1. For the purposes of this Agreement:

“benefit” means, for a Party, any cash benefit that is payable under the legislation of that Party and includes any supplements or increases to that cash benefit;

“competent agency” means:

“competent authority” means:

“legislation” means, for a Party, the laws referred to in Article 2;

“national” means, for Canada, a Canadian citizen; and, for Austria, an Austrian citizen;

“period of coverage” means:

2. A term that is used in this Agreement that is not defined in this Article has the meaning assigned to it in the Parties’ respective laws.

1. This Agreement applies to the following legislation:

2. This Agreement applies to any laws, regulations, and statutory instruments that amend, supplement, consolidate, or supersede the legislation referred to in paragraph 1.

3. This Agreement also applies to any laws and regulations that extend the legislation of a Party to include a new category of persons or to include a new benefit unless the Party that implements the changes advises the other Party, within six months of the entry into force of those laws and regulations, that this Agreement does not apply to that new category of persons or to that new benefit.

1. When determining eligibility for and payment of a benefit, a Party shall apply the same conditions to a person who is or who has been subject to the legislation of the other Party, and to any other person who derives eligibility for a benefit from that first person, as the conditions that apply to a national of the first Party.

2. A Party shall apply paragraph 1 even if a person resides in or is present in the territory of a third State.

3. Paragraph 1 does not apply to the legislation of Austria concerning the apportionment of insurance burdens that result from an agreement with a third party.

4. For the legislation of Austria concerning credit for a period of war service or a period considered as equivalent to war service, Austria shall apply equal treatment to an Austrian national and to a Canadian national who was an Austrian national immediately before 13 March 1938.

5. Austria shall apply to a Canadian national that is subject to the legislation of Austria in accordance with Article 9 a treatment equal to the treatment applied to an Austrian national.

1. Unless otherwise provided in this Agreement, a Party shall not reduce, modify, suspend, or cancel a benefit payable to a person described in Article 3 based only on the fact that the person who is eligible for that benefit resides in or is present in the territory of the other Party. A Party shall pay that benefit when that person resides in or is present in the territory of the other Party.

2. For Canada, an allowance or a guaranteed income supplement is payable to a person who is outside Canada only to the extent permitted by the Old Age Security Act.

3. For Austria, paragraph 1 does not apply to a compensatory supplement or a single payment to maintain purchasing power.

1. Notwithstanding 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 continue to apply to persons covered by those conventions.

2. A person who is employed by the government or another public employer of a Party and who is sent by that Party to perform services in the territory of the other Party is subject only to the legislation of the first Party in respect of those services.

3. Except as provided in paragraphs 1 and 2, a person who resides in the territory of a Party and who is employed in that territory by the government of the other Party is subject only to the legislation of the first Party in respect of that employment.

1. For the purposes of calculating a benefit under the Old Age Security Act:

2. For the purposes of paragraph 1:

1.If a person is not eligible for a benefit because that person does not have sufficient periods of coverage under the legislation of a Party, the Party, through its competent agency, shall determine the eligibility of that person for that benefit by totalizing the periods of coverage and the periods specified in paragraphs 2 and 3, provided that those periods do not overlap. That Party, through its competent agency, shall consider the periods specified in paragraphs 2 and 3 as if they were completed under its legislation.

2. To determine eligibility for a benefit under the legislation of Canada, Canada shall consider:

3. To determine eligibility for a benefit under the legislation of Austria, Austria shall consider:

(a) if the legislation of Austria makes a benefit conditional on the completion of a period of coverage in an occupation that is covered by a special scheme or a period of coverage in a specified occupation or a specified employment, only a period of coverage that is covered by a corresponding special scheme under the legislation of Canada or a period of coverage in the same specified occupation or the same specified employment under the legislation of Canada is taken into account for that benefit;

(b) if the legislation of Austria provides that a period of payment of a pension prolongs the reference period during which to complete periods of coverage, a period of payment of a benefit under the legislation of Canada corresponding to that pension also prolongs that reference period.

1. If a person is eligible for a benefit under the legislation of Austria without the application of Chapter 1, Austria, through its competent agency, shall determine the amount of the benefit in accordance with the legislation of Austria based only on the periods of coverage that are completed under that legislation.

2. If a person is eligible for a benefit under the legislation of Austria based only on the totalizing provisions of Chapter 1, Austria, through its competent agency, shall determine the amount of the benefit in accordance with the legislation of Austria concerning the calculation of a benefit under bilateral agreements.

1. If a person is eligible for a pension or allowance under the Old Age Security Act based only on the totalizing provisions of Chapter 1, Canada shall calculate the pension or allowance payable to that person based only on the periods of residence in Canada that are identified in accordance with that Act.

2. Paragraph 1 also applies to a person outside Canada who is eligible for a full pension in Canada even if that person has not resided in Canada for the minimum period required by the Old Age Security Act for the payment of a pension outside Canada.

3. Canada shall pay an Old Age Security pension to a person who is outside Canada only if that person’s periods of residence, totalized in accordance with 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.

