Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Between The Government Of Canada And The Government Of The Republic Of Social Moth

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. TÜRKİYE CUMHURİYETİ HÜKÜMETİ İLE KANADA HÜKÜMETİ ARASINDA SOSYAL GÜVE

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4594.html

Law No. 4594

Acceptance Date: 11/01/2000


Article 1 - June 19, 1998, signed in Ankara, "the Government of Canada between the Government of the Republic of Turkey Social Security Agreement" has been used in the validation of.
Article 2 - This Law shall enter into force on the date of publication.
Article 3 - This Law shall be enforced by the Council of Ministers.

THE GOVERNMENT OF THE REPUBLIC OF TURKEY



SOCIAL SECURITY AGREEMENT BETWEEN CANADA AND THE GOVERNMENT


THE GOVERNMENT OF THE REPUBLIC OF TURKEY


And

THE GOVERNMENT OF CANADA,

Hereinafter referred to as the "Parties" as they called,

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

This purpose to make a deal DECISION HAS BEEN ADVISED
And on the following


HAVE AGREED.
PART II GENERAL PROVISIONS



Definitions Article II

1. The implementation of this Agreement:

"Authority"

Regards Canada, the Minister or Ministers responsible for the implementation of the legislation of Canada; and with regard to Turkey, Labour and Social Security Ministry and other relevant Ministries;

"Competent Authority"

Regards Canada, the competent authority; and with regard to Turkey, Article II (1) (b), the institution or institutions responsible for the implementation of the legislation specified;

"Legislation"

Respect to a Party, that Party in connection with Article II (1) above laws and regulations;

"Creditable periods"

Respect to Canada, including Canada Pension Plan period can be paid according to a disability pension, the premium or residence time used to obtain the right to a benefit under the legislation of Canada; and Turkey in terms of the premium paid or deemed paid and deductions time;

"Help"

Respect to a Party, that any cash assistance legislation a provision attached to the side, meaning the pension or benefit and such a cash benefit, any addition or increase will be applied to pension or allowance;

"Country"

Regards Canada, the territory of Canada; and with regard to Turkey, the Republic;

Refers.

2. any term not defined in this Article shall have the meaning ascribed to it in the applicable legislation.

Article II Legislation to Implementation of the Agreement



1. This Agreement shall apply to the following legislation:

(A) In Canada:

(Ii) the Old Age Security Act (Old Age Security Act) and the regulations thereunder,

(Ii) the Canada Pension Plan (Canada Pension Plan) and the regulations thereunder;

(B) in relation to Turkey:

Work accidents and occupational diseases, invalidity, old age and survivors insurance, limited to;

(Ii) the Social Insurance Act No. 506,

(Ii) the Pension Fund Act 5434,

(Iii) 1479 BAG-KUR Act

(Iv) No. 2925 of 2926 with agricultural workers and self-employed in agriculture on behalf of the Social Insurance Law,

(V) regulations regarding the above law

(Vi) Social Security Law No. 506 of legislation on pension funds subject to provisional Article 20 Article

2. This Agreement without prejudice to the provisions of paragraphs 3, amending the legislation specified in paragraph 1 shall, additions that also applied to combine or substitute for laws and regulations.
3
. This Agreement, a Party legislation, the new entitled thereto groups and to extend the laws and regulations with new aid, within the subsequent three months after the entry into force of these laws and regulations by the Party of bulunmadık other Party a notice of opposition, the law and also apply to the statute.
Article III Persons Covered by


Applications
This Agreement, Canada and Turkey have been subject to the legislation with anyone that they are dependents of the two countries covered by the applicable legislation applies to one person and eligible survivors.

Article IV Equality of Treatment



III. The persons defined in Article according to the law of the Contracting Party, receive equal treatment regarding rights and obligations.
ARTICLE V Export of


Help Unless otherwise specified in this Agreement
:

1. including aid obtained by virtue of this Agreement, III. payable in accordance with the Party legislation, any person assistance as defined in Article, any discount just because of the people residing in the other country, modification, suspension shall be subject to cancellation or confiscation, and these benefits shall be paid in the other country.


2. Both are subject to the laws of the Parties or such a person was a man or people and their dependents are entitled to the remaining veyageri benefits payable under this Agreement, shall be paid in the territory of a third State.


