Twelfth Law On The Adjustment Of Pensions From The Statutory Pension Insurance, As Well As The Adjustment Of Cash Benefits Under The Statutory Accident Insurance (Art. 4 D. Third Rentenversicherungs-Amendments Act - 3. Rvändg)

Original Language Title: Zwölftes Gesetz über die Anpassung der Renten aus den gesetzlichen Rentenversicherungen sowie über die Anpassung der Geldleistungen aus der gesetzlichen Unfallversicherung (Art. 4 d. Dritten Rentenversicherungs- Änderungsgesetzes - 3. RVÄndG)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/rag_12/BJNR009690969.html

Twelfth law on the adjustment of pensions from the statutory pension insurance, as well as the adjustment of cash benefits under the statutory accident insurance (article 4 d. third Rentenversicherungs-amendments Act - 3. RVÄndG) (twelfth pension adjustment Act - 12 RAG) 12 RAG copy date: 28.07.1969 full quotation: "twelfth pension adjustment Act of July 28, 1969 (BGBl. I p. 956, 969)" footnote according Article 5 § 2 G v. 28.7.1969 I 956 applies this G in accordance with d. § 13 ABS. 1 d. of 3 ÜberleitungsG 603-5 in Berlin, Germany; the G is § 3 para 1 as per article 5 G v. 28.7.1969 I 956 at the 1.8.1969 entered into force.
The provision shall not apply in the area referred to in article 3 of the Unification Treaty com. Encl. I Cape. VIII Sachg. H section I no. 16 EinigVtr v. 31.8.1990 in conjunction with art. 1 G v. 23.9.1990 II 885, 1057 (+++ text detection from: 1 8.1969 +++) input formula the Bundestag has decided with the consent of the Federal Council the following law: first section adjustment of pensions from the statutory pension insurance § 1 (1) in the statutory pension insurance the insured person and pensions insurance cases are on the occasion of the change of the general basis of assessment for the year 1969 , the 1968 or earlier have occurred in the year, adapted for cover time from January 1, 1970 in accordance with paragraphs 2 to 8 of this article.
Also that pursuant to article 2 (2) include pensions within the meaning of paragraph 1 section 38, paragraph 3, sentence 1 and 2 of the Arbeiterrentenversicherungs new Regulation Act and article 2 increased pensions, Knappschaft compensation according to section 98a of the imperial associations Act and the performance under §§ 27, section 37, paragraph 3, sentence 1 and 2 of the Angestelltenversicherungs new Regulation Act in 1969 28 of the social security adjustment Act Saar by June 15, 1963 (Bundesgesetzbl. I P. 402).
(3) the provisions of paragraph 1 shall not apply to the wages of the associations.

