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Fourteenth law on the adjustment of pensions from statutory pension schemes and on the adjustment of cash benefits from statutory accident insurance

Original Language Title: Vierzehntes Gesetz über die Anpassung der Renten aus den gesetzlichen Rentenversicherungen sowie über die Anpassung der Geldleistungen aus der gesetzlichen Unfallversicherung

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Fourteenth law on the adjustment of pensions from statutory pension schemes and on the adjustment of cash benefits from statutory accident insurance (Fourteenth Pension Adjustment Act-14). RAG)

Unofficial table of contents

14. RAG

Date of completion: 10.08.1971

Full quote:

" Fourteenth pension adjustment law of 10 August 1971 (BGBl. I p. 1257) "

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: 14. 8.1971 + + +) 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 schemes, the change in the general assessment base for 1971 shall give rise to the insured and survivor ' s pension from insurance cases which have occurred in 1970 or earlier, for Reference periods of 1 January 1972 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 Law on the Reregulation of the Employment Insurance Act in 1971, 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 1971 and the contribution ceiling of the scarcity 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 the year 1971 are to be applied. consideration. The provisions of Section 98a (2) sentence 1 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) shall apply to the compensation of the 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 arise if the pension is relocated 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 2.5618 multiplied and the children's allowance for each child after the general The calculation basis for the year 1971 would be calculated; 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 ... Year-long insurance pension DM/monthwidows and widower s rents DM/month
50 and more 1,370,90 822,60
49 1,343,50 806,10
48 1,316,10 789.70
47 1,288,70 773,20
46 1,261,30 756.80
45 1,233,80 740.30
44 1,206,40 723,90
43 1,179,00 707,40
42 1,151,60 691,00
41 1,124,20 674,50
40 and less 1,096,70 658.10
(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 18,643,90 Deutsche Mark, in Article 3 (1) of the Regulation, shall be replaced by the amount of 171,60 Deutsche Mark in the place of the amount of 7,650 Deutsche Mark. Deutsche Mark the amount of 440,20 Deutsche Mark, to the point of the amount of 471.60 Deutsche Mark the amount of 1.208.80 Deutsche Mark and in § 3 (2) of the Regulation to the point of the amount of 4.281 Deutsche Mark the amount of 10,967 Germans 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 1.063 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 1,095 and the children's allowance for each child would be calculated in accordance with the general assessment base of 1971; 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 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. 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 the pension payment amount for January 1972 without 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 with 0,9787, in the case of crunch pensions due to invalidity, in the case of pensions, and in the survivors' pensions calculated in accordance with § 69 (2) and (6) of the Reichsknappschaftsgesetz (Reichsnappschaftsgesetz) with 0,9545; this shall apply to benefits 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 Thirteenth Pension Adjustment Act, the amount of the pension payment shall be replaced by the amount referred to in the first sentence of sentence 1, (2) In those cases where no pension has been paid in January 1972 or the amount of the payment of the amount of the payment of the sum of the total amount of the pension paid in January 1972, the amount of the payment of the pension shall be determined by the amount of the pension. Pension after 31 December 1971 shall change, shall replace the amount of the pension in the sense of the Paragraph 1 of the amount which would have been payable for January 1972 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

Benefits according to § § 27 and 28 of the Social Insurance Act Saar of 15 June 1963 (Bundesgesetzbl. 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: On the basis of past insurance periods, it would result. 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 the cash benefits and the care allowance from the 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 balance between the calendar years 1969 and 1970 shall be subject to the amount of the amount of cash benefits paid by the annual employment service for accidents which have occurred in the years 1969 or earlier, and the care allowance for reference periods of 1 January 1972 has been adjusted in accordance with § § 10 and 11. (2) Paragraph 1 shall not apply,
as far as the cash benefits in the agricultural accident insurance are calculated according to an average annual work earnings, to the extent that the cash benefits are granted on the basis of section 12 (2) of the Thirteenth Pension Adjustment Act. (3) The cash benefit within the meaning of paragraph 1 shall also apply to a performance in accordance with Section 27 of the Social Insurance Act Saar of 15 June 1963 (Federal Law Gazette). 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 Section 573 (1) and § 577 of the Reich Insurance Code as amended by the Law for the Reregulation of the Law of the statutory accident insurance of 30 April 1963 (Federal Law Gazette). 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 1,127. 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 § 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) The allowance shall be adjusted in such a way that the amount to be paid in January 1972 is to be combined with 1.127. 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

Unofficial table of contents

§ 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 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 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 Second Housing Law of 14 December 1970 (Bundesgesetzbl. 1637) 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 May 1972 under the provisions of this Act shall, for the period referred to above, remain the same for the period referred to in 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 Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) shall take account of the provisions in force in the Saarland. The text shall be applied. Unofficial table of contents

§ 14

(1) Each pensioner shall be informed in writing of the amount of his pension to which he is entitled on 1 January 1972. (2) The subsequent review shall be corrected if the adjustment is in error. 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 1972. (3) § § 627 and 1300 of the Reichsversicherungsordnung (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

Fourth Section

Unofficial table of contents

§ 15

-

Fifth Section
Final provisions

Unofficial table of contents

§ 16

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

§ 17

The provision of § 15 occurs with effect from 1 January 1972, and the other provisions enter into force on the day after the announcement.