PART II

PROVISIONS RELATING TO THE APPLICABLE LEGISLATION ARTICLE V with


Rules Regarding Coverage
1. Without prejudice to the provisions of this Agreement:

(A) the territory of a Party workers, employed by a person in respect of that work, be subject only to the legislation of the Parties; and

(B) as a permanent resident country Parties and the territory of the other Party or Parties of both countries for their own account, a self-employed person, in respect of that work, be subject only to the permanent residence of the Parties to the legislation.

2. which are subject to a Party's legislation and employed a person to serve for a period not exceeding 24 months for the same or a related employer in the other country, these services would be subject to the legislation of the first Party as if you were in its territory. Both with the prior approval of the competent authorities of the Parties to this 24-month period may be extended by a total not to exceed 60 months.
3
. A person, provisions of this Agreement applying to are going to be subject to the legislation of both Parties because of work as the crew of a ship, this business about the Turkish flag bearing the ship personnel to the Turkish legislation is subject to the legislation of Canada in any other case.

4. anyone employed in connection with a government task carried out on behalf of a party other country, if only the citizens of the second party or second party normally resident in principle, be subject to the legislation of the second Party. The citizens said one of the first Party may elect to be subject to the legislation of the first Party.

5. The competent authorities of the Contracting Parties with respect to any person or group of persons, by mutual agreement, modify the application of these provisions.
ARTICLE VII Terms


Canadian Legislation Definition of Certain Periods of Residence


1. Only in calculating the amount of aid under the Old Age Security Act:

(A) a person, any presence or residence time on during the Canada Pension Plan or Canada, a province in Turkey, if not subject to the comprehensive pension plan, this one and with residing and employed, or your own name and account operation this time due to the Turkish people that are not subject to the legislation wife and dependents, history is considered as a period of residence in Canada; and

(B) If a person during any present or period of residence in Canada in the country, and would be subject to Turkish legislation, this one and residing with him and because of employment or your own name and account work Canada Pension Plan or Canada for those responsible to be subject to the exclusive and comprehensive look at the pension plan of a province, it will not be accepted past this time as a period of residence in Canada.





2.1. the application of paragraph:

(A) a person just as in Turkey, or the residence of the time during employment or in its own name and on the account of the payment of contributions to the plan about because of work, this one during this period the Canada Pension Plan or Canada, subject to the comprehensive pension plan of a province It will be accepted.

(B) A person only during the time that resides in Canada or the residence of the employment or necessarily his own name and account work because of Turkish legislation in case of payment of contributions, that person would be subject to Turkish legislation during this period it will be accepted.
PART III

HELP WITH PROVISIONS

CHAPTER 1 JOINING


ARTICLE VIII

Canada and Turkey in accordance with Law Times

1. A person, according to the Party's legislation, because sufficient creditable period can not finish the event to qualify for payment of a benefit, this one, the entitlement to the payment of the aid, while the condition of the conflict, as determined in 2 to 4 paragraph shall be determined by combining the time.

2. (A) According to the Canadian Old Age Security Act, in determining entitlement to the payment of a benefit, a Turkish creditable periods under the legislation, it is considered as a period of residence in the territory of Canada.


(B) of the Canada Pension Plan, in determining entitlement to the payment of a benefit, a calendar year including at least a 90-day period of the Turkish creditable under the legislation, the Canada Pension Plan shall be considered as a creditable under years.
3
. According to Turkish legislation in determining entitlement to the payment of an old-age benefits:

(A) is creditable under the Canada Pension Plan, a calendar year which is a period creditable under the legislation of Turkey is considered to be 360 ​​days; and

(B) According to Canada's Old Age Security Act, which is a creditable period and in accordance with the Canada Pension Plan is not part of a creditable period a day, is considered to be one day the Turkish creditable under the legislation.

4. According to Turkish legislation in determining entitlement to the payment of an invalidity or death benefit, the Canada Pension Plan, a calendar year which is a creditable period under the creditable under the legislation of Turkey is considered to be 360 ​​days.

