Treaty Series Recueil des Traites - United Nations Treaty Collection

114 United Nations - Treaty Series 1969
8. Article 27, paragraphs (3) and (4), shall apply to the calculation of
annuities only if :
(a) The legislation in force prior to 1 January 1957 concerning the calculation
of the annuity is to be applied, or
(b) Orphans' benefits are involved.
Article 26, paragraph (4), shall not be affected.
9. Where, pursuant to the foregoing paragraph 8, article 27, paragraphs
(3) and (4), do not apply to the calculation of the annuity, half of the partial
benefit corresponding to the supplementary period shall be granted where
the conditions for entitlement to benefits are met only when article 26,
paragraph (1), is taken into account.
10. Where, in addition to an annuity under the German annuities
insurance scheme, calculated independently of article 27, a person also
receives a pension under the Austrian pensions insurance scheme, the
pension shall be taken into account at half of its value in determining the
relevant total amount for the purpose of applying the German legislation
relating to cases in which a person receives both an annuity under the
annuities insurance scheme and an annuity under the accident insurance
scheme.
11. Where the obligation to participate in an insurance scheme depends
on the fact that fewer than a specified number of contributions have been
paid, the contribution periods to be taken into account under Austrian
legislation shall be taken into account for the purpose of deciding whether
there is an obligation to participate in an insurance scheme.
Article 30
(1) Where entitlement to a benefit exists under the legislation of one
of the Contracting States irrespective of the provisions of article 26, paragraph
(1), the insurance authority of that Contracting State shall not apply
article 27, paragraphs (3) and (4), so long as no entitlement to benefits exists
under the legislation of the other Contracting State even when article 26,
paragraph (1), is taken into account.
(2) In the cases specified in paragraph (1) above and in article 27,
paragraph (2) (b), the benefits already determined shall be revised in accordance
with the provisions of article 27, paragraphs (3) and (4), when an
entitlement to benefits arises under the legislation of the other Contracting
State through the aggregation of the periods in accordance with article 26,
paragraph (1). The benefit granted by the insurance authority of one
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