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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Fifteenth law on the adjustment of pensions from statutory pension schemes and on the adjustment of cash benefits from statutory accident insurance (fifteen years of pension adjustment law-15). RAG)

unofficial table of contents

15. RAG

Date of delivery: 16.10.1972

Full quote:

" Fifteenth Pension Adjustment Act of 16 October 1972. October 1972 (BGBl. 1965, 1992) "

Footnote

The rule does 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: 19.10.1972 + + +)
The G was found to be article 5 G 826-26 v. 16.10.1972 I 1965 (RRG) approved by the Bundestag with the consent of the Bundesrat. It's gem. Art. 6 § 8 (1) of this Act entered into force on 1 January 1973.

First section
Adjustment of pensions from statutory pension schemes

A non-official table of contents

§ 1

(1) The statutory pension insurance companies will be responsible for changing the general tax base for 1972 to the insured and Survivors ' pensions from insurance cases which occurred in 1971 or earlier, for reference periods of 1. July 1972 shall be adapted in accordance with § § 2 to 8 of this Article.(2) The pensions referred to in paragraph 1 shall also include those referred to in Article 2 (38) (3) (1) and (2) of the Workers 'Pension Insurance Act and Article 2 (37) (3) (1) and (2) of the Act on the Reregulation of the Workers' Pension Insurance Act in the year In 1972, pensions increased, the compensation of employees in accordance with § 98a of the German Reichsnappschaftsgesetz (Reichsknappschaftsgesetz) and the performance in accordance with § § 27, 28 of the Social Insurance Act Saar of the 15. June 1963 (Bundesgesetzbl. 402). (3) Paragraph 1 shall not apply to the Knappschaftssold. Non-official table of contents

§ 2

(1) Pensions, which are based on § § 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), last 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 The calculation basis for the year 1972 and the contribution ceiling of the pension insurance scheme for this year would be calculated; deviations due to rounding off are permissible. 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 Insurance Directive for Insurance Cases of the year 1972 are to be applied. shall be considered. The provisions of Section 98a (2) sentence 1 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) apply to compensatory benefits. 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 Act (Reichsversicherungsordnung) Employee insurance act or § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) have been applied.(2) Paragraph 1 does not apply to pensions in which § 1253 (2) sentence 5 alone or in conjunction with § 1254 (2) sentence 2, § 1268 para. 2 sentence 2 of the Reichsversicherungsordnung, § 30 para. 2 sentence 5 alone or in conjunction with § 31 para. 2 sentence 2, § 45 para. 2 Sentence 2 of the Federal Insurance Act, § 53 (3) sentence 5, alone or in conjunction with § 53 (5) sentence 2, § 69 (2) sentence 2 of the German Reichsnappschaftsgesetz (Reichsknappschaftsgesetz), Article 2 (38) (3) sentence 4, second half sentence of the The Workers 'Pension Insurance Reregulation Act or Article 2, Section 37 (3) sentence 4, second half-sentence of the Act on the Reregulation of the Workers' Insurance Directive has been applied.(3) Paragraph 1 shall apply in accordance with the pensions of the pension insurance scheme which are paid in accordance with Article 2 (24) (5) of the Statutory Pension Insurance (Knappschaftsrentenversicherungs-NeuRuleungsgesetz).

Footnote

§ 2 italic print: § 1282 para. 2 RVO. by Art. 2 No. 27 G v. 1.12.1981 I 1205, § 59 para. 2 AVG. by Art. 3 No. 3 G v. 1.12.1981 I 1205 mWv 5.12.1981, § 79 para. 2 RKG. by Art. 4 No. 5 G v. 1.12.1981 I 1205
§ 2 italic pressure: § § 1253 to 1256, § § 1267 to 1286 RVO. by Art. 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 Non-official table of contents

