Law on the twentieth pension adjustment and the improvement of the financial foundations of the statutory pension insurance scheme (twentieth law on pensions adjustment-20). RAG)
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20. RAG
Date of completion: 27.06.1977
Full quote:
" Twentieth pension adjustment law of 27 June 1977 (BGBl. I p. 1040, 1744), most recently by Article 92 of the Law of 8 December 2010 (BGBl. I p. 1864).
| Status: |
Last amended by Art. 92 G v. 8.12.2010 I 1864 |
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Notes
Footnote
Title: G incompatible with Art. 14 (1) sentence 1 GG in accordance with the decision formula, BVerfGE v. 9.10.1985 I 2559-1 BvL 7/83-
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 No 16 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 1057
(+ + + Text proof applicable: 1.8.1978 + + +)
Species 1
Adjustment of pensions
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
First section
Adjustment of pensions from statutory pension insurance
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ 1
(1) In the statutory pension insurance scheme, the insurance and survivor ' s pension for insurance cases which have occurred in 1976 or earlier shall be subject to the change in the general assessment base for 1977. Reference periods of 1 July 1977 to be adjusted in accordance with § § 2 to 8 of this Article. (2) Pensions within the meaning of paragraph 1 also include those referred to in Article 2 § 38 (3) sentence 1 and 2 of the Workers ' Pension Insurance Law and Article 2 § § § § 38. The first and second sentences of the first and second sentences of the first and second sentences of the first and second sentences of the first and second sentences of 1 January to 30 years. June 1977 increased pensions, the compensation in accordance with § 98a of the German Reichsnappschaftsgesetz (Reichsknappschaftsgesetz) and the performance in accordance with § § 27 and 28 of the Social Insurance Act (Social Insurance Act) Saar in the section III of the German Federal Law Gazans, section III, outline number 826-19, published revised version, as last amended by § 10 No. 3 of the Law of 24 June 1975 (BGBl. I p. 1536).
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ 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 the year 1977 and the contribution ceiling of the scarcely Pension insurance for this year would be calculated; deviations due to rounding off are permitted. § 1282 (2) of the Reichsversicherungsordnung, Section 59 (2) of the German Insurance Act or Section 79 (2) of the Reichsnappschaftsgesetz (Reichsnappschaftsgesetz) does not apply in cases in which § § 1278 and 1279 of the Reichsversicherungsordnung, § § 55 and 56 of the Federal Insurance Act § 1253 (2) sentence 5 alone or in connection with § 1254 (2) sentence 2, § 1268 para. 2 sentence 2, § 1290 3 sentence 3 of the last half sentence of the Reichsversicherungsordnung (Reichsversicherungsordnung), § 30 (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 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 Knappschaftsrentenversicherungs-NeuRuleungsgesetz.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ 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). It would result in retirement provisions if the pension is re-changed and, before applying the rules of rest, the unshortened amount of the insurance pension without a child subsidy for each child and without any increase in contributions from the contributions of the Higher insurance, widows 'and widows' pension without any increase in contributions from the Higher insurance and the orphan's pension after deduction of the amount of the child subsidy in 1957, multiplied by 4,709 and the allowance for children for each child in the amount applicable from 1 July 1977, the amounts of the increase from contributions by the Higher insurance and orphans 'pensions for half-orphans, the amount of the child subsidy from 1 July 1977 as well as orphans' pensions for full orphans, the amount of one hundred per cent of the amount for insurance cases of 1977 the general assessment basis shall be added to the relevant general assessment basis; Fillets are allowed. § 2 (1) sentence 2 of this Article 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 this Article, The values set out below shall be based on the following values:
For an insurance period of ... Year-long insurance pension DM/monthwidows and widower s rents DM/month
| 50 and more |
2,520,20 |
1.512.10 |
| 49 |
2,469,80 |
1,481,90 |
| 48 |
2,419,40 |
1,451,60 |
| 47 |
2,369,00 |
1,421,40 |
| 46 |
2.318.60 |
1,391,20 |
| 45 |
2,268,20 |
1,360,90 |
| 44 |
2.217.80 |
1,330,70 |
| 43 |
2,167,40 |
1,300,40 |
| 42 |
2.117.00 |
1,270,20 |
| 41 |
2.066.50 |
1,239.90 |
| 40 and less |
2,016,10 |
1,209,70 |
(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 (BGBl I) to be rearranged. 704) shall apply with the proviso that in Section 1 (3) and (2) (4) of the Regulation, the amount of 37,650 Deutsche Mark is replaced by the amount of 34,273,70 Deutsche Mark, in § 3 (1) of the Regulation, to the point of the amount of 171,60 Deutsche Mark the amount of 808,10 Deutsche Mark, to the point of the amount of 471,60 Deutsche Mark the amount of 2,220,80 Deutsche Mark and in § 3 (2) of the Regulation to the place of the amount of 4.281 Deutsche Mark the amount of 20,161 German Mark occurs.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ 4
