2003. évi LXIX. törvény

a Magyar Köztársaság és Kanada között a szociális biztonságról szóló, 2002. március 4-én, Budapesten aláírt Egyezmény kihirdetéséről1

1. § Az Országgyűlés a Magyar Köztársaság és Kanada között a szociális biztonságról szóló, 2002. március 4-én, Budapesten aláírt Egyezményt (a továbbiakban: Egyezmény) e törvénnyel kihirdeti.

(A megerősítésről szóló utolsó értesítésre 2003. június 2-án került sor. Az Egyezmény 2003. október 1-jén lép hatályba.)

2. § Az Egyezmény hiteles angol, francia és magyar nyelvű szövege a következő:

„Agreement on social security between Canada and the Republic of Hungary

Canada

and

the Republic of Hungary,

hereinafter referred to as «the Contracting Parties»,

resolved to co-operate in the field of social security,

have decided to conclude an agreement for this purpose, and

have agreed as follows:

Part I

GENERAL PROVISIONS

Article I

Definitions

1. For the purposes of this Agreement:

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

«competent authority» means, as regards a Contracting Party, the Minister or Ministers responsible for the legislation of that Contracting Party;

«competent institution» means, as regards Canada, the competent authority; and,

as regards the Republic of Hungary, the institution or agency responsible for the application of the legislation of the Republic of Hungary;

«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 a period during which a disability pension is payable under the Canada Pension Plan; and,

as regards the Republic of Hungary, a period of contributions under the legislation of the Republic of Hungary, or a period deemed equivalent to, or considered as, a period of contributions under that legislation;

«gainful activity» means:

as regards Canada, pensionable employment or any activity which results in self-employed earnings, as those terms are defined under the Canada Pension Plan; and

as regards the Republic of Hungary, any activity whose objective is to generate income and which comes within the scope of the legislation of the Republic of Hungary;

«government employment» means:

as regards Canada, employment by the Government of Canada, including employment as a member of the Canadian Forces or the Royal Canadian Mounted Police, or employment by the government or municipal corporation of a province or territory of Canada; and

as regards the Republic of Hungary, employment by state or publicly financed institutions, including employment as a civil servant, a public employee, or a career member of the armed forces, of bodies maintaining public order or of civilian national security services, or employment on the basis of a legal relationship in a court of law, in a body of judicial administration or in the office of a public prosecutor;

«legislation» means, as regards a Contracting Party, the legislation specified in Article II(1) with respect to that Contracting Party.

2. Any term not defined in this Article has the meaning assigned to it in the applicable legislation.

Article II

Legislation to Which the Agreement Applies

1. This Agreement shall apply to the following legislation:

a) with respect to Canada:

(i) the Old Age Security Act and the regulations made thereunder, and

(ii) the Canada Pension Plan and the regulations made thereunder;

b) with respect to the Republic of Hungary:

(i) the legislation concerning the payment of social insurance contributions, and

(ii) the legislation concerning social insurance pensions.

2. Subject to paragraph 3, this Agreement shall also apply to laws and regulations which amend, supplement, consolidate or supersede the legislation specified in paragraph 1.

3. This Agreement shall further apply to laws and regulations which extend the legislation of a Contracting Party to new categories of beneficiaries or to new 4 benefits unless an objection on the part of that Contracting Party has been communicated to the other Contracting Party not later than 3 months following the entry into force of such laws and regulations.

Article III

Persons to Whom the Agreement Applies

This Agreement shall apply to:

a) any person who is or who has been subject to the legislation of one or both of the Contracting Parties, and

b) other persons to the extent they derive rights under the applicable legislation from persons described in sub-paragraph a).

Article IV

Equality of Treatment

In the application of the legislation of a Contracting Party, any person described in Article III shall have the same rights and obligations under that legislation as the citizens of that Contracting Party.

Article V

Export of Benefits

1. Unless otherwise provided in this Agreement, benefits payable under the legislation of a Contracting Party to any person described in Article III, including benefits acquired by virtue of this Agreement, shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the person resides in the territory of the other Contracting Party, and these benefits shall be paid when that person is in the territory of the other Contracting Party.

2. Benefits payable under this Agreement to a person described in Article III shall be paid when that person is in the territory of a third State.

3. As regards the Republic of Hungary, this Article shall not apply to benefits payable by virtue of agreements concluded between the Republic of Hungary and third States that are based on the territorial principle.

Part II

PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

Article VI

General Rule

Subject to Articles VII to X, a person who is engaged in a gainful activity in the territory of a Contracting Party shall, in respect of that activity, be subject only to the legislation of that Contracting Party.

Article VII

Detachments

1. If a person who is subject to the legislation of a Contracting Party and who is employed by an employer having a place of business in the territory of that Contracting Party is sent, in the course of that employment, to work in the territory of the other Contracting Party, that person shall, in respect of that work, be subject only to the legislation of the first Contracting Party as though that work was performed in its territory.

