The Twentieth Pension Adjustment And Improving The Financial Basis Of The Statutory Pension Insurance Act

Original Language Title: Gesetz zur Zwanzigsten Rentenanpassung und zur Verbesserung der Finanzgrundlagen der gesetzlichen Rentenversicherung

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The 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)

unofficial table of contents

20. RAG

Date of delivery: 27.06.1977

Full quote:

" Twentieth Pensions Adjustment Act of 27. June 1977 (BGBl. 1040, 1744), the last of which was Article 92 of the Law of 8. December 2010 (BGBl. I p. 1864), "

:Last modified by Art. 92 G v. 8.12.2010 I 1864

For details see the Notes

Footnote

heading: G in accordance with the decision formula of Art. 14. 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559-1 BvL 7/83-
The rule does 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 validity: 1.8.1978 + + +)

Art 1
pension adjustment

footnote

G in accordance with the decision formula with Art. 14 para. 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 formula with Art. 14 para. 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 Non-official table of contents

§ 1

(1) The statutory pension insurance policy is the reason for the change in the general Basis for the year 1977 the insured and survivor ' s pension from insurance cases which occurred in 1976 or earlier, for reference periods of 1. July 1977 in accordance with § § 2 to 8 of this Article.(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 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 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. 1536).

Footnote

G is incompatible with Article 14 (1) sentence 1 of the GG in accordance with the decision-making formula, BVerfGE v. 9.10.1985 I 2559 Non-official table of contents

§ 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), 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 1977 and the contribution assessment limit of the pension insurance scheme 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 § 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 Employee insurance act or § § 75 and 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 in accordance with Article 2 (24) (5) of the Statutory Pension Insurance (Knappschaftsrentenversicherungs-NeuRuleungsgesetz).

Footnote

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§ 3

(1) Pensions in accordance with Article 2 (32) to (35) of the Workers ' Insurance Reregulation Act and Article 2 (31) to (34) of the Law on the New Law of the Insurance Act must be adjusted in such a way as to result in a pension which would arise after the application of the rules of rest, if the pension is rearranged and, in so doing, before the application of the Dormant regulations of the unshortened amount of the insurance pension without a child subsidy for each child and without any increases in contributions of the higher insurance, the widows and widows pension without any increases in the amount of contributions from the higher insurance as well as the orphan's pension after deduction of the amount of the child subsidy in 1957, multiplied by 4,709 and the children's allowance for each child in the age of 1. 1 July 1977, the amount of the increase in the amount of contributions from the higher insurance and orphans ' pensions for half-orphans, the amount of the amount corresponding to the amount of the amount from 1. In the case of orphans for orphans, the amount of the child subsidy and the amount of one-hundred-and-a-half of the general tax base applicable to insurance cases in 1977 would be added in the case of orphans ' pensions. Fillets are allowed. The second sentence of Article 2 (1) of this Article 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/monthwidows and Witwerrents DM/month
50 and more2.520.20 1.512, 10
492.469,801.481,90
482.419.401.451,60
47 2.369,001.421,40
462.318.60 1.391, 20
452.268,201.360,90
442.217.801.330,70
43 2.167, 401.300.40
422.117.00 1.270, 20
412.066.501.239.90
40 and less2.016.101.209.70
(3) The Regulation on the application of the rules on the rest of the Reich Insurance Order and the law on insurance against pensions of the workers and employees of 9. July 1957 (BGBl. 704), 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 is incompatible with Art. 14 (1) sentence 1 GG in accordance with the decision formula, BVerfGE v. 9.10.1985 I 2559 Non-official table of contents

§ 4

(1) The remaining pensions should be adjusted in such a way as to give a pension as to how it would result, if the amount of adjustment to be determined in accordance with § 5 of this Article is multiplied by 1,099 and the performance 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 1,105 and the children's allowance for each child in the age of 1. In the case of orphans for half-orphans, the amount corresponding to this child subsidy and for orphans for full orphans shall be the amount of one hundred and one-hundredth of the 1977 insurance cases for insurance cases. The general assessment base would be added, and deviations due to rounding off are permitted. The increases in the amount of contributions from the higher insurance shall remain unaffected. The second sentence of Article 2 (1) of this Article shall apply.(2) Pensions according to paragraph 1, which meet with a pension from the statutory accident insurance and to which the § § 1278 and 1279 of the Reichsversicherungsordnung, § § 55 and 56 of the German Insurance Act, or § § 75 and 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 scheme if, in accordance with Article 2 of this Article,
b)
for the rest of the Pensions from insurance cases before 1. January 1957, if they were adapted in accordance with § 3 of this Article.