5. If a person is not insured by the Canada prior to entry into the Turkish insurance legislation, these entries will be accepted as entry into the Turkish insurance.
Article IX Periods under the Third


a State Legislation
If a person, in accordance with the legislation of the Parties VIII. As stated in Article on the basis of the creditable periods, while not entitled to the payment of a benefit, this one by social security agreements with affiliated found that a third according to State legislation consolidation of the creditable periods, which joined the duration of each Party this time that can win right to the aid payment it is determined.
Article X Minimum Period to be merged



Regardless of any other provision of this Agreement, if in accordance with the Party legislation, a person less than one year total of completed creditable periods by, and if, taking into account only those periods, applicable law right to a benefit is not available, then the Party's authority by virtue of this Agreement in relation to these periods that can not be requested to connect anyone to help. So far, this time the other party is taken into account in determining entitlement to benefits under the applicable legislation.
CHAPTER 2



BENEFITS UNDER THE LEGISLATION OF CANADA ARTICLE XI

Benefits under the Old Age Security Act


1. If a person only if a pension or a spouse's allowance is entitled to payment by applying the provisions of Chapter 1 st, Canadian authorities only, which can be taken into account in accordance with the Law on Old Age Security is based on periods of residence in Canada, providing a partial pension or a spouse allowance binding Elderly in accordance with the provisions of security Act, it calculates the amount of the pension or spouse's allowance payable to anyone.

2. Paragraph 1 also entitled to a monthly payment in Canada, but with the Old Age Security Act also applies to a person who is required to reside in Canada for a minimum period to qualify for the payment of a pension outside Canada.
3
. Notwithstanding any other provision of this Agreement:

(A) if that person's periods of residence, 1. When combined, as stated in Section, to qualify for the payment of one month, at least outside Canada Old Age Security Kanunu'n requested by a minimum of Canadian residence time to equal a person to an old age security outside Canada the pension is paid; and

(B) a spouse's allowance and the guaranteed income supplement is paid to a person outside Canada only to the extent permitted by the Old Age Security Act.


Article XII Benefits under the Canada Pension Plan

If a person, entitled to payment of a benefit only if the implementation of the provisions of Chapter 1 st, Canadian authorities will calculate the amount of benefit payable to that person in the following manner:

(A) the earnings-related portion of the benefit in accordance with the provisions of the Canada Pension Plan, are determined exclusively on the basis of the pensionable earnings under that Plan; and

(B) fixed-rate portion of the benefit;

(Ii) the provisions of the Canada Pension Plan amount of the flat portion of the benefit determined in accordance with the

(Ii) under that Plan to establish entitlement to benefits minimum qualifying period required in connection with the Canada Pension Plan premiums, representing a fraction of the rate of pay period,
It is determined by multiplying the
, but in no way exceed a fraction of this.
SECTION 3



ASSISTANCE UNDER TURKISH LEGISLATION
ARTICLE XIII
Help Calculating the Amount Payable


1. Turkish absence of the right to request a monthly or on income from the creditable periods, but VIII or results IX substance of the agreement in case of absence of a monthly or right to demand income, the following provisions shall apply:

(A) the competent Turkish Social Security Institution, combined creditable periods shall determine, taking into account income, such as monthly or according to the laws passed.

(B) the competent Turkish Social Security Institution after (a) calculating the portion in accordance with the ratio of the total of the creditable periods according to both Contracting Parties mevzut of the creditable periods according to the salary or income of their legislation identified as theoretical according to me, to be paid monthly or determine the amount of income.

2. Reducing the pension Turkish legislation relating to suspension or interruption are taken into account in the implementation of this Agreement.
PART IV

ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

Article XIV


1
Administrative Regulations. The competent authorities of the Parties, through an administrative arrangement, take the necessary measures for the implementation of this Agreement.

2. liaison offices of the Parties shall be designated in that arrangement.
Article XV


Information and Mutual Assistance
1. competent authorities and institutions responsible for the implementation of this Agreement:

(A) to the extent permitted by the legislation, shall communicate to each other any information necessary for the implementation of this Agreement;

(B) in accordance with the legislation that this Agreement or the application of this Agreement regarding the payment or of determining entitlement to the aid of any aids, as if they were concerned with the implementation of their own legislation, they help each other; and

(C) as soon as possible, or if it affects all measures taken for the implementation of the Agreement's implementation of this Agreement shall notify each other the changes in their legislation.

