Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

1. 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, Part III (Old-age benefit), Articles 17 and 18, and Part IV (Survivors' benefit), Articles 23 and 24. The Committee notes with interest the very detailed statistics supplied by the Government in its report concerning, among other matters, the level of invalidity, old-age and survivors' benefit in both the old and the new Länder. It notes, however, that the Government is continuing to base its calculations on the "individual basis for the calculation of pensions" which formed part of the formula used for the calculation of benefits before the 1992 reform. In order to be in a position to assess fully the manner in which effect is given to the above provisions of the Convention, the Committee would be grateful if the Government would supply with its next report statistics on the level of invalidity, old-age and survivors' benefit in the manner called for in the report form under Titles I to IV of Article 26, comparing the level of benefit (with the addition of the family allowances provided during the contingency) provided to a standard beneficiary with the wage of a skilled manual male employee determined in accordance with paragraph 6 or paragraph 7 of Article 26 (with the addition of the family allowances provided during employment). The Government is asked to base its calculations on (a) levels which are net of taxation and social contributions and (b) gross levels.

2. With regard more particularly to invalidity and survivors' benefit, the Committee notes the information supplied by the Government concerning the substitute periods, within the meaning set out in section 59 of the Sixth Book of the Social Code, and the 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. The Committee would be grateful if the Government would base its calculations for the above two hypotheses on the net and gross wages of a skilled manual male employee, and not on the "individual basis for the calculation of pensions". It would also be grateful if the Government would supply detailed information on the manner in which the above calculations are computed.

[The Government is asked to report in detail for the period ending 30 June 1994.]