Nineteenth 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: Neunzehntes 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

Read the untranslated law here: http://www.gesetze-im-internet.de/rag_19/BJNR013730976.html

Nineteenth 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 (nineteenth pension adjustment Act - 19 RAG) 19 RAG copy date: 03.06.1976 full quotation: "nineteenth pension adjustment Act of June 3, 1976 (BGBl. I S. 1373), most recently by article 91 of the Act of December 8, 2010 (BGBl. I p. 1864) has been changed" stand : Last amended by article 91 G v. 8.12.2010 I 1864 for more information on the stand number found in the menu see remarks footnote heading: the rule does not apply in the area referred to in article 3 of the Unification Treaty gem. appendices 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: 11.6.1976 +++) input formula the Bundestag has decided with the consent of the Federal Council the following law: first section adjustment of pensions from the statutory pension insurance § 1 (1) in the statutory pension insurance the insured person and pensions insurance cases are on the occasion of the change of the general basis of assessment for the year 1976 , which in 1975 or earlier have occurred in the year, adapted for cover time from July 1, 1976 in accordance with the paragraphs 2 to 8.
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 after the sections 27 and 28 of the social security adjustment Act Saar by June 15, 1963 (Bundesgesetzbl. section 37, paragraph 3, sentence 1 and 2 of the Angestelltenversicherungs new Regulation Act from 1 January to 30 June 1976 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 after application of section 1255, paragraph 1, last half-sentence, the Reichsversicherungsordnung, § 32 para 1 last half sentence of Angestelltenversicherungsgesetzes and § 54 para 1 last Halfsentence of the Empire associations law as well as the reduction and Ruhensvorschriften would result in, if the pension without changing the other factors on the basis of the general basis of assessment for the year 1976 and the contribution assessment ceiling of the miners pensions for this year; 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 is not in the cases where the §§ 1278 and 1279 of the Reichsversicherungsordnung, paragraphs 55 and 56 of the Angestelltenversicherungsgesetzes or sections 75 and 76 of the imperial associations Act have been applied.
(2) paragraph 1 last half sentence of the Reichsversicherungsordnung, § 30 para 2 sentence 5 alone or in conjunction with article 31, paragraph 2, sentence 2, § 45 para 2 sentence 2, section 67, paragraph 3, sentence 3 last half sentence of Angestelltenversicherungsgesetzes 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, § 1290 para 3 sentence 3 , Section 53 para 3 sentence 5 alone or in conjunction with article 53, paragraph 5, sentence 2, section 69, paragraph 2, sentence 2, § 82 para 3 sentence 3 last half sentence of the imperial 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.

§ 3 (1) pensions under article 2 §§ 32-35 of the Arbeiterrentenversicherungs new Regulation Act and article 2 §§ 31-34 of the Angestelltenversicherungs new regulatory law are to adapt, that is a pension, calculated as she after application of the Ruhensvorschriften would result, if 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 of contributions of supplementary insurance with 4,283 reproduced and the children grant for each child after the general basis of assessment for the year 1976 would; Discrepancies due to rounding are allowed. Section 2, subsection 1, sentence 2 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 2.292,20 1.375,30 49 2.246,30 1.347,80 48 2.200,50 1.320,30 47 2.154,60 1.292,80 46 2.108,80 1.265,30 45 2.063,00 1.237,80 44 2.017,10 1.210,30 43 1.971,30 1.182,80 42 1.925,40 1.155,30 41 1.879,60 1.127,80 40 and less 1.833,70 1.100,30 (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 7.650 Deutsche mark the amount of 31.172,90 Deutsche mark, in section 3, paragraph 1, of the regulation on the point of the amount of 171,60 Deutsche mark the amount of 735,00 Deutsche mark, at the point of the amount of 471,60 Deutsche mark the amount of 2.019,90 Deutsche mark and in section 3, paragraph 2 of regulation at the point the amount of 4,281 Deutsche mark the amount of 18.337 Deutsche Mark occurs.

Other pensions are to adapt, that yielded a pension as she would result if the adjustment amount to be determined according to § 5 with 1.11 and the performance payment of miners pensions insurance and the amount to belassende according to § 75 paragraph 1 sentence 2 of the Kingdom Associations Act with 1.118 reproduced and the children grant for each child would be calculated according to the general basis of the year 1976 § 4 (1); Discrepancies due to rounding are allowed. The increase amounts from contributions of the supplementary insurance shall remain unaffected. Section 2, subsection 1, sentence 2 shall apply.
(2) pensions referred to in paragraph 1, which meet and which the §§ 1278 and 1279 of the Reichsversicherungsordnung of Angestelltenversicherungsgesetzes or sections 75 and 76 of the imperial associations Act apply to sections 55 and 56, with a pension under the statutory accident insurance 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 , if they referred to in § 2, b) on other pensions of insurance cases before January 1, 1957, when they would be adjusted according to § 3.