§ 3

(1) Pensions pursuant to Article 2 (32) to (35) of the The Workers ' Pension Insurance-NeuRuleungsgesetz or Article 2 (31) to (34) of the Law on the New Law of the Insurance Act must be adjusted in such a way as to result in a pension as would result from the application of the rules of rest, if the pension scheme is Pension reconverted and, before application of the rules of rest, the unshortened pension amount without a child subsidy for each child and without increasing amounts from contributions of the higher insurance with 2,805 multiplied and the children's subsidy for each The child would be calculated on the basis of the general assessment basis for the year 1972; deviations due to rounding off are permitted. § 2 (1) sentence 4 of this Article shall apply.(2) Article 2 (34) of the Workers 'Pension Insurance Law and Article 2 (33) of the Law on the Reregulation of the Workers' Insurance Act are to be applied with the proviso that, in place of the values set out in these provisions, the following values shall apply: :
For an insurance period of ... JahrenInsurance rents DM/month widows and widows DM/month
50 and more1.501,00 900, 60
491.471,00882.60
481.441.00864.60
471.411.00 846, 60
461.381,00828,60
451,350,90810,60
44 1.320, 90792,60
431.290,90 774, 60
421.260,90756,50
411,230,90738,50
40 and less 1.200, 80720.50
(3) The regulation on the application of the rules of rest of the Reich Insurance Code and the Employee Insurance Act to Pensions To Be Converted the pension insurance of workers and employees of 9. July 1957 (Bundesgesetzbl. 704) shall apply with the proviso that in § 1 (3) and (2) (4) of the Regulation, the amount of 20,413,60 Deutsche Mark, in Article 3 (1) of the Regulation, shall be replaced by the sum of 171,60 Deutsche Mark in the place of the amount of 7,650 Deutsche Mark. Deutsche Mark the amount of 481.80 Deutsche Mark, to the point of the amount of 471.60 Deutsche Mark the amount of 1.323.30 Deutsche Mark and in § 3 (2) of the Regulation to the position of the amount of 4.281 Deutsche Mark the amount of 12.008 German mark occurs.

Footnote

§ 3 (3) italic print: See. Changes d. V v. 9.7.1957 by Art. 1 V v. 29.7.1981 I 740; V v. 9.7.1957 I 704. by Art. 83 N ° 8 G v. 18.12.1989 I 2261 mWv 1.1.1992 Non-official table of contents

§ 4

(1) The remaining pensions should be adjusted in such a way as to give a pension as to how they are if the amount of the adjustment to be determined in accordance with § 5 of this Article is 1.095 and the benefit surcharge of the crunch pension insurance and the amount to be charged pursuant to section 75 (1) sentence 2 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) with 1.087 , and the children's allowance for each child would be calculated in accordance with the general assessment base of 1972; deviations due to rounding off are permitted. The increases in the amount of contributions from the higher insurance shall remain unaffected. § 2 (1) sentence 4 of this Article shall apply.(2) Pensions according to 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 § § 75, 76 of the German Insurance Act The application of the Law on Reichsknappschaftsgesetz must be adjusted in such a way that it reaches at least the amount which results from
a)
in insurance cases after the 31. December 1956 and in the case of pensions with benefits or benefits from the crunic pension scheme if, in accordance with Article 2 of this Article,
b)
for the rest of the Pensions from insurance cases before 1. January 1957, if they were to be adapted in accordance with Article 3 of this Article
The first sentence of Article 5 (1) of this Article shall apply to pensions in accordance with paragraph 1 of this Article. Non-official table of contents

§ 5

(1) Adjustment amount is in the cases of § 4 of this article of the pension payment amount for July 1972 without a child subsidy for each child and without any increase in the amount of contributions from 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 according to 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 with 0,9783, in the case of invalidity pensions, in the case of pensions, and with survivors' pensions calculated in accordance with § 69 (2) and (6) of the German Reichsnappschaftsgesetz (Reichsknappschaftsgesetz), with 0,9524; this applies accordingly to benefits from the pension insurance scheme, but not to benefits from pension schemes of the workers in the pension scheme of the pension insurance scheme and the employee. 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 fourteenth pension adjustment legislation, the amount of the pension shall be replaced by the sum of the sum of the sum of the pensionable amount, which would result from the renewed application of the rules on the establishment, conversion and adjustment of the pensionable amount for July 1972.(2) In cases where a pension has not been paid for July 1972 or the amount of the pension is paid after the 30 years of age. In accordance with paragraph 1, the amount which would have been payable for July 1972 shall be replaced by the amount which would have been payable in July 1972 if the conditions for the fulfilment of the claim had existed at that time. Non-official table of contents

