Second Law On The Adjustment Of Pensions From The Statutory Pension Insurance On The Occasion Of The Change Of The General Basis Of Assessment For The Year Of 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

Read the untranslated law here: http://www.gesetze-im-internet.de/rag_2/BJNR007650959.html

Second law on the adjustment of pensions from the statutory pension insurance on the occasion of the change of the general basis of assessment for the year of 1959 (second pension adjustment Act - 2. RAG) 2. RAG copy date: 21.12.1959 full quotation: "Second pension adjustment Act in the adjusted version published in the Federal Law Gazette Part III, outline number 8232-10-2," 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. 15 EinigVtr v. 31.8.1990 in conjunction with art. 1 G v. 23.9.1990 II 885, 1057 (+++ text detection from validity: 1 1.1964 +++) § 1 (1) in the statutory pension insurance the insured person and pensions insurance cases which have occurred 1958 or earlier in the year, adjusted on the occasion of the change of the general basis of assessment for the year of 1959 for reference periods from January 1, 1960 in the way , that the adjustment amount to be determined according to § 3 with 1,0594; reproduced the pension parts not subject to adaptation are the amount arising as a result to add back.
(2) also include to the pension within the meaning of paragraph 1 under article 2 § 38 paragraph 3 sentence 1 of the Arbeiterrentenversicherungs new Regulation Act and article 2 § 37 para 3 sentence 1 of the Angestelltenversicherungs new regulatory law increased insured persons pensions of beneficiaries who have reached the age of 65 in the year 1959.
(3) the provisions of paragraph 1 shall not apply to the wages of the associations.

Section 2 on pensions, the article 2 § 43 (1) of the Arbeiterrentenversicherungs new Regulation Act or article 2 § 28 para 1 of the Knappschaftsrentenversicherungs new control law have been calculated § 42 para 1 of the Angestelltenversicherungs new Regulation Act or article 2 or be calculated, is article 1, paragraph 1 even application, if the insurance case after December 31, 1958 has occurred. The same applies to pensions, under article 3 § 6 ABS. 3 of the Arbeiterrentenversicherungs new Regulation Act or article 3 § 5 para 2 of the Angestelltenversicherungs new control law have been calculated or billed.

§ 3 the pension amount for January 1960 including the child subsidy for each child is (1) amount of adjustment, reduces to the special allowance and the increase amounts 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.
(2) in the case of pensions, § 4 of the first pension adjustment Act to apply was that, adjustment amount is the amount resulting after application of § 1 para 1 first half-sentence of the first pension adjustment Act. The pension amount for January takes the place of the pension payment amount for January 1959 1960th sentence 1 and 2 shall apply mutatis mutandis for the pensions of insured events of 1958, according to §§ 1253ff. the Reichsversicherungsordnung or §§ 30ff. the Angestelltenversicherungsgesetzes are calculated and where computation applicable to the insured is limited.
(3) in the cases where in January 1960 no pension has been paid or the amount of the pension is increased after December 31, 1959, the amount that is payable would have been in January 1960, when the conditions for the fulfilment of the claim is then passed takes the place of the pension number amount within the meaning of paragraph 1.
(4) in the case of pensions, after articles 2 § 42 of the Arbeiterrentenversicherungs new Regulation Act, article 2 2 § 11 of the Knappschaftsrentenversicherungs new regulatory law are calculated section 41 of the Angestelltenversicherungs new Regulation Act and article, as special grant funds 21 Deutsche mark for insured persons pensions and 14 German mark for survivor's pensions. In the cases of sentence 1 in the calculation of an insured person and a survivor of the same authorized a special grant to consider was, mark is regarded as special grant in the amount of 21 Germans.

