MIL OSI Translation. Region: Germany / Deutschland –
Source: CDU CSU
Dear Madam President, Dear Colleagues! It now sounded like a proposal from you, Mr Birkwald. Today it is – I just wanted to put that at the beginning – to discuss the answer of the Federal Government on this topic. You represented it; I still want to do that with my words.
What is it about today? Before 1992, the FRG – you mentioned it – regulated the Foreign Pension Act, how the insurance periods completed in the GDR were to be calculated in terms of pension law in the FRG. Fictitious earnings were assigned to the insurance periods, as they would have actually been achieved with comparable qualifications and work that the persons concerned would have had in the FRG. This was technically called “table fees”.
With the Pension Transition Act, these regulations in the External Pension Act were consequently deleted on January 1, 1992, as we find; because otherwise we would have created another injustice, knowing that the present one is also perceived as painful. Also with effect from this date, new regulations were introduced into SGB VI with this law. Since then, these regulations apply to the assessment in the accession area, i.e. in the new federal states. Since then, the table remuneration as up to the date mentioned has basically no longer been used as a basis, but the earnings actually insured in the GDR, of course converted with an evaluation factor,
(Matthias W. Birkwald [DIE LINKE]: Yes, why? Promised, broken!)
because they had to be adapted to the level of earnings or comparable earnings in the FRG.
“Is that fair?” You can ask and ask. Is that right? You have heard about this again and again here in this Parliament: The legality of these legal regulations and their application to the insurance periods completed in the GDR – “completed” in the sense of “saved up” – by so-called GDR old settlers have all social courts up to confirmed to the Federal Social Court.
Where are we now in the process? We are now with the evaluation; You received the answer from the Federal Ministry. We have gained knowledge; that goes back to your request. In the petition procedure you just mentioned, the Federal Ministry of Labor and Social Affairs was asked by the committee to examine it. The committee alone does not automatically represent Parliament as a whole, in spite of the existing agreement, as you know it on other issues. Questions arose such as: Should the entitled persons possibly be able to choose whether they want to have their pension still calculated on the basis of the table wages or have it converted on the basis of the actually insured GDR earnings?
(Friedrich Straetmanns [DIE LINKE]: That would be a good idea!)
That would have created a rift.
After a detailed examination and taking into account legal opinions – I have just referred to legality – the ministry is on the constitutionality of the proposed new regulation – we nod; we understand that; We follow this through – came to the conclusion that the proposed new regulation would be unconstitutional and that gaps in justice – as I said at the beginning – would actually only arise in a different place, for other groups of people. In its statement to the Petitions Committee of the Bundestag, the Ministry’s answer was that such a regulation cannot be advocated – understandable, as it is based on the rule of law. The Federal Government’s view of this new regulation and its response have not changed since then.
Therefore I would like to use my speaking time at the end to quote the last sentences of the answer to the big question or the “big answer”, for which I am grateful to the Federal Government, with the permission of the President:
There is no discrimination against refugees from the GDR or applicants for leaving the country. Your GDR insurance periods are taken into account in the same way as comparable GDR insurance periods of other people. The political question to be answered as to whether or not someone contributed a decisive part to the establishment of German unity with his behavior cannot play a role in relation to the amount of a pension from the statutory pension insurance. For the calculation of a pension, only the insurance periods are important, in particular the amount of insured earnings and the duration of the contribution payment.
We have nothing to add to this classification and assessment of the Federal Government.
(Applause from the CDU / CSU and members of the SPD)
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.