Section 2 (1) pensions, according to the § 1253ff. the Reichsversicherungsordnung, §§ 30ff. the Angestelltenversicherungsgesetzes or §§ 53ff. Empire associations law are calculated, to adapt, that is a pension as they are to last half sentence of Angestelltenversicherungsgesetzes and article 54, paragraph 1 would result in last half-sentence of the Empire associations law as well as the reduction and Ruhensvorschriften after application of section 1255, paragraph 1, last half-sentence, the Reichsversicherungsordnung, article 32, paragraph 1, when calculating the pension without changing the other factors on the basis of the general basis of assessment for the year of 1969 and of the contribution assessment ceiling of the miners pensions for this year was going to be. Discrepancies due to rounding are allowed. Services or performance shares from the miners pensions insurance, you are § 9 Article 2 applicable annual amounts to take into account paragraph 1a of the Knappschaftsrentenversicherungs new Regulation Act for insured events of 1969. Section 98a paragraph 2 sentence 1 of the Kingdom associations law with the proviso that leave the performance payment to be granted for the month of December, 1969 in half is the insured applies to associations of compensation. § 1282 para 2 the Reichsversicherungsordnung, section 59 para 2 of the Angestelltenversicherungsgesetzes or § 79 par. 2 of the Kingdom Associations Act applies in cases where the section 1278, 1279 of the Reichsversicherungsordnung, §§ 55, 56 of the Angestelltenversicherungsgesetzes or sections 75, 76 of the imperial associations Act have been applied.
(2) paragraph 1 does not apply to pensions, where section 1253 para 2 sentence 5 alone or in conjunction with section 1254 para 2 sentence 2, § 1268 para 2 sentence 2 of the Reichsversicherungsordnung, § 30 para 2 sentence 5 alone or in conjunction with article 31, paragraph 2, sentence 2, § 45 para 2 sentence 2 of the Angestelltenversicherungsgesetzes, § 53, paragraph 3, sentence 5 alone or in conjunction with article 53, paragraph 5, sentence 2 , § 69 para 2 sentence 2 of the Kingdom Associations Act, article 2 paragraph 38, paragraph 3, sentence 4 second half-sentence of the Arbeiterrentenversicherungs new Regulation Act or article 2 article 37, paragraph 3, sentence 4 second half-sentence of the Angestelltenversicherungs new control law has been applied.
(3) paragraph 1 shall apply accordingly for pensions of the miners pension transferred under article 2 § 24 para 5 of the Knappschaftsrentenversicherungs new regulatory law.
Footnote 2 section italics: §§ 1253-1256, go to sections 1267 till 1286 RVO. by art. 6 Nr. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 § 2 paragraph 1 sentence 4 italics: § 1282 para 2 go to start. Article 2 No. 27, section 59 para 2 AVG go up. by article 3 No. 3 and § 79 paragraph 2 go to RCC. by article 4 No. 5 G v. 1.12.1981 I 1205 mWv 5.12.1981 § 3 (1) pensions under article 2 §§ 32-35 of the Arbeiterrentenversicherungs new Regulation Act or article 2 § § 31-34 of the Angestelltenversicherungs new regulatory law are to adapt, resulting a pension, as she would result after application of the Ruhensvorschriften, when the pension again converted and this prior to application of the Ruhensvorschriften reproduced from contributions of the supplementary insurance with 2,2845 the full amount of pension without child support for each child and no costs of increase in and child support would be calculated for each child after the general basis of assessment for the year 1969 Discrepancies due to rounding are allowed. § 2 para 1 sentence 4 of this article shall apply.
(2) article 2 § 33 of the Angestelltenversicherungs new regulatory law § 34 of the Arbeiterrentenversicherungs new Regulation Act and article 2 are to apply subject to the proviso that the following values are to be based in place of the values referred to in these regulations: when an insurance period of... Years insured pensions DM/month widows and widowers pensions DM/month 50 and more 1222.50 733,50 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 Ruhensvorschriften of the Reichsversicherungsordnung and the Angestelltenversicherungsgesetzes to be converted to pensions of the pension insurance of workers and employees of 9 July 1957 (Bundesgesetzbl. I S. 704) apply subject to the proviso that in article 1, par. 3 and § 2 para 4 of the regulation in place of the amount of 7650 Deutsche mark the amount of 16.626 Deutsche mark, in section 3, paragraph 1, of the regulation on the point of the amount of 171,60 Deutsche mark the amount of 392,70 Deutsche mark, on the point of the amount of 471,60 Deutsche mark the amount of 1.078,10 Deutsche mark and in section 3, paragraph 2 of regulation at the point the amount of 4,281 Deutsche mark the amount of 9.780 Deutsche Mark occurs.

