Tenth Law On The Adjustment Of Pensions From The Statutory Pension Insurance, As Well As The Adjustment Of Cash Benefits Under The Statutory Accident Insurance

Original Language Title: Zehntes Gesetz über die Anpassung der Renten aus den gesetzlichen Rentenversicherungen sowie über die Anpassung der Geldleistungen aus der gesetzlichen Unfallversicherung

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Tenth law on the adjustment of pensions from statutory pension schemes and on the adjustment of cash benefits from statutory accident insurance (10th Retirement Adjustment Act-10). RAG)

unofficial table of contents

10. RAG

Date of delivery: 22.12.1967

Full quote:

" Tenth Pension Adjustment Act of 22 December 1967. December 1967 (BGBl. 1343) "

Footnote

The provision does not apply in accordance with the territory referred to in Article 3 of the agreement. L. I chap. VIII Sachg. H An. I No 16 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 1057
(+ + + + + text from: 30.12.1967 + + +) unofficial table of contents

entry formula

The Bundestag has approved the Federal Council to decide on the following law:

First section
Adjustment of pensions from statutory pension insurance

unofficial table of contents

§ 1

(1) The statutory pension insurance companies will be responsible for changing the general assessment basis for the year 1967. Survivors ' pensions from insurance cases which occurred in 1966 or earlier, for reference periods of 1. January 1968 shall be adapted in accordance with § § 2 to 8.(2) The pensions referred to in paragraph 1 shall also include those referred to in Article 2 (38) (3) and (2) of the Workers 'Pension Insurance Act and Article 2 (3) (1) and (2) of the Act on the Reregulation of the Workers' Insurance Act in 1967. increased pensions, the capacity compensation under § 98a of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) and the performance in accordance with § § 27, 28 of the Social Insurance Act Saar of 15. June 1963 (Bundesgesetzbl. 402). (3) Paragraph 1 shall not apply to the Knappschaftssold. Non-official table of contents

§ 2

(1) Pensions, which are based on § § 1253ff. the Reichsversicherungsordnung, § § 30ff. of the law of the Federal Employment Insurance Act or § § 53ff. of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) are to be adjusted in such a way as to result in a pension as would result from the application of the rules of reduction and rest if the pension was not changed without amendment of the other calculation factors On the basis of the general assessment basis for the year 1967 and the contribution ceiling for this year, it would be possible to calculate deviations due to rounding. Section 1282 (2) of the German Insurance Act, Section 59 (2) of the German Insurance Act or Section 79 (2) of the German Reich Scarcity Act does not apply in cases in which § § 1278, 1279 of the Reichsversicherungsordnung (Reich Insurance Code), § § 55, 56 of the German Insurance Act (Reichsversicherungsordnung) Employee insurance act or § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) have been applied.(2) Paragraph 1 does not apply to pensions in which § 1253 (2) sentence 5 alone or in conjunction with § 1254 (2) sentence 2, § 1268 para. 2 sentence 2 of the Reichsversicherungsordnung, § 30 para. 2 sentence 5 alone or in conjunction with § 31 para. 2 sentence 2, § 45 para. 2 Sentence 2 of the Federal Insurance Act, § 53 (3) sentence 5, alone or in conjunction with § 53 (5) sentence 2, § 69 (2) sentence 2 of the German Reichsnappschaftsgesetz (Reichsknappschaftsgesetz), Article 2 (38) (3) sentence 4, second half sentence of the The Workers 'Pension Insurance Reregulation Act or Article 2, Section 37 (3) sentence 4, second half-sentence of the Act on the Reregulation of the Workers' Insurance Directive has been applied.(3) Paragraph 1 shall apply in accordance with the pensions of the pension insurance scheme, which are paid pursuant to Article 2 (24) (5) of the Statutory Pension Insurance (Knappschaftsrentenversicherungs-NeuRuleungsgesetz).

