Common use of Provisions on Benefits Clause in Contracts

Provisions on Benefits. Article 5 Click to read annotation The following provisions shall apply to the United States: Where a person has completed at least six quarters of coverage under the laws of the United States, but does not have sufficient periods of coverage to satisfy the requirements for entitlement to benefits under the laws of the United States, the competent institution of the United States shall take into account, for the purpose of establishing entitlement to benefits under this Article, periods of coverage which are credited under the laws of Japan and which do not coincide with periods of coverage already credited under the laws of the United States. Click to read annotation For the purpose of establishing entitlement to benefits under paragraph 1 of this Article, the competent institution of the United States shall credit, in accordance with the laws of the United States, one quarter of coverage for every three months of periods of coverage which are credited under the laws of Japan and certified by the competent institutions of Japan. Any remainder of less than three months of periods of coverage that results from this crediting shall be taken into account as one additional quarter of coverage. However, no quarter of coverage shall be credited for any calendar quarter already credited as a quarter of coverage under the laws of the United States. The total number of quarters of coverage to be credited under this paragraph and the quarters of coverage already credited under the laws of the United States shall not exceed four in a calendar year. Click to read annotation Where entitlement to a benefit under the laws of the United States is established according to paragraph 1 of this Article, the competent institution of the United States shall compute a pro rata Primary Insurance Amount in accordance with the laws of the United States based on: the person's average earnings credited exclusively under the laws of the United States and the ratio of the duration of the person's periods of coverage completed under the laws of the United States to the duration of a coverage lifetime as determined in accordance with the laws of the United States. Benefits payable under the laws of the United States shall be based on the pro rata Primary Insurance Amount. Click to read annotation Entitlement to a benefit from the United States which results from paragraph 1 of this Article shall terminate with the acquisition of sufficient periods of coverage under the laws of the United States to establish entitlement to an equal or higher benefit without the need to apply paragraph 1 of this Article. Click to read annotation For the purpose of applying paragraphs 1 and 2 of this Article, periods of coverage credited under the laws of Japan shall include periods of contributions under the laws of Japan and any other periods taken into account under those laws for establishing entitlement to benefits, with the exception of complementary periods for Japanese nationals on the basis of ordinary residence outside the territory of Japan and periods of coverage for Category III insured persons under the National Pension. Notwithstanding the preceding sentence, the competent institution of the United States shall also credit a maximum of eleven quarters of coverage for periods of coverage for Category III insured persons, provided that the insured person has at least one month of periods of coverage for Category I insured persons or Category II insured persons, or one quarter of coverage under the laws of the United States, both before and after the periods of coverage for Category III insured persons. Click to read annotation Article 6 Click to read annotation The following provisions shall apply to Japan: (a) Where a person does not have sufficient periods of coverage to fulfill the requirements for entitlement to benefits under the laws of Japan, the competent institution of Japan shall take into account, for the purpose of establishing entitlement to benefits under this Article, periods of coverage which are credited under the laws of the United States. Click to read annotation (b) Subparagraph (a) shall not apply to the following benefits under the laws of Japan: the Disability Allowance under the Employees' Pension Insurance; the disability lump-sum payments under the mutual aid pensions; the additional pension for specified occupations under the mutual aid pensions; the lump-sum payments upon withdrawal for persons other than Japanese nationals under the Employees' Pension Insurance and the lump-sum payments upon withdrawal for persons other than Japanese nationals under the mutual aid pensions; the allowance upon withdrawal under the Employees' Pension Insurance and the lump-sum payments upon withdrawal under the mutual aid pensions; the special lump-sum death payments under the mutual aid pensions; and any other benefits similar to those specified in (i) to (vi), to be introduced after the entry into force of this Agreement, and as may be agreed upon between the two Parties. Click to read annotation In applying paragraph 1(a) of this Article, the competent institutions of Japan shall credit, in each calendar year, three months of periods of coverage for every quarter of coverage which is credited in that year under the laws of the United States and certified by the competent institution of the United States. Periods of coverage to be credited by the competent institutions of Japan, the unit of which is a month, shall be allocated in chronological order starting with the first month of the calendar year, except for the months that are already credited as periods of coverage under the laws of Japan. However, the months of periods of coverage shall be allocated in the reverse order starting with the last month of the calendar year if it is necessary to establish entitlement to a benefit under the laws of Japan. The total number of months of periods of coverage to be allocated under the provision of this subparagraph and the months that are already credited as periods of coverage under the laws of Japan shall not exceed twelve in a calendar year. Click to read annotation periods of coverage under the laws of the United States to be credited by the competent institutions of Japan under subparagraph (a) shall be taken into account as both periods of coverage under Japanese pension systems for employees and periods of coverage for Category II insured persons under the National Pension. Click to read annotation (a) Where the laws of Japan require for entitlement to disability pensions or survivors’ pensions that the date of the first medical examination or of death lie within specified periods of coverage, this requirement shall be deemed to be fulfilled for the purpose of establishing entitlement to those pensions, provided that a person: has credit for at least four quarters of coverage under the laws of the United States during a period of eight calendar quarters ending with the calendar quarter in which the date of the first medical examination or death occurs; or has credit for at least six quarters of coverage under the laws of the United States during a period of thirteen calendar quarters ending with the calendar quarter in which the date of the first medical examination or death occurs. However, if entitlement to disability pensions or survivors' pensions under the National Pension is established without applying this paragraph, this paragraph shall not be applied for the purpose of establishing entitlement to disability pensions or survivors' pensions based on the same insured event under Japanese pension systems for employees. Click to read annotation In applying subparagraph (a), as regards a person who possesses periods of coverage under two or more Japanese pension systems for employees, the requirement referred to in that subparagraph shall be deemed to be fulfilled for one of those pension systems in accordance with the laws of Japan. Click to read annotation Where entitlement to a benefit under the laws of Japan is established by virtue of paragraph 1(a) or 3(a) of this Article, the competent institution of Japan shall calculate the amount of that benefit in accordance with the laws of Japan, subject to paragraphs 5 to 9 of this Article. Click to read annotation With regard to the Disability Basic Pension and other benefits, the amount of which is a fixed sum granted regardless of the period of coverage, if the requirements for receiving such benefits are fulfilled by virtue of paragraph 1(a) or 3(a) of this Article, the amount to be granted shall be calculated according to the proportion of the sum of the periods of contribution and the premium-exempted periods under the pension system from which such benefits will be paid to the theoretical period of coverage referred to in paragraph 7 of this Article. Click to read annotation With regard to disability pensions and survivors' pensions under Japanese pension systems for employees, insofar as the amount of those pensions to be granted is calculated on the basis of the specified period determined by the laws of Japan when the periods of coverage under those systems are less than that specified period, if the requirements for receiving such pensions are fulfilled by virtue of paragraph 1(a) or 3(a) of this Article, the amount to be granted shall be calculated according to the proportion of the periods of coverage under Japanese pension systems for employees to the theoretical period of coverage referred to in paragraph 7 of this Article. However, when the theoretical period of coverage exceeds that specified period, the theoretical period of coverage shall be regarded as equal to that specified period. Click to read annotation For the purpose of paragraph 5 and 6 of this Article, "theoretical period of coverage" means the sum of the following periods (except that it shall not include the period after the month in which the day of recognition of disability occurs or the period beginning with the month in which the day following the day of death occurs): the period from the month in which the day of attainment of age 20 occurs through the month preceding the month in which the day of attainment of age 60 occurs, except the period before April 1, 1961; periods of contribution under the laws of Japan which do not coincide with the period referred to in subparagraph (a) of this paragraph; and periods of coverage under the laws of the United States which do not coincide with periods referred to in subparagraph (b) of this paragraph, in case the month in which the day of recognition of disability occurs or the month preceding the month in which the day following the day of death occurs is before the period referred to in subparagraph (a) of this paragraph. Click to read annotation With regard to the calculation of the amount of benefits under Japanese pension systems for employees in accordance with paragraphs 5 and 6 of this Article, if the person entitled to the benefits possesses periods of coverage under two or more such pension systems, the periods of contribution referred to in paragraph 5 of this Article or the periods of coverage referred to in paragraph 6 of this Article shall be the sum of the periods of coverage under all such pension systems. However, when the sum of the periods of coverage equals or exceeds the specified period determined by the laws of Japan within the meaning of paragraph 6 of this Article, the method of calculation stipulated in paragraph 6 of this Article and this paragraph shall not apply. Click to read annotation With regard to the Additional Pension for Spouses which is included in the Old-age Employees' Pension and any other benefits that may be granted as a fixed sum in cases where the period of coverage under Japanese pension systems for employees equals or exceeds the specified period determined by the laws of Japan, if the requirements for receiving such benefits are fulfilled by virtue of paragraph 1(a) of this Article, the amount to be granted shall be calculated according to the proportion of the periods of coverage under the Japanese pension system for employees from which such benefits will be paid to that specified period. Click to read annotation

