Treaty Series Recueil des Traites - United Nations Treaty Collection

154 United Nations - Treaty Series 1969
(b) 31 December 1952 shall be deemed to be the date on which the
conditions prescribed in article 23, 2 (b), (aa), of the First Convention
referred to in article 53 of the Convention must be met.
2. (a) For the purpose of applying German legislation concerning
annuities accruing from third parties, the Convention shall
not be deemed to be a convention within the meaning of the
said legislation. The provisions of 3 (c), third and fourth sentences,
below shall apply mutatis mutandis.
(b) Sub-paragraph (b), 2 (a), above shall not apply to industrial
accidents (or occupational diseases) which occurred
(aa) Before 1 January 1939 or after 10 April 1945 in the territory
of the Republic of Austria, or
(bb) Between 31 December 1938 and 11 April 1945 in the territory
of the Republic of Austria, provided that the injured or
sick person meets the conditions prescribed in article 24,
paragraph (2), of the First Convention referred to in article 53
of the Convention.
An industrial accident (or occupational disease) which occurred
outside the territory of the Republic of Austria in connexion with
employment in that territory shall also be deemed to be an industrial
accident (or occupational disease) for the purposes of this
provision.
(c) Sub-paragraph (b), 2 (a), above shall also be inapplicable in respect
of insurance periods which were completed
(aa) Before 1 January 1939 or after 10 April 1945 in the territory
of the Republic of Austria, or
(bb) During the period 31 December 1938 to 11 April 1945 in the
territory of the Republic of Austria by insured persons who
meet the conditions prescribed in article 24, paragraph (2),
of the First Convention referred to in article 53 of the Convention.
(d) The assignment of insurance liability specified in article 24 of the
First Convention referred to in article 53 of the Convention shall
not affect the obligations of German insurance authorities under
German national legislation to provide benefits in respect of
insurance periods completed in accordance with earlier legislation
relating to disability insurance or salaried workers' insurance
under the law of the Reich or German miners' annuities insmance
(or pensions insurance) by persons who do not meet the conditions
prescribed in article 24, paragraph (2), of the First Convention
referred to in article 53 of the Convention.
3. (a) Where a previous decision in respect of periods prior to the date
of the entry into force of the Convention is at variance with
subparagraph (b), 1 (b), above, a new decision shall be rendered.
No. 10090