Footnote

§ 2 italic printing: § § 1253 bis 1256, § § 1267 bis 1286 RVO opened. by Art. 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 Non-official table of contents

§ 3

(1) Pensions pursuant to Article 2 (32) to (35) of the The Workers ' Pension Insurance-NeuRuleungsgesetz or Article 2 (31) to (34) of the Law on the New Law of the Insurance Act must be adjusted in such a way as to result in a pension as would result from the application of the rules of rest, if the pension scheme is Pension reconverted and, before application of the rules of rest, the unshortened pension amount without a child subsidy for each child and without increasing amounts from contributions of the higher insurance with 1.9832 multiplied and the children's subsidy for each The child would be calculated on the basis of the general assessment basis for the year 1967; deviations due to rounding off are permitted. § 2 para. 1 sentence 2 shall apply.(2) Article 2 (34) of the Workers 'Pension Insurance Law and Article 2 (33) of the Law on the Reregulation of the Workers' Insurance Act are to be applied with the proviso that, in place of the values set out in these provisions, the following values shall apply: :
For an insurance period of ... Years of insurance rentenDM/monthwidows and widower DM/month
50 and more1.050,00 630, 00
491.029,00617.40
481.008.00604.80
47 987, 00592,20
46966,00 579, 60
45945,00567,00
44924,00554,40
43 903, 00541,80
42882,00 529, 20
41861,00516,60
40 and less840.00504.00
(3) The regulation on the application of the rest requirements of the The Insurance and Employees ' Insurance Act on pensions of the workers and employees of the 9. July 1957 (Bundesgesetzbl. 704), with the proviso that in Section 1 (3) and (2) (4) of the Regulation the amount of 7,650.00 Deutsche Mark is replaced by the amount of 14,280,00 Deutsche Mark, in § 3 (1) of the Regulation, to the point of the amount of 171,60 Deutsche Mark the amount of 340,40 Deutsche Mark, to the point of the amount of 471.60 Deutsche Mark the amount of 935.30 Deutsche Mark and in § 3 (2) of the Regulation to the place of the amount of 4,281,00 Deutsche Mark the amount of 8.490,00 German mark Deutsche Mark is entering. Non-official table of contents

§ 4

(1) The rest of the pensions must be adjusted in such a way as to result in a pension as it would arise if the pension pursuant to § 5 the amount of adjustment to be determined with 1,081 and the benefit surcharge of the crunch pension insurance and the amount to be charged pursuant to section 75 (1) sentence 2 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) to be multiplied by 1,0625 and the children's subsidy for each The child would be calculated according to the general assessment base of 1967; deviations due to rounding off are permitted. The increases in the amount of contributions from the higher insurance shall remain unaffected.(2) Pensions according to paragraph 1, which meet with a pension from the statutory accident insurance and to which the § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the German Insurance Act, or § § 75, 76 of the German Insurance Act The application of the Law on Reichsknappschaftsgesetz must be adjusted in such a way that it reaches at least the amount which results from
a)
in insurance cases after the 31. December 1956 and in the case of pensions with benefits or benefits from the crunic pension insurance, if they are subject to the other pensions in accordance with § 2,
b)
Insurance cases before the 1. January 1957, if they were to be adjusted according to § 3
. Non-official table of contents

§ 5

(1) Adjustment amount is in the cases of § 4 of the pension payment amount for January 1968 without a children's subsidy for each Child, reduced by the increases in the contributions of the higher insurance. In the crunch pension insurance, the amount of the pension is also reduced by the benefit surcharge and the amount to be charged pursuant to section 75 (1) sentence 2 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz). If, in the event of a renewed examination, the pension has been found to be inaccurate, adjusted or adjusted in accordance with the provisions of the First to Ninth Pension Adjustments, the amount of the pension payment shall be replaced by the amount of the amount referred to in the first sentence of sentence 1, the amount of which shall be: it would result from the renewed application of the rules on the establishment, conversion and adjustment of the pension as a payment for January 1968.(2) In cases where a pension has not been paid for January 1968 or the amount of the pension after 31 January 1968, the amount of the pension shall be equal to the amount of the pension. In accordance with paragraph 1 of this Article, the amount which would have been payable in January 1968 shall be replaced by the amount which would have been payable for January 1968 if the conditions for the fulfilment of the claim had existed at that time. Non-official table of contents