§ 6

(1) In the case of pensions from the pension insurance of the workers and the pension insurance of the employees, who are insured pursuant to § 4 of this Article shall apply in accordance with Article 2 (34) of the Workers 'Pension Insurance Law, or Article 2 (33) of the Law on the Reregulation of the Workers' Insurance Act, on the basis of the values laid down in Article 3 (2) of this Article.(2) Insurance rents of the pension insurance scheme without a child allowance and without a benefit surcharge, which are adjusted in accordance with Article 4 of this Article, shall not exceed the pension basis for the insured person's insured person's basis. 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 basis for the insured person. Tenths and, in the case of pensions, one-fifth of the pension basis for the insured person is one fifth.(3) Insurance rents without a child allowance and no benefit surcharge as well as survivors ' pensions from insurance cases after the 31. December 1956, which meet with a pension from the statutory accident insurance and are adapted in accordance with § 4 of this Article, are allowed to cooperate in accordance with § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the German Social Insurance Act (Reichsversicherungsordnung) Employees ' insurance act or the limits specified in § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), which are to be taken into account in the calculation of the pensions in accordance with § 2 of this Article. The first sentence shall also apply to pensions from insurance cases before the 1. January 1957, when benefits or benefits are to be granted from the crunic pension scheme.(4) The other pensions from insurance cases before the 1. January 1957, which meet with a pension from the statutory accident insurance and are adapted in accordance with § 4 of this Article, may be combined in accordance with § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung) or in the § § 55, 56 of the German Insurance Code. The limit amounts mentioned in the calculation of the pension pursuant to § 3 of this Article shall not exceed the limit amounts mentioned in the Act on Employment Insurance. Non-official 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 a payment amount which, in the case of the application of the Saarland Law No 345, as amended by the notice of 29 November 2003, is applicable. July 1953 (Official Journal of the Saarland, p. 520) and the provisions of this Article would result in the current insurance periods. Non-official table of contents

§ 8

The provisions of this section shall apply in the Saarland, taking into account the version in which the provisions in § § 1 bis The provisions of this Article are to be applied in the Saarland, including pensions which, in accordance with Article 2 (15) of Law No 591, on 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 the Law of the State of Saarland in Saarland (Germany) of 13 July 1990. July 1957 (Official Journal of Saarland p. 789) and Article 4 (9) of Law No 635 on the introduction of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) and the Knappschaftsrentenversicherungs-NeuRuleungsgesetz in Saarland (18). June 1958 (Official Journal of the Saarland, p. 1099).

Second section
Adjustment of cash benefits and maintenance allowance from statutory accident insurance

Non-official table of contents

§ 9

(1) In the statutory accident insurance, the change in the average gross wage and the average gross wage -the amount of money paid between the calendar years 1970 and 1971, the amount of cash benefits paid by the annual earnings for accidents which occurred in 1970 or earlier, and the care allowance for reference periods of 1 January 2007. It was adapted in accordance with Articles 10 and 11 of this Article in January 1973.(2) Paragraph 1 shall not apply,
insofar as the cash benefits in the agricultural accident insurance are calculated on the basis of an average annual work earnings,
insofar as the cash benefits are calculated on the basis of § 12 para. 2 of the Fourteenth Pension adjustment legislation is granted.(3) A cash benefit within the meaning of paragraph 1 shall also be deemed to be a performance in accordance with Article 27 of the Social Insurance Act Saar of 15. June 1963 (Bundesgesetzbl. 402), which is to be granted by 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 Accident Insurance of 9. March 1942 (Reichsgesetzbl. 107) and in the cases of § 573 (1) and § 577 of the Reich Insurance Code in the version of the Law for the Reregulation of the Law of the statutory accident insurance of the 30. April 1963 (Bundesgesetzbl. I p. 241) shall be considered as the year of the accident the year for which the annual work service has been last fixed. Non-official table of contents

