Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

Part II (Invalidity benefit); Part III (Old-age benefit); Part IV (Survivors' benefit). The Committee notes with interest the very detailed information supplied by the Government in its report and in its report on the application of Convention No. 102. It hopes that the Government's next report will also contain statistical information concerning the new Länder.

Furthermore, in view of the period covered by the report, the Government supplied statistical information on the level of benefits relating to the year 1991 and this information therefore precedes the coming into force on 1 January 1992 of the Act to reform the pension scheme. In order to be fully able to assess the implementation of this reform in relation to the obligations deriving from the Convention, the Committee requests the Government to supply with its next report the statistical information required under the report form for the period 1992.

The Committee would also be grateful to receive details on the following point:

Part V (Standards to be complied with by periodic payments), Article 26, of the Convention (in relation with Part II (Invalidity benefit), Articles 10 and 11, paragraph 5, as well as with Part IV (Survivors' benefit), Articles 23 and 24, paragraph 5). In compiling statistics concerning the level of invalidity and survivors' benefit, the Government states that, taking into account the provisions respecting the supplementary period, 35 years of insurance are generally validated, thereby ensuring the payment of an invalidity pension equivalent to 55.2 per cent of the individual calculatory base and the provision of a survivors' pension equivalent to 49.4 per cent of the above base.

The Committee understands that the Government intends to have recourse to the provisions of Article 11, paragraph 5, and Article 24, paragraph 5. It would therefore be grateful if the Government would supply additional information on the manner in which the substitute periods, within the meaning set out in section 59 of the Sixth Book of the Social Code, are taken into account for the calculation of invalidity and survivors' benefit, particularly when the beneficiary has not contributed for the whole of the period preceding the contingency. It requests it in particular to supply statistics on the level of invalidity and survivors' benefit in the cases in which the beneficiary or the family breadwinner began to contribute at the age of: (a) 25 years; and (b) 30 years, and when the contingency occurred five years after the commencement of the insurance (or, in case (a) at the age of 30 years, and in case (b) at the age of 35 years) and to compare the above benefit with the net and gross wage of a skilled manual male employee.

[The Government is asked to report in detail for the period ending 30 June 1993.]