Treaty Series Recueil des Traites - United Nations Treaty Collection

156 United Nations - Treaty Series 1969
(b) Where an insurance authority of one of the Contracting States
has withdrawn or reduced an annuity which was payable in
respect of periods prior to the date of the entry into force of the
Convention or has refused to pay an annuity in respect of such
periods on the ground that the industrial accident (or occupational
disease) or the insurance periods concerned was (were)
assigned to an insurance authority of the other Contracting State
under the Convention concerning Social Insurance referred to in
article 53 of the Convention or under the statutory arrangement
made pursuant to letter No. V, 1 annexed to the Financial and
Compensation Treaty referred to in article 53 of the Convention,
the insurance authority of the first-mentioned Contracting State
shall render a new decision in respect of the period beginning not
earlier than 1 January 1953. In rendering its decision it shall not
take
(aa) Articles 23 and 24 of the First Convention referred to in
article 53 of the Convention,
(bb) Part III of the Second Convention referred to in article 53
of the Convention or
(cc) The statutory arrangement made pursuant to letter No. V, 1
annexed to the Financial and Compensation Treaty referred
to in article 53 of the Convention
into consideration for the purpose of determining and paying
the annuity. The preceding sentences shall not apply in cases
where a German insurance authority revises an annuity the payment
of which was refused, provided that the conditions prescribed
in subparagraph (b), 2 (b) and 2 (c), above are met.
(c) In the cases referred to in subparagraph (b), 3 (a) and 3 (b), above,
a decision shall be rendered on request. A decision Proprio motu
shall not be precluded. The insurance authority competent to
render the decision shall take into account benefits granted by
an insurance authority of the other Contracting State in respect
of the same industrial accident (or occupational disease) or the
same insurance periods for the same period. Where the benefits
granted by the latter insurance authority were based only partly
on insurance periods that had also been taken into account by
the insurance authority competent to render the decision, they
shall be taken into account proportionately to the ratio of the
above-mentioned periods to the aggregate of all periods on which
the benefits granted by the insurance authority of the other
Contracting State are based.
4. Benefits granted by a German accident insurance authority or annuities
insurance authority for periods prior to or following the entry
into force of the Convention in respect of industrial accidents (or
No. 10090