§ 4 (1) for pensions from pension insurance of the workers and the pension insurance of employees, based on insurance claims of the years 1957 and 1958, and according to §§ 1253ff. the Reichsversicherungsordnung or §§ 30ff. of the Angestelltenversicherungsgesetzes have been calculated, as well as pensions from the miners pensions insurance and pensions from pension insurance of the workers and the pension insurance of employees with a performance part of the miners pensions insurance allowed the first half-sentence calculated amount does not exceed the amount, which would arise pursuant to section 1 para 1, when calculating the pension without changing the other factors on the basis of the general basis of assessment for the year of 1959 and of the contribution assessment ceiling for this year would be. Other pensions from pension insurance of the workers and the pension insurance of employees is § 33 of the Angestelltenversicherungs new regulation law article 2 § 34 of the Arbeiterrentenversicherungs new Regulation Act or article 2 application. The values specified in these regulations are replaced by the following values: "when an insurance period of..."
Insured widows and widowers pension years DM monthly 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 "section 1282 para 2 apply the Reichsversicherungsordnung and section 59 paragraph 2 of the Angestelltenversicherungsgesetzes.
(2) paragraph 1 sentence 1 does not apply for pensions from the miners pension insurance, which have been calculated pursuant to article 2 § 11 or article 2 § 25 of the Knappschaftsrentenversicherungs new regulatory law.
Footnote 4 § italic: §§ 1282 para 2 RVO, section 59 para 2 AVG go up. Article 2 No. 27 and article 3 No. 3 G v. 1.12.1981 I 1205 mWv 5.12.1981 § 5 is no higher than the previous amount adjustment, it should be to continue to pay.

As far as on supply pensions after the Federal, the maintenance AIDS to the balancing act, the services according to the federal compensation law and federal aid to compensate for hardship in the context of occupational old according to the guidelines of October 17, 1951 (Federal Gazette No. 204 of 20 October 1951) the granting or the amount of benefit of depends, that certain income limits are not exceeded, the increase amounts remain § 6 , payable January until including May 1960 on the basis of the provisions of this Act are not taken into account for the period in the determination of income for months. The same applies when assessing the need for care-legal help. Boost amounts for the period referred to in sentence 1 are not to take into account for the granting of benefits under the unemployment insurance and the unemployment assistance.

§ 7 (1) is the person entitled to give a written notice about the adjustment. Later review indicates 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 rectification is allowed only until December 31, 1960.
§ 1300 of the Reichsversicherungsordnung, article 79 (2) of the Angestelltenversicherungsgesetzes and § 93 (1) of the imperial associations Act remain unaffected.
Footnote section 7 para 2 italic: § 1300 go on RVO. 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 § 8 (1) the provisions of this Act apply in the Saarland, taking into account the version, to apply regulations listed in the Saarland in the §§ 1 to 4 in the referred to in article 2 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 Saar p. 779) , Article 2 article 17 of Act No. 590 to Angestelltenversicherungs new regulatory legislation in the Saar region of 13 July 1957 (Official Journal of the Saar p. 789) and article 4 section 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 Saar S. 1099) be granted.
(2) section 6 applies in the Saarland with the proviso that in place of the Bundesversorgungsgesetzes and of the balancing act, the corresponding Saarland laws come and is to apply the federal compensation law, taking into account its amended in the Saarland.
(3) article 2 section 15 of Act No. 591 to the introduction of the Arbeiterrentenversicherungs new regulatory law in the Saarland, article 2 article 17 of Act No. 590 to Angestelltenversicherungs new regulatory legislation in the Saarland and article 4 repeals section 9 of Act No. 635 to the introduction of the Empire Associations Act and the Knappschaftsrentenversicherungs new control act in the Saarland. For pension claims arising from insured events that occurred after the regulations referred to in sentence 1 prior to the entry into force of this Act, are these regulations continue to apply.
Footnote § 8 para 3 sentence 1: according to d. decision formula with the GG compatible gem. BVerfGE v. 19.7.1967 I 948-2 BvL 1/65 - § 9 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.

§ 10 
This law enter into force on the day after the announcement.