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

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

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Sixteenth law on the adjustment of pensions from statutory pension schemes as well as on the adjustment of cash benefits from statutory accident insurance (Sixteenth pension adjustment law-16. RAG)

Unofficial table of contents

16. RAG

Date of completion: 08.06.1973

Full quote:

" Sixteenth Pension Adaptation Act of 8 June 1973 (BGBl. I p. 525) "

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: 10. 6.1973 + + +) Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

Species 1

First section
Adjustment of pensions from statutory pension schemes

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§ 1

(1) In the statutory pension insurance schemes, the insurance and survivor ' s pension for insurance cases, which occurred in 1972 or earlier, shall be subject to change in the general base for 1973. (2) The pensions referred to in paragraph 1 shall also include those referred to in Article 2 (38) (3) and (2) of the Workers 'Pension Insurance Act and Article 2 (2) of the Rules of the Workers' Insurance Reregulation Act. The first and second sentences of the first and second sentences of the first and second sentences of the first and second sentences of the first and second sentences of 1 January to 30 years. June 1973 increased pensions, the compensation of the crunch in accordance with § 98a of the German Law on the Law of the Reich and the performance in accordance with § § 27, 28 of the Social Insurance Act Saar of 15 June 1963 (Federal Law Gazette). 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 measurement of the year 1973 and the contribution ceiling of the scarcity Pension insurance for this year would be calculated; deviations due to rounding off are permitted. 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

Art. 1 § 2 italic print: § § 1253 to 1256, § § 1267 bis 1286 RVO. by Art. 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992; AVG, RKG, KnVNG, ArVNG, AnVNG. by Art. 83 Nos. 1, 3, 7, 2, 6 G v. 18.12.1989 I 2261 mWv 1.1.1992
Art. 1 § 2 para. 1 sentence 2 italic print: § 1282 para. 2 RVO. by Art. 2 No. 27, § 59 para. 2 AVG. by Article 3 (3) and Section 93 (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 was re-changed and, before applying the rules of rest, the unshortened pension amount without a child subsidy for each child and without any increase in the amount of contributions from the higher insurance with 3,123 multiplied and the children's allowance for each child after the general It would be possible to calculate the basis for the year 1973; deviations due to rounding off are permitted. § 2 (1) sentence 2 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 1,671,40 1,002,90
49 1,638,00 982,80
48 1,604,60 962.80
47 1,571,10 942.70
46 1.537,70 922.60
45 1,504,30 902.60
44 1,470,90 882,50
43 1,437,40 862.50
42 1,404,00 842.40
41 1,370,60 822,40
40 and less 1,337,10 802.30
(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 in accordance with the provisions of Section 1 (3) and (2) (4) of the Regulation to the amount of 7,650 Deutsche Mark the amount of 22.730,70 Deutsche Mark, in § 3 (1) of the Regulation, to the point of the amount of 171,60 Deutsche Mark the amount of 535.80 Deutsche Mark, to the point of the amount of 471.60 Deutsche Mark the amount of 1.472.70 Deutsche Mark and in § 3 (2) of the Regulation to the place of the amount of 4.281 Deutsche Mark the amount of 13,371 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 it would arise if the amount of adjustment to be determined in accordance with Article 5 of this Article is 1.1135 and the benefit of the pension insurance scheme and the pension scheme In accordance with Article 75 (1), second sentence, of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), the amount to be charged would be multiplied by 1.12 and the children's allowance for each child would be calculated in accordance with the general assessment base of 1973; deviations due to rounding off are allowed. The increases in the amount of contributions from the higher insurance shall remain unaffected. § 2 (1) sentence 2 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. Unofficial table of contents

§ 5

(1) Adjustment amount is in the cases of § 4 of this Article of the pension payment amount for July 1973 without a 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). 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 fifteenth pension adjustment legislation, the amount of the pension in the meaning of the first sentence shall be replaced by the amount, (2) In cases in which no pension has been paid in July 1973 or the amount of the pension is paid for in July 1973, the amount of the pension paid for the period of July 1973 would be the same as the amount of the pension. after 30 June 1973, the amount of the pension shall be replaced by the amount of the pension referred to in the paragraph 1 the amount which would have been payable for July 1973 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 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 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

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§ 9

(1) In the case of statutory accident insurance, the change in the average gross wage and salary sum between the calendar years 1971 and 1972 shall mean the amount of the cash benefits for accidents, which are dependent on the annual employment service, for accidents which are carried out in the year (2) Paragraph 1 shall not apply, in accordance with the provisions of Sections 10 and 11 of this Article, and the care allowance for reference periods of 1 January 1974 shall be adjusted to the conditions laid down in Articles 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 fifteenth 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 shall also apply. (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 on the basis of an annual work earnings multiplied by 1,094. 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 1974 is to be made up to 1,094. 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

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§ 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.

Footnote

Art. 1 § 12 (1) italic print: § § 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) Each pensioner shall be informed in writing of the amount of his pension which he or she receives from 1 July 1973 in the pension insurance scheme and 1 January 1974 in the accident insurance scheme. (2) A later review shall be made that: the adjustment is incorrect, it must be corrected. 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 permitted in the pension insurance only until 30 June 1974 and in the accident insurance up to 31 December 1974. (3) § § 627 and 1300 of the Reichsversicherungsordnung, § 79 of the German Insurance Act and § 93 (1) of the Reichsknappschaftsgesetz

Footnote

Art. 1 § 13 (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

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§ 14

-

Type 2

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§ § 1 to 3 ----

Art 3
Final provisions

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§ 1

The amounts of the increases under Article 1 for the period from 1 July to 31 December 1973 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 benefits depends on other income. Unofficial table of contents

§ 2

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

§ 3

The provisions of Article 1 (14) shall enter into force with effect from 1 January 1974, and the other provisions shall enter into force on the day following the date of delivery.