Seventh law on the adjustment of pensions from statutory pension schemes and on the adjustment of cash benefits from statutory accident insurance (Seventh Pension Adjustment Act-7). RAG)

Unofficial table of contents

7. RAG

Date of completion: 23.12.1964

Full quote:

" Seventh Pension Adaptation Act of 23 December 1964 (BGBl. I p. 1085) "

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 No 16 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 1057
(+ + + Text evidence from: 1. 1.1965 + + +) Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
Adjustment of pensions from statutory pension schemes

Unofficial table of contents

§ 1

(1) In the statutory pension insurance schemes, the insurance and survivor ' s pension for insurance cases which have occurred in 1963 or earlier shall be subject to change in the general assessment base for 1964. Reference periods of 1 January 1965 to be adjusted in accordance with § § 2 to 8. (2) Pensions within the meaning of paragraph 1 also include those referred to in Article 2 (38) (3) sentence 1 of the Workers ' Pension Insurance Act and Article 2 (37) (3) sentence 1 of the Employee-insurance-new-rule-law increased pensions of beneficiaries, who 65. The year of life in 1964 was completed, the compensation in accordance with § 98a of the German Reichsknappschaftsgesetz and the performance in accordance with § § 27, 28 of the Social Insurance Act Saar of 15 June 1963 (Bundesgesetzbl. 402). (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 1964 and the contribution ceiling for this year, it would be possible to calculate deviations due to rounding. § 1282 (2) of the Reichsversicherungsordnung, Section 59 (2) of the German Insurance Act or Section 79 (2) of the German Reich Scarcity Law does not apply in cases in which § § 1278, 1279 of the Reich Insurance Code, § § 55, 56 of the German Federal Insurance Act Employee insurance act or § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) have been applied. In cases where Article 2, Section 38 (3), second sentence, second half sentence of the Workers 'Pension Insurance Law or Article 2 (3), second sentence, second sentence of the second half sentence of the Act on the Reregulation of the Workers' Pension Insurance Law has been applied, it shall be Sentence 1 shall not apply. (2) The first sentence of paragraph 1 and the second sentence shall apply in accordance with the pensions of the pension insurance scheme which are paid under Article 2 (24) (5) of the Law on the Reregulation of the Pensioners ' Pension Insurance.

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 be imposed 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 1.5690 multiplied and the children's allowance for each child after the general Basis for the year 1964 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... Year-long insurance pension DM/monthwidows and widower s rents DM/month

50 and more	825,00	495,00
49	808.50	485,10
48	792,00	475,20
47	775.50	465.30
46	759,00	455,40
45	742.50	445,50
44	726,00	435.60
43	709.50	425,70
42	693,00	415.80
41	676,50	405.90
40 and less	660.00	396.00.

(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 § 1 (3) and (2) (4) of the Regulation, the amount of 7,650.00 Deutsche Mark is replaced by the amount of 11,220,00 Deutsche Mark, in § 3 (1) of the Regulation, to the point of the amount of 171,60 Deutsche Mark the amount of 269.40 Deutsche Mark, to the point of the amount of 471,60 Deutsche Mark the amount of 740,10 Deutsche Mark and in § 3 (2) of the Regulation to the point of the amount of 4,281,00 Deutsche Mark the amount of 6.717,00 Deutsche Mark is entering. Unofficial table of contents

§ 4

(1) The remaining pensions shall be adjusted in such a way that the amount of adjustment to be determined in accordance with Article 5 shall be multiplied by 1,094; 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 crunch pension insurance and the amount to be charged pursuant to section 75 (1) sentence 2 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) are to be combined with 1,167. The child allowance for each child shall be calculated in accordance with the general assessment base of 1964. (2) Pensions as referred to in paragraph 1, which meet with a pension from the statutory accident insurance scheme and to the § § 1278, 1279 of the The Federal Insurance Act (§ § 55, 56 of the German Insurance Act) or § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) must be adjusted in such a way that it reaches at least the amount which results from the