Other pensions are article 4 (1) to customize, that yielded a pension as she would result if the adjustment amount to be determined according to paragraph 5 of this article with 1,0635 and the performance payment of miners pensions insurance and the amount to belassende according to § 75 paragraph 1 sentence 2 of the Kingdom Associations Act with 1,0526 copied and the child allowance for each child would be charged according to the general tax base of 1969; Discrepancies due to rounding are allowed. The increase amounts from contributions of the supplementary insurance shall remain unaffected. § 2 para 1 sentence 3 of this article shall apply.
(2) pensions referred to in paragraph 1, which meet with a pension under the statutory accident insurance and on which the §§ 1278, 1279 of the Reichsversicherungsordnung, §§ 55, 56 of the Angestelltenversicherungsgesetzes or sections 75, 76 of the imperial associations Act to apply are, to adapt so that they reach at least the amount, resulting a) for pensions from insurance claims after December 31, 1956 and pensions with benefits or performance parts from the miners pensions insurance , when according to paragraph 2 of this article, b) on other pensions of insurance cases before January 1, 1957, when they would be adjusted according to paragraph 3 of this article. Sentence 1 shall apply accordingly for pensions referred to in paragraph 1, the section 5, subsection 1, sentence 3 is to apply.

§ 5 (1) amount of adjustment is the pension amount for January 1970 before deduction of the amount withheld for the health insurance of retirees without child support for each child and no costs of increase in from contributions of supplementary insurance in cases of § 4 of this article. Miners pensions insurance, the pension payment amount reduced also by the performance contract and the amount to be according to § 75 paragraph 1 sentence 2 of the Kingdom Associations Act. The resulting pursuant to sentences 1 and 2 amount is before application of § 4 para 1 of this article for Knappschaft pensions because of disability according to § 53 para 2 sentence 1 second half-sentence of the imperial associations Act and survivor's pension calculated in accordance with section 69, paragraph 1, of the imperial associations act with 0,9796, at Knappschaft pensions due to incapacity for work, reproduce associations ruhegeldern and 0,9583 survivor's pensions calculated according to § 69 para 2 and 6 of the imperial associations Act; This applies accordingly to performance shares from the miners pensions insurance, but not for performance shares included in the miners pensions insurance pension from the pension insurance of workers and employees. Results in renewed examination, that the pension has been incorrectly identified, converted or adapted in accordance with the first and eleventh of pension adjustment Act, the amount that would arise after renewed application of the rules on the identification, conversion and adaptation as a pension payment amount for January 1970 occurs at the point of the pension payment amount within the meaning of sentence 1.
(2) in the cases where in January 1970 no pension has been paid or the amount of the pension changes after 31 December 1969, the amount that is payable would have been in January 1970, when the conditions for the fulfilment of the claim is then passed takes the place of the pension payment amount within the meaning of paragraph 1.

§ 6 (1) for pensions from pension insurance of the workers and the pension insurance of employees, which are adapted according to paragraph 4 of this article is article 2 § 34 of the Arbeiterrentenversicherungs new Regulation Act or article 2 § 33 of the Angestelltenversicherungs new control law on the basis of the values according to § 3 para 2 of this article application.
(2) insured persons pensions of the miners pensions without child support and performance payment, which are adapted according to paragraph 4 of this article, shall not exceed the computation applicable to the insured. Sentence 1 applies to pensions with the proviso that at the point of governing to the insured computation on pensions after the sections 64, 65, 66 of the imperial associations Act six tenths in pensions to orphans a one-tenth and one-fifth of the computation of the insured occurs in pensions to orphans.
(3) insured persons pensions - without child support and performance payment - as well as pensions from insurance claims after December 31, 1956, which meet with a pension under the statutory accident insurance adjusted according to paragraph 4 of this article, may together in the §§ 1278, 1279 the Reichsversicherungsordnung, sections 55, 56 of the Angestelltenversicherungsgesetzes, or in sections 75, 76 of the imperial associations Act referred to limits that are taken into account when calculating the pension according to section 2 of this article , do not exceed. Sentence 1 shall apply for the pensions of insurance cases before January 1, 1957, when services or performance shares to grant are the miners pensions insurance.
(4) adjusted the rest pensions and insurance cases before January 1, 1957, who meet with a pension under the statutory accident insurance according to section 4 of this article 56 of the Angestelltenversicherungsgesetzes, not exceed that allowed § the Reichsversicherungsordnung or which together in 1278, 1279 in §§ 55, referred to limits which are to be included in the calculation of the pension according to section 3 of this article.