Appears in 1 contract

Samples: u.s. Japanese Social Security Agreement

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Provisions on Benefits. Article 5 Click to read annotation The following provisions shall apply Chapter 1 Provisions Applicable to the United States: Article 5 Where a person has completed at least six quarters of coverage under the laws of the United StatesStates laws, but does not have sufficient periods of coverage to satisfy the requirements for entitlement to benefits under the laws of the United StatesStates laws, the competent institution agency of the United States shall take into account, for the purpose of establishing entitlement to benefits under this Article, periods of coverage which are credited under the Finnish laws of Japan and which do not coincide with periods of coverage already credited under the laws of the United StatesStates laws. Click to read annotation For the purpose of establishing entitlement to In determining eligibility for benefits under paragraph 1 of this Article, the competent institution agency of the United States shall credit, in accordance with the laws of the United States, credit one quarter of coverage for every three 3 months of periods of coverage which are credited under the laws of Japan and certified by the competent institutions agency of Japan. Any remainder of less than three months of periods of coverage that results from this crediting shall be taken into account as one additional quarter of coverage. HoweverFinland; however, no quarter of coverage shall be credited for any calendar quarter already credited as a quarter of coverage under the laws of the United StatesStates laws. The total number of quarters of coverage to be credited under this paragraph and the quarters of coverage already credited under the laws of the United States for a year shall not exceed four in a calendar yearfour. Click to read annotation Where entitlement to a benefit under the laws of the United States laws is established according to the provisions of paragraph 1 of this Article1, the competent institution agency of the United States shall compute a pro rata Primary Insurance Amount in accordance with the laws of the United States laws based on: on (a) the person's average earnings credited exclusively under the laws of the United States laws and (b) the ratio of the duration of the person's periods of coverage completed under the laws of the United States laws to the duration of a coverage lifetime as determined in accordance with the laws of the United StatesStates laws. Benefits payable under the laws of the United States laws shall be based on the pro rata Primary Insurance Amount. Click to read annotation Entitlement to a benefit from the United States which results from paragraph 1 of this Article shall terminate with the acquisition of sufficient periods of coverage under the laws of the United States laws to establish entitlement to an equal or higher benefit without the need to apply invoke the provision of paragraph 1 of this Article. Click to read annotation For the purpose of applying paragraphs 1 and 2 of this Article, periods of coverage credited under the laws of Japan shall include periods of contributions under the laws of Japan and any other periods taken into account under those laws for establishing entitlement to benefits, with the exception of complementary periods for Japanese nationals on the basis of ordinary residence outside the territory of Japan and periods of coverage for Category III insured persons under the National Pension. Notwithstanding the preceding sentence, the competent institution of the United States shall also credit a maximum of eleven quarters of coverage for periods of coverage for Category III insured persons, provided that the insured person has at least one month of periods of coverage for Category I insured persons or Category II insured persons, or one quarter of coverage under the laws of the United States, both before and after the periods of coverage for Category III insured persons. Click to read annotation Article 6 Click to read annotation The following provisions shall apply to Japan: (a) Where a person does not have sufficient periods of coverage to fulfill the requirements for entitlement to benefits under the laws of Japan, the competent institution of Japan shall take into account, for the purpose of establishing entitlement to benefits under this Article, periods of coverage which are credited under the laws of the United States. Click to read annotation (b) Subparagraph (a) shall not apply to the following benefits under the laws of Japan: the Disability Allowance under the Employees' Pension Insurance; the disability lump-sum payments under the mutual aid pensions; the additional pension for specified occupations under the mutual aid pensions; the lump-sum payments upon withdrawal for persons other than Japanese nationals under the Employees' Pension Insurance and the lump-sum payments upon withdrawal for persons other than Japanese nationals under the mutual aid pensions; the allowance upon withdrawal under the Employees' Pension Insurance and the lump-sum payments upon withdrawal under the mutual aid pensions; the special lump-sum death payments under the mutual aid pensions; and any other benefits similar to those specified in (i) to (vi), to be introduced after the entry into force of this Agreement, and as may be agreed upon between the two Parties. Click to read annotation In applying paragraph 1(a) of this Article, the competent institutions of Japan shall credit, in each calendar year, three months of periods of coverage for every quarter of coverage which is credited in that year under the laws of the United States and certified by the competent institution of the United States. Periods of coverage to be credited by the competent institutions of Japan, the unit of which is a month, shall be allocated in chronological order starting with the first month of the calendar year, except for the months that are already credited as periods of coverage under the laws of Japan. However, the months of periods of coverage shall be allocated in the reverse order starting with the last month of the calendar year if it is necessary to establish entitlement to a benefit under the laws of Japan. The total number of months of periods of coverage to be allocated under the provision of this subparagraph and the months that are already credited as periods of coverage under the laws of Japan shall not exceed twelve in a calendar year. Click to read annotation periods of coverage under the laws of the United States to be credited by the competent institutions of Japan under subparagraph (a) shall be taken into account as both periods of coverage under Japanese pension systems for employees and periods of coverage for Category II insured persons under the National Pension. Click to read annotation (a) Where the laws of Japan require for entitlement to disability pensions or survivors’ pensions that the date of the first medical examination or of death lie within specified periods of coverage, this requirement shall be deemed to be fulfilled for the purpose of establishing entitlement to those pensions, provided that a person: has credit for at least four quarters of coverage under the laws of the United States during a period of eight calendar quarters ending with the calendar quarter in which the date of the first medical examination or death occurs; or has credit for at least six quarters of coverage under the laws of the United States during a period of thirteen calendar quarters ending with the calendar quarter in which the date of the first medical examination or death occurs. However, if entitlement to disability pensions or survivors' pensions under the National Pension is established without applying this paragraph, this paragraph shall not be applied for the purpose of establishing entitlement to disability pensions or survivors' pensions based on the same insured event under Japanese pension systems for employees. Click to read annotation In applying subparagraph (a), as regards a person who possesses periods of coverage under two or more Japanese pension systems for employees, the requirement referred to in that subparagraph shall be deemed to be fulfilled for one of those pension systems in accordance with the laws of Japan. Click to read annotation Where entitlement to a benefit under the laws of Japan is established by virtue of paragraph 1(a) or 3(a) of this Article, the competent institution of Japan shall calculate the amount of that benefit in accordance with the laws of Japan, subject to paragraphs 5 to 9 of this Article. Click to read annotation With regard to the Disability Basic Pension and other benefits, the amount of which is a fixed sum granted regardless of the period of coverage, if the requirements for receiving such benefits are fulfilled by virtue of paragraph 1(a) or 3(a) of this Article, the amount to be granted shall be calculated according to the proportion of the sum of the periods of contribution and the premium-exempted periods under the pension system from which such benefits will be paid to the theoretical period of coverage referred to in paragraph 7 of this Article. Click to read annotation With regard to disability pensions and survivors' pensions under Japanese pension systems for employees, insofar as the amount of those pensions to be granted is calculated on the basis of the specified period determined by the laws of Japan when the periods of coverage under those systems are less than that specified period, if the requirements for receiving such pensions are fulfilled by virtue of paragraph 1(a) or 3(a) of this Article, the amount to be granted shall be calculated according to the proportion of the periods of coverage under Japanese pension systems for employees to the theoretical period of coverage referred to in paragraph 7 of this Article. However, when the theoretical period of coverage exceeds that specified period, the theoretical period of coverage shall be regarded as equal to that specified period. Click to read annotation For the purpose of paragraph 5 and 6 of this Article, "theoretical period of coverage" means the sum of the following periods (except that it shall not include the period after the month in which the day of recognition of disability occurs or the period beginning with the month in which the day following the day of death occurs): the period from the month in which the day of attainment of age 20 occurs through the month preceding the month in which the day of attainment of age 60 occurs, except the period before April 1, 1961; periods of contribution under the laws of Japan which do not coincide with the period referred to in subparagraph (a) of this paragraph; and periods of coverage under the laws of the United States which do not coincide with periods referred to in subparagraph (b) of this paragraph, in case the month in which the day of recognition of disability occurs or the month preceding the month in which the day following the day of death occurs is before the period referred to in subparagraph (a) of this paragraph. Click to read annotation With regard to the calculation of the amount of benefits under Japanese pension systems for employees in accordance with paragraphs 5 and 6 of this Article, if the person entitled to the benefits possesses periods of coverage under two or more such pension systems, the periods of contribution referred to in paragraph 5 of this Article or the periods of coverage referred to in paragraph 6 of this Article shall be the sum of the periods of coverage under all such pension systems. However, when the sum of the periods of coverage equals or exceeds the specified period determined by the laws of Japan within the meaning of paragraph 6 of this Article, the method of calculation stipulated in paragraph 6 of this Article and this paragraph shall not apply. Click to read annotation With regard to the Additional Pension for Spouses which is included in the Old-age Employees' Pension and any other benefits that may be granted as a fixed sum in cases where the period of coverage under Japanese pension systems for employees equals or exceeds the specified period determined by the laws of Japan, if the requirements for receiving such benefits are fulfilled by virtue of paragraph 1(a) of this Article, the amount to be granted shall be calculated according to the proportion of the periods of coverage under the Japanese pension system for employees from which such benefits will be paid to that specified period. Click to read annotation.

