Treaty Series Recueil des Traites - United Nations Treaty Collection

102 United Nations - Treaty Series 1969
that Contracting State shall pay no pension (or annuity), and the insurance
authority of the other Contracting State shall pay the pension (or annuity)
calculated without the application of article 27, paragraph (4). This provision
shall not, however, apply where entitlement to a pension (or annuity) exists
under the legislation of the first-mentioned Contracting State without the
application of paragraph (1) above.
(5) Contributions for continued insurance may not be paid in respect
of the same period of time under the insurance schemes of both Contracting
States.
Article 27
(1) Where an insured person who satisfies the conditions laid down
in article 26, paragraph (1), or his survivors claim a pension (or annuity),
the competent insurance authority of each Contracting State shall ascertain
in accordance with the legislation to which it is subject whether the person
concerned is entitled to the pension (or annuity), taking into account the
aggregation of insurance periods referred to in article 26, paragraph (1).
(2) Where
(a) Entitlement to a pension (or annuity) exists under the legislation of
both Contracting States, whether or not article 26, paragraph (1), is
taken into account, or
(b) Entitlement to a pension (or annuity) exists under the legislation of one
of the Contracting States only if article 26, paragraph (1), is taken into
account but no entitlement to a pension (or annuity) exists under the
legislation of the other Contracting State even when article 26, paragraph
(1), is taken into account.
the following paragraphs shall apply in the calculation of the said pension
(or annuity).
(3) The competent insurance authority of each of the Contracting States
shall first calculate the amount of the pension (or annuity) which would
have been payable to the person concerned under the national legislation to
be applied by that insurance authority, without taking into account contributions
under the supplementary insurance scheme (Hdherversicherung)
and a children's supplement (Kinderzuschuss) to the pension (or annuity)
of an insured person, if all the insurance periods which are to be taken into
account in calculating the pension (or annuity) under the legislation of the
other Contracting State had also been insurance periods which were to be
taken into account in calculating the pension (or annuity) under the national
legislation to be applied by the said insurance authority.
No. 10090