Fifteenth 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: Fünfzehntes 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_15/BJNR019920972.html

Fifteenth law on the adjustment of pensions from the statutory pension insurance, as well as the adjustment of cash benefits under the statutory accident insurance (fifteenth pension adjustment Act - 15 RAG) 15 RAG copy date: 16.10.1972 full quotation: "fifteenth pension adjustment Act of October 16, 1972 (BGBl. I S. 1965, 1992)" 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: 19.10.1972 +++) the G as article 5 G 826 26 v. 16.10.1972 I 1965 (RRG) by the German Bundestag, with the consent of the Federal Council decided. It is as per article 6 article 8, paragraph 1 of this G on the 1.1.1973 entered into force.
First section adjustment of pensions from the statutory pension insurance § 1 (1) in the statutory pension insurance the insured person and pensions from insured events that have occurred in the years 1971 or earlier, be adapted on the occasion of the change of the general basis of assessment for the year 1972 for reference periods of July 1, 1972 in accordance with paragraphs 2 to 8 of this article.
(2) also that pursuant to article 2 include pensions in the sense of paragraph 1 of article 38, paragraph 3, sentences 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, article 37, paragraph 3, sentences 1 and 2 of the Angestelltenversicherungs new Regulation Act in 1972 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 1972 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 article 9 referred to in article 2 applicable annual amounts to take into account paragraph 1a of the Knappschaftsrentenversicherungs new Regulation Act for insured events of the year 1972. 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: § 1282 para 2 go to start. Article 2 No. 27 G v. 1.12.1981 I 1205, section 59 para 2 AVG go up. by article 3 No. 3 G v. 1.12.1981 I 1205 mWv 5.12.1981, § 79 paragraph 2 go to RCC. by article 4 No. 5 G v. 1.12.1981 I 1205 § 2 italic: §§ 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 § 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, how she would arise after application of the Ruhensvorschriften once again changed the pension and it prior to application of the Ruhensvorschriften the full amount of pension without child support for each child and without increasing amounts reproduced from contributions of the supplementary insurance with 2,805 and the child support would be calculated for each child after the general basis of assessment for the year 1972 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 1.501,00 900,60 49 1.471,00 882,60 48 1.441,00 864,60 47 1.411,00 846,60 46 1.381,00 828,60 45 1.350,90 810,60 44 1.320,90 792,60 43 1.290,90 774,60 42 1.260,90 756,50 41 1.230,90 738,50 40 and less 1.200,80 720,50 (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 20.413,60 Deutsche mark, in section 3, paragraph 1, of the regulation on the point of the amount of 171,60 Deutsche mark the amount of 481,80 Deutsche mark, at the point of the amount of 471,60 Deutsche mark the amount of 1.323,30 Deutsche mark and in section 3, paragraph 2 of regulation at the point the amount of 4,281 Deutsche mark the amount of 12.008 Deutsche Mark occurs.
Footnote section 3 para 3 italic: see changes d. V v. 9.7.1957 by article 1 V v. 29.7.1981 I 740; V v. 9.7.1957 I 704 go up. by article 83 No. 8 G v. 18.12.1989 I is 2261 mWv 1.1.1992 other pensions are article 4 (1) to customize, that is a pension, as she would result, if; reproduced with 1,095 adjustment amount to be determined according to paragraph 5 of this article 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 1,087 and calculates the children grant for each child after the general basis of the year 1972 Discrepancies due to rounding are allowed. The increase amounts from contributions of the supplementary insurance shall remain unaffected. § 2 para 1 sentence 4 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, to apply section 5 subsection 1 sentence 3 of this article's.

§ 5 (1) amount of adjustment is the pension amount for July 1972 without child support for each child and no costs of increase in in the cases of § 4 of this article from 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 of this article for Knappschaft pensions for 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 0,9783, at Knappschaft pensions due to incapacity for work, reproduce associations ruhegeldern and 0,9524 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 fourteenth 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 July 1972 occurs at the point of the pension number amount within the meaning of sentence 1.
(2) in the cases where July 1972 no pension has been paid or the amount of the pension changes after June 30, 1972, the amount that is payable would have been for July, 1972, when the conditions for the fulfilment of the claim is then passed takes the place of the pension number 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 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 article on the basis of previous insurance periods.

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 adjustment of cash benefits and the long-term care benefit from the statutory accident insurance are § 9 (1) of the statutory accident insurance in occasion of the change of the average Bruttolohn-and salary sum between the calendar years 1970 and 1971 adjusted the year earnings-dependent cash benefits for accidents that have occurred in 1970 or earlier in the year and the care allowance for reference periods from January 1, 1973 in accordance with §§ 10 and 11 of this article.
(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 fourteenth 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 1,119. 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) the care allowance is adjusted in such a way that the amount to be paid in January 1973 with 1,119 is 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 sentences 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 adapt according to paragraphs 2 and 3 of this article 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 section 41 of the Angestelltenversicherungs new regulatory law and in § 2 para 2 of this article, 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.

§ 13 the amount for the period from 1 July 1972 to December 31, 1972 is ignored in determining other income, if in benefits on the basis of a law or other legislation is dependent on the granting or the amount of other income.

Section 14 (1) any pension recipients is a written notice of the amount of his pension, which he is entitled to by January 1, 1973, 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, 1973.
(3) §§ 627 and 1300 of the Reichsversicherungsordnung, section 79 of Angestelltenversicherungsgesetzes and article 93, paragraph 1 of the Kingdom Associations Act remain unaffected.
Fourth section § 15 - fifth section of transitional provisions article 16 (1) determining the increase amounts for reference times of 1 July 1972 to 31 December 1972 is to consider the pension for December, 1972. For pensions which have lapsed after 30 June 1972 and before December 1, 1972, the pension of the month is when determining the amount of increase to be based, in which the pension has been removed; This boost will be paid only on request.
(2) in the case of pensions, which meet with a pension under the statutory accident insurance and on which the sections 1278 and 1279 of the Reichsversicherungsordnung to apply sections 55 and 56 of the Angestelltenversicherungsgesetzes or sections 75 and 76 of the imperial associations Act are, 9.5 per cent of the number amount of the pension for December 1972 without child support is for reference times of 1 July 1972 until December 31, 1972 as a monthly amount , no increase in costs from the supplementary contributions and miners pensions insurance without having to pay performance payment. § 5 para 1 sentence 3 of this article shall apply mutatis mutandis. Which is pursuant to sentence 1 resulting amount is computed children grant for each child and the miners pensions insurance also 8.7 per cent of the performance payment to increase the amount of difference between the after the general basis of assessment for the year of 1971, after the general basis of assessment for the year 1972. Paragraph shall apply accordingly 1 sentence 2.
(3) the increase amounts for the period from 1 July 1972 to December 31, 1972 are separated by the current pension payment in November 1972 to pay.