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Second Act on the adjustment of pensions from statutory pension schemes on the occasion of the change in the general basis of assessment for the year 1959

Original Language Title: Zweites Gesetz über die Anpassung der Renten aus den gesetzlichen Rentenversicherungen aus Anlaß der Veränderung der allgemeinen Bemessungsgrundlage für das Jahr 1959

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Second Act on the adjustment of pensions from statutory pension schemes on the occasion of the change in the general assessment base for 1959 (Second Pension Adjustment Act-2). RAG)

Unofficial table of contents

2. RAG

Date of completion: 21.12.1959

Full quote:

"Second pension adjustment law in the revised version published in the Federal Law Gazan Part III, outline number 8232-10-2"

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 N ° 15 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 1057
(+ + + Proof of text validity from: 1. 1.1964 + + +) Unofficial table of contents

§ 1

(1) In the case of statutory pension schemes, the change in the general base for the year 1959 provides for the insured and survivor ' s pension from insurance cases which occurred in 1958 or earlier, for Reference periods of 1 January 1960 adjusted in such a way that the amount of adjustment to be determined in accordance with § 3 is multiplied by 1,0594; the amount thus resulting shall be readded to the pension parts not subject to adjustment. (2) The pensions referred to in paragraph 1 shall also include those referred to in Article 2 (38) (3) sentence 1 of the The Workers 'Pension Insurance Reregulation Act and Article 2 (3) (3) sentence 1 of the Act on the Reregulation of Workers' Insurance Law raised insurers ' pensions of beneficiaries, which are the 65. (3) Paragraph 1 does not apply to the Knappschaftssold (Knappschaftssold). Unofficial table of contents

§ 2

On pensions pursuant to Article 2 (43) (1) of the Workers 'Pension Insurance Act or Article 2 (42) (1) of the Federal Insurance Act or Article 2 (28) (1) of the German Workers' Insurance Law In the event that the insurance case entered into force after 31 December 1958, the law on the new law on the protection of pensions is calculated or calculated, and the provisions of Section 1 (1) shall apply even if the insurance case has occurred after 31 December 1958. The same applies to pensions which have been or are calculated in accordance with Article 3 (6) (3) of the Workers 'Insurance Reregulation Act or Article 3 (5) (2) of the Employee Insurance-NeuRuleungsgesetz (German Insurance Law on the Insurance of Workers' Insurance). Unofficial table of contents

§ 3

(1) Adjustment amount shall be the amount of the pension for January 1960, including the child subsidy for each child, reduced by the special grant and the amounts of increase 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 § 75 (1) sentence 2 of the Reichsknappschaftsgesetz. (2) For pensions, to § 4 of the First The adjustment amount is the amount resulting from the application of Section 1 (1), first half-sentence of the First Retirement Adjustment Act. The amount of the pensionable amount for January 1959 shall be replaced by the amount of the pensionable amount for January 1960. Rates 1 and 2 shall apply in accordance with pensions from insurance cases of the year 1958, which according to § § 1253ff. the Reichsversicherungsordnung or § § 30ff. (3) In those cases in which no pension has been paid in January 1960, or the amount of the pension is paid, the amount of the pension shall be calculated on the basis of the amount of the pension. (3) after 31 December 1959, the amount which would have been payable for January 1960 would be replaced by the amount of the pensionable amount within the meaning of paragraph 1, if the conditions for the fulfilment of the claim existed at that time. (4) For pensions, pursuant to Article 2 (42) of the Workers ' Pension Insurance Law, Article 2 (2) 41 of the Federal Insurance Law and Article 2 (11) of the Law on the Reregulation of the Pension Insurance Act are calculated, the amounts of 21 Deutsche Mark in the case of insurers and 14 Deutsche Mark apply as a special grant. Survivors ' pensions. If, in the cases of the first sentence, a special grant has been taken into account in the calculation of a insured person ' s pension and a survivor ' s pension, the amount of 21 Deutsche Mark shall be deemed to be the special grant. Unofficial table of contents

