Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Germany

Social Security (Minimum Standards) Convention, 1952 (No. 102) (Ratification: 1958)
Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) (Ratification: 1972)
Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) (Ratification: 1971)
Medical Care and Sickness Benefits Convention, 1969 (No. 130) (Ratification: 1974)

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 102, 121, 128, and 130 together.

Articles 35, 36(3), and 72 of Convention No. 102; Article 15(2) of Convention No. 128; Articles 14(4) and (5), 15, 16, 18(2), 24 and 26 of Convention No. 121; and Convention No. 130. The Committee takes note of the information provided by the Government in its report concerning: (i) pension age; (ii) prevention, rehabilitation and placement services; (iii) lump-sum payment; (iv) increments and reassessment of payments; (v) funeral benefit; (vi) administration of the scheme; and (vii) minimum benefits.

Article 26, in conjunction with Articles 11(1)(a), 18(1)(a) and 24(1)(a) of Convention No. 128. Replacement rate of the old-age, invalidity and survivors’ benefits. The Committee notes from the Government’s report that the calculations of the old-age, invalidity and survivors’ pensions once again take into consideration additional non-contributory periods. Furthermore, the calculations of the old-age pension include personal pension savings or so-called “Riester pensions” provided by private insurance companies or other financial institutions. The Committee recalls in this respect that to include “Riester pensions” in the calculation of replacement rates of benefits under Article 26 of the Convention, such pensions should meet the requirements of Article 6 as regards voluntary insurance schemes. The Committee further recalls that replacement rates of benefits shall be calculated only based on the periods of contribution of 15 years for invalidity and survivors’ benefits and 30 years for old-age benefits, in line with Articles 11(1)(a), 18(1)(a) and 24(1)(a) of the Convention. The Committee reiterates its request to the Government to calculate the replacement rates of the statutory old-age, invalidity and survivors’ pensions without adding any non-contributory periods. The Committee further requests the Government to provide information on the compliance of “Riester pensions” with Article 6 of the Convention, should the Government decide to add “Riester pensions” into the calculation of replacement rates of benefits under Article 26 of the Convention.