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

Unofficial table of contents

11. RAG

Date of completion: 19.11.1968

Full quote:

" Eleventh Pension Adjustment Act of 19 November 1968 (BGBl. 1189) "

Footnote

The provision shall 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 evidence from: 24.11.1968 + + +) Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
Adjustment of pensions from statutory pension schemes

Unofficial table of contents

§ 1

(1) In the statutory pension insurance schemes, the insurance and survivor ' s pension for insurance cases which have occurred in 1967 or earlier shall be subject to changes in the general assessment base for the year 1968. Reference periods of 1 January 1969 to be adjusted in accordance with § § 2 to 8. (2) Pensions within the meaning of paragraph 1 also include those referred to in Article 2 § 38 (3) sentence 1 and 2 of the Workers ' Pension Insurance Act and Article 2 (37) (3) sentence 1 and 2 of the Act on the Reregulation of the Employment Insurance in 1968, increased pensions, which Compensation in accordance with § 98a of the German Reichsnappschaftsgesetz (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. Unofficial table of contents

§ 2

(1) Pensions, which according to § § 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), final half-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 Basis for the year 1968 and the contribution ceiling of the crunic Pension insurance 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 Law for Insurance Cases of 1968 are to be applied to: consideration. 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 left to 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 Code (2) Paragraph 1 does not apply to pensions under which § 1253 (2) sentence 5 alone or in conjunction with § 1254 (2) sentence 2, § 1268 (2) sentence 2 of the § 30 (2) sentence 5 alone or in conjunction with section 31 (2) sentence 2, § 45 (2) sentence 2 of the Employee Insurance Act, § 53 (3) sentence 5 alone or in conjunction with § 53 (5) sentence 2, § 69 (2) sentence 2 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), Article 2 (38) (3) sentence 4, second half-sentence of the Workers ' Pension Insurance-NeuRuleungsgesetz (3) Paragraph 1 shall apply, in accordance with the pensions of the pension insurance scheme, which pursuant to Article 2 (24) (5) of the The new law on the new law on the protection of pensions is to be paid.

Footnote

§ 2 italic printing: § § 1253 to 1256, § § 1267 bis 1286 RVO. by Article 6 (24) of 18.12.1989 I 2261 mWv 1.1.1992;
§ 2 para. 1 sentence 4 italic pressure: § 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 Article 4 (5) G v. 1.12.1981 I 1205 mWv 5.12.1981 Unofficial table of contents

§ 3

(1) Pensions in accordance with Article 2 (32) to (35) of the Workers 'Insurance Reregulation Act or Article 2 (31) to (34) of the Law on the Reregulation of Workers' Insurance Act must be adjusted in such a way as to give rise to a pension according to the application of the provisions of the German Social Insurance Act (EPC). Retirement provisions would be imposed if the pension was re-changed and, before applying the rules of rest, the unshortened pension amount without a child subsidy for each child and without increasing amounts from the contributions of the higher insurance with 2,1481 multiplied and the children's allowance for each child after the general It would be possible to calculate the basis for the year 1968; deviations due to rounding off are permitted. § 2 (1) sentence 4 is to be applied. (2) Article 2 (34) of the Workers 'Pension Insurance Law and Article 2 (33) of the Act on the Reregulation of the Workers' Insurance Act are to be applied with the proviso that instead of the provisions of these provisions shall be based on the following values:

For an insurance period of ..... Years	Insurance pension DM/month	Widows and Witwerrents DM/month
50 and more	1,149,50	689.70
49	1.126.60	676,00
48	1.103.60	662,20
47	1,080,60	648,40
46	1.057.60	634.60
45	1,034,60	620.80
44	1.011,60	607,00
43	988,60	593,20
42	965,60	579.40
41	942.60	565.60
40 and less	919.60	551.80

(3) The Regulation on the application of the rules on the rest of the Reich Insurance Code and the Employees ' Insurance Act to the pensions of workers and employees of 9 July 1957 to be rearranged (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 7,650 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. Unofficial table of contents

