Fourth Act On The Adjustment Of Pensions From The Statutory Pension Insurance On The Occasion Of The Change Of The General Basis Of Assessment For The Year 1961

Original Language Title: Viertes Gesetz über die Anpassung der Renten aus den gesetzlichen Rentenversicherungen aus Anlaß der Veränderung der allgemeinen Bemessungsgrundlage für das Jahr 1961

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/rag_4/BJNR020090961.html

Fourth Act on the adjustment of pensions from the statutory pension insurance on the occasion of the change of the general basis of assessment for the year 1961 (fourth pension adjustment Act - 4. RAG) 4. RAG copy date: 20.12.1961 full quotation: "Fourth pension adjustment Act in the adjusted version published in the Federal Law Gazette Part III, outline number 8232-10-4," footnote 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. 15 EinigVtr v. 31.8.1990 in conjunction with art. 1 G v. 23.9.1990 II 885, 1057 (+++ text detection from validity: 1 1.1964 +++) § 1 (1) in the statutory pension insurance the insured person and pensions insurance cases, 1960 or earlier are occurred in the year for reference periods from January 1, 1962 in accordance with §§ the 2ff are on the occasion of the change of the general basis of assessment for the year of 1961. adapted.
(2) also include to the pension within the meaning of paragraph 1 under article 2 § 38 paragraph 3 sentence 1 of the Arbeiterrentenversicherungs new Regulation Act and article 2 § 37 para 3 sentence 1 of the Angestelltenversicherungs new regulatory law increased pensions of beneficiaries who have reached the age of 65, in 1961.
(3) the provisions of paragraph 1 shall not apply to the wages of the associations.

Section 2 (1) pensions, according to §§ 1253ff. the Reichsversicherungsordnung, §§ 30ff. the Angestelltenversicherungsgesetzes or §§ 53ff. the Kingdom associations law are calculated, to adapt, that is a pension, as she would result after application of the reduction and Ruhensvorschriften, if the pension without changing the other factors on the basis of the general basis of assessment for the year of 1961 and of the contribution assessment ceiling for this year would be calculated Discrepancies due to rounding are allowed. Section 1282 para 2 of the Reichsversicherungsordnung, § 59, para. 2 of the Angestelltenversicherungsgesetzes and § 79 paragraph 2 of the Kingdom Associations Act do not apply. In the cases of referred to in article 2 section 38, paragraph 3, sentence 2 second half-sentence of the Arbeiterrentenversicherungs new Regulation Act or article 2 of section 37, paragraph 3, sentence 2 second half-sentence of the Angestelltenversicherungs new Regulation Act clause 1 does not apply.
((2) paragraph shall apply 1 sentence 1 and 2 for pensions of the pension insurance of miners, the a) referred to in article 2 § 24 para 5 of the Knappschaftsrentenversicherungs new regulatory law be paid or b) have been calculated according to article 2 § 25 of the Knappschaftsrentenversicherungs new regulatory law §§ 75, are, if they have found 76 of the imperial associations Act application.
Footnote 2 section italics: §§ 1253-1256 RVO go up. by art. 6 Nr. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 § 2 italic: § 1282 para 2 go to START. Article 2 No. 27, section 59 para 2 AVG go up. by article 3 No. 3 and § 79 paragraph 2 go to RCC. by article 4 No. 5 G v. 1.12.1981 I 1205 mWv 5.12.1981 § 3 (1) pensions referred to in article 2 §§ 32-35 of the Arbeiterrentenversicherungs new Regulation Act or article 2 § § 31-34 of the Angestelltenversicherungs new regulatory law are to adapt, resulting a pension, as she would result after application of the reduction and Ruhensvorschriften if the pension once again converted and thereby before application of the reduction and Ruhensvorschriften the full amount of pension without child support for each child and without increasing amounts of contributions of supplementary insurance with 1,2439 copied and the child allowance for each child calculated in accordance with the general tax base for the year 1961; Discrepancies due to rounding are allowed. Section 2, subsection 1, sentence 2 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 675,--405,--49 661,50 396,90 48 648,--388,80 47 634,50 380,70 46 621,--372,60 45 607,50 364,50 44 594,--356,40 43 580,50 348,30 42 567,--340,20 41 553,50 332,10 40 and less 540,--324,--(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 the workers and the employees of 9 July 1957 (Bundesgesetzbl. I S. 704) apply subject to the proviso that in § 1, paragraph 3, and § 2 para 4 of the regulation in place of the amount of 7.650 Deutsche mark the amount of 9.180 Deutsche mark, in section 3, paragraph 2, of the regulation on site the amount of 4,281 Deutsche mark the amount of 5.325* rechargeable Deutsche mark and in section 4 paragraph 2 sentence 4 of regulation in place of the amount of 750 Deutsche, the amount of 900 German mark mark occurs.

§ Be adjusted 4 other pensions in the manner that the adjustment amount to be determined according to § 5 with 1.05; reproduced the amount arising as a result of child support and not subject to the adjustment pension parts are to add back. The performance payment of miners pensions insurance and the amount to be belassende according to § 75 paragraph 1 sentence 2 of the Kingdom Associations Act are to reproduce with 1.1. The child allowance for each child shall be calculated after the general basis of the year 1961.