(a) the earnings-related portion of the benefit is determined in accordance with the provisions of the Canada Pension Plan, based only on the pensionable earnings under that Plan;

(b) the flat-rate portion of the benefit is pro-rated by multiplying:

the flat-rate portion of the benefit determined in accordance with the Canada Pension Plan

by

the fraction representing the ratio of the periods of contribution to the Canada Pension Plan in relation to the minimum qualifying period required under that Plan to establish eligibility for that benefit. That fraction must not exceed the value of one.

1. The Parties, through their competent authorities, shall conclude an administrative arrangement that establishes the terms for the implementation of this Agreement.

2. The Parties, through their competent authorities, shall designate their liaison agencies in the administrative arrangement.

1. A Party, through its competent authority, shall inform the other Party of a change in legislation that affects the implementation of this Agreement.

2. A Party, through its competent agency, shall assist the other Party in implementing this Agreement as if it were implementing its own legislation. This assistance is provided free of charge, subject to any provision for the reimbursement of certain types of expenses in an administrative arrangement concluded pursuant to Article 20.

3. If a Party, through its competent agency, requires a person who resides or is present in the territory of the other Party to undergo a medical examination and makes a request to that other Party, the examination is arranged or carried out by that other Party, through its competent agency. The examination is at the expense of the competent agency of the first Party and takes place in accordance with the procedures of the competent agency of the other Party.

1. Subject to the Parties’ respective laws, personal information means information about an identifiable person that is recorded in any form.

2. For the implementation of this Agreement and the legislation, the Parties, through their competent agencies, shall, in accordance with their domestic laws:

3. The Parties shall, in accordance with their domestic laws, provide the person to whom the personal information relates a right of review before a court of law if that person is refused access to his or her personal information or if that person’s correction of personal information request is refused.

1. If a Party’s legislation provides that a person is exempt from all or part of a legal, consular, or administrative fee for a certificate or document that is required to apply that legislation, the exemption applies to any legal, consular, or administrative fee for a certificate or document of the other Party.

2. An official document that is required to apply this Agreement does not have to be authenticated by diplomatic or consular authorities.

1. The Parties may, through their competent agencies, competent authorities and liaison agencies, designated in an administrative arrangement concluded pursuant to Article 20, communicate directly with each other in any official language of either Party.

2. A Party, through its competent agency, shall not reject a claim or other document submitted to it based only on the fact that that claim or other document is written in an official language of the other Party.

1. If a claim, notice, or appeal that should be submitted within a prescribed period to the competent agency of a Party is submitted within the same prescribed period to the competent agency of the other Party, that claim, notice, or appeal is considered to be submitted to the competent agency of the first Party within the prescribed period. The date of submission of the claim, notice, or appeal to the competent agency of the other Party is deemed to be the date of submission to the competent agency of the first Party.

2. A Party, through its competent agency, shall consider a claim for a benefit under the legislation of the other Party to be a claim for the corresponding benefit under its own legislation if a person provides information at the time of application that indicates that periods of coverage have been completed under the legislation of that first Party. This does not apply if a person requests that the processing of a claim for a benefit under the legislation of that first Party be deferred.

3. The competent agency of a Party to which a claim, notice, or appeal is submitted in accordance with paragraphs 1 and 2 transmits it without delay to the competent agency of the other Party.

1.

2. The competent agency of a Party does not deduct any amount for administrative expenses from any benefit paid.

1. Subject to paragraph 2, this Agreement, on entry into force, replaces the 1987 Agreement and the 1995 Supplementary Agreement.

2.

3. A period of coverage that is completed before the date of entry into force of this Agreement is taken into account to determine eligibility for a benefit under this Agreement.

4. Unless otherwise provided by the legislation of a Party, this Agreement does not make a person eligible to receive payment of a benefit for a period before the date of entry into force of this Agreement.

5. A benefit is payable under this Agreement in respect of an event that takes place before the date of entry into force of this Agreement.

6. If, at the date on which this Agreement comes into force, a person is covered under the legislation of Austria or under the Canada Pension Plan in accordance with the provisions of the 1987 Agreement and the 1995 Supplementary Agreement, and if that person would not be covered in accordance with the provisions of this Agreement, that person remains covered as long as they would continue to be covered in accordance with the provisions of the 1987 Agreement and the 1995 Supplementary Agreement.

7. For a person who is detached by that person’s employer to work in the territory of the other Party on the date of entry into force of this Agreement, the detachment period completed before that date is taken into account when calculating the period of sixty months referred to in Article 8.

1. This Agreement remains in force indefinitely. A Party may terminate it at any time with 12 months’ notice, in writing, through diplomatic channels to the other Party.

2. If a Party terminates this Agreement, a person is entitled to a benefit that is already acquired in accordance with this Agreement. This Agreement continues to have effect in relation to any person who applies for a benefit before its termination, if that person would have acquired a benefit had this Agreement not been terminated.

3. The Parties shall continue to apply Part II of this Agreement to a detachment that commences prior to the termination of this Agreement.