Twenty-first law on the adjustment of pensions from statutory pension insurance, as well as the adjustment of cash benefits from statutory accident insurance and old-age pensions for farmers (twenty-one-year old) Pension Adjustment Act-21. RAG)

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21. RAG

Date of completion: 25.07.1978

Full quote:

" Twenty-first Pension Adjustment Law of 25 July 1978 (BGBl. 1089), by Article 17 of the Law of 1 December 1981 (BGBl I). I p. 1205).

Status:

Amended by Art. 17 G v. 1.12.1981 I 1205

For more details, please refer to the menu under Notes

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 No 16 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 1057
(+ + + Text proof applicable: 5.12.1981 + + +)

Species 1
Adjustment of pensions

First section
Adjustment of pensions from statutory pension insurance

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§ 1

(1) In the statutory pension insurance scheme, the insurance and survivor ' s pensions shall be the subject of the change in the general tax base up to 1981, in the case of insurance cases, which shall:

1.

before 1 January 1978, for reference periods of 1 January 1979,

2.

before 1 January 1980, in respect of reference periods of 1 January 1980, and

3.

before 1 January 1981, for reference periods of 1 January 1981,

in accordance with the provisions of Sections 2 to 8 of this Article. The pensions within the meaning of the first sentence of sentence 1 also include those referred to in Article 2 (38) (3) (1) and (2) of the Workers 'Pension Insurance Act and Article 2 (37) (3) sentence 1 and 2 of the Act on the Reregulation of the Workers' Pension Insurance Act of 1 January 2011. (2) Pensions within the meaning of paragraph 1 include the compensatory benefit 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 published in the Bundesgesetzblatt part III, outline number 826-19, Revised version, as last amended by Section 10 (3) of the Law of 24 June 1975 (BGBl). I p. 1536). Unofficial 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), final half-sentence of the Employment Insurance Act and Section 54 (1), final half-sentence of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), as well as the rules of reduction and suspension, would result if the pension was not amended to the other calculation factors on the basis of the the general basis of assessment applicable in each year; deviations due to Fillets are allowed. The first sentence shall apply to insurance cases which occurred in the period from 1 January to 30 June 1978, on the basis of which the general assessment base for the adjustment to 1 January 1980 in the pension insurance of the workers and the employees the amount of 22,472 Deutsche Mark and in the crunic pension insurance the amount of 22,712 Deutsche Mark and for the adjustment as of 1 January 1981 in the pension insurance of the workers and the employees the amount of 23.146 German Mark and in the crunic pension insurance the amount of 23,393 Deutsche Mark is based on. § 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 Third sentence, third sentence, last half-sentence alone or in conjunction with § 1265a (3) sentence 2, final half-sentence, § 1304a § 30 (2) sentence 5 alone or in conjunction with § 31 para. 2 sentence 2, § 45 para. 2 sentence 2, § 67 para. 3 sentence 3 last semi-sentence alone or in connection with § 42a para. 3 sentence 2 last half sentence, § 83a para. 4 of the Employee Insurance Act, § 53 (3) sentence 5 alone or in conjunction with § 53 (5) sentence 2, § 69 para. 2 sentence 2, § 82 para. 3 sentence 3 final half-sentence alone or in conjunction with § 65a (3) sentence 2 last half sentence, § 96a para. 4 of the Reichsknappschaftsgesetz, Article 2 (3) (3) sentence 4, second half-sentence of the Workers 'Pension Insurance-NeuRuleungsgesetz (Workers' Insurance-NeuRuleungsgesetz) Article 2 § 37 (3) sentence 4, second half-sentence of the Act on the Reregulation of the Federal Employment Insurance Act has been applied. (3) Paragraph 1 shall apply, in accordance with the pensions of the pension insurance scheme, which pursuant to Article 2 (24) (5) of the The new law on the new law on the protection of pensions is to be paid. Unofficial table of contents

