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

Read the untranslated law here: http://www.gesetze-im-internet.de/rag_20/BJNR010409977.html

Law to the twentieth pension adjustment and improving the financial basis of the statutory pension insurance (twentieth pension adjustment Act - 20 RAG) 20 RAG copy date: 27.06.1977 full quotation: "twentieth pension adjustment Act of June 27, 1977 (BGBl. I S. 1040, 1744), most recently by article 92 of the law of December 8, 2010 (BGBl. I S. 1864) is changed" stand: last amended by article 92 G v. 8.12.2010 I 1864 for more information on the stand number found in the menu see remarks footnote heading : G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I, 2559 - 1 BvL 7/83 - 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. 16 EinigVtr v. 31.8.1990 in conjunction with article 1 G v. 23.9.1990 II 885, 1057 (+++ text proof validity from: 1.8.1978 +++) type 1 pension adjustment footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 first section adjustment of pensions from the statutory pension insurance footnote G in accordance with the formula in the decision with article 14 para 1 set 1 GG incompatible , BVerfGE v. 9.10.1985 I 2559 § 1 (1) in the statutory pension insurance are insured - and pensions from insured events that have occurred in the year 1976 or earlier on the occasion of the change of the general basis of assessment for the year 1977, adapted to cover periods of July 1, 1977 in accordance with paragraphs 2 to 8 of this article.
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 in the Federal Law Gazette Part III section 37, paragraph 3, sentence 1 and 2 of the Angestelltenversicherungs new Regulation Act from 1 January to 30 June 1977 , Outline number 826-19, no. 3 of the Act of 24 June 1975-adjusted version published, last amended by article 10 (Federal Law Gazette I p. 1536).
Footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 § 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 1977 and of 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 applies in 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.
Footnote G in accordance with the formula in the decision with article 14 para 1 set 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 § 3 (1) pensions according to article 2 §§ 32-35 of the Arbeiterrentenversicherungs new Regulation Act and article 2 § § 31-34 of the Angestelltenversicherungs new regulatory law are to adapt, resulting a pension, as she would result after application of the Ruhensvorschriften if the pension once again converted and thereby before application of the Ruhensvorschriften the full amount of insured pension without child support for each child and no costs of increase in Contributions of the supplementary insurance, which reproduced from contributions of the supplementary insurance and the orphan's pension after deduction of the amount of the children grant widow's and widower's pension without increasing amounts in 1957 with 4,709 and the children grant for each child amounting to applicable from 1 July 1977, the increase amounts from the supplementary contributions and orphan's pensions for orphans from the amount in the amount of the children grant applicable from 1 July 1977, as well as for orphan pensions for orphans the amount of a one hundred zwanzigstel of for insured events of the year added 1977 relevant General tax base; Discrepancies due to rounding are allowed. § 2 para 1 sentence 2 of this article 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 2.520,20 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 Ruhensvorschriften of the Reichsversicherungsordnung and the Angestelltenversicherungsgesetzes to be converted to pensions of the pension insurance of workers and employees of 9 July 1957 (BGBl. I S. 704) is subject to the proviso Application, that in article 1, par. 3 and § 2 para 4 of the regulation in place of the amount of 7650 Deutsche mark the amount of 34.273,70 Deutsche mark, in section 3, paragraph 1, of the regulation on the point of the amount of 171,60 Deutsche mark the amount of 808,10 Deutsche mark, at the point of the amount of 471,60 Deutsche mark the amount of 2.220,80 Deutsche mark and in section 3, paragraph 2 of regulation in place of the amount of 4,281 Deutsche mark the Amount of 20.161 Deutsche Mark occurs.
Footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG BVerfGE v. 9.10.1985 I 2559 § 4 (1) are incompatible, the remaining pensions to adapt, resulting a pension, as she would result, if the adjustment amount to be determined according to paragraph 5 of this article with 1,099 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 1,105 reproduced and the children grant for each child in the off 1 July 1977 relevant height as well as the amount of a one hundred zwanzigstel of the relevant claims of the year 1977 general tax base; added for orphan pensions for orphans the amount equal to this children grant and orphan's pensions for orphans Discrepancies due to rounding are allowed. The increase amounts from contributions of the supplementary insurance shall remain unaffected. § 2 para 1 sentence 2 of this article 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 , when according to paragraph 2 of this article, b) on other pensions of insurance cases before January 1, 1957, when they would be adjusted according to paragraph 3 of this article.
Footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG BVerfGE v. 9.10.1985 I 2559 § 5 is incompatible (1) amount of the adjustment in the cases of § 4 of this article the pension amount for July 1977 without child support for each child and without increasing amounts of contributions of supplementary insurance; for orphan pensions adjustment amount is the pension payment amount after deduction of the amount equal to the children grant applicable from 1 July 1977. 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 to nineteenth 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 1977 occurs at the point of the pension payment amount within the meaning of sentence 1.
(2) in the cases where July 1977 no pension has been paid or the amount of the pension changes after 30 June 1977, the amount that is payable would have been for July, 1977, 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.
Footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 § 6 (1) pensions are granted from article 2 § 34 of the Arbeiterrentenversicherungs new Regulation Act or article 2 finds the pension insurance of workers and employees, which are adapted according to paragraph 4 of this article, article 33 of the Angestelltenversicherungs new control law on the basis of the values according to § 3 para 2 of this article application.
(2) insured persons pensions of the miners pensions without child support and performance payment, which are adapted according to paragraph 4 of this article, 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 paragraph 4 of this article, 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 paragraph 2 of this article 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 paragraph 4 of this article, in the §§ 1278 and 1279 of the Reichsversicherungsordnung or the limits referred to in the sections 55 and 56 of the Angestelltenversicherungsgesetzes, must together when calculating the pension according to section 3 of this article to consider are , do not exceed.
Footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG BVerfGE v. 9.10.1985 I 2559 § 7 are incompatible, services according to §§ 27 and 28 of the social security adjustment Act Saar to adapt, that is an amount as he at of Saarland law No. 345 in the version of the notice of July 29, 1953 (Amtsblatt of des Saarlandes p. 520) and would result in the provisions of this Act on the basis of previous insurance periods.
Footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 article 8 the provisions of this section shall apply in the Saarland, taking into account the version, apply in sections 1 to 7 of this article in the regulations listed in the Saarland in article 2 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, (Amtsblatt of des Saarlandes p. 779) , Article 2 article 17 of Act No. 590 to Angestelltenversicherungs new regulatory legislation in the Saar region by July 13, 1957 (Official Journal of the Saarland 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 (Amtsblatt of des Saarlandes S. 1099) be granted.
Footnote G in accordance with the formula in the decision with article 14 paragraph 1 set 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 second section adjustment of cash benefits and care allowances from the statutory accident insurance footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 § 9 (1) of the statutory accident insurance will cause of the change in the average Bruttolohn-and salary sum between the years 1975 and 1976 the year earnings-dependent cash benefits for Accidents that have occurred in the years 1975 or earlier, and the nursing allowance for reference periods from January 1, 1978 in accordance with §§ 10 and 11 of this article is adapted.
(2) paragraph 1 shall not apply as far as 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 nineteenth of pension adjustment Act are provided.
(3) also a performance considered cash benefit within the meaning of paragraph 1 according to § 27 of the social security adjustment Act Saar, which is a carrier of the 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 (RGBl. I p. 107) and § 4 of the Act of 28 July 1969-adjusted version in the cases of Article 573, paragraph 1 and of article 577 of the Reichsversicherungsordnung amended the spinning new regulatory law in the Federal Law Gazette Part III, outline number 8231-16, published, last amended by article 2 (Federal Law Gazette I p. 956) , the year for which the annual earnings has been set last considered accident year.
Footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 § 10 (1) which are cash benefits in the way adapted, that they be calculated after a year earnings multiplied with 1,074. Without a reduction pursuant to § 9 of the Saarland Act No. 345 in the version of the notice of July 29, 1953 considered year earnings the amount for the cash to be awarded according to § 27 of the social security adjustment Act Saar (Amtsblatt of des Saarlandes p. 520) underlies the money power.
(2) the care allowance is adjusted in such a way that the amount to be paid for January 1978 with 1,074 is reproduce.
Footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 § 11 the duplicated 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.
Footnote G in accordance with the formula in the decision with article 14 para 1 set 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 third section adjustment of areas in the age help for farmers footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG BVerfGE v. 9.10.1985 I 2559 are incompatible, § 12 age help for farmers because of the change in the general tax base in the pension insurance of the workers for the year 1977 compared with those for the year 1976 to 9.9 per cent in § 4 para 1 sentence 1 of the Act their age help for farmers as amended by the notice of 14 September 1965 (BGBl. I p. 1448), last amended by article II, section 4 of the Act of 23 December 1976 (BGBl. I S. 3845), set designated areas from 1 January 1978 for the married legitimate 398,00 DM and for the unmarried persons entitled to 265,60 DM per month.
