Einundzwanzigstes Law On The Adjustment Of Pensions From The Statutory Pension Insurance, As Well As The Adjustment Of Cash Benefits Under The Statutory Accident Insurance And The Areas Of Age Help For Farmers

Original Language Title: Einundzwanzigstes Gesetz über die Anpassung der Renten aus der gesetzlichen Rentenversicherung sowie über die Anpassung der Geldleistungen aus der gesetzlichen Unfallversicherung und der Altersgelder in der Altershilfe für Landwirte

Read the untranslated law here: http://www.gesetze-im-internet.de/rag_21/BJNR010899978.html

Einundzwanzigstes law on the adjustment of pensions from the statutory pension insurance, as well as the adjustment of cash benefits under the statutory accident insurance and the areas of age help for farmers (Einundzwanzigstes pension adjustment Act - 21 RAG) 21 RAG copy date: 25.07.1978 full quotation: "Einundzwanzigstes pension adjustment Act of 25 July 1978 (BGBl. I p. 1089), by article 17 of the law of 1 December 1981 (BGBl. I p. 1205) has been changed" stand : Changed learn by article 17 G v. 1.12.1981 I 1205 to the stand number in the menu see remarks footnote the provision shall not apply to the area referred to in article 3 of the Unification Treaty. appendices I Cape. VIII Sachg. H section I no. 16 EinigVtr v. 31.8.1990 in conjunction with art. 1 G v. 23.9.1990 II 885, 1057 (+++ text detection from validity: 5.12.1981 +++) type 1 pension adjustment first section be adjustment of pensions from the statutory pension insurance § 1 (1) in the statutory pension insurance on the occasion of the change of the general tax base up to the year 1981 entered the insured - and pensions insurance cases, the 1 before January 1, 1978 , to cover periods from January 1, 1979, 2. before 1 January 1980 are entered, reference periods from 1 January 1980 and 3 prior to January 1, 1981 are favored, adapted for cover time from January 1, 1981 in accordance with paragraphs 2 to 8 of this article. The pension within the meaning of the sentence also include 1 No. 1 referred to in article 2 section 38, paragraph 3, sentence 1 and 2 of the Arbeiterrentenversicherungs new Regulation Act and article 2 § 37 para 3 sentence 1 and 2 of the Angestelltenversicherungs new Regulation Act from 1 January to 31 December 1978 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, outline number 826-19, (2) include pensions within the meaning of paragraph 1 No. 3 of the Act of 24 June 1975 adjusted version published, last amended by article 10 (Federal Law Gazette I p. 1536).

Section 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 make if the pension without changing the other factors on the basis of the General base applicable on 1 January of the relevant year; calculated Discrepancies due to rounding are allowed. Sentence 1 the amount of 22.472 applies to insurance cases that occurred in the period from 1 January to 30 June 1978, with the proviso that as a general basis for the adjustment to January 1, 1980 in the pension insurance of the workers and the employees Deutsche mark and the miners pensions insurance the amount of 22.712 Deutsche mark and adjustment to January 1, 1981 in the pension insurance of the workers and the employees the amount of 23.146 Deutsche mark and in the miners pensions insurance the amount of mark assumes 23.393 Germans. § 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 alone or in conjunction with article 1265a, paragraph 3, sentence 2 the last half sentence 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, § 1304a para 4 of the Reichsversicherungsordnung, § 30 para 2 sentence 5 alone or in conjunction with article 31, paragraph 2, sentence 2 , Section 45, paragraph 2, sentence 2, section 67, paragraph 3, sentence 3 last half sentence alone or in conjunction with section 42a, paragraph 3, sentence 2 the last half sentence, § 83a para 4 of the Angestelltenversicherungsgesetzes, § 53, paragraph 3, sentence 5 alone or last in conjunction with article 53, paragraph 5, sentence 2, section 69, paragraph 2, sentence 2, § 82 para 3 sentence 3 half-sentence alone or in conjunction with § 65a, paragraph 3, sentence 2 the last half sentence , section 96a paragraph 4 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.

