Thirteenth 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: Dreizehntes Gesetz über die Anpassung der Renten aus den gesetzlichen Rentenversicherungen sowie über die Anpassung der Geldleistungen aus der gesetzlichen Unfallversicherung

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Read the untranslated law here: http://www.gesetze-im-internet.de/rag_13/BJNR010370970.html

Thirteenth law on the adjustment of pensions from the statutory pension insurance, as well as the adjustment of cash benefits under the statutory accident insurance (thirteenth pension adjustment Act - 13 RAG) 13 RAG copy date: 10.07.1970 full quotation: "thirteenth pension adjustment Act of July 10, 1970 (BGBl. I p. 1037)" footnote the rule does 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 1.1970 +++) 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 1970 , the 1969 or earlier have occurred in the year, adapted for cover time from January 1, 1971 in accordance with paragraphs 2 to 8.
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 according to §§ 27, section 37, paragraph 3, sentence 1 and 2 of the Angestelltenversicherungs new Regulation Act in 1970 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 1970 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 1970. Section 98a paragraph 2 sentence 1 of the Kingdom Associations Act 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 para 1 sentence 2: according to d. decision formula with the GG compatible gem. BVerfGE v. 3.10.1973 I 1820-1 BvL 30 / 71 - § 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 2,4102 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 1970 Discrepancies due to rounding are allowed. § 2 paragraph 1 sentence 4 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 1.289,80 773,90 49 1.264,00 758,40 48 1.238,20 742,90 47 1.212,40 727,50 46 1.186,60 712,00 45 1.160,80 696,50 44 1.135,00 681,00 43 1.109,20 665,60 42 1.083,40 650,10 41 1.057,60 634,60 40 and less 1.031,80 619,10 (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 17.540,60 Deutsche mark, in section 3, paragraph 1, of the regulation on the point of the amount of 171,60 Deutsche mark the amount of 414,20 Deutsche mark, on the point of the amount of 471,60 Deutsche mark the amount of 1.137,20 Deutsche mark and in section 3, paragraph 2 of regulation at the point the amount of 4,281 Deutsche mark the amount of 10.318 Deutsche Mark occurs.

Other pensions are article 4 (1) to adjust so that a pension is how she would result if the adjustment amount to be determined according to § 5 with 1,055 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 1,050 reproduced and the children grant for each child would be calculated according to the general basis of the year 1970. Discrepancies due to rounding are allowed. The increase amounts from contributions of the supplementary insurance shall remain unaffected. Section 2, subsection 1, sentence 3 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 , if they referred to in § 2, b) on other pensions of insurance cases before January 1, 1957, when they would be adjusted according to § 3. 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 1971 without child support for each child and no costs of increase in in the cases of § 4 contributions of supplementary insurance. 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 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 0,9792, at Knappschaft pensions due to incapacity for work, reproduce associations ruhegeldern and 0,9565 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 the workers and employees. Results in renewed examination, that the pension has been incorrectly identified, converted or adapted in accordance with the first and twelfth 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 1971 appears in place of the pension payment amount within the meaning of sentence 1.
(2) in the cases where January 1971 no pension has been paid or the amount of the pension changes after 31 December 1970, the amount that is payable would have been for January 1971, 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) in the case of pensions from pension insurance of the workers and the pension insurance of employees, which are adapted according to § 4, find 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 application.
(2) insured persons pensions of the miners pensions without child support and performance payment, which are adapted according to § 4, may 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 § 4, 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 pursuant to article 2 , 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 § 4 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 under section 3.

§ 7 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.

Article 8 the provisions of this section shall apply in the Saarland, taking into account the version, which referred to in article 2 apply in sections 1 to 7 in the regulations listed in the Saarland are 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 § 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 and the long-term care benefit from the statutory accident insurance will cause of the changes in the average Bruttolohn-and salary sum between the calendar years 1968 and 1969 adapted the year earnings-dependent cash benefits for accidents that have occurred in 1968 or earlier in the year and the care allowance for reference periods from January 1, 1971 in accordance with sections 10 and 11.
(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 article 12 para 2 of the twelfth of pension adjustment Act are provided.
(3) also a performance considered cash benefit 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 Article 573, paragraph 1 and of article 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 1,093. 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 Saarland p. 520) underlies the money.
(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 applicable on 1 January 1969.
(3) the care allowance is adjusted in such a way that the amount to be paid according to § 558 para 3 of the Reichsversicherungsordnung as amended by section 15 of this Act with 1,093 is to reproduce.

§ 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 at the point of the amount of 36,000 German.
Third section of common provisions article 12 (1) pensions from pension insurance of workers and employees, to customize according to paragraphs 2 and 3 are pensions with benefits or performance parts from the miners pensions insurance, pensions under article 2 § 42 of the Arbeiterrentenversicherungs new Regulation Act and article 2 pensions referred to in § 2 section 2 § 41 of the Angestelltenversicherungs new control law and that, with a pension from meet 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 p. 105) the granting or the amount of other income depending on is, remain the boost amounts, to provide for the months January including May 1971 on the basis of the provisions of this Act are not taken into account for the period in the investigation of the 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, 1971, 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 up to December 31, 1971.
(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 fourth section of §§ 15-17 - fifth section of transition and this law applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl final provisions § 18 - section 19. I p. 1) also in the Federal State of Berlin.

With effect from January 1, 1970, the remaining provisions § 20 which is provision of § 15 into force on the day after the announcement.