Appears in 1 contract

Samples: u.s. Finnish Social Security Agreement

Provisions on Benefits. Article 5 Click to read annotation annotation Article 6 The following provisions shall apply to the United States: Where a person has completed at least six 6 quarters of coverage under the laws of the United StatesStates laws, but does not have sufficient periods of coverage to satisfy the requirements for entitlement to benefits under the laws of the United StatesStates laws, the competent institution agency of the United States shall take into account, for the purpose of establishing entitlement to benefits under this Article, periods of coverage which are credited under the Chilean laws of Japan and which do not coincide with periods of coverage already credited under the laws of the United StatesStates laws. Click to read annotation For When it is not possible to determine the purpose time when specific periods of establishing entitlement coverage were completed under Chilean laws, it shall be presumed that such periods do not coincide with periods of coverage completed under United States laws. Click to read annotation In determining eligibility for benefits under paragraph 1 of this Article, the competent institution agency of the United States shall credit, in accordance with the laws of the United States, one credit 1 quarter of coverage for every three 3 months of periods of coverage which are credited under the laws of Japan and certified by the competent institutions agency of JapanChile. Any If the conversion described in the preceding sentence results in a fractional remainder, the remainder of less than three months of periods of coverage that results from this crediting shall be taken into account as one considered an additional quarter of coverage. However, no No quarter of coverage shall be credited for any calendar quarter already credited as a quarter of coverage under United States laws, nor shall the laws of the United States. The total number of quarters of coverage to be credited under this paragraph and the quarters of coverage already credited under the laws of the United States shall not for a year exceed four in a calendar yearfour. Click to read annotation Where entitlement to a benefit under the laws of the United States laws is established according to the provisions of paragraph 1 of this Article1, the competent institution agency of the United States shall compute a pro rata Primary Insurance Amount in accordance with the laws of the United States laws based on: on (a) the person's average earnings credited exclusively under the laws of the United States laws and (b) the ratio of the duration of the person's periods of coverage completed under the laws of the United States laws to the duration of a coverage lifetime as determined in accordance with the laws of the United StatesStates laws. Benefits payable under the laws of the United States laws shall be based on the pro rata Primary Insurance Amount. Click to read annotation Entitlement to a benefit from the United States which results from paragraph 1 of this Article shall terminate with the acquisition of sufficient periods of coverage under the laws of the United States laws to establish entitlement to an equal or higher benefit without the need to apply invoke the provision of paragraph 1 of this Article. Click to read annotation For the purpose of applying paragraphs 1 and 2 of this Article, periods of coverage credited under the laws of Japan shall include periods of contributions under the laws of Japan and any other periods taken into account under those laws for establishing entitlement to benefits, with the exception of complementary periods for Japanese nationals on the basis of ordinary residence outside the territory of Japan and periods of coverage for Category III insured persons under the National Pension. Notwithstanding the preceding sentence, the competent institution of the United States shall also credit a maximum of eleven quarters of coverage for periods of coverage for Category III insured persons, provided that the insured person has at least one month of periods of coverage for Category I insured persons or Category II insured persons, or one quarter of coverage under the laws of the United States, both before and after the periods of coverage for Category III insured persons1. Click to read annotation Article 6 7 Click to read annotation The following provisions shall apply to Japan: (a) Where a person does not have sufficient Chile: When Chilean laws require the completion of certain periods of coverage to fulfill the requirements for acquiring, maintaining or recovering entitlement to benefits under the laws of Japanold-age, the competent institution of Japan shall take into account, for the purpose of establishing entitlement to benefits under this Articlesurvivors or disability benefits, periods of coverage which are credited completed under the United States laws of the United States. Click to read annotation (b) Subparagraph (a) shall not apply be added, when necessary, to the following periods of coverage completed under Chilean laws, provided that they do not coincide. In determining entitlement to benefits under the laws of Japan: the Disability Allowance under the Employees' Pension Insurance; the disability lump-sum payments under the mutual aid pensions; the additional pension for specified occupations under the mutual aid pensions; the lump-sum payments upon withdrawal for persons other than Japanese nationals under the Employees' Pension Insurance and the lump-sum payments upon withdrawal for persons other than Japanese nationals under the mutual aid pensions; the allowance upon withdrawal under the Employees' Pension Insurance and the lump-sum payments upon withdrawal under the mutual aid pensions; the special lump-sum death payments under the mutual aid pensions; and any other benefits similar to those specified in (i) to (vi), to be introduced after the entry into force of accordance with this Agreement, and as may be agreed upon between the two Parties. Click to read annotation In applying paragraph 1(a) of this Articleparagraph, the competent institutions of Japan Chilean agency shall credit, in each calendar year, three credit 3 months of periods of coverage for every quarter of coverage which certified by the United States agency. Click to read annotation When it is credited not possible to determine the time when specific periods of coverage were completed under United States laws, it shall be presumed that such periods do not coincide with periods of coverage completed under Chilean laws. Click to read annotation Members of a Pension Fund Administrator shall finance their pensions under Chilean laws with the balance accumulated in that year their individual capitalization accounts. In case such balance is insufficient to finance a pension equal to the minimum pension amount guaranteed by the State, members shall have the right to Totalization of periods of coverage in accordance with paragraph 1, in order to determine entitlement to the minimum old-age or invalidity pension. Survivors pension beneficiaries shall have the same right. Click to read annotation For purposes of determining whether the requirements of Chilean laws for an early old-age pension under the New Pension System have been fulfilled, members who have obtained a pension under United States laws shall be considered as pensioners under the pension systems administered by the Instituto de Normalización Previsional. Click to read annotation Members of the New Pension System in Chile who reside in the territory of the United States and certified who are subject to United States laws in accordance with this Agreement may also pay contributions to that System on a voluntary basis as if they were self-employed workers. Members who choose to pay voluntary contributions under this paragraph shall not be required to pay contributions for financing health care benefits under Chilean laws. Click to read annotation Contributors to the pension systems administered by the competent institution Instituto de Normalización Previsional shall also have the right to Totalization of periods of coverage in accordance with paragraph 1 in order to establish entitlement to pension benefits under the laws applicable to those systems. Click to read annotation When entitlement to a benefit under Chilean law is established in accordance with paragraph 3 or 6 of this Article, the agency of Chile shall determine a theoretical benefit amount as if all the periods of coverage completed under the laws of both Contracting States had been completed under the laws it administers, and shall calculate the benefit it must pay as the proportion of the United periods of coverage completed exclusively under the laws it administers to the total periods of coverage completed under the laws of both Contracting