Footnote

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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 the contributions of the higher insurance; in the case of an orphan's pension, the amount of the pension shall be the sum of the amount of the pension after deduction of the amount of the amount corresponding to the amount of 1. The children's allowance shall be determined in 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, which would result from the renewed application of the rules on the establishment, conversion and adjustment of the pensionable amount for July 1977.(2) In cases where a pension has not been paid for July 1977 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 1977 shall be replaced by the amount which would have been payable in July 1977 if the conditions for the fulfilment of the claim existed at that

. Decision formula with Art. 14 para. 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 Non-official table of contents

§ 6

(1) In the case of pensions from the pension insurance of the workers and the employees who are subject to the provisions of § 4 of this Directive Article 2 (34) of the Workers 'Pension Insurance Law or Article 2 (33) of the German Insurance Law on the Reregulation of the Workers' Insurance Act shall apply on the basis of the values laid down in Article 3 (2) of this Article.(2) Insurance pensions of the pension insurance scheme without a child allowance and without a benefit surcharge, which are adjusted in accordance with Article 4 of this Article, shall not exceed the pension basis for the insured person's insured person. Sentence 1 shall apply in the case of survivors ' pensions, subject to the proviso that, in the case of pensions under sections 64, 65 and 66 of the Reichsknappschaftsgesetz, six tenths shall be replaced by pensions of half-orphans. 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 of this Article, may be combined with the provisions of § § 1278 and 1279 of the Reichsversicherungsordnung, § § 55 and 56 of the German Insurance Code Employee insurance act or the limits specified in § § 75 and 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), which are to be taken into account in the calculation of the pensions in accordance with § 2 of this Article. 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 of this Article, may be combined in accordance with § § 1278 and 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung) or in the § § 55 and 56 of the German Insurance Act (Reichsversicherungsordnung) Limit amounts mentioned in the calculation of the pension pursuant to § 3 of this Article shall not be exceeded.

Footnote

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§ 7

Benefits according to § § 27 and 28 of the Social Insurance Act Saar are so to the extent that a payment amount is obtained, as is the case with the application of Law No 345 of Saarland in the version of the notice of 29. July 1953 (Official Journal of the Saarland, p. 520) and the provisions of this Act would result from the previous periods of insurance.

Footnote

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§ 8

The provisions of this section shall apply in the Saarland, taking into account the version in which the to apply in the Saarland in accordance with § § 1 to 7 of this article, including for pensions, which pursuant to Article 2 (15) of 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 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). (Official Journal of the Saarland, p. 1099).

Footnote

G is incompatible with Article 14 (1) sentence 1 of the GG in accordance with the formula of the decision-making formula, BVerfGE v. 9.10.1985 I 2559

Second Section
Adjustment of cash benefits and maintenance allowance from statutory accident insurance

Footnote

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§ 9

(1) The statutory accident insurance policy is the reason for the change in the average Gross wages and salaries between the calendar years 1975 and 1976 the amount of cash benefits dependent on the annual earnings for accidents which occurred in 1975 or earlier, and the care allowance for reference periods of 1 January 2007. January 1978 in accordance with § § 10 and 11 of this Article.(2) Paragraph 1 shall not apply,
to the extent that the cash benefits in the agricultural accident insurance are calculated on the basis of an average annual earnings service,
to the extent that the cash benefits are calculated on the basis of § 13 para. 2 of the Nineteenth Pension adjustment legislation is granted.(3) A cash benefit within the meaning of paragraph 1 shall also apply to a performance in accordance with Section 27 of the Social Insurance Act Saar, which is to be granted by a carrier of the statutory accident insurance.(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 Section 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. I p. 956), the year of the year for which the annual work service was last laid down is valid.

Footnote

G is incompatible with Art. 14 (1) sentence 1 GG in accordance with the decision formula, BVerfGE v. 9.10.1985 I 2559 Non-official table of contents

§ 10

(1) The cash benefits are adjusted in such a way that they are multiplied by 1,074. Annual work earnings are calculated. For the cash benefits to be granted in accordance with Section 27 of the Social Insurance Act Saar, the amount of the annual work earnings shall be the amount without a reduction in accordance with § 9 of the Saarland Law No. 345 as amended by the announcement of the 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 for January 1978 is to be combined with 1,074.

Footnote

G is incompatible with Art. 14 para. 1 sentence 1 GG in accordance with the decision formula, BVerfGE v. 9.10.1985 I 2559 Non-official table of contents

§ 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 is replaced by the higher amount.

