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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

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 (Fifteenth Pension Adjustment Act-15). RAG)

Unofficial table of contents

15. RAG

Date of completion: 16.10.1972

Full quote:

" Fifteenth pension adjustment law of 16. October 1972 (BGBl. I p. 1965, 1992) "

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: 19.10.1972 + + +)
The G was decided as Article 5 G 826-26 v. 16.10.1972 I 1965 (RRG) of the Bundestag with the consent of the Bundesrat. It's gem. Article 6 (8) (1) of this Act entered into force on 1 January 1973.

First section
Adjustment of pensions from statutory pension schemes

Unofficial table of contents

§ 1

(1) In the statutory pension insurance schemes, the insurance and survivor ' s pension for insurance cases which have occurred in 1971 or earlier shall be used for the purpose of changing the general basis of assessment for 1972. Reference periods of 1 July 1972 shall be adjusted in accordance with Articles 2 to 8 of this Article. (2) Pensions within the meaning of paragraph 1 shall also include those referred to in Article 2 (38) (3) sentences 1 and 2 of the Workers ' Pension Insurance Law and Article 2 (2). 37 (3) (1) and (2) of the Law on the Reregulation of the Employee Insurance (Reregulation) Act 1972 Pension 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 1972 and the contribution ceiling of the crunic 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 Insurance Directive for Insurance Cases of the year 1972 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 print: § 1282 para. 2 RVO deed. 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 Article 4 (5) G v. 1.12.1981 I 1205
§ 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 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 was re-changed 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 2.805 multiplied and the children's allowance for each child after the general The calculation basis for the year 1972 would be calculated; deviations due to rounding off are permitted. § 2 (1) sentence 4 of this Article 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 this Article, The values set out below 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 1.501,00 900.60
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 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 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 place of the amount of 4.281 Deutsche Mark the amount of 12,008 Germans Mark occurs.

Footnote

§ 3 (3) italic printing: 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 Article 83 N ° 8 G v. 18.12.1989 I 2261 mWv 1.1.1992 Unofficial table of contents

§ 4

(1) The other pensions shall be adjusted in such a way as to result in a pension which would result if the adjustment amount to be determined in accordance with Article 5 of this Article is 1.095 and the benefit surcharge of the crunic pension insurance scheme and the amount of the pension scheme which is to be paid in accordance with Article 5 of this Article. Section 75 (1), second sentence, of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) is to be multiplied by 1,087 and the children's allowance for each child would be calculated in accordance with the general assessment basis of 1972; deviations due to rounding off are allowed. 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 as referred to in paragraph 1, which meet with a pension from the statutory accident insurance and to which § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the The application of an insurance law or § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) must be adjusted in such a way that it reaches at least the amount which results from the following:
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 provided in accordance with Article 2 of this Article,
b)
in the case of the other pensions from insurance cases before 1 January 1957, if they are subject to the provisions of Article 3 of this Article
would be adjusted. The first sentence of Article 5 (1) of this Article shall apply to pensions in accordance with paragraph 1 of this Article. Unofficial 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 child subsidy for each child and without any increases in 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 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 shall apply in accordance with the benefits of the Pension insurance, but not the benefits of pension insurance for workers and employees in the 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 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, (2) In cases in which no pension has been paid in July 1972 or the amount of the pension is paid for in July 1972, the amount of the pension shall be paid in accordance with the conditions laid down by the provisions of the Treaty establishing the European Community. after 30 June 1972, the payment of the pension shall be replaced by the amount of the pension in the sense of the Paragraph 1 shall be the amount which would have been payable for July 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 Article 4 of this Article, Article 2 (34) of the Workers ' Pension Insurance Act or Article 2 (33) of the Staff Pension Insurance Act shall apply. Employment Insurance-NeuRuleungsgesetz, based on the values provided for in Article 3 (2) of this Article. (2) Insurance rents of the crunch pension insurance without a child grant and no benefit surcharge, which according to § 4 of this In the case of the insured person, the relevant The pension base does not exceed the amount of the pension. 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. (3) Insurance pensions without a child allowance and no benefit supplement, as well as survivors ' pensions from insurance cases after 31 December 2008. December 1956, with a pension from the statutory accident insurance In accordance with § 4 of this article, the provisions of § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung), § § 55, 56 of the German Insurance Act or the § § 75, 76 of the Reichsnappschaftsgesetz (Reichsnappschaftsgesetz) may be taken together. Limit amounts to be taken into account in the calculation of pensions in accordance with Article 2 of this Article. 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 of this Article, may be combined with the provisions of § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung) or in the § § § 55, 56 of the German Insurance Act (Act on the German Insurance Act) , the limits referred to in Article 3 of this Article in the calculation of the pension shall not exceed. 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 a payment 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 Article, shall be amended to: 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 of this article are to be applied in the Saarland, including for pensions, which according to Article 2 (15) of the Law No 591 concerning 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 New Law in Saarland (Germany). of 13 July 1957 (Official Journal of Saarland p. 789) and Article 4 (9) of Law No 635 on Introduction of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) and the German Scarcity Pension Insurance (Knappschaftsrentenversicherungs-NeuRuleungsgesetz) in Saarland from 18 June 1958 (Official Journal of Saarland p. 1099).