States. Periods of coverage Click to be credited by read annotation When the competent institutions of Japan, the unit of which is a month, shall be allocated in chronological order starting with the first month of the calendar year, except for the months that are already credited as total periods of coverage under the laws of Japan. However, both Contracting States exceed the months of periods of coverage shall be allocated in the reverse order starting with the last month of the calendar year if it is necessary to establish period established under Chilean laws for entitlement to a benefit under full pension or a minimum pension, the laws of Japan. The total number of months of periods of coverage to excess years shall be allocated under the provision disregarded for purposes of this subparagraph and the months that are already credited as periods of coverage under the laws of Japan shall not exceed twelve in a calendar yearcalculation. Click to read annotation periods Persons who are paying contributions or receiving benefits in accordance with United States laws shall be considered as currently covered by the corresponding insurance system of coverage under Chile for purposes of qualifying for benefits according to the laws that regulate the insurance systems administered by the Instituto de Normalización Previsional. For purposes of the this paragraph, a person shall be considered to be paying contributions in accordance with United States to be credited by laws if the competent institutions of Japan under subparagraph (a) shall be taken into account as both periods of coverage under Japanese pension systems for employees and periods of coverage for Category II insured persons under the National Pension. Click to read annotation (a) Where the laws of Japan require for entitlement to disability pensions or survivors’ pensions that the date of the first medical examination or of death lie within specified periods of coverage, this requirement shall be deemed to be fulfilled for the purpose of establishing entitlement to those pensions, provided that a person: person has credit for at least four quarters 1 quarter of coverage under such laws during the laws of the United States during a period of eight 8 calendar quarters ending with immediately preceding the calendar quarter in which the date of the first medical examination or death occurs; or has credit for at least six quarters of coverage under the laws of the United States during a period of thirteen calendar quarters ending with the calendar quarter in which the date of the first medical examination or death occurs. However, if entitlement to disability pensions or survivors' pensions under the National Pension is established without applying this paragraph, this paragraph shall not be applied for the purpose of establishing entitlement to disability pensions or survivors' pensions based on the same insured event under Japanese pension systems for employeesoccurs according to Chilean laws. Click to read annotation In applying subparagraph (a), Persons who receive a pension according to United States laws and who reside in the territory of Chile shall have the right to enroll in the Chilean health benefits system under the same conditions as regards a person who possesses periods of coverage under two or more Japanese pension systems for employees, the requirement referred persons receiving similar pensions according to in that subparagraph shall be deemed to be fulfilled for one of those pension systems in accordance with the laws of JapanChilean laws. Click to read annotation Where entitlement Medical examinations performed in Chile for the purpose of determining eligibility for invalidity benefits under Chilean laws shall be made available to a benefit under the laws of Japan is established by virtue of paragraph 1(a) or 3(a) of this Article, the competent institution of Japan shall calculate the amount of that benefit in accordance with the laws of Japan, subject to paragraphs 5 to 9 of this ArticleUnited States agency at its request and without charge. Click to read annotation With regard to On the Disability Basic Pension and other benefits, the amount of which is a fixed sum granted regardless of the period of coveragehand, if the requirements Chilean agency deems it necessary that medical examinations intended for receiving such benefits are fulfilled by virtue of paragraph 1(a) or 3(a) of this Articleits sole use be performed in the United States, they shall be financed in accordance with Chilean laws. When the examinations relate to workers affiliated with the New Pension System, the amount to be granted Chilean agency shall be calculated according reimburse the full cost of the examinations to the proportion of United States agency and shall charge the sum of interested person for the periods of contribution and percentage for which he or she is responsible. Nevertheless, the premium-exempted periods under Chilean agency may deduct the pension system cost for which the interested person is responsible from which such benefits will be paid to any pensions owed, or from the theoretical period of coverage referred to balance in paragraph 7 of this Articlethe person's individual capitalization account. Click to read annotation With regard to If the examinations are requested in connection with an appeal filed against a disability pensions and survivors' pensions under Japanese pension systems for employeesdecision issued in Chile, insofar as the amount cost of those pensions to these examinations shall be granted is calculated on financed in the basis of manner described in the specified period determined by the laws of Japan when the periods of coverage under those systems are less than that specified periodpreceding paragraph; however, if the requirements for receiving appeal has been filed by a Chilean agency or insurance company such pensions are fulfilled by virtue of paragraph 1(a) or 3(a) of this Article, the amount to be granted costs shall be calculated according to the proportion of the periods of coverage under Japanese pension systems for employees to the theoretical period of coverage referred to in paragraph 7 of this Article. However, when the theoretical period of coverage exceeds that specified period, the theoretical period of coverage shall be regarded as equal to that specified period. Click to read annotation For the purpose of paragraph 5 and 6 of this Article, "theoretical period of coverage" means the sum of the following periods (except that it shall not include the period after the month in which the day of recognition of disability occurs or the period beginning with the month in which the day following the day of death occurs): the period from the month in which the day of attainment of age 20 occurs through the month preceding the month in which the day of attainment of age 60 occurs, except the period before April 1, 1961; periods of contribution under the laws of Japan which do not coincide with the period referred to in subparagraph (a) of this paragraph; and periods of coverage under the laws of the United States which do not coincide with periods referred to in subparagraph (b) of this paragraph, in case the month in which the day of recognition of disability occurs or the month preceding the month in which the day following the day of death occurs is before the period referred to in subparagraph (a) of this paragraph. Click to read annotation With regard to the calculation of the amount of benefits under Japanese pension systems for employees in accordance with paragraphs 5 and 6 of this Article, if the person entitled to the benefits possesses periods of coverage under two or more such pension systems, the periods of contribution referred to in paragraph 5 of this Article or the periods of coverage referred to in paragraph 6 of this Article shall be the sum of the periods of coverage under all such pension systems. However, when the sum of the periods of coverage equals or exceeds the specified period determined financed by the laws of Japan within the meaning of paragraph 6 of this Article, the method of calculation stipulated in paragraph 6 of this Article and this paragraph shall not apply. Click to read annotation With regard to the Additional Pension for Spouses which is included in the Old-age Employees' Pension and any other benefits that may be granted as a fixed sum in cases where the period of coverage under Japanese pension systems for employees equals or exceeds the specified period determined by the laws of Japan, if the requirements for receiving such benefits are fulfilled by virtue of paragraph 1(a) of this Article, the amount to be granted shall be calculated according to the proportion of the periods of coverage under the Japanese pension system for employees from which such benefits will be paid to that specified periodappellant. Click to read annotation