§ 4

(1) In the case of pensions from the pension insurance of the workers and the pension insurance of the employees, which are based on insurance cases of 1957 and 1958 and in accordance with § § 1253ff. the Reichsversicherungsordnung or § § 30ff. of the employment insurance law, as well as in the case of pensions from the pension insurance scheme and pensions from the pension insurance scheme of the workers and the pension insurance of the employees with a service part of the pension insurance scheme Pension insurance scheme shall not exceed the amount calculated in accordance with Article 1 (1), first half-sentence, the amount which would result if the pension was not changed to the other calculation factors on the basis of the general Basis for the year 1959 and the contribution rate limit for this year would be calculated. For the other pensions from the pension insurance of the workers and the pension insurance of the employees, Article 2 (34) of the Workers 'Pension Insurance Law or Article 2 (33) of the Employees' Insurance Reregulation Act (Employees ' Insurance) Application. The values set out in these rules shall be replaced by the following:
" For an insurance period of ... Insured pensioners ' widows and widows JahrenDM month DM month
50 600,00 360.00
49 588,00 352.80
48 576,00 345.60
47 564,00 338,40
46 552,00 331,20
45 540.00 324.00
44 528,00 316.80
43 516.00 309.60
42 504,00 302.40
41 492,00 295.20
40 and less 480.00 288.00 "

§ 1282 (2) of the German Insurance Code and § 59 (2) of the German Insurance Act apply. (2) The first sentence of the first subparagraph shall not apply to pensions from the pension insurance scheme, which pursuant to Article 2 (11) or Article 2 (25) of the Insurance Act (Article 2) of the Insurance Act The new law on the new law on financial security has been calculated.

Footnote

§ 4 italic pressure: § § 1282 para. 2 RVO, § 59 para. 2 AVG deed. by Article 2 (27) and Art. 3 N ° 3 G v. 1.12.1981 I 1205 mWv 5.12.1981 Unofficial table of contents

§ 5

If the adjustment does not result in a higher amount than the previous amount, it shall be repaid. Unofficial table of contents

§ 6

Insofar as the pension benefits under the Federal Supply Act, maintenance aid under the burden-compensation law, benefits under the Federal Compensation Act and federal aid for the compensation of hardships in the context of the company's operational activities Age care in accordance with the guidelines of 17. October 1951 (Federal Gazette No. 204 of 20 October). (1 October 1951), the grant or the amount of the benefit depends on the fact that certain income limits are not exceeded, the increases which are due for the months of January to May 1960 as a result of the provisions of this Regulation for the period mentioned in the calculation of income, are not taken into account. The same shall apply in the examination of the need for assistance. The increases for the period referred to in the first sentence shall also not be taken into account in the granting of unemployment benefits and unemployment benefits. Unofficial table of contents

§ 7

(1) A written notification shall be given to the beneficiary via the adjustment. If a subsequent check shows that the adjustment is defective, it shall 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 only permitted until December 31, 1960. (2) § 1300 of the Reich Insurance Code, § 79 of the German Insurance Act and Section 93 (1) of the German Imperial Nappa law remain unaffected.

Footnote

§ 7 (2) italic pressure: § 1300 RVO opened. 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 Unofficial table of contents

§ 8

(1) The provisions of this Act shall apply in the Saarland, taking into account the wording in which the provisions listed in § § 1 to 4 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 New Law on the Law of the Federal Republic of Germany (Saarland) of 18 June 1958 (Official Journal of the Saarland, p. 1099) are granted. (2) § 6 applies in the Saarland with the proviso that instead of the Federal Pension Act (3) Article 2 (15) of Law No 591 on the introduction of the law of the Federal Republic of Germany and the Law of the Federal Republic of Germany. (3) Article 2 (15) of Law No 591 Workers ' pension insurance law in the Saarland, Article 2 (17) of Law No 590 on the introduction of the Law on the Law of the Federal State of Saarland and Article 4 (9) of Law No 635 on the introduction of the German Law on the Law of the Reich and the New Law on the Law of the Scarcity Pension Insurance in the Saarland will be lifted. In the case of pension rights arising from insurance cases which have entered into force in accordance with the provisions of the first sentence before the entry into force of this Act, those provisions shall continue to apply.

Footnote

§ 8 (3) sentence 1: In accordance with d. Decision formula with the GG compatible according to. BVerfGE v. 19.7.1967 I 948-2 BvL 1/65- Unofficial table of contents

§ 9

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

§ 10

This Act shall enter into force on the day following the date of delivery.