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Treaty Series Recueil des Traites - United Nations Treaty Collection

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106 <strong>United</strong> <strong>Nations</strong> - <strong>Treaty</strong> <strong>Series</strong> 1969<br />

is due to residence abroad, and before determination of those benefits if it<br />

is due to other causes.<br />

(8) During such time as a children's supplement to a pension (or annuity)<br />

of an insured person would be payable under the legislation of both Contracting<br />

States to a person normally resident in the territory of one of the Contracting<br />

States, the children's supplement under the legislation of the other<br />

Contracting State shall be suspended. During such time as a children's<br />

supplement to a pension (or annuity) of an insured person would be payable<br />

under the legislation of both Contracting States to a person resident outside<br />

the territory of the Contracting States, the children's supplement payable<br />

under the legislation under which the shorter contribution time has been<br />

completed shall be suspended. Where a claim to a children's supplement<br />

exists only under the legislation of one of the Contracting States because the<br />

conditions for the granting of a pension (or annuity) or of a children's supplement<br />

under the legislation of the other Contracting State are not met, even<br />

where article 26, paragraph (1), is taken into account, the insurance authority<br />

shall pay only half the amount of the children's supplement if the conditions<br />

for entitlement are met only when article 26, paragraph (1), is taken into<br />

account.<br />

Article 28<br />

The following provisions shall apply to the Austrian insurance authority:<br />

1. In so far as under Austrian legislation an insurance relationship<br />

or gainful employment has legal effects on the acquisition or continuance<br />

of entitlement to a pension, the same effects shall also be attributed to<br />

similar circumstances in the territory of the Federal Republic of Germany.<br />

2. For the purpose of determining the insurance authority competent<br />

to provide a benefit under the Austrian pensions insurance scheme Leistungszugeharigkeit<br />

und Leistungszustdndigkeit), German insurance periods shall<br />

be taken into account in the same way as Austrian insurance periods; the<br />

German annuities insurance for manual workers (Rentenversicherung der<br />

Arbeiter) shall correspond to the Austrian pensions insurance for manual<br />

workers (Pensionsversicherung der Arbeiter), the German annuities insurance<br />

for salaried workers (Rentenversicherung der Angestellten) to the Austrian<br />

pensions insurance for salaried workers (Pensionsversicherung der A ngestellten),<br />

and the German annuities insurance for miners (knappschaftliche<br />

Rentenversicherung) to the Austrian pensions insurance for miners (knappschaftliche<br />

Pensionsversicherung). Periods during which an annuity was<br />

No. 10090

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