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Eighteenth law on the adjustment of pensions from statutory pension schemes as well as on the adjustment of cash benefits from statutory accident insurance and old-age pension funds for farmers.

Original Language Title: Achtzehntes Gesetz über die Anpassung der Renten aus den gesetzlichen Rentenversicherungen sowie über die Anpassung der Geldleistungen aus der gesetzlichen Unfallversicherung und der Altersgelder in der Altershilfe für Landwirte

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Eighteenth law on the adjustment of pensions from statutory pension schemes and on the adjustment of cash benefits from statutory accident insurance and old-age pension funds for farmers (eighteenth-year old Pension Adjustment Act-18. RAG)

Unofficial table of contents

18. RAG

Date of completion: 28.04.1975

Full quote:

" Eighteenth pension adjustment law of 28 April 1975 (BGBl. 1018, 1778), as last amended by Article 47 (10) of the Law of 29 July 1994 (BGBl). I p. 1890) "

Status: Last amended by Art. 47 N ° 10 G v. 29.7.1994 I 1890

For more details, please refer to the menu under Notes

Footnote

Title: The provision shall not apply in 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: 1.1.1975 + + +) Unofficial table of contents

Input formula

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

First section
Adjustment of pensions from statutory pension schemes

Unofficial table of contents

§ 1

(1) In the case of statutory pension schemes, the change in the general base for 1975 shall cover the insured and survivor ' s pension from insurance cases which have occurred in 1974 or earlier, for Reference periods of 1 July 1975 shall be adjusted in accordance with § § 2 to 8. (2) Pensions within the meaning of paragraph 1 shall also include those referred to in Article 2 (38) (3) sentence 1 and 2 of the Workers ' Pension Insurance Act and Article 2 (37) (3) sentence 1. and 2 of the Law on the Reregulation of the Federal Employment Insurance Act, from 1 January to 30 June 1975 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 measurement of the year 1975 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 § 1253 (2) sentence 5 alone or in connection with § 1254 (2) sentence 2, § 1268 para. 2 sentence 2, § 1290 Abs. 3 sentence 3 final half-sentence of the Reichsversicherungsordnung, § 30 para. 2 sentence 5 alone or in connection with § 31 2 sentence 2, § 67 (3) sentence 3, last sentence of the German Insurance Act, § 53 (3) sentence 5 alone or in conjunction with § 53 (5) sentence 2, § 69 para. 2 sentence 2, § 82 para. 3 sentence 3 last sentence of the The Law on the Law of Workers, Article 2, Section 38 (3), second sentence, of the Workers 'Pension Insurance Law, or Article 2, Section 37 (3) sentence 4, second half-sentence of the Act on the Reregulation of the Workers' Pension Insurance Act has been applied. (3) The provisions of paragraph 1 shall apply in accordance with the pensions of the pension insurance scheme, which are referred to in Article 2 (24) (5) of the The new law on the new law on the protection of pensions is to be paid. Unofficial table of contents

§ 3

(1) Pensions in accordance with Article 2 (32) to (35) of the Workers 'Pension Insurance Law and Article 2 (31) to (34) of the Law on the Reregulation of the 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). Pension provisions would be imposed 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 3,859 multiplied and the children's allowance for each child after the general Basis for the year 1975 would be calculated; deviations due to rounding off are permitted. § 2 (1) sentence 2 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 these provisions shall be based on the following values:
For an insurance period of ... JahrenInsurance rents DM/month widows and Witwerrents DM/month
50 and more 2.065.00 1,239,00
49 2,023,70 1.214.30
48 1,982,40 1,189,50
47 1,941,10 1,164,70
46 1,899,80 1.139.90
45 1,858,50 1.115.10
44 1,817,20 1,090,40
43 1,775,90 1.065.60
42 1.734.60 1,040,80
41 1,693,30 1,016,00
40 and less 1,652,00 991,20
(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 Section 1 (3) and (2) (4) of the Regulation, the amount of 28,084 Deutsche Mark, in accordance with Section 3 (1) of the Regulation, shall be replaced by the amount of 171,60 Deutsche Mark in the amount of 28,084 Deutsche Mark. Mark the amount of 663.00 Deutsche Mark, to the point of the amount of 471.60 Deutsche Mark the amount of 1,820,70 Deutsche Mark and in § 3 para. 2 of the Regulation to the place of the amount of 4.281 Deutsche Mark the amount of 16,520 Deutsche Mark. Unofficial table of contents

§ 4

(1) The other pensions shall be adjusted in such a way as to result in a pension as would arise if the amount of adjustment to be determined in accordance with § 5 of the pension scheme is 1.111 and the benefit surcharge of the crunic pension insurance and the amount of the pension pursuant to section 75 (1). Sentence 2 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) shall be multiplied by 1,097 and the children's allowance for each child would be calculated in accordance with the general assessment base of 1975; deviations due to rounding shall be permitted. The increases in the amount of contributions from the higher insurance shall remain unaffected. § 2 para. 1 sentence 2 shall apply. (2) Pensions as referred to in 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 § § § § § § § 1278 of the German Insurance Act (Reichsversicherungsordnung) 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) must be adjusted in such a way that they reach at least the amount which results
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 subject to the provisions of Section 2,
b)
in the case of other pensions from insurance cases before 1 January 1957, if they are subject to the provisions of § 3
shall be adjusted. Unofficial table of contents

