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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Fifth law on the adjustment of pensions from statutory pension schemes on the basis of changes in the general tax base for 1962 (Fifth Pension Adjustment Act-5. RAG)

unofficial table of contents

5. RAG

Date of delivery: 21.12.1962

Full quote:

"Fifth pension adjustment act in the adjusted version published in the Federal Law Gazette III, outline number 8232-10-5, published"

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 evidence 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 1962 the insured and survivor's pensions from insurance cases which occurred in 1961 or earlier, for reference periods of 1. January 1963 on the basis of § § 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 1962 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 1962 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 cases where § 1280 of the Reichsversicherungsordnung (Reichsversicherungsordnung), § 57 of the German Insurance Act, § 77 of the German Reichsnappschaftsgesetz (Reichsnappschaftsgesetz), Article 2 (38) (3) sentence 2, second half-sentence of the Workers ' Pension Insurance Law or Article In the second half-sentence of Section 37 (3), second sentence, of the Act on the New Regulation, the first sentence shall not be applied.(2) Paragraph 1, first sentence, and 2 shall apply in accordance with the pensions of the pension insurance scheme, which are paid in accordance with Article 2 (24) (5) of the Statutory Pension Insurance (Knappschaftsrentenversicherungs-NeuRuleungsgesetz).

Footnote

§ 2 italic print: § 1282 para. 2 RVO H. 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
§ 2 italic pressure: § § 1253 to 1256, § § 1267 to 1286 RVO. by Art. 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 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 Insurance Act must be adjusted in such a way as to result in a pension as would result from the application of the rules of rest, if the pension scheme is Retire and, before application of the rules of rest, the unshortened pension amount without a child subsidy for each child and without increasing amounts from contributions of the higher insurance with 1,3263 multiplied and the children's subsidy for each The child would be calculated on the basis of the general assessment basis for the year 1962; deviations due to rounding off are permitted. § 2 para. 1 sentence 2 shall apply. In the cases in which § 1280 of the Reichsversicherungsordnung or § 57 of the Federal Insurance Act has been applied, sentence 1 shall not 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: :
For an insurance period of ...Insurtenrentenwidows and widowsyeardDM/monthDM/month
50 and more712,50427,50
49 698, 30419,00
48684,00 410, 40
47669,80401,90
46655,50393,30
45641,30 384, 80
44627,00376,20
43612,80367,70
42 598,50359,10
41584,30 350, 60
40 and less570.00342,00
(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 in accordance with the provisions of Section 1 (3) and (2) (4) of the Regulation to the amount of 7,650 Deutsche Mark the amount of 9,690 Deutsche Mark, in § 3 (1) of the Regulation, to the amount of 171,60 Germans Mark the amount of 227 Deutsche Mark and the amount of 471.60 Deutsche Mark the amount of 624.90 Deutsche Mark, in § 3 (2) of the Regulation to the point of the amount of 4.281 Deutsche Mark the amount of 5,678 Deutsche Mark and in § 4 The fourth sentence of paragraph 2 of the Regulation replaces the amount of 750 Deutsche Mark in the amount of 950 Deutsche Mark. Non-official table of contents

§ 4

(1) The remaining pensions are adjusted in such a way that the amount of adjustment to be determined in accordance with § 5 is 1.066. the resulting amount shall be readded to the child allowance and to the pension parts not subject to adjustment. The children's allowance for each child shall be calculated in accordance with the general assessment base of the year 1962.(2) Pensions according to paragraph 1, which meet with a pension from the statutory accident insurance and to the § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the German Insurance Act or § § 75, 76 of the Reichsnappschaftsgesetz (German Insurance Act) shall be adjusted so as to achieve at least the amount that results,
a)
at Pensions from insurance cases after 31. December 1956 and in the case of pensions with benefits or benefits from the crunic pension insurance, if they are subject to the other pensions in accordance with § 2,
b)
Insurance cases before the 1. January 1957, if they were to be adjusted according to § 3
. Non-official table of contents

§ 5

(1) Adjustment amount is in the cases of § 4 of the pension payment amount for January 1963 without a children's 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 cases where no pension has been paid in January 1963, or in which the amount of the pension is paid after the 31. In accordance with paragraph 1 of this Article, the amount which would have been payable in January 1963 shall be replaced by the amount which would have been payable for January 1963, if the conditions for the fulfilment of the claim existed at that time.(3) 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 for insurance tenants 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 are adapted in accordance with § 4, may be combined in § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung), § § 55, 56 of the German Insurance Act or the § § § § § § § § § § § § § § § § § § § § § § § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), which are to be taken into account in the calculation of the pension pursuant 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 are adapted in accordance with § 4, may be combined in § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung) or in § § 55, 56 of the German Insurance Act (Act on the German Insurance Act) shall not exceed the limits to be taken into account in the calculation of the pension 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 pensions are in accordance with the Federal Supply Act and the laws that the Federal Supply Act for Declare the war-related pension and the aid for subsistence in accordance with the Burden-Compensation Act, the benefits under the Federal Compensation Act and the Federal Social Assistance Act, the leasing and burden-aid under the Law on the Grant of rent and load aid and under the Second Housing Act and the Federal Aid for the compensation of hardship in the context of occupational retirement provision according to the guidelines of 17. October 1951 (Federal Gazette No. 204 of 20 October). The grant or the amount of the benefit depends on other income, the amounts of increase to be paid for the months of January to May, in 1963, on the basis of the provisions of this Act, shall remain for the said Period of investigation of income disregarded. 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, unemployment benefits and old-age assistance to farmers. Non-official table of contents

§ 9

(1) Each pensioner is given a written notice of the amount of his pension, which he/she has received from the 1. January 1963, to be given.(2) It shall be corrected if a subsequent check is made that the adjustment is defective. 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 1963.(3) § 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 (3) 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.