Eleventh 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: Elftes Gesetz über die Anpassung der Renten aus den gesetzlichen Rentenversicherungen sowie über die Anpassung der Geldleistungen aus der gesetzlichen Unfallversicherung

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Eleventh law on the adjustment of pensions from statutory pension insurance schemes and on the adjustment of cash benefits from statutory accident insurance (Eleventh pension adjustment law-11. RAG)

unofficial table of contents

11. RAG

Date of expiry: 19.11.1968

Full quote:

" Eleventh pension adjustment law of 19. November 1968 (BGBl. 1189) "

Footnote

The provision shall not apply in 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: 24.11.1968 + + +) unofficial table of contents

entry formula

The Bundestag, with the consent of 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 basis of assessment for the year 1968 to the insured and Survivors ' pensions from insurance cases which occurred in 1967 or earlier, for reference periods of 1. It was adapted in accordance with § § 2 to 8 in January 1969.(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 (37) (3), first sentence, and (2) of the Act on the Reregulation of the Workers' Insurance Act in 1968. 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 that a pension is obtained, as is the case after application of § 1255 (1), last sentence of the Reichsversicherungsordnung (Reichsversicherungsordnung), § 32 (1), last sentence of the Employment Insurance Act and Section 54 (1), final half-sentence of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), as well as the rules for the reduction and suspension of the pension, would result if the pension was not changed to the other calculation factors on the basis of the general rule The basis for calculating the year 1968 and the contribution ceiling of the pension insurance scheme for this year would be calculated; deviations due to rounding off are permitted. In the case of benefits or benefits from the pension insurance scheme, the annual amounts applicable in accordance with Article 2 (9) (1a) of the New Insurance Directive for Insurance Cases of the Year 1968 are to be paid shall be considered. The provisions of Section 98a (2), first sentence, of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) shall apply in the case of compensatory benefits, subject to the condition that the insured person shall be given two-thirds of the benefit surcharge to be granted for the month of December 1968. 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;
§ 2 para. 1 sentence 4 italic print: § 1282 para. 2 RVO. by Art. 2 No. 27, § 59 para. 2 AVG. by Article 3 (3) and Section 79 (2) of the RKG. by Art. 4 No. 5 G v. 1.12.1981 I 1205 mWv 5.12.1981 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 2,1481 multiplied and the children's subsidy for each The child would be calculated on the basis of the general assessment basis for the year 1968; deviations due to rounding off are permitted. § 2 (1) sentence 4 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: are:
an insurance period of ..... Years Insurrents DM/month widows and widows rents DM/month
50 and more1.149.50689.70
491.126.60676.00
481.103.60662.20
471.080, 60648,40
461.057.60634,60
451.034,60620,80
441.011, 60607,00
43988.60593,20
42965,60579,40
41 942, 60565.60
40 and less919.60551.80
(3) The Regulation on the application of the rules on the rest of the Reich Insurance Order and the law on insurance against pensions of the workers and employees of 9. July 1957 (Bundesgesetzbl. 704) shall apply with the proviso that, in § 1 (3) and (2) (4) of the Regulation, the amount of 15,633,20 Deutsche Mark, in Article 3 (1) of the Regulation, shall be replaced by the sum of 171,60 Deutsche Mark in the place of the amount of 15,633,20 Deutsche Mark. Deutsche Mark the amount of 368,50 Deutsche Mark, to the point of the amount of 471.60 Deutsche Mark the amount of 1.012.90 Deutsche Mark and in § 3 (2) of the Regulation to the place of the amount of 4.281 Deutsche Mark the amount of 9.196 German Mark occurs. 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 1.083 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 1,1176 and the children's subsidy for each The child would be calculated according to the general assessment base of 1968; deviations due to rounding off are permitted. The increases in the amount of contributions from the higher insurance shall remain unaffected. § 2 (1) sentence 3 shall apply.(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 1969 before deduction of the amount of the pension for the Sickness insurance for pensioners without a child subsidy for each child and without any increase in the amount of contributions from 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). The amount resulting from sentences 1 and 2 is before the application of § 4 para. 1 in the case of crunch pensions for occupational incapacity pursuant to § 53 (2) sentence 1 second half sentence of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) and in accordance with section 69 (1) of the Survivors 'pensions calculated at 0,98, in the case of invalidity pensions, in the case of carpenter pensions and in the case of survivors' pensions calculated in accordance with § 69 (2) and (6) of the German Reichsnappschaftsgesetz (Reichsnappschaftsgesetz) with 0.96 , this shall apply, in accordance with the benefits of the pension insurance scheme, and not to the pension rights of the workers and of the pension schemes of the workers and of the pension insurance scheme Employees. If, in the event of a renewed examination, the pension has been found to be inaccurate, adjusted or adjusted in accordance with the first to the Tenth Pension Adjustment Act, the amount of the sum of the pensionable amount within the meaning of the first sentence shall be the sum of the amount which: it would result from the re-application of the rules on the establishment, conversion and adjustment of the pension as a payment for January 1969.(2) In the case of pensions, to Section 6 (1) of the Tenth Pension Adjustment Act of 22. December 1967 (Bundesgesetzbl. 1343), the amount of adjustment shall be the amount resulting from the application of Section 4 (1), first half-sentence of the Tenth Pension Adjustment Act; paragraph 1, sentence 3 shall apply accordingly. The amount of the pensionable amount for January 1968 shall be replaced by the amount of the pensionable amount for January 1969. The fourth sentence of paragraph 1 shall apply.(3) In cases where a pension has not been paid in January 1969 or where the amount of the pension is paid after 31 January 1969, 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 for January 1969 shall be replaced by the amount which would have been payable in January 1969 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. § 2 (1) sentence 3 and § 5 (1) sentence 3 shall not apply, unless the insurance case occurred in 1963. 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