2. Paragraph 1 shall not apply to a detachment of more than 60 months without the prior consent of the competent authorities of both Contracting Parties or their delegated institutions or agencies.

Article VIII

Self-employment

1. Article VII(1) shall apply, by analogy, to a self-employed person who ordinarily resides in the territory of a Contracting Party and who carries out self-employed activities in the territory of the other Contracting Party.

2. Where, through the application of paragraph 1, a self-employed person would not be required to contribute under the legislation of either of the Contracting Parties in respect of his or her self-employed activities, the competent authorities of the Contracting Parties or their delegated institutions or agencies shall, by common agreement, determine to which legislation that person will be subject.

Article IX

Government Employment

1. Notwithstanding any provision of this Agreement, the provisions regarding social security of the Vienna Convention on Diplomatic Relations of 18 April 1961 and the Vienna Convention on Consular Relations of 24 April 1963 shall continue to apply.

2. A person engaged in government employment for a Contracting Party who is posted to work in the territory of the other Contracting Party shall, in respect of that employment, be subject only to the legislation of the first Contracting Party.

3. Except as provided in paragraphs 1 and 2, a person who resides in the territory of a Contracting Party and who is engaged therein in government employment for the other Contracting Party shall, in respect of that employment, be subject only to the legislation of the first Contracting Party. However, if that person has, prior to the start of that employment, made contributions under the legislation of the employing Contracting Party, he or she may, within 6 months of the start of that employment or the entry into force of this Agreement, whichever is later, elect to be subject only to the legislation of the latter Contracting Party.

Article X

Exceptions

The competent authorities of the Contracting Parties or their delegated institutions or agencies may, by common agreement, make exceptions to the provisions of Articles VI through IX:

a) on the joint request of an employed person and his or her employer, or on the request of a self-employed person, with respect to that person, or

b) with respect to any category of persons.

Article XI

Definition of Certain Periods of Residence with Respect to the Legislation of Canada

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

b) if a person is subject to the legislation of the Republic of Hungary 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 or common-law partner 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.

2. In the application of paragraph 1:

a) a person shall be considered to be subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during a period of presence or residence in the Republic of Hungary only if that person makes contributions pursuant to the plan concerned during that period by reason of employment or self-employment;

b) a person shall be considered to be subject to the legislation of the Republic of Hungary during a period of presence or residence in Canada only if that person makes compulsory contributions pursuant to that legislation during that period by reason of employment or selfemployment.

Part III

PROVISIONS CONCERNING BENEFITS

Chapter 1

TOTALIZING

Article XII

Periods under the Legislation of Canada and the Republic of Hungary

1. Where the legislation of a Contracting Party makes the acquisition, maintenance or recovery of eligibility for a benefit conditional upon the accumulation of creditable periods, and where a person is not eligible for a benefit because he or she has not accumulated sufficient creditable periods under that legislation to be eligible for that benefit, the competent institution of that Contracting Party, in determining the eligibility of that person for that benefit, shall take into account creditable periods accumulated under the legislation of the other Contracting Party as specified in paragraphs 2 through 5, provided that the periods do not overlap.

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 the Republic of Hungary shall be considered as a period of residence in the territory of Canada;

b) For purposes of determining eligibility for a benefit under the Canada Pension Plan, a calendar year including at least 90 days which are creditable periods under the legislation of the Republic of Hungary shall be considered as a year which is creditable under the Canada Pension Plan.

3. For purposes of determining eligibility for an old age benefit under the legislation of the Republic of Hungary;

a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as a creditable period of 365 days under the legislation of the Republic of Hungary;

b) if the periods described in sub-paragraph a) are not sufficient to establish eligibility for a benefit, a day 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 day which is a creditable period under the legislation of the Republic of Hungary.

4. For purposes of determining eligibility for a disability benefit under the legislation of the Republic of Hungary, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as a creditable period of 365 days under the legislation of the Republic of Hungary.

5. For purposes of determining eligibility for a benefit under the legislation of the Republic of Hungary for a person described in Article III b), paragraph 3 or 4, as appropriate, shall apply.

Article XIII

Periods under the Legislation of a Third State

1. If a person is not eligible for a benefit on the basis of the creditable periods under the legislation of the Contracting Parties, totalized as provided in Article XII, the eligibility of that person for that benefit shall be determined by totalizing these periods and creditable periods accumulated under the legislation of a third State with which both Contracting Parties are bound by social security instruments which provide for the totalizing of periods.

2. Paragraph 1 shall not apply to creditable periods accumulated under the legislation of a third State with which the Republic of Hungary has concluded an agreement based on the territorial principle.

Article XIV

Minimum Period to be Totalized

Notwithstanding any other provision of this Agreement, if the total duration of the creditable periods accumulated by a person under the legislation of a Contracting 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 Contracting Party, the competent institution of that Contracting Party shall not be required to pay a benefit to that person in respect of those periods by virtue of this Agreement.