The Family Allowances, National Insurance and Industrial Injuries (Germany) Order 1961

• (2) The pensions to which the provisions of paragraph (1) of this Article shall apply are pensions which can be shown to have been already determined or claimed and which were not paid or determined as a result of the measures referred to in sub-paragraph (2) of paragraph (1) of Article 1 of Bizonal Economic Council Ordinance Number 119 of the 22nd August, 1949, Concerning Social Insurance Benefits for Victims of National Socialism (hereinafter referred to as the Persecuted Persons Ordinance).

• (3) The provisions of paragraph (1) of this Article shall apply also to benefits paid in accordance with Section 9 of the Law of the 7th August 1953, concerning foreign pensions and pensions abroad.

• (4) If there is no other German social security authority competent for the payment, in accordance with the provisions of paragraph (1) of this Article, of arrears, which are to be paid from the pensions insurance for manual workers for the period before the 1st April, 1952, then the Land Insurance Institute of the Free Hansa City of Hamburg shall be competent.

Article 3

Arrears of pension for the period before the 8th May, 1945, shall be paid in accordance with the provisions of Article 2 to persons who are ordinarily resident in the United Kingdom if they can show—

• (a) that they are persecuted persons within the meaning of Section 1 of the Federal Compensation Law of the 29th June, 1956, or

• (b) that they were already resident in the United Kingdom before the 1st September, 1939, and this residence was then recognised by the appropriate German authorities as not voluntary. In such cases, residence abroad for the period after the 31st August, 1939, shall also be regarded as not voluntary.

Article 4

If persecuted persons within the meaning of Section I of the Federal Compensation Law have become incapacitated for work or unable to follow their normal occcupation or have died, as a result of the measures referred to in sub-paragraph 2 of paragraph 1 of Article 1 of the Persecuted Persons Ordinance, pensions will be paid in accordance with Article 2 from the end of the month in which the insurance contingency occurred, provided that the beneficiary is ordinarily resident in the United Kingdom and the claim is made before the expiry of one year after the coming into force of the Convention.

Article 5

• (1) Claims for the payment of arrears of pension in accordance with the provisions of Articles 2, 3 and 4 of the present Protocol shall be made to the appropriate social security authority. If the claimant does not know which is the appropriate social security authority, his claim shall be made, in relation to pensions insurance for salaried employees, to the Federal Insurance Institute for salaried employees, Berlin ; in relation to pensions insurance for manual workers, to the Land Insurance Institute of the Free Hansa City of Hamburg ; in relation to pensions insurance for miners, to the Ruhr Miners Scheme at Bochum; in relation to accident insurance, to the Federation of Accident Insurance Societies, Bonn. These authorities shall transmit the claim, if necessary, to the appropriate social security authority.

• (2) Where a claim is made in accordance with the provisions of paragraph (1) of this Article within twelve months of the date of the entry into force of the Convention, it shall not be rejected on the ground that it is late or time-barred. Any claim which was made before the date of the entry into force of the Convention to a social security authority of the United Kingdom shall be treated as if it had been made to a German social security authority within the same period. The social security authority to which the claim was submitted in the United Kingdom shall transmit it to the appropriate German social security authority.

Article 6

In so far as any pensions are payable for any period before the 1st July, 1948, they shall be paid at the rate of 1 Deutsche Mark to 10 Reichsmark.

Article 7

The competent authorities shall settle in an agreement the measures necessary for making these payments.

PART III — TRANSITIONAL AND FINAL PROVISIONS

Article 8

• (1) In determining the pensions to which the German legislation in force until the 1st January, 1957, is to be applied, the German social security authorities shall proceed as follows:

• (a) In deciding whether insurance rights are maintained, contribution periods and equivalent periods completed under the legislation of the United Kingdom shall be treated as equal to the contribution periods and equivalent periods completed under German legislation.

• (b) For the purpose of the half coverage role, the date of first entry into insurance shall be the date of first entry into insurance under German legislation or under the legislation of the United Kingdom, whichever is the earlier.

• (c) For the purpose of determining the increment payable in accordance with German legislation, contribution periods which have been completed under the legislation of the United Kingdom shall be taken into account. The increment for these periods shall be calculated on the basis of the average amount which is attributable to the contribution periods and equivalent periods completed under German legislation.

• (2) For the purpose of determining whether a pension is payable in accordance with the legislation concerning the composition and calculation of pensions in force before the 1st January, 1957, contributions which have been or are paid after the 31st December, 1956, under the legislation of the United Kingdom, shall be treated as contributions which have been or are paid after this date in accordance with German legislation.

• (3) For the purpose of applying the provisions of paragraphs (1) and (2) of this Article, the German social security authorities shall take into account contribution periods and equivalent periods completed under the legislation of the United Kingdom—

• (a) in pensions insurance for miners, if the provisions of paragraph (2) of Article 21 of the Convention apply to the periods ;

• (b) in pensions insurance for manual workers or in pensions insurance for salaried employees, whichever would have been appropriate if the person concerned had been employed in the territory of the Federal Republic in the occupation in which he was last employed in the territory of the United Kingdom.

• (4) For the purpose of applying the provisions of sub-paragraph (b) of paragraph (3) of this Article, the following shall apply:

• (a) If the occupation last followed in the United Kingdom would not have been compulsorily insurable under German legislation, the contribution periods and equivalent periods shall be taken into account in pensions insurance for salaried employees. If the occupation last followed in the United Kingdom would not have been compulsorily insurable under German legislation because it was temporary, the contribution periods and equivalent periods shall be taken into account in pensions insurance for manual workers, if this would have been appropriate to the nature of the occupation had it not been temporary.

• (b) If the nature of the occupation last followed in the United Kingdom cannot be determined, the contribution periods and equivalent periods shall be taken into account in pensions insurance for manual workers.

Article 9

The present Protocol shall, enter into force on the day on which the said Convention enters into force and shall remain in force for the same period as the Convention, of which it shall form an integral part.

In witness whereof the undersigned Plenipotentiaries have signed the present Protocol.

Done in duplicate at Bonn this twentieth day of April, 1960, in the English and German languages, both texts being equally authoritative.

For the United Kingdom of Great Britain and Northern Ireland:

Signed

W. G. Agnew.

Editorial notes

Explanatory note

(This note is not part of the Order, but is intended to indicate its general purport.)