(1) The other pensions shall be adjusted in such a way as to result in a pension which would result if the adjustment amount to be determined in accordance with Article 5 of this Article is 1.099 and the benefit surcharge of the crunic pension insurance scheme and the amount of the pension scheme which is to be paid in accordance with Article 5 of this Article. Section 75 (1), second sentence, of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) is to be multiplied by 1,105 and the child subsidy for each child in the amount applicable as from 1 July 1977 as well as in the case of orphans ' pensions for half-orphans the amount equal to that child subsidy and in the case of orphans for full orphans, the amount of one hundred and twenty-one of the in the case of insurance cases of 1977, the general assessment basis shall be added, and any deviations from rounding shall be permitted. The increases in the amount of contributions from the higher insurance shall remain unaffected. § 2 (1) sentence 2 of this Article shall apply. (2) Pensions as referred to in paragraph 1, which meet with a pension from the statutory accident insurance scheme and to which § § 1278 and 1279 of the Reichsversicherungsordnung, § § 55 and 56 of the The application of the Employee Insurance Act or § § 75 and 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) must be adjusted in such a way that it reaches at least the amount that results
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a)
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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 provided in accordance with Article 2 of this Article,
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b)
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in the case of the other pensions from insurance cases before 1 January 1957, if they were adjusted in accordance with Article 3 of this Article.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ 5
(1) Adjustment amount is in the cases of § 4 of this Article of the pension payment amount for July 1977 without a child subsidy for each child and without increasing amounts from contributions of the higher insurance; in the case of an orphan's pension, the amount of adjustment of the Amount of the pension after deduction of the amount corresponding to the child subsidy, which shall be applicable from 1 July 1977. 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 Nineteenth Pension Adjustment Act, the amount of the pension shall be replaced by the sum of the sum of the pensionable amount, (2) In cases in which no pension has been paid in July 1977 or the amount of the pension is paid for in July 1977, the amount of the pension shall be paid in accordance with the conditions laid down by the provisions of the Treaty establishing the European Community. after 30 June 1977, the amount of the pension shall be replaced by the amount of the amount of the pension referred to in paragraph 1 the amount which would have been payable for July 1977 if the conditions for the fulfilment of the claim had existed at that time.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ 6
(1) In the case of pensions arising from the pension insurance of the workers and the employees, which are adjusted in accordance with Article 4 of this Article, Article 2 (34) of the Workers ' Pension Insurance Law or Article 2 (33) of the Employment Insurance-NeuRuleungsgesetz, based on the values provided for in Article 3 (2) of this Article. (2) Insurance rents of the crunch pension insurance without a child grant and no benefit surcharge, which according to § 4 of this In the case of the insured person, the pension assessment basis shall not be subject to the provisions of the Article . 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 and 66 of the Reichsknappschaftsgesetz, six tenths shall be replaced by six tenths in the case of pensions for half-orphans. 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 of this article, the members of the Reich Insurance Act, § § 1278 and 1279 of the Reichsversicherungsordnung, § § 55 and 56 of the German Insurance Act, or those in § § 75 and 76 of the Reichsnappschaftsgesetz (Reichsnappschaftsgesetz) may be together. shall not exceed the limits to be taken into account in the calculation of pensions in accordance with Article 2 of this Article. 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 of this Article, may be the same as those laid down in § § 1278 and 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung) or in the § § 55 and 56 of the Act on the Insurance of Accidents , the limits referred to in Article 3 of this Article in the calculation of the pension shall not exceed.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ 7
Benefits in accordance with § § 27 and 28 of the Social Insurance Act Saar shall be adjusted in such a way as to give rise to a payment amount as determined by the application of the Saarland Law No. 345 in the version of the notice of 29 July 1953 (Official Journal of the Saarland, p. 520) and the provisions of this Act would be based on the insurance periods to date.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ 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 of this article are to be applied in the Saarland, including for pensions, which according to Article 2 (15) of the Law No 591 concerning the 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 (Germany). of 13 July 1957 (Official Journal of Saarland p. 789) and Article 4 (9) of Law No 635 on Introduction of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) and the German Scarcity Pension Insurance (Knappschaftsrentenversicherungs-NeuRuleungsgesetz) in Saarland from 18 June 1958 (Official Journal of Saarland p. 1099).
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
Second section
Adjustment of the cash benefits and the care allowance from the statutory accident insurance
Footnote
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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 1975 and 1976 shall be subject to the amount of the amount of cash benefits, depending on the annual earnings, 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 1978 in accordance with the provisions of Sections 10 and 11 of this Article.
