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 for only USD$40 per month, or Get a Day Pass for only USD$9.99.

Fourth law on the adjustment of pensions from statutory pension schemes on the basis of changes in the general tax base for 1961 (Fourth pension adjustment act-4). RAG)

unofficial table of contents

4. RAG

Date of delivery: 20.12.1961

Full quote:

"Fourth Pension Adjustment Act in the adjusted version published in the Bundesgesetzblatt part III, outline number 8232-10-4,"

Footnote

The rule does not apply in the In accordance with Article 3 of the agreement, the territory referred to in Article 3 of the Agreement. L. I chap. VIII Sachg. H An. I N ° 15 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 1057
(+ + + text-proof validity from: 1. 1.1964 + + +) Non-official table of contents

§ 1

(1) The statutory pension insurance policies are subject to change in the general Basis for the year 1961 the insured and survivors ' pensions from insurance cases which occurred in 1960 or earlier, for reference periods of 1. January 1962, in accordance with § § 2ff. adjusted.(2) Pensions within the meaning of paragraph 1 also include the pensions of pensions increased pursuant to Article 2 (38) (3) sentence 1 of the Workers 'Pension Insurance Act and Article 2 (37) (3) sentence 1 of the Act on the Reregulation of the Workers' Insurance Justifiers, the 65. The year of life in 1961 was completed.(3) Paragraph 1 shall not apply to the Knappschaftssold. 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 as to result in a pension as would result from the application of the rules of reduction and rest if the pension was not changed without amendment of the other calculation factors On the basis of the general assessment basis for the year 1961 and the contribution ceiling for this year, it would be possible to calculate deviations due to rounding. Section 1282 (2) of the Reichsversicherungsordnung (Reichsversicherungsordnung), Section 59 (2) of the German Insurance Act and Section 79 (2) of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) do not apply. In the cases referred to in Article 2 (38) (3) sentence 2, second half-sentence of the Workers ' Insurance Reregulation Act or in the second sentence of Article 2 (37) (3) second sentence of the Federal Insurance Law on New Rules, the first sentence of the first sentence of the first sentence of the first sentence of the second half sentence of the Act of the Federal Employment Insurance(2) The first and second sentences of paragraph 1 shall apply to pensions of the pension insurance scheme, which are
a)
pursuant to Article 2 § 24 (5) of the Knappschaftsrentenversicherungs-NeuRuleungsgesetz (Knappschaftsrentenversicherungs-NeuRuleungsgesetz) or
b)
according to Article 2 § 25 of the Knappschaftsrentenversicherungs-NeuRuleungsgesetz (Knappschaftsrentenversicherungs-NeuRuleungsgesetz), if the § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) is applied to them.

Footnote

§ 2 italic print: § § 1253 to 1256 RVO. by Art. 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992
§ 2 italic print: § 1282 para. 2 RVO deed. by Art. 2 No. 27, § 59 para. 2 AVG. by Article 3 (3) and Section 79 (2) of the RKG. by Art. 4 No. 5 G v. 1.12.1981 I 1205 mWv 5.12.1981 Non-official table of contents

§ 3

(1) Pensions pursuant to Article 2 (32) to (35) of the The Workers ' Pension Insurance-NeuRuleungsgesetz or Article 2 (31) to (34) of the Law on the New Law of the Federal Labor Insurance Act must be adjusted in such a way as to give rise to a pension as it arises after the application of the rules of reduction and rest if the pension is rearranged and, before applying the rules of reduction and rest, the unshortened pension amount is multiplied by 1,2439 without child subsidy for each child and without increasing amounts from the contributions of the higher insurance and the children's allowance for each child would be calculated in accordance with the general assessment base for 1961; deviations due to rounding off are permitted. § 2 para. 1 sentence 2 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: are:
For an insurance period of ... Years Insurance pensions DM/month Widows and Witwerrents DM/month
50 and more675, --405, --
49 661,50396.90
48648, -- 388, 80
47634,50380,70
46621, --372,60
45607,50 364,50
44594, --356.40
43580,50348,30
42 567, --340,20
41553.50 332, 10
40 and less540, --324, --
(3) The regulation on the Application of the rules of rest of the National Insurance and Employees ' Insurance Act to the pensions of workers and employees of the 9. July 1957 (Bundesgesetzbl. 704) shall apply with the proviso that in Section 1 (3) and (2) (4) of the Regulation, in lieu of the amount of 7,650 Deutsche Mark, the amount of 9,180 Deutsche Mark, in Article 3 (2) of the Regulation, in lieu of the amount of 4.281 Deutsche Mark of the German Mark of the Amount of 5,325 Deutsche Mark and in § 4 (2) sentence 4 of the Regulation in lieu of the amount of 750 Deutsche Mark the amount of 900 Deutsche Mark is to be replaced. Non-official table of contents

§ 4

The remaining pensions are adjusted in such a way that the adjustment amount to be determined in accordance with § 5 is 1.05. the resulting amount shall be readded to the child allowance and to the pension parts not subject to adjustment. The performance surcharge of the crunch pension insurance and the amount to be charged pursuant to § 75 (1) sentence 2 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) shall be multiply charged with 1.1. The children's allowance for each child shall be calculated in accordance with the general assessment base of 1961. Non-official table of contents