Appears in 1 contract

Samples: Social Security Agreement

Provisions on Benefits. Article 5 Click to read annotation The following provisions shall apply Chapter I Provisions Applicable to the United States: Article 12 Where a person has completed at least six quarters of coverage under the laws of the United StatesStates laws, but does not have sufficient periods quarters of coverage to satisfy the requirements for entitlement to benefits under the laws of the United StatesStates laws, the competent institution agency of the United States shall take into account, for the purpose of establishing entitlement to benefits under this Article, periods of coverage which are credited under the Swedish laws of Japan on income based old-age pension and which do not coincide with periods of coverage already credited under the laws of the United StatesStates laws. Click to read annotation For the purpose of establishing entitlement to In determining eligibility for benefits under paragraph 1 of this Article, the competent institution agency of the United States shall credit, in accordance with the laws of the United States, one quarter credit four quarters of coverage for every three months of periods each creditable year of coverage which are credited under the laws of Japan and certified by the competent institutions agency of Japan. Any remainder of less than three months of periods of coverage that results from this crediting shall be taken into account as one additional quarter of coverage. HoweverSweden; however, no quarter of coverage shall be credited for any calendar quarter already credited as a quarter of coverage under the laws of the United StatesStates laws. The total number of quarters of coverage to be credited under this paragraph and the quarters of coverage already credited under the laws of the United States for a year shall not exceed four in a calendar yearfour. Click to read annotation Where entitlement to a benefit under the laws of the United States laws is established according to the provisions of paragraph 1 of this Article1, the competent institution agency of the United States shall compute a pro rata Primary Insurance Amount primary insurance amount in accordance with the laws of the United States laws based on: on (a) the person's average earnings credited exclusively under the laws of the United States laws and (b) the ratio of the duration of the person's periods of coverage completed credited under the laws of the United States laws to the duration of a coverage lifetime as determined in accordance with the laws of the United StatesStates laws. Benefits payable under the laws of the United States laws shall be based on the pro rata Primary Insurance Amountprimary insurance amount. Click to read annotation Entitlement to a benefit from the United States which results from paragraph 1 of this Article shall terminate with the acquisition of sufficient periods of coverage under the laws of the United States laws to establish entitlement to an equal or higher benefit without the need to apply invoke the provision of paragraph 1 1. Articles 4, 5 and 6 of this Article. Click to read annotation For the purpose of applying paragraphs 1 and 2 of this Article, periods of coverage credited under Agreement shall be applied by the laws of Japan shall include periods of contributions under the laws of Japan and any other periods taken into account under those laws for establishing entitlement to benefits, United States in a manner consistent with the exception of complementary periods for Japanese nationals on the basis of ordinary residence outside the territory of Japan and periods of coverage for Category III insured persons under the National Pension. Notwithstanding the preceding sentence, the competent institution section 233(c)(4) of the United States shall also credit a maximum of eleven quarters of coverage for periods of coverage for Category III insured persons, provided that the insured person has at least one month of periods of coverage for Category I insured persons or Category II insured persons, or one quarter of coverage under the laws of the United States, both before and after the periods of coverage for Category III insured persons. Click to read annotation Article 6 Click to read annotation The following provisions shall apply to Japan: (a) Where a person does not have sufficient periods of coverage to fulfill the requirements for entitlement to benefits under the laws of Japan, the competent institution of Japan shall take into account, for the purpose of establishing entitlement to benefits under this Article, periods of coverage which are credited under the laws of the United States. Click to read annotation (b) Subparagraph (a) shall not apply to the following benefits under the laws of Japan: the Disability Allowance under the Employees' Pension Insurance; the disability lump-sum payments under the mutual aid pensions; the additional pension for specified occupations under the mutual aid pensions; the lump-sum payments upon withdrawal for persons other than Japanese nationals under the Employees' Pension Insurance and the lump-sum payments upon withdrawal for persons other than Japanese nationals under the mutual aid pensions; the allowance upon withdrawal under the Employees' Pension Insurance and the lump-sum payments upon withdrawal under the mutual aid pensions; the special lump-sum death payments under the mutual aid pensions; and any other benefits similar to those specified in (i) to (vi), to be introduced after the entry into force of this Agreement, and as may be agreed upon between the two Parties. Click to read annotation In applying paragraph 1(a) of this Article, the competent institutions of Japan shall credit, in each calendar year, three months of periods of coverage for every quarter of coverage which is credited in that year under the laws of the United States and certified by the competent institution of the United States. Periods of coverage to be credited by the competent institutions of Japan, the unit of which is a month, shall be allocated in chronological order starting with the first month of the calendar year, except for the months that are already credited as periods of coverage under the laws of Japan. However, the months of periods of coverage shall be allocated in the reverse order starting with the last month of the calendar year if it is necessary to