Eighteenth Law On The Adjustment Of Pensions From The Statutory Pension Insurance, As Well As The Adjustment Of Cash Benefits Under The Statutory Accident Insurance And The Areas Of Age Help 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 departure: 28.04.1975

Full quote:

" Achttenth Pension Adjustment Act of 28. April 1975 (BGBl. 1018, 1778), which was last amended by Article 47 (10) of the Law of 29. July 1994 (BGBl. I p. 1890) "

:Last modified by Art. 47 No. 10 G v. 29.7.1994 I 1890

For details, see the Notes

Footnote

heading in the menu under Notes: The rule does not apply to the rule in Art. 3 of the The territory referred to in accordance with the provisions 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 from: 1.1.1975 + + +) unofficial table of contents

entry formula

The Bundestag has approved The following law was adopted by the Federal Council:

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 basis of assessment for the year 1975. Survivors ' pensions from insurance cases which occurred in 1974 or earlier, for reference periods of 1. July 1975, adjusted in accordance with § § 2 to 8.(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 'Insurance Reregulation Act and Article 2 (37) (3) (1) and (2) of the Act on the Reregulation of the Workers' Pension Insurance Act of 1 January 2000. January to 30. June 1975, increased pensions, the compensation of the 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 15 June 1975. 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 Basis for the year 1975 and the contribution ceiling of the pension insurance scheme 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 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 paragraph 2 sentence 2, § 1268 para. 2 sentence 2, § 1290 para. 3 sentence 3 final half-sentence of the Reich Insurance Order, § 30 para. 2 sentence 5 alone or in connection § 31 para. 2 sentence 2, § 45 para. 2 sentence 2, § 67 para. 3 sentence 3 final half sentence of the employee insurance act, § 53 para. 3 sentence 5 alone or in conjunction with § 53 para. 5 sentence 2, § 69 para. 2 sentence 2, § 82 para. 3 sentence 3 last half sentence of the Reichsknappschaftsgesetz, Article 2 (3) sentence 4, second half-sentence of the Workers 'Pension Insurance Law, or Article 2, Section 37, Section 3, sentence 4, second half-sentence of the Act on the Reregulation of the Workers' Pension and Reregulation Act has been applied.(3) Paragraph 1 shall apply, in accordance with the pensions of the pension insurance scheme, which are paid under Article 2 (24) (5) of the Statutory Pension Insurance (Knappschaftsrentenversicherungs-NeuRuleungsgesetz). Non-official table of contents

§ 3

(1) Pensions pursuant to Article 2 (32) to (35) of the Workers ' Pension Insurance Act and Article 2 (31) to (1) 34 of the law on new rules of employment must be adjusted in such a way as to give rise to a pension which would result from the application of the rules of rest, if the pension is relocated and, in so doing, before the application of the rules on the rest of the pension Unshortened pension amount without a child subsidy for each child and without increasing amounts from contributions of the higher insurance with 3,859 multiplied and the child subsidy for each child calculated according to the general basis of assessment for the year 1975 , deviations due to rounding shall be permitted. § 2 para. 1 sentence 2 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 more2.065.00 1.239,00
492.023.701.214.30
481.982.401.189,50
47 1.941, 101.164,70
461.899,80 1.139, 90
451.858.501.115.10
441.817.201.090,40
43 1.775, 901.065.60
421.734,60 1.040, 80
411.693.301.016,00
40 and less1.652,00991,20
(3) The regulation on the application of the rules of rest of the Reich Insurance Order and of the law on insurance against pensions of workers and employees of 9. July 1957 (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 28,084 Deutsche Mark, in § 3 (1) of the Regulation, to the amount of 171,60 Germans 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 (2) of the Regulation to the point of the amount of 4.281 Deutsche Mark the amount of 16,520 Deutsche Mark occurs. Non-official table of contents

§ 4

(1) The rest of the pensions must be adjusted in such a way as to result in a pension as it would arise if the pension pursuant to § 5 the amount to be adjusted with 1,111 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) to be multiplied by 1,097 and the child subsidy for each child calculated on the basis of the general assessment base of 1975; deviations due to rounding off are permitted. The increases in the amount of contributions from the higher insurance shall remain unaffected. § 2 (1) sentence 2 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 insurance, if they are subject to the other pensions in accordance with § 2,
b)
Insurance cases before the 1. January 1957, if they were adapted in accordance with § 3
. Non-official table of contents