§ 5

(1) Adjustment amount is in the cases of § 4 of the pension payment amount for July 1975 without a child subsidy for each child and without increasing amounts from 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 the seventeenth pension adjustment law, the amount of the pension shall be replaced by the sum of the sum of the pensionable amount, (2) In those cases in which no pension has been paid in July 1975 or the amount of the payment of the pension has been paid for July 1975, the amount of the pension shall be paid by the Member State in which the pension is paid. after 30 June 1975, 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 1975 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 § 4, Article 2 (34) of the Workers 'Pension Insurance Act or Article 2 (33) of the Staff Pension Insurance Act (Workers' Insurance) Employment insurance-new law on the basis of the values laid down in section 3 (2) of the application. (2) Insurance rents of the pension insurance scheme without a child subsidy and without a benefit surcharge, which are adjusted in accordance with § 4, may be used by the the insured person shall not be subject to the relevant 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, the limits of the limits referred to in § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the German Insurance Act or the limits specified in § § 75, 76 of the Reichsknappschaftsgesetz (Reichsnappschaftsgesetz) may be combined with the following: in the calculation of pensions in accordance with § 2, shall not exceed. 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, may be taken together in accordance with § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung) or the persons referred to in § § 55, 56 of the Federal Insurance Act (Andes) Limits to be taken into account in the calculation of the pension pursuant to § 3 shall not be . 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 are to be applied in the Saarland, including for pensions, which are to be applied in accordance with Article 2 (15) of Law No 591. 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 of 13 July 1957. 1957 (Official Journal of Saarland p. 789) and Article 4 (9) of Law No 635 on the introduction of the The Law on the Law of the Saarland and the Law on the Law of the Scarcity Pension Insurance (Knappschaftsrentenversicherungs-NeuRuleungsgesetz) of 18 June 1958 (Official Journal of the Saarland, p. 1099) are granted.

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 balance between the calendar years 1973 and 1974 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 year (2) Paragraph 1 shall not apply, and the care allowance shall be adjusted for reference periods of 1 January 1976 in accordance with Articles 10 and 11 of this Directive.
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 § 13 (2) of the Seventh 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 employment service, multiplied by 1,117. 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 1976 is to be combined with 1,117. 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
Adjustment of old-age pension funds in the area of old-age farmers

Unofficial table of contents

§ 12

In the case of farmers ' old-age assistance, the change in the general tax base in the pension insurance scheme for the year 1975 compared with that for 1974 of 11,1 of the hundred in the first sentence of Article 4 (1) of the Law on an aid for farmers in the version of the notice of 14 September 1965 (Bundesgesetzbl. 1448), as last amended by the Law on the Approximation Of Benefits for Rehabilitation dated 7 August 1974 (Bundesgesetzbl. I p. 1881), designated as from 1 January 1976 for the married person entitled to 326,20 Deutsche Mark and for the unmarried person entitled to 217,60 German marks per month.

Fourth Section
Common rules

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§ 13

(1) Pensions from the pension insurance of the workers and the employees who are to be adjusted in accordance with § § 2 and 3, pensions with benefits or benefits from the pension insurance scheme, pensions under Article 2 § 42 of the Workers ' Pension Insurance Law and Article 2 (41) of the Federal Insurance Law and the pensions referred to in Article 2 (2), which meet with a pension from the statutory accident insurance scheme, may be applied after Application of § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung), § § 55, 56 of the German Reich Insurance Employment 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 from 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

§ 14

(1) Each nominee shall be notified in writing of the amount of the benefit to which he is entitled from the date of the adjustment under this Act. (2) Any subsequent verification that the adjustment is in error shall be corrected. The performance shall be granted in its previous level up to the end of the month in which the letter of amendment shall be notified. A recovery of overpaid amounts does not take place. The correction shall be admissible only within one year from the date on which the adjustment of the service becomes effective under this Act. (3) § § 627 and 1300 of the Reich Insurance Code, § 79 of the German Insurance Act and § § 79 of the German Insurance Act (Act on the Insurance Act) 93 (1) of the Reichsknappschaftsgesetz remain unaffected.

Fifth Section

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§ § 15 to 19 ----

Sixth Section
Final provisions

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§ 20

The increases under this Act shall not be taken into account in the calculation of other income from 1 July to 31 December 1975 if, in the case of social benefits under a law or other provisions, the grant or the amount of the benefits shall not be taken into account. However, benefits are dependent on other income, but at the latest, up to the point in time at which the social benefits are generally adjusted or re-established in the specified period of time because of economic development. Unofficial table of contents

Section 21

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Section 22

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

Section 23

The following shall enter into force:
Section 17, with the exception of point 3, section 18 and section 21, with effect from 1 January 1975,
Section 15 (1) and Article 17 (3), on 1 January 1976,
the other provisions on the day after the announcement.