Twelfth law on the adjustment of pensions from statutory pension schemes and on the adjustment of cash benefits from statutory accident insurance (Art. 4 d. Third pension insurance-amending act-3. RVÄndG) (Twelfth Retirement Adjustment Act-12. RAG)

Unofficial table of contents

12. RAG

Date of completion: 28.07.1969

Full quote:

" Twelfth Pension Adjustment Act of 28 July 1969 (BGBl. I p. 956, 969) "

Footnote

Gem. Art. 5 § 2 G v. 28.7.1969 I 956 this G shall apply in accordance with d. Section 13 (1) (d) 3. Superconductor G 603-5 in the Land Berlin; the G is gem. Art. 5 § 3 para. 1 G v. 28.7.1969 I 956 entered into force on 1.8.1969.
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: 1. 8.1969 + + +) 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 case of statutory pension insurance, the change in the general basis of assessment for the year 1969 provides for the insured and survivor ' s pension from insurance cases which occurred in 1968 or earlier, for (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 (2) of the Rules of the Workers' Insurance Reregulation Act. 37 (3) sentence 1 and 2 of the Law on the Reregulation of the Employee Insurance (Reregulation) in 1969 Pension 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 1969 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 Law on Insurance Cases for Insurance Cases of 1969 shall be: consideration. The provisions of Section 98a (2), first sentence, of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) shall apply to the provision of compensatory benefits, with the proviso that the insured person shall be halted in respect of the benefit surcharge which is to be granted for the month of December 1969. 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 N ° 24 G v. 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 2.2845 multiplied and the children's allowance for each child after the general The calculation basis for the year 1969 would be calculated; deviations due to rounding off are permitted. § 2 (1) sentence 4 of this Article 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 this Article, The values set out below 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	1,222,50	733.50
49	1.198,10	718.90
48	1,173,60	704.20
47	1,149,20	689.50
46	1,124,70	674,90
45	1.100.30	660,20
44	1,075,80	645.50
43	1.051.40	630,90
42	1,026,90	616,20
41	1,002,50	601,50
40 and less	978.00	586,80

(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 Section 1 (3) and (2) (4) of the Regulation, the amount of 16,626 Deutsche Mark, in Article 3 (1) of the Regulation, shall be replaced by the amount of 16,626 Deutsche Mark in lieu of the amount of 171,60 German marks. Mark the amount of 392.70 Deutsche Mark, to the point of the amount of 471.60 Deutsche Mark the amount of 1.078.10 Deutsche Mark and in § 3 para. 2 of the Regulation to the place of the amount of 4.281 Deutsche Mark enters the amount of 9,780 Deutsche Mark. Unofficial table of contents

§ 4

(1) The other pensions shall be adjusted in such a way as to result in a pension as it would arise if the amount of adjustment to be determined in accordance with Article 5 of this Article is 1.0635 and the benefits of the pension insurance scheme and the pension scheme are In accordance with Section 75 (1) sentence 2 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), the amount to be charged is multiplied by 1,0526 and the children's allowance for each child would be calculated in accordance with the general assessment basis of 1969; deviations due to rounding off are allowed. The increases in the amount of contributions from the higher insurance shall remain unaffected. § 2 (1) sentence 3 of this Article shall apply. (2) Pensions as referred to in paragraph 1, which meet with a pension from the statutory accident insurance and to which § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the The application of an insurance law or § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) must be adjusted in such a way that it reaches at least the amount which results from the following:

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 provided in accordance with Article 2 of this Article,

b)

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

would be adjusted. The first sentence of paragraph 1 shall apply to the pensions referred to in paragraph 1 to which the third sentence of Article 5 (1) applies. Unofficial table of contents

§ 5

(1) Adjustment amount is in the cases of § 4 of this Article of the pensionable amount for January 1970 before deduction of the amount withheld for the sickness insurance of 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 (1) of this article in the case of crunch pensions for occupational incapacity pursuant to § 53 (2) sentence 1 second sentence of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) and in accordance with § 69 (1) of the German law Survivors 'pensions calculated at 0,9796, in the case of invalidity pensions, in the case of pensions, and in the survivors' pensions calculated in accordance with § 69 (2) and (6) of the German Reichsnappschaftsgesetz (Reichsknappschaftsgesetz), with 0,9583; this shall apply in accordance with the benefits of the Pension insurance, but not the benefits of pension insurance for workers and employees in the pensions of the pension insurance scheme. If, in the event of a renewed examination, the pension has been found to be inaccurate, changed or adjusted in accordance with the provisions of the First and Eleventh Pension Adjustment Act, the amount of the sum of the pensionable amount referred to in the first sentence shall be replaced by the sum of the amount which shall be the sum of the amount of the pension. (2) In those cases where no pension has been paid in January 1970 or the amount of the pension is paid for in January 1970, the amount of the payment of the pension shall be the same as in January 1970. (2) In the cases where no pension has been paid in January 1970 or the amount of the pension after 31 December 1969, the amount of the pension shall be replaced by the amount of the pension in the sense of the Paragraph 1, the amount which would have been payable for January 1970 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 Article 4 of this Article, Article 2 (34) of the Workers ' Pension Insurance Act or Article 2 (33) of the Staff Pension Insurance Act shall apply. Employment Insurance-NeuRuleungsgesetz, based on the values provided for in Article 3 (2) of this Article. (2) Insurance rents of the crunch pension insurance without a child grant and no benefit surcharge, which according to § 4 of this In the case of the insured person, the relevant The pension base does not exceed the amount of the pension. 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 of this article, the provisions of § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung), § § 55, 56 of the German Insurance Act or the § § 75, 76 of the Reichsnappschaftsgesetz (Reichsnappschaftsgesetz) may be taken together. Limit amounts to be taken into account in the calculation of pensions in accordance with Article 2 of this Article. 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 of this Article, may be combined with the provisions of § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung) or in the § § § 55, 56 of the German Insurance Act (Act on the German Insurance Act) , the limits referred to in Article 3 of this Article in the calculation of the pension shall not exceed. Unofficial table of contents