§ 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 from contributions of the supplementary insurance , the widow's and widower's pension without increasing amounts from contributions of the supplementary insurance and the orphan's pension after deduction of the amount in the amount of the children grant in 1957 for reference periods from January 1, 1979 with 4,9213 for reference times from the 1 January 1980 at 5,1182 and on reference times from January 1, 1981 with 5,3228 copied and the child support for each child in the amount applicable from 1 July 1977 , the increase amounts from the supplementary contributions and orphan's pensions for orphans 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 the general tax base to be in the adjustment according to § 2 para 1 of this article; added Discrepancies due to rounding are allowed. § 2 para 1 sentence 3 of this article shall apply.
(2) article 2 § 33 of the Angestelltenversicherungs new regulatory act § 34 of the Arbeiterrentenversicherungs new Regulation Act and article 2 are to apply subject to the proviso that the values of the annex to this regulation are to be based in place of the values referred to in these regulations.
(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 in the Federal Law Gazette Part III, outline number 8232-4-1, in the published adjusted version, apply subject to the proviso that in article 1, par. 3 and § 2 para 4 of the regulation in place of the amount of 7.650 Deutsche mark for reference time by 1 January 1979 at the amount of 35.815,60 Deutsche mark , for reference periods from January 1, 1980, in the amount of 37.248,70 Deutsche mark and for reference times from January 1, 1981, to the amount of 38.737,90 Deutsche mark, in section 3, paragraph 1, of the regulation in place of the amount of 171,60 Deutsche mark for reference time by 1 January 1979 at the amount of 844,50 Deutsche mark, for reference periods from January 1, 1980, in the amount of 878,30 Deutsche mark and reference time from January 1, 1981, to the amount of 913,40 Deutsche mark, in place of the amount of 471,60 Deutsche mark for reference time by 1 January 1979 at the amount of 2.320,90 Deutsche mark, for reference periods from January 1, 1980, in the amount of 2.413,80 Deutsche mark and reference time from January 1, 1981, to the amount of 2.510,30 Deutsche mark and in section 3, paragraph 2 of regulation in place of the amount of 4,281 Deutsche mark for reference time by 1 January 1979 at the amount of 21.068 Deutsche mark , for reference periods from January 1, 1980, in the amount of 21.911 Deutsche mark and reference time from January 1, 1981, to the amount of 22.787 Deutsche Mark occurs.

§ 4 
(1) the remaining pensions are to adapt, resulting a pension, as she would result, if the adjustment amount to be determined according to paragraph 5 of this article for reference periods from January 1, 1979 to with 1,045 and for reference periods from January 1, 1980 and 1 January 1981 with 1.04 reproduced and the children grant for each child amounting to authoritative as of July 1, 1977, and orphan's pensions for orphans the amount equal to this children grant and orphan's pensions for Orphans; added to the amount of a one hundred zwanzigstel of the general tax base to be in the adjustment according to § 2 para 1 of this article Discrepancies due to rounding are allowed. For pensions based on one insured event during the period from 1 January to 30 June 1978, the factor 1.03 takes the place of the factor of 1.04 in the adjustment to January 1, 1981. For orphan pensions on the basis of insurance cases which occurred after December 31, 1977, section 46 sentence 4 of the Angestelltenversicherungsgesetzes and of section 69 (6) sentence 4 of the Kingdom Associations Act in place in cases of § 1269 sentence 4 of the Reichsversicherungsordnung occurs the pursuant to sentence of 1 amount added to the orphan's pensions half of this amount. The increase amounts from contributions of the supplementary insurance shall remain unaffected. § 2 para 1 sentence 3 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.

§ 5 (1) amount of adjustment is the pension payment amount for the month of January of the respective year of adjustment without child support for each child and no costs of increase in from contributions of the supplementary insurance; in the cases of § 4 of this article Orphan's pensions adjustment amount is the pension payment amount to increase any amount under section 1269 set 3 and 4 of the Reichsversicherungsordnung, § 46, set 3 and 4 of the Angestelltenversicherungsgesetzes and § 69 paragraph 6 sentence 3 and 4 of the imperial associations Act. Results in renewed examination, that the pension has been incorrectly identified, converted or adapted in accordance with the previous pension adjustment laws, the amount that would arise after renewed application of the rules on the identification, conversion and adaptation as a pension payment amount for the month relevant pursuant to sentence 1 takes the place of the pension payment amount within the meaning of sentence 1.
(2) in cases where the pursuant to paragraph 1 sentence 1 relevant month no pension has been paid or the number amount of pension changes according to the day before the start of this month, the amount that is payable would have been for this month, 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.

§ 6 (1) for pensions from pension insurance of workers and employees, which are adapted according to paragraph 4 of this article is article 2 § 34 of the Arbeiterrentenversicherungs new Regulation Act or article 2 § 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 take into account are , do not exceed.