2. Sub-paragraph 1 (b) The assistance referred XIV for the reimbursement of certain types of expenses. Located in the Administrative Arrangement made in accordance with Article Without prejudice to any provision is provided free of charge. When a Party seeks reimbursement from the competent institution of the other Party of the competent institution, the latter institution first institution notifies specifying the amount payable in the currency of the first Party. On top of that, the amount of the latter institution, pays first institution in the currency of the first Party.
3
. unless disclosure is required under the law of a Party to this Agreement are confidential any information submitted by the other Party about a person based on a party and is only used for the execution of this Agreement and the laws that apply to this Agreement.
ARTICLE XVI


Taxes, Duties, Fees and the mortar
Exemption or Reduction


1. A Party, that Party in connection with the preparation of any certificate or document required to implement the legislation legislations provision connected with the tax, pictures, exemption from consular fees or administrative fees or any reduction related, necessary documents related to the implementation of the other Party regulations and documents in It covers.

2. This made any official document types required for the implementation of the Agreement shall be exempt from any authentication by diplomatic or consular authorities and similar formality.
Article XVII Language of Communication



Can communicate directly with any official language of either Party authorities and institutions of the Parties for the implementation of this Agreement with one another.
ARTICLE XVIII

request, Papers and Submission of Appeals

1. According to the legislation of one Contracting Party, that Party's authority or institution requests for determining an assistance payment or benefit rights made in due time, notice or appeal to the other Party to the competent authority shall be considered as presented to the institution. The same also applies to declarations and objections to petitions on other issues.

2. The request for assistance made under this Agreement a Party after the date of entry into force of legislation, is considered to be a claim for the corresponding benefit under the legislation of the other Party.

So far applicant:

(A) requests to be mentioned in the petition is valid under the legislation of the other Party

(B) or completed under the legislation of a Party to submit information and documents related to the creditable periods is required.

Above considerations do not apply if he wishes to postpone the request for assistance clearly in the petition of the applicant.

3
. 1st and 2nd paragraph applies in any case, demand, notice or appeal has been submitted by the competent authority or agency shall immediately transmit it to the competent authority or institution of the other Party.
Article XIX Payment of


Help
Authority of a Party may fulfill the obligations in the currency of that Party under this Agreement.
ARTICLE XXI Problem Solving



1. With regard to the interpretation or application of this Agreement, the Parties will be held between the competent authorities of any dispute between the parties will emerge form the subject of direct negotiations.

2. A dispute arising in this way from the beginning of such negotiations, following if not resolved in such a way that within 6 months, at the request of one of the circumstance Party will be determined by an agreement between the composition and procedural rules of practice parties, submitted to an arbitration commission.
3
. Arbitration Commission makes a decision in accordance with the spirit and fundamental principles of the Agreement. The Commission's decision is final and bağlayac.

Article XX of the Agreement with the State of Canada's


Turkey's relevant authorities and a province of Canada, agreements on social security in any state jurisdiction in Canada unless it can conflict with the provisions of this Agreement.

PART V TRANSITIONAL AND FINAL PROVISIONS Article XXII



Transitional Provisions
1. This Agreement is completed before the date of entry into force of any creditable period is taken into account in determining the right to a benefit under this Agreement.

2. No provision of this Agreement, the date of entry into force of this Agreement will not give you the right to receive payment of a benefit for a period.
3
. 2. Subject to paragraph judgment, other than a lump sum payment, help, before the date on which this agreement enters into force with respect to events which occurred after the date of entry into force of this Agreement shall be paid current.
ARTICLE XXIII


Duration and Termination
1. Remain in force without any limitation on the duration of this Agreement. Agreement by either party at any time in writing to the other Party, may be terminated by giving 12 months' notice.

2. In the event of termination of this Agreement, its provisions shall continue in accordance with any rights that a person has achieved these provisions and therefore made during the negotiations for the conclusion of the rights entitlement.
ARTICLE XXIV



Entry into Force
This Agreement, that internal conditions were appropriate for a written statement received by the first day of the fourth month following the month for the entry into force of this Agreement from other Parties, each Party shall enter into force.
people, the undersigned, being duly authorized thereto by
Governments, have signed this Agreement.

This Agreement in Ankara, on 19 June 1998, including each text equally authentic, Turkish, English and French language, in two copies.

GOVERNMENT OF THE REPUBLIC OF TURKEY ON BEHALF OF THE GOVERNMENT OF CANADA

Professor Dr. Nami AGE Michael MACE
Labour and Social Security Minister, Ambassador of Canada