§ 5 the pension amount for January 1962 without child support for each child is reduces to the special allowance and the increase amounts from contributions of supplementary insurance in cases of § 4, (1) amount of adjustment. 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.
(2) in the case of pensions, to apply section 3 para 1 sentence 2 of the third of pension adjustment Act was on the adjustment amount is the amount resulting after application of § 1 para 1 first half-sentence of the third of pension adjustment Act. In place of the pension number amount for January 1961 enters the pension amount for January 1962 (3) in the cases where January 1962 no pension has been paid or the amount of the pension is increased after December 31, 1961, takes the place of the pension payment amount within the meaning of paragraph 1 the amount that had been paid for January 1962 , if the conditions for the fulfilment of the claim is then passed.
(4) in the case of pensions, after article 2 § 42 of the Arbeiterrentenversicherungs new Regulation Act, article 2 2 § 11 of the Knappschaftsrentenversicherungs new regulatory law are calculated section 41 of the Angestelltenversicherungs new Regulation Act and article, as special grant funds 21 Deutsche mark for insurance pensions and 14 German mark for survivor's pensions. In the cases of sentence 1 in the calculation of an insured person and a survivor of the same authorized a special grant to consider was, mark is regarded as special grant in the amount of 21 Germans.

§ 6 (1) for pensions from pension insurance of the workers and the pension insurance of employees, which are adapted according to § 4, find 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 application.
(2) insured persons pensions of the miners pensions without child support and performance payment, which are adapted according to § 4, may 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 after sections 64, 65, 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) pensions of insurance cases after December 31, 1956, which meet with a pension under the statutory accident insurance and be adjusted according to § 4, may, if both pensions together in §§ 1278, 1279 the Reichsversicherungsordnung, sections 55, 56 of the Angestelltenversicherungsgesetzes or the §§ 75, mentioned limits exceed 76 of the imperial associations Act, does not exceed the amount which would arise if the pension according to §§ 1253ff. the Reichsversicherungsordnung, §§ 30ff. the Angestelltenversicherungsgesetzes or §§ 53ff. Empire associations act calculated and adjusted according to § 2 would. 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 which will be adapted according to § 4 may not exceed if both pensions together 1279 mentioned limits exceed in §§ 1278, the Reichsversicherungsordnung or sections 55, 56 of the Angestelltenversicherungsgesetzes, the amount, which would arise if the pension under section 3 would be adapted.

§ 7 is no higher than the previous amount adjustment, it should be to continue to pay.

§ 8 


As far as in pensions after the Federal and the laws that explain the Federal applicable, the maintenance AIDS to the balancing act, the benefits to the federal compensation law, the rental and loads of aid according to the law concerning the granting of rental and loads of aid and the second Housing Act and the Federal aid to compensate for hardship in the context of operating old according to the guidelines of October 17, 1951 (Federal Gazette No. 204 of 20 October 1951) the granting or the amount of the benefits of other Income depending on is, stay the boost amounts, to provide for the months January including May 1962 on the basis of the provisions of this Act are not taken into account for the period in the determination of income. The same applies when assessing the need for care-legal help. Boost amounts for the period referred to in sentence 1 are not to take into account for the granting of benefits under the unemployment insurance and the unemployment assistance.
Footnote 8, sentence 1 italic: go to MietBhG. by article II No. 2 G 2330-2-5% 23.3.1965 I 140 mWv 1.4.1965 § 8 sentence 2 italic: social assistance, now is the party entitled to § 9 (1) to give a written notice about the adjustment. Later review indicates that the adjustment is incorrect, it shall be corrected. The pension is to grant in the correction notice is delivered at their previous level until the end of the month. A recovery of überzahlter amounts does not take place. The rectification is allowed only until December 31, 1962.
§ 1300 of the Reichsversicherungsordnung, article 79 (2) of the Angestelltenversicherungsgesetzes and § 93 (1) of the imperial associations Act remain unaffected.
Footnote § 9 ABS. 2 italic: § 1300 go on RVO. Article II § 4 No. 1, section 79 AVG go up. Article II § 6 No. 1 and article 93, paragraph 1 RKG go up. by article II sec. 8 No. 1 G v. 18.8.1980 I 1469 mWv 1.1.1981 § 10 (1) the provisions of this Act apply in the Saarland, taking into account the version, which referred to in article 2 apply in sections 1 to 6 in the regulations listed in the Saarland are 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 Saar p. 779) , Article 2 article 17 of Act No. 590 to Angestelltenversicherungs new regulatory legislation in the Saar region of 13 July 1957 (Official Journal of the Saar 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 (Official Journal of the Saar S. 1099) be granted.
(2) article 8 also applies to pensions according to the regulations of the Act on the introduction of the Bundesversorgungsgesetzes in the Saarland from 16 August 1961 (Bundesgesetzbl. I S. 1292), as far as their grant or amount of other income is dependent on. The rest is § 8 in the Saarland with the proviso that the Saarland law takes place the second Housing Act and the federal compensation law and the balancing act, taking into account their amended in the Saarland are applicable.

11. this law applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. § I p. 1) also in the Federal State of Berlin.

§ 12 this law enter into force on the day after the announcement.