§ 7 services are Saar after the sections 27 and 28 of the social security adjustment Act to adapt, that is an amount as he is 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.

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, (Official Journal of the Saarland p. 779), article 2 article 17 of Act No. 590 to Angestelltenversicherungs new regulatory legislation in the Saar region of 13 July 1957 (Amtsblatt of des Saarlandes p. 789) and Article 4 article 9 of Act No. 635 to the introduction of the Empire Associations Act and the Knappschaftsrentenversicherungs new Regulation Act in Saarland by June 18, 1958 (Official Journal of the Saarland S. 1099) be granted.
Second section adjustment of cash benefits and care allowances from the statutory accident insurance are § 9 (1) of the statutory accident insurance in occasion of the change of the average Bruttolohn-and salary sum between the calendar years 1976 and 1977 adjusted the year earnings-dependent cash benefits for accidents that have occurred in 1976 or earlier in the year and the care allowance for reference periods from January 1, 1979 in accordance with §§ 10 and 11 of this article.
(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 twentieth of pension adjustment Act are granted.
(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.

§ 10 (1) cash benefits be adjusted in such a way that they are calculated according to a year earnings multiplied with 1,069. 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 1979 with 1,069 is reproduce.

§ 11 the reproduced 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.
Third section adjustment of areas in the age help for farmers § 12 
Age help for farmers that are according to the change of pensions under the pension insurance of the workers up to the year 1981 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 1 section 16 of the Act of 27 June 1977 (Federal Law Gazette I p. 1040) , 1744), designated monthly areas from January 1, 1979 at 416,00 German marks, from 1 January 1980 to 432,70 Deutsche mark, and by January 1, 1981 on 450,10 German mark for the married legitimate, as well as from January 1, 1979 to 277,60 German marks, from 1 January 1980 to 288,70 Deutsche mark, and by January 1, 1981 to 300,30 German marks for the unmarried set.
Fourth section common rules of section 13 (1) pensions from pension insurance of workers and employees, to adapt according to paragraphs 2 and 3 of this article are pensions with benefits or performance parts from the miners pensions insurance, pensions under article 2 § 42 of the Arbeiterrentenversicherungs new Regulation Act and article 2 pensions referred to in section 41 of the Angestelltenversicherungs new regulatory law and in § 2 para 2 of this article, with a pension from meet the statutory accident insurance , § may 1278 and 1279 of the Reichsversicherungsordnung, after application of sections 55 and 56 of the Angestelltenversicherungsgesetzes and sections 75 and 76 of the Kingdom Associations Act along with the pension from the accident insurance the amount fall below, which 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 is to continue to pay.
(2) is a cash benefit from the statutory accident insurance, which has been determined on the basis of the existing legal regulations or would need to be found, higher, as she would be in the adjustment after the second section of this article, is to grant the party entitled to the higher performance.

Section 14 (1) results in a later review, that the adjustment is not correct, it is correct. 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.
Fifth section § 15 - sixth section § 16 (1) is the development of the average income of workers in two consecutive calendar years according to more than a quarter behind the assumptions of the medium-term economic projection of for the years 1978 to 1982 the Federal Government back or falls below the number of insurance employees exceeds the number of beneficiaries the assumptions of the pension adjustment report in 1978 for the same period significantly , the Federal Government has to propose appropriate measures in the revenue or expenditure or both together to the legislative bodies. The development of the economic performance of is the change of the income per employee and the financial situation of the statutory pension insurance, as they are in compliance with the in section 1385 para 1 sentence 1 of the Reichsversicherungsordnung, § 112 para 1 sentence 1 of the Angestelltenversicherungsgesetzes and section 130 subsection 1 sentence 1 of the Kingdom Associations Act of defined contribution rate results into account.
(2) paragraph 1 shall apply until the revision of pensions according to the judgment of the Federal Constitutional Court of 12 March 1975 (Federal Law Gazette I p. 748).
Type of 2 and 3 type 4 transitional and final provisions § 1 - § 2 Berlin clause 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.

Article 3 entry into force it enter into force:... the other regulations in the wake of the announcement.

Appendix to article 1 § 3 site of the original text: BGBl. I 1978, 1094 ceilings referred to in article 2 § 34 of the Arbeiterrentenversicherungs new Regulation Act and article 2 § 33 of the Angestelltenversicherungs new control law for an insurance period of... Years insured pensions DM/month widows and widowers pensions DM/month a) for reference periods from 1 January 1979 to 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 from January 1, 1980 to 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 from 1 January 1981 to 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