establish entitlement to a benefit under the laws of Japan. The total number of months of periods of coverage to be allocated under the provision of this subparagraph and the months that are already credited as periods of coverage under the laws of Japan shall not exceed twelve in a calendar year. Click to read annotation periods of coverage under the laws of the United States to be credited by the competent institutions of Japan under subparagraph (a) shall be taken into account as both periods of coverage under Japanese pension systems for employees and periods of coverage for Category II insured persons under the National Pension. Click to read annotation (a) Where the laws of Japan require for entitlement to disability pensions or survivors’ pensions that the date of the first medical examination or of death lie within specified periods of coverage, this requirement shall be deemed to be fulfilled for the purpose of establishing entitlement to those pensions, provided that a person: has credit for at least four quarters of coverage under the laws of the United States during a period of eight calendar quarters ending with the calendar quarter in which the date of the first medical examination or death occurs; or has credit for at least six quarters of coverage under the laws of the United States during a period of thirteen calendar quarters ending with the calendar quarter in which the date of the first medical examination or death occurs. However, if entitlement to disability pensions or survivors' pensions under the National Pension is established without applying this paragraph, this paragraph shall not be applied for the purpose of establishing entitlement to disability pensions or survivors' pensions based on the same insured event under Japanese pension systems for employees. Click to read annotation In applying subparagraph (a), as regards a person who possesses periods of coverage under two or more Japanese pension systems for employees, the requirement referred to in that subparagraph shall be deemed to be fulfilled for one of those pension systems in accordance with the laws of Japan. Click to read annotation Where entitlement to a benefit under the laws of Japan is established by virtue of paragraph 1(a) or 3(a) of this Article, the competent institution of Japan shall calculate the amount of that benefit in accordance with the laws of Japan, subject to paragraphs 5 to 9 of this Article. Click to read annotation With regard to the Disability Basic Pension and other benefits, the amount of which is a fixed sum granted regardless of the period of coverage, if the requirements for receiving such benefits are fulfilled by virtue of paragraph 1(a) or 3(a) of this Article, the amount to be granted shall be calculated according to the proportion of the sum of the periods of contribution and the premium-exempted periods under the pension system from which such benefits will be paid to the theoretical period of coverage referred to in paragraph 7 of this Article. Click to read annotation With regard to disability pensions and survivors' pensions under Japanese pension systems for employees, insofar as the amount of those pensions to be granted is calculated on the basis of the specified period determined by the laws of Japan when the periods of coverage under those systems are less than that specified period, if the requirements for receiving such pensions are fulfilled by virtue of paragraph 1(a) or 3(a) of this Article, the amount to be granted shall be calculated according to the proportion of the periods of coverage under Japanese pension systems for employees to the theoretical period of coverage referred to in paragraph 7 of this Article. However, when the theoretical period of coverage exceeds that specified period, the theoretical period of coverage shall be regarded as equal to that specified period. Click to read annotation For the purpose of paragraph 5 and 6 of this Article, "theoretical period of coverage" means the sum of the following periods (except that it shall not include the period after the month in which the day of recognition of disability occurs or the period beginning with the month in which the day following the day of death occurs): the period from the month in which the day of attainment of age 20 occurs through the month preceding the month in which the day of attainment of age 60 occurs, except the period before April 1, 1961; periods of contribution under the laws of Japan which do not coincide with the period referred to in subparagraph (a) of this paragraph; and periods of coverage under the laws of the United States which do not coincide with periods referred to in subparagraph (b) of this paragraph, in case the month in which the day of recognition of disability occurs or the month preceding the month in which the day following the day of death occurs is before the period referred to in subparagraph (a) of this paragraph. Click to read annotation With regard to the calculation of the amount of benefits under Japanese pension systems for employees in accordance with paragraphs 5 and 6 of this Article, if the person entitled to the benefits possesses periods of coverage under two or more such pension systems, the periods of contribution referred to in paragraph 5 of this Article or the periods of coverage referred to in paragraph 6 of this Article shall be the sum of the periods of coverage under all such pension systems. However, when the sum of the periods of coverage equals or exceeds the specified period determined by the laws of Japan within the meaning of paragraph 6 of this Article, the method of calculation stipulated in paragraph 6 of this Article and this paragraph shall not apply. Click to read annotation With regard to the Additional Pension for Spouses which is included in the Old-age Employees' Pension and any other benefits that may be granted as a fixed sum in cases where the period of coverage under Japanese pension systems for employees equals or exceeds the specified period determined by the laws of Japan, if the requirements for receiving such benefits are fulfilled by virtue of paragraph 1(a) of this Article, the amount to be granted shall be calculated according to the proportion of the periods of coverage under the Japanese pension system for employees from which such benefits will be paid to that specified period. Click to read annotationSocial Security Act.