§ 7 (1) benefits under sections 27 and 28 of the social security adjustment Act Saar by June 15, 1963 (Bundesgesetzbl. I p. 402) are to adapt, that is an amount as he is at of Saarland law No. 345 in the version of the notice of July 29, 1953 (Amtsblatt of des Saarlandes S. 520) and would result in the provisions of this Act on the basis of previous insurance periods.
(2) are insurance cases in the years 1964 to 1967 when determining benefits under section 28 of the social security adjustment Act Saar by June 15, 1963 (Bundesgesetzbl. I p. 402) the reference values relevant for the year of the insured event has been applied and is to adapt these services to the eleventh pension adjustment Act of 19 November 1968 (Bundesgesetzbl. I p. 1189) there have been no the application of § 2 para 1 sentence 3 and section 5 subsection 1 sentence 3 of eleventh of pension adjustment Act, the number of 0.96 shall enter the words "one-third" and application of § 5 para 1 sentence 3 of this article in the place of number of 0,9796 for application of § 2 para 1 sentence 3 of this article in place of the words "half" and the place number of 0,9583 the number of 0.92.

Article 8 the provisions of this section shall apply in the Saarland, taking into account the version, apply in sections 1 to 7 of this article in the regulations listed in the Saarland in article 2 section 15 of Act No. 591 to the introduction of the Arbeiterrentenversicherungs new regulatory law in the Saar region by July 13, 1957, even for pensions, (Official Journal of the Saarland p. 779), article 2 article 17 of Act No. 590 to Angestelltenversicherungs new regulatory legislation in the Saar region of 13 July 1957 (Amtsblatt of des Saarlandes p. 789) and Article 4 article 9 of Act No. 635 to the introduction of the Empire Associations Act and the Knappschaftsrentenversicherungs new Regulation Act in Saarland by June 18, 1958 (Official Journal of the Saarland S. 1099) be granted.
Second section § 9 (1) of the statutory accident insurance adjustment of cash benefits under the statutory accident insurance will cause of the changes in the average Bruttolohn-and salary sum between the calendar years 1967 and 1968 the year earnings-dependent cash benefits for accidents that have occurred in 1967 or earlier, in the year reference periods of January 1, 1970 in accordance with §§ 10 and 11 of this article adapted for.
(2) paragraph 1 shall not apply as far as cash benefits in the agricultural accident insurance are calculated according to an average annual earnings, as far as cash benefits on the basis of § 12 para 2 of the eleventh of pension adjustment Act are granted.
(3) also a performance considered cash benefits within the meaning of paragraph 1 under section 27 of the social security adjustment Act Saar by June 15, 1963 (Bundesgesetzbl. I p. 402), which is to grant 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 the accident insurance from March 9, 1942 (Reichsgesetzbl. I p. 107) and in the cases of sections 573 para 1, 577 of the Reichsversicherungsordnung amended the law to the rule of law of the statutory accident insurance from April 30, 1963 (Bundesgesetzbl. I p. 241) the year for which the annual earnings has been set last considered accident year.

§ 10 (1) cash benefits be adjusted in such a way that they are calculated according to a year earnings multiplied with 1,061. For according to section 27 of the social security adjustment Act Saar by June 15, 1963 (Bundesgesetzbl. I p. 402) to granting cash benefits, without a reduction pursuant to § 9 of the Saarland Act No. 345 in the version of the notice of 29 July 1953 is considered the year earnings the amount, (Official Journal of the Saar p. 520) of the cash benefit is based.
(2) as far as cash benefits on the basis of a year work earnings are calculated, the Betrag in the articles of Association of the insurance carrier is numerically, they are adapted in the way that they are calculated on the basis of the amount of applicable on 1 January 1968.