§ 4

(1) The other pensions shall be adjusted in such a way as to result in a pension as would arise if the amount of adjustment to be determined in accordance with § 5 of the pension scheme is 1.083 and the benefit surcharge of the crunic pension insurance scheme and the amount of the pension pursuant to section 75 (1). Article 2 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) shall be multiplied by 1,1176 and the child allowance for each child would be calculated in accordance with the general assessment base of 1968; deviations due to rounding shall be permitted. The increases in the amount of contributions from the higher insurance shall remain unaffected. § 2 (1) sentence 3 shall apply. (2) Pensions as referred to in 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 § § § § § § § 1278 of the German Insurance Act (Reichsversicherungsordnung) 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) must be adjusted in such a way that they reach at least the amount which results

a)

in the case of pensions from insurance cases after 31 December 1956 and in the case of pensions with benefits or benefits from the pension insurance scheme, provided that they are subject to the provisions of Section 2,

b)

in the case of other pensions from insurance cases before 1 January 1957, if they are subject to the provisions of § 3

would be adjusted. Unofficial 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 withheld for the sickness insurance of the pensioners without a child subsidy for each child and without increasing amounts from 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). 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 § 69 (1) of the Survivors 'pensions calculated at 0,98, in the case of invalidity pensions, in the case of carpenter's pensions and in the survivors' pensions calculated in accordance with § 69 (2) and (6) of the German Reichsnappschaftsgesetz (Reichsknappschaftsgesetz) with 0.96 to multiple; this shall apply in accordance with service parts from the scarce Pension insurance, but not the benefits of pension insurance for workers and employees in pensions of the pension insurance scheme. 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: (2) In the case of pensions, the provisions of Section 6 (1) of the Tenth Pension Adjustment Act of 22 December 1967 (Federal Law Gazette). 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. Paragraph 1, sentence 4 shall apply. (3) In cases where no pension has been paid in January 1969 or the amount of the payment of the pension is changed after 31 December 1968, the amount of the amount of the pension referred to in paragraph 1 shall be replaced by the amount of the pension payment. Amount which would have been payable for January 1969 if the conditions for the fulfilment of the claim had existed at that time. Unofficial table of contents

§ 6

(1) In the case of pensions from the pension insurance of the workers and the pension insurance of the employees, which are adjusted in accordance with § 4, Article 2 (34) of the Workers 'Pension Insurance Act or Article 2 (33) of the Staff Pension Insurance Act (Workers' Insurance) Employment insurance-new law on the basis of the values laid down in section 3 (2) of the application. (2) Insurance rents of the pension insurance scheme without a child subsidy and without a benefit surcharge, which are adjusted in accordance with § 4, may be used by the for the insured person's insured person's pension base. 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 base for the insured person. Tenths and, in the case of pensions, one-fifth of the pension basis for the insured person is based. (3) Insurance pensions-without a child allowance and no benefit supplement-as well as survivors ' pensions from insurance cases after the 31. December 1956, with a pension from the statutory accident insurance In accordance with § 4, the limits of the limits referred to in § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the German Insurance Act or the limits specified in § § 75, 76 of the Reichsknappschaftsgesetz (Reichsnappschaftsgesetz) may be combined with the following: in the case of a calculation of pensions in accordance with § 2, shall not exceed. The first sentence shall also apply to pensions from insurance cases before 1 January 1957, when benefits or benefits are to be granted from the pension insurance scheme. (4) The other pensions from insurance cases before 1 January 1957, which shall be: of a pension from the statutory accident insurance and are adapted in accordance with § 4, may be taken together in accordance with § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung) or the persons referred to in § § 55, 56 of the Federal Insurance Act (Andes) Limits to be taken into account in the calculation of the pension pursuant to § 3 shall not be . Unofficial table of contents

§ 7

(1) Benefits according to § 27 of the Social Insurance Act Saar of 15 June 1963 (Federal Law Gazette). 402) must 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, as amended by the Notice of 29 July 1953 (Official Journal of Saarland p. 520) and the provisions of this Act, is subject to the following conditions: (2) Benefits according to § 28 of the Social Insurance Act Saar of 15 June 1963 (Federal Law Gazette). 402) must be adjusted in such a way as to give rise to a payment amount which, in accordance with Article 28 of the Social Security Act Saar, applies to the provisions of § § 4 to 6 of this Act, which are based on the principles of the Saarland. Law No 345, as amended by the Notice of 29 July 1953 (Official Journal of the Saar, p. 520), would result in a comparative performance. § 2 (1) sentence 3 and § 5 (1) sentence 3 shall not apply, unless the insurance case occurred in 1963. Unofficial table of contents

§ 8

The provisions of this section shall apply in the Saarland, taking into account the wording in which the provisions listed in § § 1 to 7 are to be applied in the Saarland, including for pensions, which are to be applied in accordance with Article 2 (15) of Law No 591. Introduction of the Workers ' Pension Insurance Law in the Saarland of 13 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 New Law in Saarland of 13 July 1957. 1957 (Official Journal of Saarland p. 789) and Article 4 (9) of Law No 635 on the introduction of the The Law on the Law of the Saarland and the Law on the Law of the Scarcity Pension Insurance (Knappschaftsrentenversicherungs-NeuRuleungsgesetz) of 18 June 1958 (Official Journal of the Saarland, p. 1099) are granted.