Appears in 1 contract

Samples: u.s. Swedish Social Security Agreement

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Provisions on Benefits. Article 5 Click to read annotation 6 The following provisions shall apply to the United States: Where a person has completed at least six quarters of coverage under the laws of the United StatesStates laws, but does not have sufficient periods of coverage to satisfy the requirements for entitlement to benefits under the laws of the United StatesStates laws, the competent institution agency of the United States shall take into account, for the purpose of establishing entitlement to benefits under this Article, periods of coverage which are credited completed under the Irish laws of Japan and which do not coincide with periods of coverage already credited under United States laws. In applying paragraph 1, the laws agency of the United StatesStates shall only take into account periods of coverage which are used for benefit entitlement purposes under Irish laws. Click to read annotation For the purpose of establishing entitlement to In determining eligibility for benefits under paragraph 1 of this Article, the competent institution agency of the United States shall credit, in accordance with the laws of the United States, credit one quarter of coverage for every three months thirteen contribution weeks of periods of coverage which are credited under the laws of Japan and coverage, or fraction thereof, certified by the competent institutions agency of Japan. Any remainder of less than three months of periods of coverage that results from this crediting shall be taken into account as one additional quarter of coverage. HoweverIreland; however, no quarter of coverage shall be credited for any calendar quarter already credited as a quarter of coverage under the laws of the United StatesStates laws. The total number of quarters of coverage to be credited under this paragraph and the quarters of coverage already credited under the laws of the United States for a year shall not exceed four in a calendar yearfour. Click to read annotation Where entitlement to a benefit under the laws of the United States laws is established according to the provisions of paragraph 1 of this Article1, the competent institution agency of the United States shall compute a pro rata Primary Insurance Amount in accordance with the laws of the United States laws based on: on (a) the person's average earnings credited exclusively under the laws of the United States laws and (b) the ratio of the duration of the person's periods of coverage completed under the laws of the United States laws to the duration of a coverage lifetime as determined in accordance with the laws of the United StatesStates laws. Benefits payable under the laws of the United States laws shall be based on the pro rata Primary Insurance Amount. Click to read annotation Entitlement to a benefit from the United States which results from paragraph 1 of this Article shall terminate with the acquisition of sufficient periods of coverage under the laws of the United States laws to establish entitlement to an equal or higher benefit without the need to apply invoke the provision of paragraph 1 of this Article. Click . Article 7 The following provisions shall apply to read annotation For Ireland: Where a person has completed at least fifty-two contribution weeks of coverage under Irish laws but does not have sufficient periods of coverage to satisfy the contribution conditions for entitlement to benefits under these laws, the agency of Ireland shall, subject to paragraph 4, take into account for the purpose of applying establishing entitlement to benefit under this Article periods of coverage completed under United States laws and shall totalise such periods with periods of coverage completed under Irish laws. The agency of Ireland shall determine entitlement to benefit on the basis of the totalised periods in accordance with the relevant statutory contribution conditions provided for under Irish laws. The agency of Ireland shall calculate the amount of Irish benefit payable, other than death grant and orphans contributory allowance, in accordance with the following formula: the amount of the theoretical benefit which would be payable if all the periods of coverage completed under the laws of both Contracting States had been completed under its own laws shall be calculated; and the proportion of such theoretical benefit which bears the same relation to the whole as the total of the periods of coverage completed by such person under Irish laws bears to the total of all periods of coverage which the person has completed under the laws of both Contracting States shall then be calculated. The proportionate amount thus calculated shall be the rate of benefit actually payable to that person by the agency of Ireland. In the case of death grant and orphans (contributory) pension, the amount of benefit payable shall be determined in accordance with the relevant statutory contribution conditions under Irish laws. For purposes of the application of paragraphs 1 and 2 of this Article, periods where a period of coverage credited completed under the Irish laws of Japan shall include periods of contributions under the laws of Japan and any other periods taken into account under those laws for establishing entitlement to benefits, coincides with the exception of complementary periods for Japanese nationals on the basis of ordinary residence outside the territory of Japan and periods of coverage for Category III insured persons under the National Pension. Notwithstanding the preceding sentence, the competent institution of the United States shall also credit a maximum of eleven quarters of coverage for periods of coverage for Category III insured persons, provided that the insured person has at least one month of periods of coverage for Category I insured persons or Category II insured persons, or one quarter period of coverage under United States laws, only the laws of the United States, both before and after the periods period of coverage for Category III insured personsunder Irish laws shall be taken into account. Click to read annotation Article 6 Click to read annotation The following provisions shall apply to Japan: (a) Where For the purposes of determining the eligibility of a person does not have sufficient periods of coverage to fulfill the requirements for entitlement to benefits a benefit under the laws of Japan, the competent institution of Japan shall take into account, for the purpose of establishing entitlement to benefits under this Article, periods of coverage which are credited under the laws of the United States. Click to read annotation (b) Subparagraph (a) shall not apply to the following benefits under the laws of Japan: the Disability Allowance under the Employees' Pension Insurance; the disability lump-sum payments under the mutual aid pensions; the additional pension for specified occupations under the mutual aid pensions; the lump-sum payments upon withdrawal for persons other than Japanese nationals under the Employees' Pension Insurance and the lump-sum payments upon withdrawal for persons other than Japanese nationals under the mutual aid pensions; the allowance upon withdrawal under the Employees' Pension Insurance and the lump-sum payments upon withdrawal under the mutual aid pensions; the special lump-sum death payments under the mutual aid pensions; and any other benefits similar to those specified in (i) to (vi), to be introduced after the entry into force of this Agreement, and as may be agreed upon between the two Parties. Click to read annotation In applying