§ 10

(1) The cash benefits are adjusted in such a way that they are multiplied by 1.119. Annual work earnings are calculated. For those according to § 27 of the Social Insurance Act Saar of 15. June 1963 (Bundesgesetzbl. 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 in the version of the notice of 29. July 1953 (Official Journal of the Saarland, p. 520), the financial contribution is based.(2) The care allowance shall be adjusted in such a way that the amount to be paid in January 1973 is to be combined with 1.119. Non-official 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 Code. 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 according to § § 2 and 3 of this article, pensions with benefits or benefit parts from the pension insurance scheme, pensions pursuant to Article 2 (42) of the Workers 'Pension Insurance Act and Article 2 (41) of the Law on the Reregulation of Workers' Pension Insurance Act and the provisions of Section 2 (2) of this Law Pensions, which meet with a pension from the statutory accident insurance, may be subject to the application of § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the German Insurance Act and § § 75, 76 of the German Insurance Act (Act on the Insurance Act). The Law on Sickness Insurance, together with the pension from the accident insurance, does not fall below the amount paid as the sum of these pensions for December 1963; child subsidies and children's allowances are not taken into account. 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 after the first section does not result in a higher amount than the previous payment amount, it shall be repaid.(2) If a financial performance of the statutory accident insurance, which has been or should have been determined on the basis of the previous statutory provisions, is higher than it would be in the adjustment according to the second section, so the person entitled shall be granted the higher performance. Non-official table of contents

§ 13

The increase amount for the time of 1. July 1972 to 31. December 1972 is not taken into account in determining other income if, in the case of social benefits under a law or other provisions, the granting or the level of benefits is dependent on other income. Non-official table of contents

§ 14

(1) Each pensioner receives a written notice of the amount of his pension, which he/she has received from the 1. It is due to be given in January 1973.(2) It shall be corrected if a subsequent check is made that the adjustment is defective. 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 corrigendum is only up to 31. 1 December 1973.(3) § § 627 and 1300 of the Reichsversicherungsordnung, § 79 of the German Insurance Act and Section 93 (1) of the Reichsknappschaftsgesetz remain unaffected.

Fourth Section

Non-Official Table of Contents

§ 15

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Fifth Section
Transitional Rules

Non-Official Table of Contents

§ 16

(1) The determination of the increases for reference times of 1. July 1972 to 31. The pension for December 1972 should be based on December 1972. In the case of pensions, after the 30. June 1972 and before 1. In the case of the calculation of the increases, the pension of the month in which the pension has fallen is to be taken into account in the determination of the increases; these increases shall be paid only on application.(2) In the case of pensions, which meet with a pension from the statutory accident insurance and on which the § § 1278 and 1279 of the Reichsversicherungsordnung, § § 55 and 56 of the German Insurance Act or § § 75 and 76 of the German Insurance Act The Law on Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) applies to reference periods of 1. July 1972 to 31. December 1972 as a monthly increase of 9,5 per cent of the payment amount of the pension for December 1972 without a child subsidy, no increases in contributions from the higher insurance and in the pension insurance scheme without a pension Performance surcharge shall be payable; § 5 (1) sentence 3 of this Article shall apply accordingly. The amount resulting from the first sentence shall be the difference between the child subsidy for each child and in the child subsidy calculated in accordance with the general assessment base for the year 1971 and the general assessment basis for 1972. In addition, the pension insurance scheme will be increased by 8.7 from the 100% of the benefit surcharge. The second sentence of paragraph 1 shall apply accordingly.(3) The increases for the period of 1. July 1972 to 31. December 1972 are to be disburdened separately from the current pension payment in November 1972.