Fourth Act on the adjustment of pensions from statutory pension schemes on the occasion of the change in the general assessment base for 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

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Fourth Act on the adjustment of pensions from statutory pension schemes on the occasion of the change in the general assessment basis for 1961 (Fourth Pensions Adjustment Act-4. RAG)

Unofficial table of contents

4. RAG

Date of completion: 20.12.1961

Full quote:

"Fourth pension adjustment act in the revised version published in the Bundesgesetzblatt part III, outline number 8232-10-4"

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 N ° 15 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 1057
(+ + + Proof of text validity from: 1. 1.1964 + + +) Unofficial table of contents

§ 1

(1) In the case of statutory pension insurance, the change in the general assessment base for 1961 shall include the insurance and survivor ' s survivors of insurance cases which have occurred in 1960 or earlier, for Reference periods of 1 January 1962 in accordance with § § 2ff. (2) Pensions within the meaning of paragraph 1 shall also include the pensions raised in accordance with Article 2 (38) (3), first sentence, of the Workers 'Pension Insurance Act and Article 2 (37) (3) sentence 1 of the Act on the Reregulation of the Workers' Pension Insurance of the beneficiaries, the 65. (3) Paragraph 1 does not apply to the Knappschaftssold (Knappschaftssold). 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 as to result in a pension as would result from the application of the rules on reduction and rest, if the pension is 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. § 1282 (2) of the Reichsversicherungsordnung (Reichsversicherungsordnung), Section 59 (2) of the German Insurance Act and Section 79 (2) of the German Reich Nappa Law (Reichsknappschaftsgesetz) are not In the cases referred to in Article 2 (38) (3) sentence 2, second half-sentence of the Workers 'Insurance Reregulation Act or the second sentence of Article 2 (37) (3) second sentence of the Act on the Reregulation of Workers' Insurance Law, the first sentence of the first sentence of Article 2 (2) of the Act on the Reregulation of Application. (2) The first sentence of the first subparagraph and the second sentence shall apply to pensions of the pension insurance scheme, which shall:
a)
are paid pursuant to Article 2 (24) (5) of the Law on the Reregulation of the Insurance Pension Insurance Act, or
b)
have been calculated in accordance with Article 2 (25) of the Law on the New Law of the German Scarcity Pension Fund, if they have been applied to the provisions of § § 75, 76 of the German Law on the Law of the Reich.

Footnote

§ 2 italic pressure: § § 1253 to 1256 RVO depart. By Article 6 N ° 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 Article 4 (5) G v. 1.12.1981 I 1205 mWv 5.12.1981 Unofficial table of contents

§ 3

(1) Pensions in accordance with Article 2 (32) to (35) of the Workers 'Insurance Reregulation Act or Article 2 (31) to (34) of the Law on the Reregulation of 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). If the pension is re-converted and, before applying the rules of reduction and rest, the unshortened pension amount would be relocated without a child subsidy for each child and without any increase in the amount of contributions from the Higher insurance with 1,2439 multiplied and the children's allowance for each child after the general assessment base for 1961 would be calculated; deviations due to rounding off are permitted. § 2 (1) sentence 2 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 these provisions shall be based on the following values:
For an insurance period of ... Years of insurance rents DM/month widows and widows 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 rules on the rest of the Reich Insurance Code and the Employees Insurance Act to the pensions of workers and employees of 9 July 1957 to be rearranged (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. Unofficial table of contents