§ 7

(1) Services in accordance with § § 27 and 28 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 the payment of an 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 the Saarland p. 520) and the provisions of this Act, is subject to the following conditions: (2) In the case of insurance cases from 1964 to 1967, they are in the case of the determination of benefits under Section 28 of the Social Insurance Act Saar of 15 June 1963 (Federal Law Gazette). 402) on the basis of the reference quantities applicable to the year of the insurance case and in the adjustment of these benefits under the Eleventh Pensions Adjustment Act of 19 November 1968 (Bundesgesetzbl. 1189), the application of Section 2 (1) sentence 3 and Section 5 (1) sentence 3 of the Eleventh Pension Adjustment Act (Pensions Adjustment Act) is not applicable, the words "one-third" shall be replaced by the words "half" in the application of the third sentence of Article 2 (1) of this Article. in the case of application of the third sentence of Article 5 (1) of this Article, the number 0,9796 shall be 0,96 and 0,9583 shall be the number 0,92. 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 of this article are to be applied in the Saarland, including for pensions, which according to Article 2 (15) of the Law No 591 concerning the 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 (Germany). of 13 July 1957 (Official Journal of Saarland p. 789) and Article 4 (9) of Law No 635 on Introduction of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) and the German Scarcity Pension Insurance (Knappschaftsrentenversicherungs-NeuRuleungsgesetz) in Saarland from 18 June 1958 (Official Journal of Saarland p. 1099).

Second section
Adjustment of cash benefits from statutory accident insurance

Unofficial table of contents

§ 9

(1) In the case of statutory accident insurance, the changes in the average gross wage and salary sum between the calendar years 1967 and 1968 shall be based on the amount of cash benefits in respect of accidents which are dependent on the annual employment service for accidents which have occurred in the following year: (2) Paragraph 1 shall not apply, in respect of reference periods of 1 January 1970, in accordance with the provisions of Sections 10 and 11 of this Article.
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 Eleventh Pension Adjustment Act. (3) As cash benefits within the meaning of paragraph 1, a benefit 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 cash benefits shall be adjusted in such a way as to be calculated on the basis of an annual work earnings multiplied by 1,061. 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 sum of the annual earnings, 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 1968, the relevant amount will be 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

Unofficial table of contents

§ 12

(1) Pensions from the pension schemes of the workers and employees who are to be adjusted in accordance with Articles 2 and 3 of this Article, pensions with benefits or benefits from the pension insurance scheme, pensions under Article 2 (42) of the Workers ' Pension Insurance-NeuRuleungsgesetz and Article 2 (41) of the Federal Insurance Law and the pensions referred to in Article 2 (2) of this Article, which meet with a pension from the statutory accident insurance scheme, may apply pursuant to § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung), § § 55, 56 the Federal 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 Where it has been established or should have been established, higher than would be the case for adjustment under the second section, the person entitled to be granted the higher benefit shall be granted.

Footnote

§ 12 italic pressure: § § 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 current aid under the burden-equalisation law,
the current aid under the law on aid 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),
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) and
the benefits under the reparation damage law of 12 February 1969 (Bundesgesetzbl. 105)
the granting or the level of benefits depends on other income, the amounts of increase to be paid for the months of January to May 1970 on the basis of the provisions of this Article 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 1970. (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 shall only be admissible until 31 December 1970. (3) § § 627 and 1300 of the Reichsversicherungsordnung, § 79 of the German Insurance Act and Section 93 (1) of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) 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

In the case of new calculations or findings of benefits pursuant to § 28 of the Social Insurance Act Saar of 15 June 1963 (Federal Law Gazette). 402) is to be found in Section 7 (2) sentence 2 of the Eleventh Pension Adaptation Act of 19 November 1968 (Bundesgesetzbl. 1189) do not apply.