Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Germany (Ratification: 1971)

1. The Committee takes note of the information supplied by the Government in its report, particularly with regard to the implementation of the law of 11 July 1985 on the reorganisation of survivors' pensions and the recognition of the periods for children's education in the pension insurance scheme, in respect of Part IV of the Convention.

2. With regard to Part V (Standards to be complied with by periodical payments), in relation to Parts II (Articles 10 and 11), III (Articles 17 and 18) and IV (Articles 23 and 24), the Committee notes the statistical information supplied by the Government concerning the level of benefits, in reply to its previous comments. These statistics show that the amount of the invalidity, old-age and survivors' benefits paid to a standard beneficiary would correspond to the level prescribed by the Convention if the personal basis of assessment for pension purposes - which, according to the report, was 32,376 marks for a skilled worker in 1988 - is considered to be "previous earnings" as laid down in Article 26 of the Convention, and taking into account, for the calculation of invalidity and survivors' benefits, the flexibility clauses provided by Article 11, paragraph 5, and Article 24, paragraph 5, of the Convention.

The Committee also takes note of a report on pension adjustments in 1988 from the federal Government to the Council of States, which contains a table (page 77 of the report) concerning developments between 1957 and 1988 in certain factors, including, in particular, the average gross earnings of insured persons, the general basis of assessment for pension purposes and the rate of pensions. It has noted, in particular, that according to the statistics shown in this table, the gross amount of pensions after 45 years of insurance represents 51 per cent of the gross amount of earnings (1988 estimate). It infers from these statistics that an old-age pension, calculated on the basis of a period of 30 years of insurance, in conformity with Article 18, paragraph 1(a), of the Convention, would be equal to 34 per cent of these earnings, whereas, according to the table in the Appendix to Part V of the Convention, the old-age pension for a standard beneficiary should be 45 per cent. In the Committee's opinion, this difference might be due, inter alia, to the fact that over the years the average gross earnings increased by a higher proportion than the general basis of assessment for pension purposes. The Committee would be grateful if the Government would supply with its next report all information liable to contribute to a better appreciation of the situation, in the light of the above-mentioned provisions of the Convention.

3. The Committee takes note of the information supplied by the Government on the application of Article 15, paragraph 3, of the Convention (which provides that retirement age shall be lowered to less than 65 years for persons who have been engaged in arduous or unhealthy work) and, in particular, the coming into effect on 1 January 1989 of the Act on part-time employment for older workers. The Committee hopes that the Government will continue in its future reports to provide information on all progress made in giving fuller effect to Article 15, paragraph 3, referred to above, due regard having been had to the amount of the benefits and the qualifying periods prescribed by Articles 17 and 18.

4. Finally, the Committee takes note of the information supplied by the Government in its eighteenth report on the application of the European Social Security Code as amended by its Protocol, concerning the pension insurance reform which has been submitted to Parliament for examination and adoption. The Committee hopes that any measures adopted following this reform will continue to take account of the level prescribed by the Convention. It would be grateful if the Government in its next report would communicate detailed information on the results of this reform. [The Government is asked to report in detail for the period ending 30 June 1990.]