Sixteenth 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: 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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Read the untranslated law here: http://www.gesetze-im-internet.de/rag_16/BJNR005259973.html

Sixteenth law on the adjustment of pensions from the statutory pension insurance, as well as the adjustment of cash benefits under the statutory accident insurance (sixteenth pension adjustment Act - 16 RAG) 16 RAG copy date: 08.06.1973 full quotation: "16th Pensions Act of 8 June 1973 (BGBl. I S. 525)" 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: 10 6.1973 +++) input formula the Bundestag approved the following law with the consent of the Bundesrat: type 1 first section adjustment of pensions from the statutory pension insurance the insured person and pensions insurance cases are § 1 (1) in the statutory pension insurance on the occasion of the change of the general basis of assessment for the year 1973 , which in 1972 or earlier have occurred in the year, adapted for reference periods of July 1, 1973 in accordance with paragraphs 2 to 8 of this article.
Also that pursuant to article 2 (2) include pensions within the meaning of paragraph 1 section 38, paragraph 3, sentence 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, section 37, paragraph 3, sentence 1 and 2 of the Angestelltenversicherungs new Regulation Act from 1 January to 30 June 1973 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 1973 and of the contribution assessment ceiling of the miners pensions for this year was going to be. Discrepancies due to rounding are allowed. § 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 article 1 § 2 italic: §§ 1253-1256, go to sections 1267 till 1286 RVO. by article 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992. KnVNG, RKG, AnVNG, AVG, ArVNG go to. by article 83 No. 1, 3, 7, 2, 6 G v. 18.12.1989 I 2261 mWv 1.1.1992 article 1 § 2 para 1 sentence 2 italic: § 1282 para 2 go to start. Article 2 No. 27, section 59 para 2 AVG go up. by article 3 No. 3 and § 93 par. 2 go to RCC. by article 4 No. 5 G v. 1.12.1981 I 1205 mWv 5.12.1981 § 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 3,123 and the child support would be calculated for each child after the general basis of assessment for the year 1973 Discrepancies due to rounding are allowed. § 2 para 1 sentence 2 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 1.671,40 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 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 22.730,70 Deutsche mark, in section 3, paragraph 1, of the regulation on the point of the amount of 171,60 Deutsche mark the amount of 535,80 Deutsche mark, on the point of the amount of 471,60 Deutsche mark the amount of 1.472,70 Deutsche mark and in section 3, paragraph 2 of regulation at the point the amount of 4,281 Deutsche mark the amount of 13,371 Deutsche Mark occurs.

Other pensions are article 4 (1) to customize, that yielded a pension as she would result if the adjustment amount to be determined according to paragraph 5 of this article with 1,1135 and the performance payment of miners pensions insurance and the amount to be belassende according to § 75 paragraph 1 sentence 2 of the Kingdom Associations Act with 1.12 duplicated and the children grant for each child would be charged according to the general tax base of 1973; Discrepancies due to rounding are allowed. The increase amounts from contributions of the supplementary insurance shall remain unaffected. § 2 para 1 sentence 2 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.

§ 5 (1) amount of adjustment is the pension amount for July 1973 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. Results in renewed examination, that the pension has been incorrectly identified, converted or adapted in accordance with the first and fifteenth 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 1973 occurs at the point of the pension payment amount within the meaning of sentence 1.
(2) in the cases where in July 1973 no pension has been paid or the amount of the pension changes after June 30, 1973, the amount that is payable would have been in July 1973, when the conditions for the fulfilment of the claim is then passed takes the place of the pension payment 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 Act 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 1971 and 1972 adjusted the year earnings-dependent cash benefits for accidents that have occurred in 1971 or earlier in the year and the care allowance for reference periods of January 1, 1974 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 § 12 para 2 of the fifteenth of pension adjustment Act are granted.
(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 1.094. 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 for January 1974 with 1.094 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, sentence 2 and 3 of the Reichsversicherungsordnung. In this case, mark the higher amount occurs in place 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.
Footnote article 1 article 12 par. 1 italic: §§ 1278 until 1286 RVO go up. by article 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 § 13 (1) any pension recipients is a written notice of the amount of his pension, which he is entitled to by the 1 July 1973 in the pension insurance, and from January 1, 1974 in accident insurance, 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 adjustment is allowed in the pension insurance of only up to June 30, 1974, and accident insurance until December 31, 1974.
(3) §§ 627 and 1300 of the Reichsversicherungsordnung, section 79 of Angestelltenversicherungsgesetzes and article 93, paragraph 1 of the Kingdom Associations Act remain unaffected.
Footnote article 1 § 13 para 3 italics: sections 627 & 1300 RVO go up. Article II § 4 No. 1, section 79 AVG go up. Article II § 6 No. 1 and article 93, paragraph 1 RKG go up. by article II sec. 8 No. 1 G v. 18.8.1980 I 1469 mWv 1.1.1981 fourth section § 14 - type 2 §§ 1 to 3 - type 3 final provisions § 1 the increase amounts on the basis of article 1 for the period from 1 July to 31 December 1973 shall be disregarded 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.

2 this Act applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. § I p. 1) also in the Federal State of Berlin.

With effect from 1 January 1974, the remaining regulations § 3 which is provision of article 1, section 14 into force on the day after the announcement.