Footnote

G is incompatible with Art. 14 para. 1 sentence 1 GG in accordance with the decision formula, BVerfGE v. 9.10.1985 I 2559

Third section
Adjustment of old-age funds in old-age assistance for farmers

Footnote

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§ 12

Ageing aid for farmers is due to change in the general tax base in the 1977 worker's pension insurance against that for 1976 of 9.9 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 (BGBl. 1448), as last amended by Article II (4) of the Law of 23. December 1976 (BGBl. 3845), the age of which is 1. January 1978 for the married beneficiary to 398.00 Deutsche Mark and for the unmarried beneficiary to 265.60 Deutsche Mark monthly.

Footnote

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Fourth Section
Common Rules

Footnote

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§ 13

(1) Pensions from the pension insurance of the workers and the employees, which are based on § § 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 Law and Article 2 (41) of the Employment Insurance-NeuRuleungsgesetz and the pensions referred to in Article 2 (2) of this Article, which meet with a pension from the statutory accident insurance, may, after application of § § 1278 and 1279 of the Reichsversicherungsordnung (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 subsidies 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 of this Article does not give rise to any higher than the previous amount, it shall continue to be paid.(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 has been determined in the adjustment according to the second section of this In accordance with the decision-making formula,

footnote

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§ 14

(1) gives a later check that the adjustment is in error, it must be corrected. 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 benefit under this Act is effective.(2) § § 627 and 1300 of the Reichsversicherungsordnung, § 79 of the German Insurance Act and Section 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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Art 2

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§ § 1 to 12 ----

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§ 13 Amendment of the Pensions Reform Act

The Pension Reform Act of 16. October 1972 (BGBl. 1965), as last amended by § 21 of the Law of 3. June 1976 (BGBl. 1373), is amended as follows:
1.
Article 3 is repealed; the " Foundation for the Protection of Pensions older self-employed persons " shall be dissolved.
2.
The applications submitted to the Foundation under Article 3 (6) of the Pension Reform Act shall be deemed to have been completed. The Board of Directors of the Deutsche compensatory bank performs the measures as unpaid as unpaid from the foundation of the foundation; to this extent, it is subject to the supervision of the Federal Minister of Labour and Social Affairs.
3.
The Board of Directors of the Deutsche compensatory bank has in particular to inform the applicants immediately of the cancellation of the foundation and the completion of their 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. Moreover, the Executive Board of the Deutsche compensatory bank has to keep all operations relating to the Foundation for six years since the foundation was lifted.

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§ § 14 and 15 (omitted)

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Art 3
Transial and Final Provisions

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§ 1

(1) Is the benefit relationship prior to the 1. In the case of a medical or professional rehabilitation measure, the transitional allowance shall be granted in accordance with the provisions of the 30. The rules are in force in June 1977.(2) The institution of the pension insurance scheme shall have insured persons to whom it is before the 1. The Commission has approved, until the end of this period, the granting of professional support measures until the end of the period.(3) The person referred to in paragraph 2 shall be the institution of the pension insurance scheme from 1. The expenses incurred by insured persons who have completed an insurance period of less than 180 calendar months at the time of application shall be reimbursed by the Federal Labour Office, with the exception of the administrative costs. The amount of the refund for expenditure in 1978 shall be 1.

Footnote

G is incompatible with Article 14 (1) sentence 1 of the GG in accordance with the decision-making formula, BVerfGE v. 9.10.1985 I 2559 Non-official table of contents

§ 2

For the years 1971 to June 1977, it remains in accordance with § 385 (2) and (3) of the Wealth insurance policy in the up to 30. Article 393a (1) of the National Insurance Code (Reichsversicherungsordnung) in the period up to 30 June 1977.

article 14 (1

(1) of the GG is incompatible with Article 14 (1) sentence 1 of the GG, BVerfGE v. 9.10.1985 I 2559 Non-official table of contents

§ 3 (omitted)

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§ 4

§ 32 para. 3 sentence 4 of the chimney swept law in the version of this law is valid from 1. January 1978 also in case of supply cases before the 1.

footnote

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§ 5

This law applies in the country in accordance with Section 13 (1) of the Third Transfer Act. Berlin. Legal regulations which are enacted 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 is entered into force: ...
the remaining rules on 1. July 1977.

Footnote

G is incompatible with Art. 14 para. 1 sentence 1 GG in accordance with the decision formula, BVerfGE v. 9.10.1985 I 2559