§ 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 for reference periods of 1 January 1979 to 4,9213, for reference periods of 1 January 1980 to 5,1182 and for reference periods of 1 January 1981 to 5.3228 and the allowance for children for each child in the amount applicable as from 1 July 1977, the amounts of increase from contributions from higher insurance and orphans ' pensions for half-orphans, the amount of which shall apply as from 1 July 1977. Children's allowance and orphans ' pensions for full orphans of the amount of a One-hundred-and-a-half of the general assessment basis to be used for the adjustment in accordance with Article 2 (1) of this Article would be added; deviations due to rounding off are permitted. § 2 (1) sentence 3 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, (3) The Regulation on the application of the provisions of the law on the rest of the Reich Insurance Code and the Act on the Insurance of Obligations to Pensions To Be Converted the pension insurance of the workers and employees in the Federal Law Gazans Part III, section No. 8232-4-1, published in the adjusted version, applies that in Section 1 (3) and (2) (4) of the Regulation, the amount of 7,650 Deutsche Mark for reference periods of 1. Deutsche Mark, for reference periods of 1 January 1980 to the amount of 37,248.70 Deutsche Mark and for reference periods of 1 January 1981 to the amount of 38,737,90 Deutsche Mark, in section 3 (1) of the Regulation to the amount of 35,815,60 Deutsche Mark, The amount of 171.60 Deutsche Mark for reference periods of 1 January 1979 to the amount of 844,50 German Mark, for reference periods of 1 January 1980 at the amount of 878.30 Deutsche Mark and for reference periods of 1 January 1981, to the amount of 913,40 Deutsche Mark, to the point of the amount of 471,60 Deutsche Mark for reference periods of 1 January 1979 at the Amount of 2,320,90 Deutsche Mark, for reference periods of 1 January 1980 to the amount of 2,413,80 Deutsche Mark and for reference periods of 1 January 1981 to the amount of 2,510,30 Deutsche Mark and in § 3 (2) of the Regulation to the point of the amount of 4.281 Deutsche Mark for reference periods of 1 January 1979 to the amount of 21,068 Deutsche Mark, for Reference periods of 1 January 1980 shall apply to the amount of 21,911 Deutsche Mark and, for reference periods of 1 January 1981, to the amount of 22,787 Deutsche Mark. Unofficial table of contents

§ 4

(1) The other pensions shall be adjusted in such a way as to result in a pension as would be the case if the adjustment amount to be determined in accordance with Article 5 of this Article for reference periods of 1 January 1979 is at 1,045 and for reference periods of 1 January 1980 1 January 1981 shall be multiplied by 1.04 and the child allowance shall be paid for each child in the amount determined from 1 July 1977, as well as in the case of orphans for half-orphans, the amount equal to that child subsidy and orphans ' pensions for full orphans of the Amount in the amount of one hundredweight of the adjustment according to Article 2 (1) of this Article on the basis of the general assessment base; deviations due to rounding shall be permitted. In the case of pensions based on an insurance case which occurred in the period from 1 January to 30 June 1978, the factor 1.03 shall be replaced by the factor 1.04 in the case of the adjustment to 1 January 1981. In the case of an orphan's pension due to insurance cases which occurred after 31 December 1977, in the cases of § 1269 sentence 4 of the Reichsversicherungsordnung, § 46 sentence 4 of the Federal Insurance Act and Section 69 (6) sentence 4 of the German Insurance Act Reichsknappschaftsgesetz (reichsknappschaftsgesetz), instead of the amount to be added to the orphan's pension under the first sentence, half of that amount. The increases in the amount of contributions from the higher insurance shall remain unaffected. § 2 (1) sentence 3 of this Article shall apply. (2) Pensions as referred to in 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 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

a)

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,

b)

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.

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§ 5

(1) Adjustment amount is in the cases of § 4 of this Article of the pension payment amount for the month of January of the respective adjustment year without a child subsidy for each child and without increasing amounts from contributions of the higher insurance; for orphans ' pensions is the adjustment amount of the pension payment amount after deduction of the amount of the increase according to § 1269 sentence 3 and 4 of the Reichsversicherungsordnung, § 46 sentence 3 and 4 of the Federal Insurance Act and § 69 (6) sentence 3 and 4 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 previous legislation on the adjustment of pensions, the amount of the pension shall be replaced by the amount of the sum of the amount referred to in the first sentence of sentence 1, which shall be replaced by the amount of the pension (2) In cases where no pension for the month following the first sentence of paragraph 1 does not apply, the amount of the pension for the month following the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence has been paid or the amount of the pension has been changed after the day before the beginning of this month, shall replace the amount of the pension within the meaning of paragraph 1 of the amount which would have been payable for that month, if the conditions for the fulfilment of the claim had existed at that time. Unofficial table of contents

§ 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 pensions shall not exceed. Unofficial table of contents

§ 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. Unofficial table of contents

§ 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).

