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64.5% (Hain/Tautz 2001: 365) without net payments from private<br />

provision. In evaluating these payments, it must be borne in mind<br />

that the standard pension is a purely notional amount based on<br />

average earnings and 45 years of contributions. Most pensions are<br />

below this level.<br />

Since the transition periods for the introduction of reduced<br />

pensions are still under way or have only just expired, and the<br />

Riester pension has only just been introduced, it is still too early to<br />

assess the situation. However, in its long-term forecast Prognos<br />

anticipates a sharp rise in the employment rate for older workers,<br />

primarily owing to the pension reforms in the past ten years (cf.<br />

section 2.1).<br />

3.2 Labour market policy<br />

<strong>The</strong> older unemployed have long been a target group for active and<br />

passive labour market policy. Older workers aged 55+ may be<br />

assigned to publicly subsidised structural programmes for up to 60<br />

months (a maximum of 36 months for those aged under 55). <strong>The</strong>se<br />

programmes focus on improving the environment or social service<br />

provision or on other public objectives. Older workers are also given<br />

preferential treatment and supported for longer in job creation<br />

programmes. Furthermore, older workers are one of the special<br />

target groups for settling-in allowances. Finally, the duration of<br />

receipt of unemployment benefit increases very substantially with<br />

increasing age. With only five years of insurance, a 57-year-old can<br />

claim unemployment benefit for 20 months longer than an<br />

unemployed 44-year-old (Table 4). <strong>The</strong> preferential support for<br />

older workers under labour market policy is only partially based on<br />

the wording of laws. Other provisions formulated in an “ageneutral”<br />

way have been applied specifically to older workers. This<br />

applies, for example, to structural short-time working allowances,<br />

which cover employees for up to two years following job cuts, before<br />

they become unemployed.<br />

<strong>The</strong> aim of the 1996 Altersteilzeitgesetz [Partial Retirement Act]<br />

(Kirsch/Müller 2002) was to facilitate a gradual transition to<br />

retirement for employees. Employees aged 55+ can reduce their<br />

working hours by up to 50% for up to five years. <strong>The</strong> employer tops<br />

up the wage to at least 70% and pays pension contributions at a level<br />

of 90% of the former wage, so that the partial retirement involves<br />

only a minor reduction in pension. <strong>The</strong> Federal Employment<br />

Service reimburses the employer for these special payments (wage<br />

increase and increased pension contribution) if the appointment of<br />

unemployed persons or trainees to cover the full amount of working<br />

time lost can be proved. This entitlement to payments from the<br />

Federal Employment Service requires a collective agreement to be<br />

concluded in which the conditions for partial retirement are<br />

regulated (cf. section 3.3.).<br />

In the past, labour market policy focused on promoting active or<br />

passive bridging phases for the older unemployed prior to early<br />

retirement. Social plans of this kind, with transition phases of up to<br />

five years, were made attractive to companies by extending the<br />

duration of receipt of unemployment benefit for older workers, often<br />

in combination with structural short-time working allowances. In<br />

Eastern Germany in particular, older workers are supported up to<br />

early retirement by means of programmes of structural adjustment.<br />

<strong>The</strong> relevant Federal Employment Service programmes are often<br />

topped up from Land funds (usually ESF funds). In practice, the<br />

Partial Retirement Act was not used to support a gradual transition<br />

to retirement. Instead, the legally permitted “block” model<br />

predominated (2 years of full-time working, 2 years away from the<br />

company while continuing to receive a wage). In 2002, the Federal<br />

Employment Service subsidised 61,000 persons in partial retirement<br />

Spring 2003 | European Employment Observatory Review 93<br />

Trends<br />

(+ 21% in comparison with the previous year) (BA 2003).<br />

Modification of labour market policy in respect of this subsidised<br />

withdrawal has become apparent only very recently. With its “50<br />

plus” programme, the Federal Employment Service has begun a job<br />

placement campaign for older workers. This programme not only<br />

draws attention to the special subsidies available for older workers,<br />

but also attempts to change mindsets. Attention is drawn to the<br />

particular potential of older workers as regards performance, and<br />

also to opportunities for exploiting this potential in<br />

mixed-age teams within the company. Examples of corporate best<br />

practice are used as models (http://aeltere.arbeitsamt.de/de-beispielbluethner.html).<br />

However, owing to the high level of unemployment, a change of<br />

paradigm is not easy for labour market policy. Nevertheless, the first<br />

signs of progress can be detected. Under the Job-AQTIV-Gesetz<br />

[Jobs Act – activation, (skills) training, investment, placement],<br />

which entered into force at the beginning of 2002, continuing<br />

training of older employees aged 50+ in companies with up to 100<br />

employees can be subsidised. Under the laws on modern labour<br />

market services, which entered into force on 1 January 2003, various<br />

instruments promote the employment of older workers (see box).<br />

New instruments promoting the employment of older<br />

workers in the two laws on modern labour market<br />

services<br />

(1.1.2003)<br />

1. An assured wage for older employees: older employees<br />

aged 50+ who were previously unemployed or are at risk<br />

of unemployment receive an assured net wage when they<br />

take up lower paid employment. <strong>The</strong> wage is assured via<br />

two payments:<br />

• an allowance constituting 50% of the “difference in<br />

net wage” between employment before and after<br />

unemployment (“combined wage”, wage not liable<br />

to tax and compulsory contributions);<br />

• increased insurance under statutory pensions<br />

insurance, at 90% of the assessed remuneration<br />

that was taken as a basis for the previous<br />

unemployment benefit.<br />

<strong>The</strong> allowance added to the wage is tax-free.<br />

2. Contribution bonus for employers on employment of older<br />

workers: employers who appoint unemployed persons<br />

aged 55+ are exempted from their contribution to<br />

unemployment insurance (3.25%).<br />

Increased opportunities for fixed-term employment of older<br />

workers: the age threshold laid down in the law on part-time<br />

and fixed-term employment, as from which fixed-term<br />

employment contracts can be concluded with employees<br />

without material grounds for fixing the term and with no<br />

maximum time limit, is reduced, initially for a period of four<br />

years, from 58 to 52.

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