§ 4

The other pensions shall be adjusted in such a way as to multiply the amount of the adjustment to be made in accordance with Article 5 of this Regulation, with 1.05; the amount resulting from this shall be the child allowance and the pension parts not subject to the adjustment. add. The performance surcharge of the scarcity pension insurance and the amount to be charged pursuant to section 75 (1) sentence 2 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) are to be combined with 1.1. The children's allowance for each child shall be calculated in accordance with the general assessment base of 1961. Unofficial 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 increase amounts 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 § 75 (1) sentence 2 of the Reichsknappschaftsgesetz. (2) In the case of pensions, on the second sentence of § 3 (1) of the Third Party In the case of a pension adjustment act, the amount of adjustment is the amount resulting from the application of Section 1 (1), first half-sentence of the Third Pension Adjustment Act. The amount of the pensionable amount for January 1961 is replaced by the amount of the pension for January 1962. (3) In the cases in which no pension has been paid in January 1962 or the amount of the pension is increased after 31 December 1961, the amount of the pension shall be replaced by the amount of the pension payment for January 1962. (4) In the case of pensions granted in accordance with the provisions of Article 2 (42) of the Treaty, the amount of the sum of the pensionable amount within the meaning of paragraph 1 shall be the amount to be paid in January 1962 if the conditions for the fulfilment of the claim had been met. Workers ' Pension Insurance Law, Article 2 (41) of the The amounts of 21 Deutsche Mark in the case of insurance rents and 14 Deutsche Mark are applied as a special grant in the form of the Employee Insurance-NeuRuleungsgesetz and Article 2 (11) of the Law on the Reregulation of the Pensions Insurance. Survivors ' pensions. 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. Unofficial table of contents

§ 6

(1) In the case of pensions from the pension insurance of the workers and the pension insurance of the employees, which are adjusted in accordance with § 4, Article 2 (34) of the Workers 'Pension Insurance Act or Article 2 (33) of the Staff Pension Insurance Act (Workers' Insurance) Employment insurance-new law on the basis of the values laid down in section 3 (2) of the application. (2) Insurance rents of the pension insurance scheme without a child subsidy and without a benefit surcharge, which are adjusted in accordance with § 4, may be used by the for the insured person's insured person's pension base. 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 pensions of orphans, one fifth of the pension is determined for the insured person. (3) Pensions from insurance cases after 31 December 1956, which meet with a pension from the statutory accident insurance scheme and which are adapted in accordance with § 4, may, if both pensions are combined, as defined in § § 1278, 1279 of the § § 55, 56 of the German Insurance Act or the limits specified in § § 75, 76 of the Reichsknappschaftsgesetz (German Insurance Act) do not exceed the amount that would result if the pension is based on § § 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 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: a pension from the statutory accident insurance and which are adapted in accordance with § 4 may, if both pensions are combined in accordance with § § 1278, 1279 of the Reichsversicherungsordnung, or § § 55, 56 of the Act on the Insurance Act exceed the amount which would surrender, if the pension were to be adjusted in accordance with § 3. Unofficial table of contents

§ 7

If the adjustment does not result in a higher amount than the previous amount, it shall be repaid. Unofficial table of contents

§ 8

Insofar as in the case of pensions according to the Federal Supply Act and the laws which declare the Federal Supply Act applicable, the maintenance aid under the burden-compensation law, the benefits under the Federal Compensation Act, the Rent and load aid under the Act on the granting of leasing and load aid and under the Second Housing Act and the Federal Aid for the compensation of hardship in the context of occupational pensions under the guidelines of 17. 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 shall apply in the examination of the need for assistance. The increases for the period referred to in the first sentence shall also not be taken into account in the granting of unemployment benefits and unemployment benefits.

Footnote

§ 8 Sentence 1 Italic print: hired BhG. through Art. II N ° 2 G 2330-2-5 v. 23.3.1965 I 140 mWv 1.4.1965
§ 8 Sentence 2 italics: now social state aid Unofficial table of contents

§ 9

(1) A written notification shall be given to the beneficiary via 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 correction shall only be admissible until 31 December 1962. (2) § 1300 of the Reich Insurance Code, Section 79 of the German Insurance Act and Section 93 (1) of the German Reich Nappa-Law Act remain unaffected.

Footnote

§ 9 (2) italic pressure: § 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 Unofficial table of contents

§ 10

(1) The provisions of this Act shall apply in the Saarland, taking into account the wording in which the provisions listed in § § 1 to 6 are to be applied in the Saarland, including for pensions, which are to be applied in accordance with Article 2 (15) of Law No 591. 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 of 13 July 1957. 1957 (Official Journal of Saarland p. 789) and Article 4 (9) of Law No 635 on the introduction of the The Law on the Law of the Saarland and the New Law on the Law of the Land of the Saarland of 18 June 1958 (Official Journal of Saarland, p. 1099). (2) § 8 applies also to pensions under the provisions of the Law on 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. Unofficial 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. Unofficial table of contents

§ 12

This Act shall enter into force on the day following the date of delivery.