Second section
Adjustment of the cash benefits and the care allowance from the statutory accident insurance

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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 1976 and 1977 shall mean the amount of the amount of cash benefits paid by the annual employment service for accidents, which in the course of the year shall be In 1976 or earlier, and the care allowance for reference periods of 1 January 1979 has been adjusted in accordance with Articles 10 and 11 of this Article. (2) Paragraph 1 shall not apply,
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 Twentieth Pension Adjustment Act. (3) As a cash benefit within the meaning of paragraph 1, a performance in accordance with § 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. Unofficial table of contents

§ 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 1,069. 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 1979 is to be made up to 1,069. Unofficial 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 will be replaced by the higher amount.

Third Section
Adjustment of old-age pension funds in the area of old-age farmers

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§ 12

In the case of old-age assistance for farmers, in line with the change in pensions in the pension insurance scheme of the workers up to 1981, the first sentence of Article 4 (1) of the Act on Ageing Aid for Farmers is set out in the version of the 14. September 1965 (BGBl. 1448), as last amended by Article 1 (16) of the Law of 27 June 1977 (BGBl I). 1040, 1744), referred to monthly pensions from 1 January 1979 to 416.00 Deutsche Mark, from 1 January 1980 to 432.70 Deutsche Mark and from 1 January 1981 to 450,10 Deutsche Mark for the married person and 1. 1 January 1979, to 277.60 Deutsche Mark, from 1 January 1980 to 288.70 Deutsche Mark and from 1 January 1981 to 300,30 Deutsche Mark for unmarried persons entitled to unmarried persons.

Fourth Section
Common rules

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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 a higher amount than the previous payment amount, it is to be repaid. (2) Is a cash benefit from the statutory accident insurance, which is based on the previous the legal requirements have been or should have been established, higher than would be the case with the adjustment in accordance with the second section of this Article, the person entitled to do so shall be granted the higher performance. Unofficial table of contents

§ 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.

Fifth Section

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§ 15

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Sixth Section

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§ 16

(1) In two consecutive calendar years, the trend in average employees ' incomes shall be more than one-fourth of the assumptions of the Federal Government's medium-term economic projection for the years 1978 to 1982. the number of employees subject to insurance or exceeding the number of pensioners substantially exceeds the assumptions of the pension adjustment report 1978 for the same period of time, the Federal Government has the legislative Physical bodies shall take appropriate measures in respect of revenue or expenditure, or for both of them together. The development of economic performance, the change in income per employee and the development of the financial position of the statutory pension insurance, as defined in § 1385 (1) sentence 1 of the § 112 (1) sentence 1 of the German Insurance Act and Section 130 (1), first sentence, of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz). (2) The first paragraph shall apply until the new rules of the German law on the application of the law are applied. Survivors ' pensions in accordance with the judgment of the Federal Constitutional Court of 12 March 1975 (BGBl. 748).

Type 2 and 3

Species 4
Transitional and final provisions

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§ 1

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§ 2 Berlin clause

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. Unofficial table of contents

§ 3 Entry into force

It comes into force: ...
the other provisions on the day after the announcement. Unofficial table of contents

Annex to Article 1 (3)

Source of the original text: BGBl. I 1978, 1094
Maximum limits laid down in Article 2 (34) of the Workers ' Pension Insurance Act and Article 2 (33) of the Employee Insurance-NeuRuleungsgesetz For an insurance period of ... Year-long insurance pension DM/monthwidows and widower s rents DM/month

a)	for reference periods of 1 January 1979
	50 and more	2,633,50	1,580,10
	49	2,580,90	1.548,50
	48	2,528,20	1.516.90
	47	2,475,50	1,485,30
	46	2,422,90	1,453,70
	45	2,370,20	1,422,10
	44	2.317.50	1,390,50
	43	2,264,90	1.358.90
	42	2,212,20	1.327,30
	41	2,159,50	1,295,70
	40 and less	2,106,80	1,264,10
b)	for reference periods of 1 January 1980
	50 and more	2,738,90	1,643,40
	49	2,684,10	1,610,50
	48	2,629,40	1,577,60
	47	2,574,60	1,544,80
	46	2,519,80	1.511.90
	45	2.465.00	1.479,00
	44	2.410.30	1,446,20
	43	2,355,50	1,413,30
	42	2,300,70	1,380,40
	41	2,245,90	1,347,60
	40 and less	2,191,10	1,314,70
c)	for reference periods of 1 January 1981
	50 and more	2,848,40	1,709,10
	49	2,791,50	1,674,90
	48	2.734.50	1,640,70
	47	2,677,50	1,606,50
	46	2,620,60	1,572,30
	45	2,563,60	1,538,20
	44	2,506,60	1,504,00
	43	2,449,60	1,469,80
	42	2,392,70	1,435,60
	41	2,335,70	1,401,40
	40 and less	2,278,70	1,367,30