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 Ninth Pension Adjustment Act. (3) As a cash benefit within the meaning of paragraph 1, a performance in accordance with Section 27 of the Social Insurance Act Saar, which is provided by a (4) In the cases of § § 565 and 566 of the Reich Insurance Order in the version of the Sixth Law on Changes in Accident Insurance of 9 March 1942 (RGBl. 107) and in the cases of § 573 (1) and 577 of the Reich Insurance Code, as amended by the Accident Insurance-NeuRuleungsgesetz (Accident Insurance) in the revised version published in the Bundesgesetzblatt, Part III, No. 8231-16, last amended by Article 2 (4) of the Law of 28 July 1969 (BGBl). 956), the year of the year for which the annual work service has been last fixed shall be considered as the year of the accident.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ 10
(1) The amount of cash benefits shall be adjusted in such a way as to be calculated on the basis of an annual work earnings multiplied by 1,074. In the case of cash benefits to be granted pursuant to section 27 of the Social Insurance Act on Saar, the amount of the annual work service shall be the amount without a reduction in accordance with § 9 of Law No 345 of Saarland in the version of the notice of 29. (2) The allowance shall be adjusted in such a way that the amount to be paid in January 1978 is to be combined with 1,074.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ 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.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
Third Section
Adjustment of old-age pension funds in the area of old-age farmers
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ 12
In the case of farmers ' old-age assistance, the change in the general base in the pension insurance scheme of the workers for the year 1977 is equivalent to 9.9 per cent of the one in Article 4 (1) sentence 1 of the Law. on Ageing for farmers in the version of the Notice of 14 September 1965 (BGBl. 1448), as last amended by Article II (4) of the Law of 23 December 1976 (BGBl I). 3845), as from 1 January 1978 for the married person entitled to the marriage, to 398.00 Deutsche Mark and for the unmarried person entitled to the contract to 265.60 Deutsche Mark per month.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
Fourth Section
Common rules
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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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 Articles 2 and 3 of this Article, pensions with benefits or benefits from the pension insurance scheme, pensions under Article 2 (42) of the Workers ' Pension Insurance-NeuRuleungsgesetz and Article 2 (41) of the Federal Insurance Law and the pensions referred to in Article 2 (2) of this Article, which meet with a pension from the statutory accident insurance scheme, may apply in accordance with § § 1278 and 1279 of the Reich Insurance Code, § § 55 and 56 of the Federal Insurance Act and § § 75 and 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 of this Article does not result in higher than the previous payment amount, it shall continue to be paid. (2) Is a cash benefit from the statutory accident insurance, which is based on the previous if it has been established or should have been established, higher than would be the case for the adjustment under the second section of this Article, the person entitled to do so shall be granted the higher performance.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ 14
(1) It shall be corrected if a later 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 adjustment is made. 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. (2) § § 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.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
Fifth Section
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§ § 15 and 16 ----
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Type 2
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§ § 1 to 12 ----
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Section 13 Amendment of the Pension Reform Act
The Pensions Reform Act of 16. October 1972 (BGBl. I p. 1965), as last amended by § 21 of the Law of 3 June 1976 (BGBl. 1373), shall be amended as follows:
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1.
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Article 3 shall be repealed; the "Foundation for the retirement of older self-employed persons" shall be dissolved.
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2.
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The applications submitted to the Foundation under Article 3 (6) of the Pension Reform Act are deemed to have been completed. The Board of Management of the Deutsche compensatory bank carries out the measures resulting from the cancellation of the foundation as an honorary honorary; in this respect, it is subject to the supervision of the Federal Minister for Labour and Social Affairs.
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3.
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The Board of Management of the Deutsche compensatory Bank shall, in particular, inform the applicants immediately of the cancellation of the Foundation and the completion of its applications. In doing so, the applicants shall be informed that they are entitled to recover documents submitted within six months of receipt of the notification. In addition, the Board of Management of the Deutsche compensatory bank has to keep all operations relating to the Foundation for six years since the Foundation's repeal.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ § 14 and 15 (omitted)
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G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
Art 3
Transitional and final provisions
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§ 1
(1) If a medical or professional rehabilitation measure has been approved before 1 July 1977, transitional allowance shall be granted in accordance with the rules in force on 30 June 1977. (2) The institution of the pension insurance scheme (3) The expenses incurred by the insured person in accordance with the provisions of paragraph 2 for insured persons who have been incurred as of 1 July 1978 for the insured persons who have been insured under the conditions laid down in paragraph 2 above. at the time when the application is submitted, an insurance period of less than 180 With the exception of the administrative costs, the Federal Labour Office will reimburse the calendar months. The amount of the refund for expenditure in 1978 shall be due on 1 January 1979.
Footnote
G in accordance with the decision-making formula with Art. 14 (1) sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559
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§ 2
For the years 1971 to June 1977, the contributions to be made pursuant to Section 385 (2) and (3) of the Reich Insurance Code shall remain in the version to be made valid until 30 June 1977; Section 393a (1) of the Reich Insurance Order in the period up to 30 June 1977 shall be no longer applicable in that regard.
Footnote
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§ 3 (omitted)
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§ 4
Section 32 (3) sentence 4 of the Schornsteinfegergesetz (Schornsteinfegergesetz) as amended by this Act shall apply from 1 January 1978 in respect of supply cases which occurred before 1 July 1977.
Footnote
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§ 5
This law shall also apply in the Land of Berlin in accordance with the provisions of Section 13 (1) of the Third Transfer Act. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act.
Footnote
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§ 6
It comes into force: ...
the other provisions on 1 July 1977.
Footnote
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