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 change in the average gross wage and salary balance between the calendar years 1970 and 1971 shall be subject to the amount of the amount of cash benefits paid by the annual employment service for accidents, which are carried out in the years (2) Paragraph 1 shall not apply, and the care allowance shall be adjusted for reference periods of 1 January 1973 in accordance with the provisions of Sections 10 and 11 of this Article.
as far as the cash benefits in the agricultural accident insurance are calculated according to an average annual work earnings,
as far as the cash benefits are granted on the basis of Section 12 (2) of the Fourteenth Pension Adjustment Act. (3) As a cash benefit within the meaning of paragraph 1, a performance in accordance with § 27 of the Social Insurance Act Saar of 15 June 1963 (Bundesgesetzbl. 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 in accordance with an annual work earnings multiplied by 1,119. 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 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. 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 schemes of the workers and employees who are to be adjusted in accordance with Articles 2 and 3 of this Article, pensions with benefits or benefits from the pension insurance scheme, pensions under Article 2 (42) of the Workers ' Pension Insurance-NeuRuleungsgesetz and Article 2 (41) of the Federal Insurance Law and the pensions referred to in Article 2 (2) of this Article, which meet with a pension from the statutory accident insurance scheme, may apply pursuant to § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung), § § 55, 56 the Federal 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. Unofficial table of contents

§ 13

The amount of the increase for the period from 1 July 1972 to 31 December 1972 shall not be taken into account in the calculation of other income if, in the case of social benefits under a law or other provisions, the grant or the amount of the benefits is not taken into account. Benefits depend on other income. Unofficial table of contents

§ 14

(1) Each pensioner shall be notified in writing of the amount of his pension to which he is entitled on 1 January 1973. (2) A subsequent review shall be 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 correction shall only be admissible until 31 December 1973. (3) § § 627 and 1300 of the Reich Insurance Code, § 79 of the German Insurance Act and Section 93 (1) of the German Reich Nappa Law remain unaffected.

Fourth Section

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§ 15

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Fifth Section
Transitional provisions

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§ 16

(1) The determination of the increases in the reference period from 1 July 1972 to 31 December 1972 shall be based on the pension for December 1972. In the case of pensions which have fallen after 30 June 1972 and before 1 December 1972, the calculation of the increases shall be based on the pension of the month in which the pension has fallen; these increases shall be applied only on request. (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 In the case of reference periods from 1 July 1972 to 31 December 1972, the law applicable to the law on the application of the law on supremity shall be applied to Monthly increase in amount 9,5 of the hundred of the payment amount of the pension for December 1972 without a child allowance, without payment of contributions from the higher insurance and in the crunic pension insurance without a benefit surcharge; § 5 The third sentence of paragraph 1 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 increase by 8.7 from the 100% of the benefit surcharge. (3) The increases for the period from 1 July 1972 to 31 December 1972 shall be disburdened separately from the current pension payment in November 1972.