Advanced Search

Fifth Act on the adjustment of pensions from statutory pension schemes resulting from the change in the general assessment base 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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

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

Unofficial table of contents

5. RAG

Date of completion: 21.12.1962

Full quote:

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

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
(+ + + Text evidence 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 the year 1962 provides for the insurance and survivor ' s pension from insurance cases which have occurred in 1961 or earlier, for Reference periods of 1 January 1963 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 shall not apply to the 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 1962 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 cases where § 1280 of the Reichsversicherungsordnung (Reichsversicherungsordnung), § 57 of the German Insurance Act, § 77 of the Reichsnappschaftsgesetz (Reichsnappschaftsgesetz), Article 2 (38) (3) sentence 2, second half-sentence of the Workers 'Pension Insurance-NeuRuleungsgesetz (Workers' Insurance Law), or The first sentence of Article 2 (3), second sentence, of the Act on the Reregulation of the Federal Employment Insurance Act is not applicable. (2) The first sentence of the first sentence of paragraph 1 and the second sentence shall apply to pensions of the pension insurance scheme, which shall: pursuant to Article 2 (24) (5) of the New Law on Scarcity Pension Insurance (Knappschaftsrentenversicherungs to be paid.

Footnote

§ 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
§ 2 italic printing: § § 1253 to 1256, § § 1267 bis 1286 RVO. By Article 6 N ° 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 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). Retirement provisions would arise if the pension was re-changed and, before applying the rules of rest, the unshortened pension amount without a child subsidy for each child and without increasing amounts from the contributions of the higher insurance with 1,3263 multiplied and the children's allowance for each child after the general The calculation basis for the year 1962 would be calculated; deviations due to rounding off are permitted. § 2 para. 1 sentence 2 shall apply. In cases in which § 1280 of the Reichsversicherungsordnung or § 57 of the Federal Insurance Act has been applied, sentence 1 does not apply. (2) Article 2 (34) of the Workers 'Pension Insurance Act and Article 2 (33) of the German Insurance Act (Workers' Insurance) the law on the law on the law of the provision of the law on the law of the provision of a new law on the provision of a new law, subject to the proviso that, instead of the values set out in those provisions, the
For an insurance period of ... Insurance pension widows and widows YahrenDM/monthDM/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 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, the amount of 9,690 Deutsche Mark, in Article 3 (1) of the Regulation, shall be replaced by the amount of 171,60 Deutsche Mark in accordance with Section 3 (1) of the Regulation. 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. Unofficial table of contents

§ 4

(1) The remaining pensions shall be adjusted in such a way as to multiply the amount of adjustment to be determined in accordance with Article 5 of this Regulation with 1,066; the amount resulting from this shall be the child allowance and the pension parts not subject to the adjustment. add. The children's allowance for each child shall be calculated in accordance with the general assessment base of 1962. (2) Pensions as referred to in paragraph 1, which meet with a pension from the statutory accident insurance scheme and to which § § 1278, 1279 of the § § 55, 56 of the German Insurance Act or § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) are to be adjusted in such a way that they reach at least the amount that results.
a)
in the case of pensions from insurance cases after 31 December 1956 and in the case of pensions with benefits or benefits from the pension insurance scheme, provided that they are subject to the provisions of Section 2,
b)
in the case of other pensions from insurance cases before 1 January 1957, if they are subject to the provisions of § 3
would be adjusted. Unofficial table of contents

§ 5

(1) Adjustment amount is in the cases of § 4 of the pension payment amount for January 1963 without 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 under section 75 (1) sentence 2 of the Reichsknappschaftsgesetz. (2) In the cases in which there are no January 1963 In the case of a pension or an increase in the amount of the pension after 31 December 1962, the amount of the payment of the pension referred to in paragraph 1 shall be replaced by the amount which would have been payable for January 1963, provided that the conditions for the payment of the pension for the period of payment of the pension are to be paid in the following year: (3) In the case of pensions provided for in Article 2 (42) of the The Workers ' Pension Insurance-NeuRuleungsgesetz, Article 2 (41) of the Federal Insurance Law and Article 2 (11) of the Law on the Law of the Retirement Pension Insurance are calculated, the amounts of 21 apply as a special grant. German marks in insurance tenants and 14 German marks in 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 in accordance with § 4, the following may be amended in accordance with § § 1278, 1279 of the § § 55, 56 of the German Insurance Act or the limits specified in § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), which are to be taken into account in the calculation of the pension in accordance with § 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: of a pension from the statutory accident insurance and are adapted in accordance with § 4, may together the limits specified in § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung) or the limits specified in § § 55, 56 of the Federal Insurance Act (Andes) in the case of a calculation of the pension in accordance with § 3, shall not exceed . 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

In the case of pensions in accordance with the Federal Supply Act and the laws which declare the Federal Supply Act applicable, the war-related pension and the aid for the subsistence according to the burden-balancing act, the benefits after the Federal Compensation Act (Bundesentschädigungsgesetz) and the Federal Social Assistance Act (Bundessozialallowances gesetz), the leasing and burden-aid under the Act on the granting of rent and burden-aid and under the Second Housing Act and the Federal Aid for the compensation of hardship in the framework of the Federal Law on Housing 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. Unofficial table of contents

§ 9

(1) Each pensioner shall be informed in writing of the amount of his pension to which he is entitled on 1 January 1963. (2) Any subsequent verification that the adjustment is in error 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 be admissible only until 31 December 1963. (3) § 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 (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 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.