§ 5

(1) Adjustment amount is in the cases of § 4 of the pension payment amount for January 1962 without a child subsidy for each Child, reduced by the special grant and the amounts of increase from contributions of the higher insurance. 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).(2) In the case of pensions to which § 3 (1) sentence 2 of the Third Pension Adjustment Act was to be applied, adjustment amount is the amount resulting from the application of Section 1 (1), first half-sentence of the Third Pension Adjustment Act. The amount of the pension paid for January 1961 is replaced by the pensionable amount for January 1962.(3) In cases where a pension has not been paid in January 1962, or in which the amount of the pension is paid in accordance with the 31. In accordance with paragraph 1 of this Article, the amount which would have been payable for January 1962 shall be replaced by the amount which would have been payable for January 1962, if the conditions for the fulfilment of the claim had existed at that time.(4) In the case of pensions, which are calculated in accordance with Article 2 (42) of the Workers ' Pension Insurance Act, Article 2 (41) of the Federal Insurance Law on New Law and Article 2 (11) of the Statutory Pension Insurance (Knappschaftsrentenversicherungs-Neuregelungsgesetz), as a special grant, the amounts of 21 Deutsche Mark in the case of insurance rents and 14 German marks in the case of survivors ' pensions are valid. If, in the cases of the first sentence, a special grant has been taken into account in the calculation of a insured person ' s pension and a survivor ' s pension, the amount of 21 Deutsche Mark shall be deemed to be the special grant. Non-official table of contents

§ 6

(1) In the case of pensions from the pension insurance of the workers and the pension insurance of the employees, who are insured pursuant to § 4 , Article 2 (34) of the Workers 'Pension Insurance Act or Article 2 (33) of the Act on the Reregulation of the Workers' Insurance Act shall apply on the basis of the values laid down in Section 3 (2).(2) Insurance rents of the pension insurance scheme without a child allowance and without a benefit surcharge, which are adjusted in accordance with § 4, shall not exceed the basis of the pension assessment for the insured person. Sentence 1 shall apply in the case of survivors ' pensions, subject to the proviso that, in the case of pensions under § § 64, 65, 66 of the Reichsknappschaftsgesetz, six tenths in the case of pensions in the case of half-orphans shall be replaced by one-tenth of the pension for the insured person ' s pension. and in the case of full orphans, one fifth of the pension basis for the insured person shall be the basis for the insured person's pension.(3) Pensions from insurance cases after 31. December 1956, which meet with a pension from the statutory accident insurance and which are adapted in accordance with § 4, may, if both pensions together are the one in § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the Employee insurance act or the limits specified in § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) do not exceed the amount that would result if the pension according to § § 1253ff. the Reichsversicherungsordnung, § § 30ff. of the law of the Federal Employment Insurance Act or § § 53ff. of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) and would be adjusted according to § 2. 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 which are adjusted in accordance with § 4, may, if both pensions together are the one in § § 1278, 1279 of the Reichsversicherungsordnung or § § 55, 56 of the The limit amounts mentioned above shall not exceed the amount which would arise if the pension were to be adjusted in accordance with § 3. Non-official table of contents

§ 7

Do not give the adjustment higher than the previous payout amount, so it is to be repaid. Non-official table of contents

§ 8

As far as the pension benefits are in accordance with the Federal Supply Act and the laws that the Federal Supply Act for the purpose of declaring the maintenance aid under the burden-equalisation law, the benefits under the Federal Compensation Act, the leasing and burden-aid under the Act on the granting of rent and burden-aid and after the second The Housing Act and the Federal State Aid for the compensation of hardship in the context of occupational retirement provision according to the guidelines of the 17th and 17th October 1951 (Federal Gazette No. 204 of 20 October). The grant or the amount of the benefit is dependent on other income, the amounts of increase to be paid for the months of January to May 1962 under the provisions of this Act shall remain in respect of the above mentioned provisions. Period during the determination of income disregarded. The same applies to the examination of the need for assistance. In addition, the increases for the period referred to in the first sentence shall not be taken into account in the granting of unemployment benefits and unemployment benefits.

Footnote

§ 8 Sentence 1 italic print: rental BhG is up. through Art. II No. 2 G 2330-2-5 v. 23.3.1965 I 140 mWv 1.4.1965
§ 8 sentence 2 italic print: now social state aid system unofficial table of contents

§ 9

(1) The person entitled is over to give a written notice of the adjustment. If a subsequent check shows that the adjustment is defective, it shall be corrected. The pension shall be granted in its previous level up to the end of the month in which the letter of amendment is sent. A recovery of overpaid amounts does not take place. The corrigendum is only up to 31. December 1962.(2) § 1300 of the German Insurance Act, Section 79 of the German Insurance Act and Section 93 (1) of the German Imperial Nappies Act remain unaffected.

Footnote

§ 9 (2) italic print: § 1300 RVO opened. through Art. II § 4 No. 1, § 79 AVG. through Art. II § 6 No. 1 and Section 93 (1) of the RKG. through Art. II § 8 No. 1 G v. 18.8.1980 I 1469 mWv 1.1.1981 Non-official table of contents

§ 10

(1) The provisions of this law shall apply in the Saarland, taking into account the Version in which the regulations listed in § § 1 to 6 are to be applied in the Saarland, as well as for pensions, which according to Article 2 (15) of Law No 591 concerning the introduction of the Workers ' Pension Insurance Law in Saarland of the 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 Federal State of Saarland of 13 July 2007. 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). 1099 of the Official Journal of Saarland p. 1099.(2) § 8 shall also apply to pensions in accordance with the provisions of the Act concerning the introduction of the Federal Supply Act in Saarland of 16. August 1961 (Bundesgesetzbl. 1292), in so far as their granting or the amount of other income depends. In addition, § 8 applies in the Saarland with the proviso that in place of the Second Housing Act the relevant Saarland law occurs and the Federal Compensation Act and the burden-compensation law, taking into account their law in the Saarland shall apply. Non-official table of contents

§ 11

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4. January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Non-official table of contents

§ 12

This law enters into force on the day after the announcement.