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Supplementary Agreement amending the Agreement on Social Security between Canada and the Kingdom of the Netherlands [1990] CATSer 27 (1 October 1990)

E102195 - CTS 1990 No. 14

SUPPLEMENTARY AGREEMENT AMENDING THE AGREEMENT ON SOCIAL SECURITY BETWEEN CANADA AND THE KINGDOM OF THE NETHERLANDS

The Government of Canada and the Government of the Kingdom of the Netherlands,

Having considered the Agreement on Social Security between Canada and the Kingdom of the Netherlands, signed February 26, 1987, (hereinafter referred to as "the Agreement"), and

Having determined the need to modify certain provisions relating to the rights to benefits under the Agreement,

Have agreed as follows:

ARTICLE I

Subparagraph 3(a) of Article X of the Agreement shall be deleted and replaced by the following new subparagraph:

"3.(a) Notwithstanding any other provision of this Agreement, the competent institution of Canada shall not be liable to pay an Old Age Security pension outside the territory of Canada to a person unless he or she has resided in Canada within the meaning of the Old Age Security Act for a period of at least one year after December 31, 1956 and unless the creditable periods, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad."

ARTICLE II

1. Paragraph 2 of Article XIV of the Agreement shall be deleted and replaced by the following new paragraph:

"2. Subject to paragraph 3, periods before January 1, 1957 during which a national of one Party or a person described in paragraph 2 (b) or (c) of Article IV resided in the territory of the Netherlands after reaching the age of fifteen or during which, while residing in another country, the person was gainfully employed in the Netherlands shall also be considered as creditable periods if the person does not satisfy the conditions of the Netherlands legislation permitting such periods to be treated for that person as creditable periods."

2. Paragraph 3 of Article XIV of the Agreement shall be deleted and replaced by the following new paragraph:

"3. The periods referred to in paragraph 2 shall be taken into consideration in the calculation of the old age pension only if the person has been insured within the meaning of Article 6 of the Netherlands General Old Age Pensions Act and the person has resided for at least six years in the territory of one or both Parties after reaching the age of fifty-nine and only while the person is residing in the territory of either Party. However, these periods shall not be taken into consideration if they coincide with periods taken into consideration in the calculation of an old age pension under the legislation of a country other than the Netherlands."

ARTICLE III

This Supplementary Agreement shall enter into force on the date of entry into force of the Agreement and shall have the same period of validity.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Supplementary Agreements.

DONE in two copies at Ottawa, this 26^th day of July 1989, in the English, French and Dutch languages, each text being equally authentic.

Perrin Beatty

FOR THE GOVERNMENT OF CANADA

Jan F. E. Breman

FOR THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS