Treaty Series Recueil des Traites - United Nations Treaty Collection

112 United Nations - Treaty Series 1969
ance scheme which, for the purpose of granting benefits, corresponds under
Austrian legislation to the pensions insurance scheme responsible for payment.
(b) Where, at the time the benefits are determined by the German
insurance authority, the pensions insurance scheme responsible for payment
has not yet been determined, the Austrian insurance periods to be taken
into account under article 26, paragraph (1), shall initially be taken into
account in that branch of the annuities insurance scheme which corresponds
to the pensions insurance scheme that would be responsible for the payment
if the statutory date under Austrian legislation coincided with the date of
occurrence of the insurance contingency under German legislation.
3. For the purpose of calculating intervals in respect of which no
lump-sum payment is made and for the purpose of adding a supplementary
period, admission to the German insurance scheme and payment of German
compulsory contributions shall be equivalent to their counterparts under
Austrian legislation. For the purpose of calculating the number of calendar
months from admission to the insurance scheme until the onset of the insurance
contingency, periods during which an Austrian pension is drawn which
are part of this period shall not be taken into account, provided that the
Austrian pension does not correspond to the miners' annuity under German
legislation.
4. The liability of the German miners' annuities insurance scheme, as
laid down in German legislation, for the addition of a supplementary period
shall not be affected by the provisions of paragraph 3 above.
5. For the purpose of refunding contributions, as provided for in German
legislation, admission to the insurance scheme, cessation of the obligation
to participate in an insurance scheme and contribution periods under German
legislation shall be equivalent to their counterparts under Austrian legislation.
6. Where, under German legislation, one of the conditions for entitlement
is that the person concerned is employed as a hewer under ground
or engaged in similar work or in an underground occupation, the German
insurance authorities shall also take into account employment as a hewer
under ground or similar work, or an underground occupation, if the miners'
pensions insurance scheme is responsible for payment in respect of the insurance
periods during which the work was done.
7. As regards cessation of the miners' compensation benefit, Austrian
mining enterprises shall be treated in the same way as German mining enterprises.
No. 10090