§ 5 (1) amount of adjustment is the pension amount for July 1976 without child support for each child and no costs of increase in in the cases of § 4 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 eighteenth 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 1976 occurs at the point of the pension payment amount within the meaning of sentence 1.
(2) in the cases where July 1976 no pension has been paid or the amount of the pension changes after 30 June 1976, the amount that is payable would have been for July, 1976, 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 § 4, find 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 application.
(2) insured pensions of the miners pensions without child support and performance payment, be adjusted pursuant to section 4 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 according to sections 64, 65 and 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 and adjusted according to § 4, which may together in the §§ 1278 and 1279 of the Reichsversicherungsordnung, limits in the sections 75 and 76 of the imperial associations Act referred to in sections 55 and 56 of the Angestelltenversicherungsgesetzes or that, in the calculation of pensions according to § 2 to consider are , 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) the remaining pensions insurance cases before January 1, 1957, who meet with a pension under the statutory accident insurance and adjusted according to § 4 may in the §§ 1278 and 1279 of the Reichsversicherungsordnung or the limits referred to in the sections 55 and 56 of the Angestelltenversicherungsgesetzes, together with the calculation of the pension according to § 3 take into account are exceed.

§ 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, which referred to in article 2 apply in sections 1 to 7 in the regulations listed in the Saarland are 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 § 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 1974 and 1975 adjusted the year earnings-dependent cash benefits for accidents that have occurred in 1974 or earlier in the year and the care allowance for reference periods from January 1, 1977 in accordance with §§ 10 and 11.
(2) paragraph 1 shall not apply where the cash benefits in the agricultural accident insurance are calculated according to an average annual earnings as far as cash benefits on the basis of § 13 para 2 of the eighteenth of pension adjustment Act are provided.
(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 and 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 1,070. 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 1977 with 1,070 to 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 in § 4 para 1 sentence 1 of the law on old age help for farmers as amended by the notice of September 14, 1965 (Bundesgesetzbl. be adapting the areas of age help for farmers § 12 age help for farmers because of the change in the general tax base in the pension insurance of the workers for the year 1976 compared with those for the year 1975 to 11 per cent I p. 1448), last amended by the social code (SGB) - general part - of 11 December 1975 (Bundesgesetzbl. I p. 3015), set designated areas as of January 1, 1977 for the married legitimate 362,10 German mark and for the unmarried persons entitled to 241,60 DM per month.
Fourth section common rules of section 13 (1) pensions from pension insurance of workers and employees, to customize according to paragraphs 2 and 3 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 § 2 section 2 § 41 of the Angestelltenversicherungs new control law and that, with a pension from meet the statutory accident insurance , § may 1278 and 1279 of the Reichsversicherungsordnung, after application of sections 55 and 56 of the Angestelltenversicherungsgesetzes and sections 75 and 76 of the Kingdom Associations Act along with the pension from the 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 cash benefit from the 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.

Section 14 (1) each recipient is the amount of the benefits, to him from the time of the adjustment on the basis of this Act is entitled to in writing.
(2) a later audit reveals that the adjustment is incorrect, it shall be corrected. The performance 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 correction is only admissible within one year after the date from which the adjustment of performance shall become effective under this Act.
(3) §§ 627 and 1300 of the Reichsversicherungsordnung, section 79 of Angestelltenversicherungsgesetzes and article 93, paragraph 1 of the Kingdom Associations Act remain unaffected.
Fifth section of §§ 15 to 26 - sixth section transitional and final provisions article 27 remain the time to the social benefits in the specified time period, generally because of economic development be adapted or newly established the boost amounts under this Act from 1 July to 31 December 1976 in determining other income account if in benefits on the basis of a law or other legislation is dependent on the granting or the amount of other income, at the latest however up to.

section 28 (dropped out) § 29 - Article 30 § 15 para 2 of the law on the establishment of a supplementary pension funds for workers in agriculture and forestry by July 31, 1974 (Bundesgesetzbl. I S. 1660) applies to persons, their entitled to compensation only was founded by this law, with the proviso that application until 30 September 1976 at the earliest however from the time in which the other eligibility requirements are met, to determine compensation for periods from 1 July 1973, and pay is.

31 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.

Section 32 (1) come into force: section 25 with effect from August 4, 1974, § 15 No. 4 with effect from 1 October 1974, sections 18, 19 No. 1, §§ 20 and 21, paragraphs 24 and 29 with effect from December 1, 1974, § 15 No. 5 to 7 with effect from January 1, 1976, § 15 No. 2, 3, 10 and 11, § 16 no. 2 and 3 , Section 17 No. 2 and 3, article 23 no. 1 and section 28 on July 1, 1976, § 15 No. 1 and article 23 no. 2 on 1 January 1977, the other rules in the wake of the announcement.

(2) where on the basis of § 29 services begin before December 1, 1974, the changes made by this Act also apply to the time before December 1, 1974.