Second section
Adjustment of cash benefits from statutory accident insurance

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§ 9

(1) In the case of statutory accident insurance, the changes in the average gross wage and salary sum between the calendar years 1966 and 1967 shall be subject to the amount of the cash benefits in respect of accidents, which are dependent on the annual earnings of the annual earnings. (2) Paragraph 1 shall not apply, in respect of reference periods of 1 January 1969, in accordance with Articles 10 and 11 of this Directive.
as far as the cash benefits in the agricultural accident insurance are calculated according to an average annual work earnings,
as far as the cash benefits are granted on the basis of Section 12 (2) of the Tenth Pension Adjustment Act. (3) As cash benefits within the meaning of paragraph 1, a performance in accordance with § 27 of the Social Insurance Act Saar of 15 June 1963 (Bundesgesetzbl. 402), which is to be granted by a carrier of the 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 (Reich Insurance Code) as amended by the Law for the Reregulation of the Law of the Legal Accident Insurance of 30 April 1963 (Bundesgesetzbl. I p. 241) shall be considered as the year of the accident the year for which the annual employment service has been last fixed. Unofficial table of contents

§ 10

(1) The amount of cash benefits shall be adjusted in such a way as to be calculated on the basis of an annual work earnings multiplied by 1,033. For those according to § 27 of the Social Insurance Act Saar of 15 June 1963 (Federal Law Gazette). 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) of the cash benefit (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 as to result from the date of 1 January In 1967 the amount is calculated. Unofficial table of contents

§ 11

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

Third Section
Common rules and final provisions

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§ 12

(1) Pensions from the pension insurance of the workers and the employees who 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 Law and Article 2 (41) of the Federal Insurance Law and the pensions referred to in Article 2 (2), which meet with a pension from the statutory accident insurance scheme, may be applied after Application of § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung), § § 55, 56 of the German Reich Insurance Employment Insurance Act and § § 75, 76 of the Reichsknappschaftsgesetz, together with the pension from the accident insurance, do not fall below the amount paid as the sum of these pensions for December 1963; child support and Children's allowances remain unaccounted for. 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 according to the first section does not result in a higher amount than the previous payment amount, it is to be further paid. (2) Is a cash benefit of the statutory accident insurance, which is based on the previous legal If it has been or should have been found to have been found to be higher than it would be in the course of adjustment after the second section, the person entitled to do so shall be granted the higher performance.

Footnote

§ 12 (1) italic print: § § 1278 to 1286 RVO deed. By Article 6 N ° 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 Unofficial table of contents

§ 13

(1) Where:
the benefits of the victims of war victims under the Federal Supply Act and the laws that declare the Federal Supply Act applicable,
the war-related pension and the aid for subsistence in accordance with the burden-equalisation law,
the aid for living under the law on aid 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 payment grants) in accordance with the Housing Act, as amended by the Notice of 1 April 1965 (Bundesgesetzbl. 177) and
Federal aid to compensate for hardship in occupational retirement provision according to the guidelines of 17. October 1951 (Federal Gazette No. 204 of 20 October). October 1951)
the granting or the amount of the benefits depends on other income, the increases which are to be made for the months of January to and including May 1969 on the basis of the provisions of this Act shall, for the period referred to above, remain: the investigation of income is not taken into account. 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 for the maintenance, improvement or re-establishment of earning capacity by a pension insurance institution (2) Paragraph 1 shall apply in the Saarland, with the proviso that the Federal Compensation Act and the burden-equalisation act shall be applied at the To take account of their version in the Saarland. Unofficial table of contents

§ 14

(1) Each pensioner shall be notified in writing of the amount of his pension to which he is entitled from 1 January 1969. (2) Any subsequent verification that the adjustment is in error shall be corrected. 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 correction is only admissible until 31 December 1969. (3) § § 627 and 1300 of the Reichsversicherungsordnung (Reichsversicherungsordnung), § 79 of the German Insurance Act and § 93 (1) of the German Reich Nappa Rights Act remain unaffected.

Footnote

Section 14 (3) italic print: § § 627 u. 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 Unofficial table of contents

§ 15

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

§ 16

This Act shall enter into force on the day following the date of delivery.