§ 11 the reproduced year earnings may not exceed the amount of 36,000 Deutsche mark, except that a higher amount has been determined in accordance with section 575, paragraph 2, sentence 2 and 3 of the Reichsversicherungsordnung. In this case, mark the higher amount occurs in place of the amount of 36,000 German.
Third section common provisions and final provisions § 12 (1) pensions from pension insurance of the workers and the employees who are to adapt, according to paragraphs 2 and 3 of this article pensions with benefits or performance shares from the miners pensions, pensions under article 2 § 42 of the Arbeiterrentenversicherungs new Regulation Act and article 2 referred to in section 41 of the Angestelltenversicherungs new regulatory law and in § 2 para 2 of this article pensions, which meet with a pension under the statutory accident insurance that section allowed the Reichsversicherungsordnung, §§ 55, after application of § 1278, 1279 56 of Angestelltenversicherungsgesetzes and articles 75, 76 of the Kingdom Associations Act along with the pension from accident insurance the amount fall below, which paid sum those pensions for December, 1963; Children grants and allowances shall be disregarded. Sentence 1 shall apply also in cases of § 1282 1 of the Reichsversicherungsordnung, section 59 para 1 of the Angestelltenversicherungsgesetzes and § 79 par. 1 of the Kingdom Associations Act. The customization is no higher than the previous amount, in other cases after the first section this is to continue to pay.
(2) a payment of statutory accident insurance, which has been determined on the basis of the existing legal regulations or would have to be determined, is higher than it would be in the adjustment after the second section, is to grant the higher performance to the owner.
Footnote § 12 italic: §§ 1278 until 1286 RVO go up. by article 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 § 13 (1) as far as when the services of war victims after the Federal and the laws that explain the Federal applicable, war-damage pensions and the ongoing aid according to the balancing act, the ongoing aid according to the law on assistance for Germans from the Soviet occupation zone of in Germany, and the Soviet-occupied sector of Berlin , the benefits under the federal compensation law, the Federal Social Assistance Act and the Act for youth welfare, the housing benefit (rent and expense subsidies) under the Housing Act as amended by the notice of 1 April 1965 (Bundesgesetzbl. I p. 177), the Federal aid to compensate for hardship in the context of operating old according to the guidelines of October 17, 1951 (Federal Gazette No. 204 of 20 October 1951) and the services according to the reparation claims Act by February 12, 1969 (Bundesgesetzbl. I S. 105)
the granting or the amount of other income depending on is, remain the boost amounts, to provide for the months January including May 1970 on the basis of the provisions of this article are not taken into account for the period in the investigation of income. Boost amounts for the period referred to in sentence 1 are also in the granting of transitional allowance during the implementation of measures to preserve, not to take into account improvement or recovery of earning a pension insurance institution and for the granting of benefits under the unemployment benefits, as well as the age help for farmers.
(2) paragraph 1 shall apply in the Saarland with the proviso that the federal compensation law and the balancing act, taking into account their amended in the Saarland are applicable.

Section 14 (1) any pension recipients is a written notice of the amount of his pension, which he is entitled to by January 1, 1970, to give.
(2) a later audit reveals that the adjustment is incorrect, it shall be corrected. The pension is to grant in the correction notice is delivered at their previous level until the end of the month. A recovery of überzahlter amounts does not take place. The rectification is allowed only until December 31, 1970.
(3) §§ 627 and 1300 of the Reichsversicherungsordnung, section 79 of Angestelltenversicherungsgesetzes and article 93, paragraph 1 of the Kingdom Associations Act remain unaffected.
Footnote § 14 para 3 italics: sections 627 & 1300 RVO go up. Article II § 4 No. 1, section 79 AVG go up. Article II § 6 No. 1 and article 93, paragraph 1 RKG go up. by article II sec. 8 No. 1 G v. 18.8.1980 I 1469 mWv 1.1.1981 § 15 recalculations or findings of benefits under section 28 of the social security adjustment Act Saar by June 15, 1963 (Bundesgesetzbl. I p. 402) is section 7 para 2 sentence 2 of the eleventh of pension adjustment Act of 19 November 1968 (Bundesgesetzbl. I p. 1189) no application.