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§ 9

(1) The statutory accident insurance will be used to make changes in the average gross wage and salary sum between the Calendar years 1966 and 1967, the annual earnings-related cash benefits for accidents which occurred in 1966 or earlier, for reference periods of 1. It was adapted in accordance with § § 10 and 11.(2) Paragraph 1 does not apply,
to the extent that the cash benefits in the agricultural accident insurance are calculated on the basis of an average annual earnings service,
to the extent that the cash benefits are calculated on the basis of § 12 para. 2 of the Tenth Pension adjustment legislation is granted.(3) In the case of cash benefits within the meaning of paragraph 1, a performance in accordance with Section 27 of the Social Insurance Act Saar of 15 shall also apply. 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 (1), 577 of the Reichsversicherungsordnung (Reichsversicherungsordnung) in the version of the Law for the Reregulation of the Law of the statutory 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 1,033 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. It was calculated in January 1967. 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 the employees, which are to be adjusted in accordance with § § 2 and 3 pensions with benefits or benefits from the pension insurance scheme, pensions under Article 2 (42) of the Workers 'Pension Insurance Act and Article 2 (41) of the Federal Insurance Law and the Law on the Reregulation of the Workers' Pension Insurance Act and the provisions of § § § 42 of the German Insurance and Law Insurance Law. 2 (2) pensions, which meet with a pension from the statutory accident insurance, may be subject to the application of § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the German Insurance Act and § § 75, 76 of the German Insurance Act (Act on the Insurance Act). The Law on Sickness Insurance, together with the pension from the accident insurance, does not fall below the amount paid as the sum of these pensions for December 1963; child subsidies and children's allowances are not 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, according to is to be granted the higher benefit to the beneficiary.

Footnote

§ 12 para. 1 italic print: § § 1278 to 1286 RVO. 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 is dependent on other income, the amounts of increase which are to be paid for the months of January to May 1969 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. January 1969 is due to be given.(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 1969.(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.