§ 5

(1) Adjustment amount is in the cases of § 4 of the pension payment amount for July 1975 without the child subsidy for each child and without increasing amounts from the 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 Act, the amount of the pension shall be replaced by the sum of the sum of the pensionable amount within the meaning of the first sentence; which would be the result of the renewed application of the rules on the establishment, conversion and adjustment of the pensionable amount for July 1975.(2) In cases where no pension has been paid for July 1975 or the amount of the pension is paid after the 30. In accordance with paragraph 1 of this Article, the amount which would have been payable for July 1975 shall be replaced by the amount which would have been payable in July 1975 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 , Article 2 (34) of the Workers 'Pension Insurance Act or Article 2 (33) of the Act on the Reregulation of the Workers' Insurance Act shall apply on the basis of the values laid down in Section 3 (2).(2) Insurance rents of the pension insurance scheme without a child allowance and without a benefit surcharge, which are adjusted in accordance with § 4, 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, may be combined in accordance with § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the employment insurance act or the in § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) shall not exceed the limits to be taken into consideration in the calculation of pensions in accordance with § 2. 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, may be combined in the § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung) or in the § § § 55, 56 of the German Insurance Act (Act on the German Insurance Act) shall not exceed the limits to be taken into account in calculating the pension pursuant to § 3. 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 Act were to be found on the basis of the insurance periods to date. 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 7 as well as for pensions under Article 2 (15) of Law No 591 concerning the introduction of the Workers ' Pension Insurance Law in the Saarland of 13 November 2000. 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 the salary between the calendar years 1973 and 1974, the amount of the cash benefits paid by the annual earnings for accidents which occurred in 1973 or earlier, and the care allowance for reference periods of 1 January 1974. 1 January 1976 in accordance with § § 10 and 11.(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 earnings service,
insofar as the cash benefits are calculated on the basis of § 13 para. 2 of the Seventeenth 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 one with 1,117 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 1976 is to be combined with 1.117. Non-official table of contents

§ 11

The multiplied annual work earnings may not exceed the amount of 36,000 Deutsche Mark, unless that 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 is replaced by the higher amount.

Third section
Adjustment of the old age funds in the farmers ' retirement assistance

Non-official table of contents

§ 12

In the case of farmers ' retirement assistance, the change in the general tax base in the Pension insurance of the workers for the year 1975 compared with that for the year 1974 by 11.1 of the hundred in the first sentence of Article 4 (1) of the Act on Ageing Aid for Farmers in the version of the notice of 14. September 1965 (Bundesgesetzbl. 1448), as last amended by the Act on the approximation of the rehabilitation services of 7. August 1974 (Bundesgesetzbl. I p. 1881), designated by the age of 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, which are based on § § 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 Employment Insurance-NeuRuleungsgesetz and the pensions referred to in § 2 para. 2, which meet with a pension from the statutory accident insurance, may be subject to the application of § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung), § § 55, 56 of the German Insurance Act (Reichsversicherungsordnung). 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 after the first section does not result in a higher amount than the previous payment amount, it shall be repaid.(2) If a cash benefit from 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, the person entitled shall be granted the higher performance. Non-official table of contents

§ 14

(1) Each nominee is the amount of the benefit that he or she has received from the time of the adjustment Law to be notified in writing.(2) It shall be corrected if a subsequent check is made that the adjustment is defective. 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 benefit under this Act is effective.(3) § § 627 and 1300 of the Reichsversicherungsordnung, § 79 of the German Insurance Act and Section 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 increase amounts due to this law remain in the 1. July to 31. In the case of social benefits under a law or other provisions, the granting or the level of benefits depends on other income, but shall not be taken into account in the determination of other income in the case of social benefits, until such time as, in the case of social benefits, the granting or the level of The date on which the social benefits are adjusted or re-established over the specified period in general because of economic development. Nonofficial table of contents

§ 21

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§ 22

This Act 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. Non-official table of contents

§ 23

You enter into force:
§ 17 with the exception of number 3, § 18 and § 21 with effect from 1. January 1975,
§ 15 No. 1 and § 17 No. 3 on 1. January 1976,
the remaining provisions on the day after the announcement.