
An operational agreement (Verwaltungsvereinbarung) laying down the necessary and useful administrative measures for administering the Agreement will be entered into, with the participation of the competent authorities, between the liaison agencies.
The agencies referred to in Paragraph 1 of Article 19 of the Agreement, within the scope of their respective competence and to the extent possible, will communicate to one another any information and forward to one another any document required to maintaining the rights and meeting the obligations of the persons concerned consequent upon the legislation specified in Paragraph 1 of Article 2 of the Agreement and consequent upon the Agreement.
CERTIFICATE OF COVERAGE
(1) In the cases referred to in Articles 7, 9 and 10 of the Agreement, the competent agencies of the Contracting Party whose legislation applies will issue upon request a certificate attesting, as regards the work in question, that the salaried person and that person’s employer or the self-employed person are subject to that legislation. In the cases referred to in Articles 7 and 10 of the Agreement, the certificate must indicate a fixed period of validity. In the cases referred to in Article 7 of the Agreement, the period of validity may not exceed 60 calendar months.
(2) Where the legislation of the Federal Republic of Germany applies, the certificate will be issued by the health insurance institution to which contributions regarding pensions are paid and, in every other case, by the German Federal Pension Insurance Institution (Deutsche Rentenversicherung Bund), Berlin. In the cases referred to in Article 10 of the Agreement, the certificate is issued by the Federal Central Sickness Funds Association, central association GKV, German Foreign Liaison Agency for Sickness Insurance DVKA (Spitzenverband Bund der Krankenkassen – GKV-Spitzenverband, Deutsche Verbindungsstelle Krankenversicherung – Ausland DVKA), Bonn.
(3) Where Québec legislation applies, the certificate is issued by the Bureau des ententes de sécurité sociale (BESS), Montréal.
INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES
WORK DISABILITY CERTIFICATE
The insured person sends the work disability certificate without delay to the competent institution.
CERTIFICATE OF ENTITLEMENT TO BENEFITS IN KIND
(1) In order to receive benefits in kind under the Agreement, the insured person must provide the institution of the place of stay or residence with a certificate issued by the competent institution. If the insured person cannot provide that certificate, the institution of the place of stay or residence requests it from the competent institution.
(2) The competent institution may revoke, with effect for the future, the certificate referred to in Paragraph 1. The revocation takes effect on the date on which it is received by the cooperating institution.
DECLARATION OF THE INDUSTRIAL ACCIDENT
The declaration of the industrial accident or occupational disease is made in accordance with the legislation of the Contracting Party to which the insured person is subject. The declaration is submitted to the competent institution.
CLAIM FOR BENEFITS
(1) A claim for benefits under the Agreement may be submitted to the competent institutions of both Contracting Parties, to a liaison agency or to any agency authorized under the legislation of either Contracting Party to receive claims for benefits.
(2) If a claim for benefits under the Agreement is submitted in Québec, the liaison agency may send it to any German liaison agency.
The liaison agencies or other agencies designated by the Contracting Parties will compile statistics regarding benefits paid in the territory of the other Contracting Party, for each calendar year. The statistics will indicate, to the extent possible, the number of beneficiaries and the total amount of benefits for each category of benefit. These statistics will be exchanged.
COMING INTO FORCE AND DURATION OF THE ARRANGEMENT
Both governments will notify one another when the internal conditions required for the coming into force of the Implementation Arrangement have been achieved. The Implementation Arrangement for Application will come into force on the same date as the Agreement and for the same duration.
Done at Québec on 20 April 2010, in duplicate, in French and in German, both texts being equally authentic.
For the Gouvernement For the Government of the
du Québec Federal Republic of Germany
PIERRE ARCAND GEORG WITSCHEL.