paragraph 1(a) 1 of this Article, the competent institutions of Japan shall credit, in each calendar year, three months of periods of coverage for every quarter of coverage which is credited in that year completed by the person under the laws of the United States and certified by the competent institution of the United States. Periods of coverage to be credited by the competent institutions of Japan, the unit of which is a month, laws in any contribution year shall be allocated in chronological order starting with regarded as being the first month equivalent of the calendar year, except for the months that are already credited as periods thirteen contribution weeks of coverage under the laws of Japan. However, the months of periods of coverage shall be allocated in the reverse order starting with the last month of the calendar year if it is necessary to establish entitlement to a benefit under the laws of Japancoverage. The total number of months of periods contribution weeks of coverage to be allocated under the provision of this subparagraph and the months that are already credited as periods of coverage under the laws of Japan in any one contribution year shall not exceed twelve fifty-two. A period of continuous incapacity for work in a calendar year. Click to read annotation periods of coverage under accordance with Irish laws which occurs while the laws of person is resident in the United States to be credited by the competent institutions of Japan under subparagraph (a) shall be taken into account as both periods of coverage under Japanese pension systems for employees and periods of coverage for Category II insured persons under the National Pension. Click to read annotation (a) Where the laws of Japan require for entitlement to disability pensions or survivors’ pensions that the date of the first medical examination or of death lie within specified periods of coverage, this requirement shall be deemed to be fulfilled a continuous period of incapacity for work under Irish laws for the purpose of establishing entitlement to those pensions, provided that a person: has credit for at least four quarters of coverage under the laws of the United States during a period of eight calendar quarters ending with the calendar quarter in which the date of the first medical examination or death occurs; or has credit for at least six quarters of coverage under the laws of the United States during a period of thirteen calendar quarters ending with the calendar quarter in which the date of the first medical examination or death occurs. However, determining if entitlement to disability pensions or survivors' pensions under the National Pension is established without applying this paragraph, this paragraph shall not be applied for the purpose of establishing entitlement to disability pensions or survivors' pensions based on the same insured event under Japanese pension systems for employees. Click to read annotation In applying subparagraph (a), as regards a person who possesses periods is permanently incapable of coverage under two or more Japanese pension systems for employees, the requirement referred to in that subparagraph shall be deemed to be fulfilled for one of those pension systems in accordance with the laws of Japan. Click to read annotation Where entitlement to a benefit under the laws of Japan is established by virtue of paragraph 1(a) or 3(a) of this Article, the competent institution of Japan shall calculate the amount of that benefit in accordance with the laws of Japan, subject to paragraphs 5 to 9 of this Article. Click to read annotation With regard to the Disability Basic Pension and other benefits, the amount of which is a fixed sum granted regardless of the period of coverage, if the requirements for receiving such benefits are fulfilled by virtue of paragraph 1(a) or 3(a) of this Article, the amount to be granted shall be calculated according to the proportion of the sum of the periods of contribution and the premium-exempted periods under the pension system from which such benefits will be paid to the theoretical period of coverage referred to in paragraph 7 of this Article. Click to read annotation With regard to disability pensions and survivors' pensions under Japanese pension systems for employees, insofar as the amount of those pensions to be granted is calculated on the basis of the specified period determined by the laws of Japan when the periods of coverage under those systems are less than that specified period, if the requirements for receiving such pensions are fulfilled by virtue of paragraph 1(a) or 3(a) of this Article, the amount to be granted shall be calculated according to the proportion of the periods of coverage under Japanese pension systems for employees to the theoretical period of coverage referred to in paragraph 7 of this Article. However, when the theoretical period of coverage exceeds that specified period, the theoretical period of coverage shall be regarded as equal to that specified period. Click to read annotation For the purpose of paragraph 5 and 6 of this Article, "theoretical period of coverage" means the sum of the following periods (except that it shall not include the period after the month in which the day of recognition of disability occurs or the period beginning with the month in which the day following the day of death occurs): the period from the month in which the day of attainment of age 20 occurs through the month preceding the month in which the day of attainment of age 60 occurs, except the period before April 1, 1961; periods of contribution under the laws of Japan which do not coincide with the period referred to in subparagraph (a) of this paragraph; and periods of coverage under the laws of the United States which do not coincide with periods referred to in subparagraph (b) of this paragraph, in case the month in which the day of recognition of disability occurs or the month preceding the month in which the day following the day of death occurs is before the period referred to in subparagraph (a) of this paragraph. Click to read annotation With regard to the calculation of the amount of benefits under Japanese pension systems for employees in accordance with paragraphs 5 and 6 of this Article, if the person entitled to the benefits possesses periods of coverage under two or more such pension systems, the periods of contribution referred to in paragraph 5 of this Article or the periods of coverage referred to in paragraph 6 of this Article shall be the sum of the periods of coverage under all such pension systems. However, when the sum of the periods of coverage equals or exceeds the specified period determined by the laws of Japan within the meaning of paragraph 6 of this Article, the method of calculation stipulated in paragraph 6 of this Article and this paragraph shall not apply. Click to read annotation With regard to the Additional Pension for Spouses which is included in the Old-age Employees' Pension and any other benefits that may be granted as a fixed sum in cases where the period of coverage under Japanese pension systems for employees equals or exceeds the specified period determined by the laws of Japan, if the requirements for receiving such benefits are fulfilled by virtue of paragraph 1(a) of this Article, the amount to be granted shall be calculated according to the proportion of the periods of coverage under the Japanese pension system for employees from which such benefits will be paid to that specified period. Click to read annotationwork.

Appears in 1 contract

Samples: u.s. Irish Social Security Agreement

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