§ 6

(1) In the case of pensions from the pension insurance of the workers and the pension insurance of the employees, who are insured pursuant to § 4 , Article 2 (34) of the Workers 'Pension Insurance Act or Article 2 (33) of the Act on the Reregulation of the Workers' Insurance Act shall apply on the basis of the values laid down in Section 3 (2).(2) Insurance rents of the pension insurance scheme without a child allowance and without a benefit surcharge, which are adjusted in accordance with § 4, shall not exceed the basis of the pension assessment for the insured person. Sentence 1 shall apply in the case of survivors ' pensions, subject to the proviso that, in the case of pensions in accordance with § § 64, 65, 66 of the German Reichsnappschaftsgesetz (Reichsknappschaftsgesetz), six tenths, in the case of pensions of half-orphans, shall be replaced by the provision of the pension basis for the insured person. Tenths and, in the case of pensions, one-fifth of the pension basis for the insured person is one fifth.(3) Insurance rents-without a children's allowance and without benefit supplement-as well as survivors ' pensions from insurance cases after 31. December 1956, which meet with a pension from the statutory accident insurance and are adapted in accordance with § 4, may be combined in accordance with § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the employment insurance act or the in § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), which are to be taken into consideration in the calculation of pensions in accordance with § 2, do not exceed. The first sentence shall also apply to pensions from insurance cases before the 1. January 1957, when benefits or benefits are to be granted from the crunic pension scheme.(4) The other pensions from insurance cases before the 1. January 1957, which meet with a pension from the statutory accident insurance and are adapted in accordance with § 4, may be combined in the § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung) or in the § § § 55, 56 of the German Insurance Act (Act on the German Insurance Act) shall not exceed the limits to be taken into account in calculating the pension pursuant to § 3. Non-official table of contents

§ 7

(1) Benefits according to § 27 of the Social Insurance Act Saar of 15. June 1963 (Bundesgesetzbl. 402) should be adjusted in such a way as to result in a payment amount which, in the case of the application of Law No 345 of Saarland, is in the version of the notice of 29. July 1953 (Official Journal of the Saarland, p. 520) and the provisions of this Act were to be found on the basis of the insurance periods to date.(2) Benefits according to § 28 of the Social Insurance Act Saar of 15. June 1963 (Bundesgesetzbl. 402) must be adjusted in such a way as to give rise to a payment amount as defined in Article 28 of the Social Security Act Saar (Article 28 of the Social Security Act) on the basis of the principles of the Saarland Law, Law No 345 in the version of the notice of 29. Comparative performance calculated in July 1953 (Official Journal of the Saarland, p. 520) would be calculated. Non-official table of contents

§ 8

The provisions of this section shall apply in the Saarland, taking into account the version in which the provisions in § § 1 bis 7 as well as for pensions under Article 2 (15) of Law No 591 concerning the introduction of the Workers ' Pension Insurance Law in the Saarland of 13 November 2000. July 1957 (Official Journal of the Saarland, p. 779), Article 2 (17) of Law No 590 on the introduction of the Federal Insurance Law on the Law of the State of Saarland in Saarland (Germany) of 13 July 1990. July 1957 (Official Journal of Saarland p. 789) and Article 4 (9) of Law No 635 on the introduction of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) and the Knappschaftsrentenversicherungs-NeuRuleungsgesetz in Saarland (18). June 1958 (Official Journal of the Saarland, p. 1099).

Second section
Adjustment of cash benefits from statutory accident insurance

A non-official table of contents

§ 9

(1) The statutory accident insurance policy will result in changes in the average gross wage and salary balance between the Calendar years 1965 and 1966 the annual earnings-related cash benefits for accidents which occurred in 1965 or earlier, for reference periods of 1. In accordance with Articles 10 and 11 of this Directive, it was adapted in January 1968.(2) Paragraph 1 shall not apply,
to the extent that the cash benefits in the agricultural accident insurance are calculated on the basis of an average annual work earnings,
insofar as the cash benefits are due to the provisions of Section 12 (2) of the Ninth Pension adjustment legislation is granted.(3) A cash benefit within the meaning of paragraph 1 shall also be deemed to be a performance in accordance with Article 27 of the Social Insurance Act Saar of 15. June 1963 (Bundesgesetzbl. 402), which is to be granted by a carrier of statutory accident insurance.(4) In the cases of § § 565, 566 of the Reichsversicherungsordnung in the version of the Sixth Law on Changes in Accident Insurance of 9. March 1942 (Reichsgesetzbl. 107) and in the cases of § § 573, 577 of the Reichsversicherungsordnung (Reich Insurance Code) as amended by the Law for the Reregulation of the Law of the Legal Accident Insurance of the 30. April 1963 (Bundesgesetzbl. I p. 241) shall be considered as the year of the accident the year for which the annual work service has been last fixed. Non-official table of contents

§ 10

(1) The cash benefits are adjusted in such a way that they are multiplied by one of 1,072 Annual work earnings are calculated. For those according to § 27 of the Social Insurance Act Saar of 15. June 1963 (Bundesgesetzbl. I p. 402), the amount of cash to be paid shall be the annual work service of the amount which, without a reduction in accordance with Article 9 of Law No 345 of Saarland, as amended by the Notice of 29. July 1953 (Official Journal of the Saarland, p. 520), the financial contribution is based.(2) Insofar as the cash benefits are calculated on the basis of an annual work service, the amount of which is set in the statutes of the insurance carrier, they shall be adjusted in such a way that they are based on the provisions of the first subparagraph. The amount is calculated in January 1966. Non-official table of contents

§ 11

The multiplied annual work earnings may not exceed the amount of 36,000 Deutsche Mark, unless that a higher amount has been determined in accordance with Section 575 (2) sentences 2 and 3 of the Reich Insurance Code. In this case, the amount of 36,000 Deutsche Mark will be replaced by the higher amount.

