Fifth 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 1962

Original Language Title: Fünftes Gesetz über die Anpassung der Renten aus den gesetzlichen Rentenversicherungen aus Anlaß der Veränderung der allgemeinen Bemessungsgrundlage für das Jahr 1962

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Read the untranslated law here: http://www.gesetze-im-internet.de/rag_5/BJNR007640962.html

Fifth 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 1962 (fifth pension adjustment Act - 5 RAG) 5 RAG copy date: 21.12.1962 full quotation: "Fifth pension adjustment Act in the adjusted version published in the Federal Law Gazette Part III, outline number 8232-10-5," 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: 1 1.1964 +++) § 1 (1) in the statutory pension insurance the insured person and pensions of insured events, 1961 or earlier have occurred in the year for reference periods from January 1, 1963 in accordance with §§ the 2ff are on the occasion of the change of the general basis of assessment for the year 1962. 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 the year 1962.
(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 1962 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 where article 1280 of the Reichsversicherungsordnung, § 57 of the Angestelltenversicherungsgesetzes, § 77 of the imperial associations Act, article 2 section 38, paragraph 3, sentence 2 second half-sentence of the Arbeiterrentenversicherungs new Regulation Act or article 2 article 37, paragraph 3, sentence 2 second half-sentence of the Angestelltenversicherungs new control law has been applied, sentence 1 does not apply.
(2) paragraph 1 sentences 1 and 2 shall apply mutatis mutandis the miners pensions insurance pensions which section 24 para 5 of the Knappschaftsrentenversicherungs new regulatory law be paid according to article 2.
Footnote 2 section italics: § 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 § 2 italic: §§ 1253-1256, go to sections 1267 till 1286 RVO. by art. 6 Nr. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 § 3 (1) pensions under 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 Ruhensvorschriften, when the pension again converted and this prior to application of the Ruhensvorschriften reproduced from contributions of the supplementary insurance with 1,3263 the full amount of pension without child support for each child and no costs of increase in and child support would be calculated for each child after the general basis of assessment for the year 1962 Discrepancies due to rounding are allowed. Section 2, subsection 1, sentence 2 shall apply. Sentence 1 shall not apply in the cases where article 1280 of the Reichsversicherungsordnung or § 57 of the Angestelltenversicherungsgesetzes has been applied.
(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...
Insured pensions for widows and widowers pensions years DM/month DM/month 50 and more 712,50 427,50 49 698,30 419.00 48 684,00 410,40 47 669,80 401,90 46 655,50 393,30 45 641,30 384,80 44 627,00 376,20 43 612,80 367,70 42 598,50 359,10 41 584,30 350,60 40 and less 570,00 342,00 (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 article 1, par. 3 and § 2 para 4 of the regulation in place of the amount of 7650 German mark the amount of 9.690 Deutsche mark, in section 3, paragraph 1, of the regulation on the point of the amount of 171,60 Deutsche mark the amount of 227 Deutsche mark and at the point of the amount of 471,60 Deutsche mark the amount of 624,90 Deutsche mark , in section 3, paragraph 2 of regulation in place of the amount of 4,281 Deutsche mark the amount by 5.678 Deutsche mark and in section 4 paragraph 2 sentence 4 of regulation in place of the amount of 750 Deutsche, the amount of 950 German mark mark occurs.

The remaining pensions be adapted section 4 (1) in such a way that the adjustment amount to be determined according to § 5 with 1.066; reproduced the amount arising as a result of child support and not subject to the adjustment pension parts are to add back. The child allowance for each child shall be calculated after the general basis of 1962.
(2) the pensions referred to in paragraph 1, which meet with a pension under the statutory accident insurance and the sections 1278, 1279 of the Reichsversicherungsordnung, §§ 55, 56 of the Angestelltenversicherungsgesetzes or sections 75, 76 of the imperial associations Act to apply 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 , if they referred to in § 2, b) on other pensions of insurance cases before January 1, 1957, when they would be adjusted according to § 3.

§ 5 the pension amount for January 1963 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 cases where January 1963 no pension has been paid or the amount of the pension is increased after 31 December 1962, the amount that is payable would have been for January 1963, 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.
(3) in the case of pensions, after articles 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 insured persons 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) adapted pensions and insurance cases after December 31, 1956, which meet with a pension under the statutory accident insurance according to § 4 76 of the imperial associations Act, not exceed which may § the Reichsversicherungsordnung, sections 55, 56 of the Angestelltenversicherungsgesetzes or the together in 1278, 1279 in §§ 75, referred to limits which are to be included in a calculation of the pension referred to in § 2. 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) adjusted the rest pensions and insurance cases before January 1, 1957, who meet with a pension under the statutory accident insurance according to § 4 56 of the Angestelltenversicherungsgesetzes, not exceed that may § the Reichsversicherungsordnung or which together in 1278, 1279 in §§ 55, referred to limits that are taken into account when calculating the pension according to § 3.

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

§ 8 
When pensions under the Federal and the laws that explain the war-damage pensions and aid to the living according to the balancing act, the benefits under the federal compensation law and the Federal Social Assistance Act, the Federal applicable as far as 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, remain the increase amounts, to provide for the months January including May 1963 on the basis of the provisions of this Act are not taken into account for the period in the investigation of the income. Boost amounts for the period referred to in sentence 1 are also in the granting of unemployment benefits from, not to consider the unemployment benefits, as well as the age help for farmers.

§ 9 (1) any pension recipients is a written notice of the amount of his pension, which he is entitled to by January 1, 1963, to give.
(2) a later audit reveals 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 up to December 31, 1963.
§ 1300 of the Reichsversicherungsordnung, article 79 (3) of the Angestelltenversicherungsgesetzes and § 93 (1) of the imperial associations Act remain unaffected.
Footnote § 9 para 3 italics: § 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.