Treaty Series Recueil des Traites - United Nations Treaty Collection

108 United Nations - Treaty Series 1969
received on the ground of the insurance contingency of old age or invalidity
under German legislation shall be taken into account in the insurance scheme
under which the benefit (total benefit) was granted. For the purpose of
determining the insurance authority competent to provide a benefit under
the pensions insurance scheme for manual workers, the employment to be
taken into account shall be the relevant employment on which the insurance
under German legislation was based; where the kind of employment followed
during a specified period can no longer be established, the periods based
on the said employment shall be taken into account as if they had been
completed under an insurance scheme for which the Austrian Manual
Workers' Pensions Insurance Institute (Pensionsversicherungsanstalt der
Arbeiter) would have been competent.
3. Periods of a similar nature completed in the territory of the Federal
Republic of Germany shall be deemed to be neutral periods within the meaning
of Austrian legislation.
4. For the purpose of calculating the total benefits under article 27,
paragraph (3), the German insurance periods wich are to be taken into
account in calculating the German benefit shall be taken into account
without the application of the Austrian legislation concerning the taking
into account of insurance periods.
5. For the purpose of determining the extent to which the insurance
periods prior to 1 January 1939 which are to be taken into account in calculating
a pension should be reduced by other insurance periods and by periods
of self-employment, insurance periods to be taken into account under German
legislation and periods of self-employment completed in the territory
of the Federal Republic of Germany shall be treated as equivalent to the
aforementioned other insurance periods and periods of self-employment.
6. Where the number of insurance months taken into account for the
purpose of calculating Austrian pension increments is subject to a maximum,
the ratio referred to in article 27, paragraph (4), shall be determined on
the basis of all the insurance periods to be taken into account by both Contracting
States, irrespective of such maximum.
7. For the purpose of the application of article 27, paragraph (3),
contributions paid, or regarded as having been paid, for the acquisition of
equivalent periods under the Austrian pensions insurance scheme shall not
be deemed to be contributions to the supplementary insurance scheme.
8. Where, under Austrian legislation, the granting of benefits under
the pensions insurance scheme for miners depends upon the completion of
miners' insurance periods, insurance periods which, pursuant to German
legislation, are to be taken into account under the annuities insurance
No. 10090