Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:14:p4
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 14 (pt 4/25)
Character Range: 461497–464418

as regards the German institution:
          (a) When German periods of coverage have been completed, periods of Australian working life residence shall also be taken into account for purposes of determining eligibility for benefits under German legislation, provided that these periods do not coincide with the above mentioned periods of coverage.
          (b) The periods of Australian working life residence to be taken into account under subparagraph (a) shall be assigned to that branch of insurance whose institution is responsible for determining entitlement to a pension as if only the German legislation is applied. If, according to the foregoing, the Miners' Pension Insurance is the competent institution, periods of Australian working life residence shall be taken into account for the Miners' Pension Insurance only if the relevant person was employed in a mining enterprise in underground operations during this time.
          (c) For purposes of determining eligibility for a benefit payable under the German legislation:
            (i) a month which is recognised as a month in a period of Australian working life residence shall be considered as a month of contributions under the German legislation; and
            (ii) a year which is recognised as a year in a period of Australian working life residence shall be considered as twelve months of contributions under the German legislation.
          (d) Earnings points shall be determined solely on the basis of pension rating periods to be taken into account under the German legislation in the calculation of German benefits.

Article 7
Totalisation – Australian benefits
    1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:
          (a) a period as an Australian resident that is less than the period required to qualify that person, on that ground, under the Australian legislation for a benefit;
          (b) a period of Australian working life residence equal to or greater than the period identified in accordance with paragraph 4 for that person; and
          (c) a German period of coverage,
     then for the purposes of a claim for that Australian benefit, that German period of coverage shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the Australian legislation, to be a period in which that person was an Australian resident.
    2. For the purposes of paragraph 1, where a person:
          (a) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the Australian legislation for qualification of that person for a benefit; and
          (b) has accumulated a German period of coverage in two or more separate periods that equals or exceeds in total the period referred to in subparagraph (a),
     the total of the German periods