Third section
Common provisions and final rules

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§ 12

(1) Pensions from the pension insurance of the workers and employees, which are to be adjusted in accordance with § § 2 and 3 Pensions with benefits or benefits from the pension insurance scheme and pensions under Article 2 (42) of the Workers ' Pension Insurance Act and Article 2 (41) of the Federal Insurance Law on New Law, which includes: a pension from the statutory accident insurance, may, after application of § § 1278, 1279 of the Reich Insurance Code, § § 55, 56 of the German Insurance Act and § § 75, 76 of the Reichsknappschaftsgesetz (Reichsnappschaftsgesetz) together with the Pension from the accident insurance does not fall below the amount paid as the sum of both pensions for December 1963; child subsidies and children's allowances shall not be taken into account. Sentence 1 shall also apply in the cases of Section 1282 (1) of the Reich Insurance Code, Section 59 (1) of the German Insurance Act and Section 79 (1) of the Reichsknappschaftsgesetz (Reichsnappschaftsgesetz). If, in the other cases, the adjustment after the first section does not result in a higher amount than the previous payment amount, it shall be repaid.(2) If a financial performance of the statutory accident insurance, which has been or should have been determined on the basis of the previous statutory provisions, is higher than it would be in the adjustment according to the second section, so is to be granted the higher benefit to the beneficiary.

Footnote

§ 12 para. 1 italic print: § 1278 to 1286 RVO deed. by Art. 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 Non-official table of contents

§ 13

(1) As far as
is concerned, the benefits of the victims of war after the Federal Supply Act and the laws declaring the Federal Supply Act to be applicable,
of the war-related pension and the aid for subsistence under the Burden Balancing Act,
the aid for living according to the law on relief measures for Germans from the Soviet occupation zone of Germany and the Soviet-occupied sector of Berlin,
the benefits under the Federal Compensation Act, the Federal Social Assistance Act and the Law on Youth Welfare,
the housing allowance (rental and burden subsidies) according to the Housing Act, as amended by the Notice of 1. April 1965 (Bundesgesetzbl. 177) and
the Federal State aid for the compensation of hardship in the context of occupational retirement provision according to the guidelines of 17. October 1951 (Federal Gazette No. 204 of 20 October). The
or the amount of the benefits depends on other income, the amounts of increase which are to be paid for the months of January to May 1968 on the basis of the provisions of this Act shall remain in respect of the is not taken into account in the investigation of income. The increases for the period referred to in the first sentence shall also apply to the granting of transitional allowance during the implementation of measures to maintain, improve or restore the earning capacity of a pension insurance institution; and not to take account of the granting of unemployment benefits and of old-age assistance to farmers.(2) Paragraph 1 shall apply in the Saarland with the proviso that the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) and the burden-balancing act must be applied in the light of their version in the Saarland. Non-official table of contents

§ 14

(1) Each pensioner receives a written notice of the amount of his pension, which he/she has received from the 1. It is due to be given in January 1968.(2) It shall be corrected if a subsequent check is made that the adjustment is defective. The pension shall be granted in its previous level up to the end of the month in which the letter of amendment is sent. A recovery of overpaid amounts does not take place. The corrigendum is only up to 31. December 1968.(3) § § 627 and 1300 of the Reichsversicherungsordnung, § 79 of the German Insurance Act and Section 93 (1) of the Reichsknappschaftsgesetz remain unaffected.

Footnote

§ 14 (3) italic print: § § 627 and 1300 RVO. through Art. II § 4 No. 1, § 79 AVG. through Art. II § 6 No. 1 and Section 93 (1) of the RKG. through Art. II § 8 No. 1 G v. 18.8.1980 I 1469 mWv 1.1.1981 Non-official table of contents

§ 15

This law applies in accordance with Section 13 (1) of the Third Transfer Act of the 4. January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Non-official table of contents

§ 16

This law enters into force on the day after the announcement.