Footnote G in accordance with the formula in the decision with article 14 para 1 set 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 fourth section common rules footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 § 13 (1) pensions from pension insurance of the workers and the employees who adapt are according to paragraphs 2 and 3 of this article , Pensions with benefits or performance shares from miners pensions insurance, pensions referred to in article 2 may § 42 of the Arbeiterrentenversicherungs new Regulation Act and article 2 pensions referred to article 41 of the Angestelltenversicherungs new control law and that in § 2 para 2 of this article, which meet with a pension under the statutory accident insurance, after application of §§ 1278 and 1279 the Reichsversicherungsordnung, §§ 55 and 56 of the Angestelltenversicherungsgesetzes and sections 75 and 76 of the Kingdom Associations Act along with the pension from accident insurance the amount of not less than , the is; 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 of this article 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 of this article, is to grant the higher performance to the owner.
Footnote
G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 § 14 (1) a later review, that the adjustment is not correct, is to correct them. The performance is to grant in which the adjustment occurs 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.
(2) sections 627 and 1300 of the Reichsversicherungsordnung, section 79 of Angestelltenversicherungsgesetzes and article 93, paragraph 1 of the Kingdom Associations Act remain unaffected.
Footnote G in accordance with the formula in the decision with article 14 para 1 set 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 fifth section footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 §§ 15 and 16 - footnote G in accordance with the formula in the decision with article 14 para 1 set 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 type 2 footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 §§ 1 to 12 - note G to in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 § 13 amendment of the pension reform act the pension reform law of 16 October 1972 (BGBl. I S. 1965), last amended by section 21 of the Act of June 3, 1976 (BGBl. I S. 1373), is amended as follows : Article 3 1 is repealed; the "Foundation for the pensions of older self-employed" is resolved.
2. the Foundation referred to in article 3 section 6 of the Act on pension reform provided applications considered done. The Board of Directors of the Deutsche Ausgleichsbank voluntarily performs the Unwinder measures resulting from the repeal of the Foundation; in this respect, it is subject to the supervision of the Federal Minister for labour and Social Affairs.
3. the Board of Directors of the Deutsche Ausgleichsbank shall inform with the termination of the Foundation and the processing of their applications in particular applicants. Applicants that are to point out that they can reclaim submitted documents within six months after receipt of the notification. In addition, the Board of Directors of the Deutsche Ausgleichsbank has to keep all operations concerning the Foundation for six years since the lifting of the Foundation.
Footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 §§ 14 and 15 (dropped out) footnote G in accordance with the formula in the decision with article 14 para 1 set 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 type 3 transitional and final provisions footnote G in accordance with the formula in the decision with article 14 para 1 set 1 GG incompatible , BVerfGE v. 9.10.1985 I 2559 § 1 (1) has been granted the beneficiaries a medical or career-enhancing measure for rehabilitation before July 1, 1977, so is granted transitional allowance after the 30 June 1977 regulations.
(2) the pension insurance has insured, which prior to July 1, 1978 he career-enhancing measures has granted them until their termination continue train while.
(3) that incurred expenses for insured persons who have completed a period of less than 180 calendar months at the time of application, are the carrier of the pension insurance from 1 July 1978 referred to in paragraph 2 with the exception of administrative costs reimbursed from the Federal Labor Agency. The amount of the refund for expenses in the year 1978 is due on January 1, 1979.
Footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 section 2 for the years 1971 to June 1977 remains there in the contributions to be paid according to article 385 par. 2 and 3 of the Reichsversicherungsordnung in the version applicable up to 30 June 1977; § 393a para 1 of the Reichsversicherungsordnung in force until 30 June 1977 amended is in this respect no longer apply.
Footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 § 3 (dropped out) section 4 § 32 paragraph 3 sentence 4 of the chimney sweep law in the version of this Act applies from 1 January 1978 on supply cases that occurred before July 1, 1977.
Footnote G in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 § 5 this law applies in accordance with § 13 para 1 of the third of Reconciliation Act also in the Federal State of Berlin. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.
Footnote G in accordance with the formula in the decision with article 14 para 1 set 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559 § 6 it enter into force:... the other rules on July 1 1977 footnote G for in accordance with the formula in the decision with article 14 para 1 sentence 1 GG incompatible, BVerfGE v. 9.10.1985 I 2559