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 pensionable amount for January 1965 without a child subsidy for each child, reduced by the special grant and the increases in the 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, to the provisions of Article I, section 6 (1) of the Sixth Pension Adjustment Act of 21 December 1963 (Bundesgesetzbl. I p. 1008), the amount of adjustment is the amount resulting from the application of Section 4 (1), first half sentence of the Sixth Pension Adjustment Act. In the case of January 1964, the amount of the pension shall be replaced by the amount of the pension for January 1965. (3) In the cases in which no pension has been paid in January 1965 or the amount of the payment of the pension is changed after 31 December 1964, the amount of the pension shall be replaced by the amount of the pension payment for January 1965. (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 referred to in paragraph 1 shall be the amount to be paid in January 1965 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 insurance tenants and 14 Deutsche Mark apply as a special grant to the Employee Insurance-NeuRuleungsgesetz and Article 2 (11) of the German Pensions Insurance-NeuRuleungsgesetz (Knappschaftsrentenversicherungs-NeuRuleungsgesetz). 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 for orphans, one fifth of the pension is determined for the insured person. (3) Insurance pensions-without a child allowance and without benefit supplement-as well as survivors ' pensions from insurance cases after 31. December 1956, with a pension from the statutory accident insurance , and shall be adjusted in accordance with § 4, together the limits specified in § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the German Insurance Act or the limits specified in § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), which are to be found in the case of a Calculation of pensions in accordance with § 2 shall be taken into account, not exceeding. 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 calculation of the pension in accordance with § 3, shall not exceed. Unofficial table of contents

§ 7

(1) Benefits according to § 27 of the Social Insurance Act Saar of 15 June 1963 (Federal Law Gazette). 402) must be adjusted in such a way as to result in a payment amount which, in the case of the application of Law No 345 of Saarland, as amended by the Notice of 29 July 1953 (Official Journal of the Saarland p. 520) and the provisions of this Act, is subject to the following conditions: (2) Benefits according to § 28 of the Social Insurance Act Saar of 15 June 1963 (Federal Law Gazette). 402) must be adjusted in such a way as to result in a payment amount which, in the case of the application of Sections 4 to 6 of this Act, is calculated in accordance with the principles of Law No 345 of Saarland, as amended by the Notice of 29 July 1953 (Official Journal of the European Communities, Saarland's p. 520) would result in a calculated comparison performance. Unofficial table of contents

§ 8

The provisions of this section shall apply in the Saarland, taking into account the wording in which the provisions listed in § § 1 to 7 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 Law on the Law of the Scarcity Pension Insurance (Knappschaftsrentenversicherungs-NeuRuleungsgesetz) in Saarland, dated 18 June 1958 (Official Journal of Saarland, p. 1099).

Second section
Adjustment of cash benefits from statutory accident insurance

Unofficial table of contents

§ 9

(1) In the case of statutory accident insurance, the changes in the average gross wage and salary balance between the calendar years 1962 and 1963 shall be based on the amount of the cash benefits for accidents, which are dependent on the annual earnings of the year, for accidents which occurred in the year. In 1962 or earlier, for reference periods of 1 January 1965, they were adapted in accordance with § § 10 and 11.

(2) Paragraph 1 shall not apply:

in so far as the cash benefits in the agricultural accident insurance are calculated on the basis of an average annual work earnings, in so far as the cash benefits are granted on the basis of Article III (1) (2) of the Sixth Pension Adjustment Act .

(3) A cash benefit within the meaning of paragraph 1 shall also apply to a performance in accordance with § 27 of the Social Insurance Act Saar of 15 June 1963 (Federal Law Gazette). 402), which is to be granted by a carrier of the statutory accident insurance. (4) In the cases of § § 565, 566 of the Reichsversicherungsordnung in the version of the Sixth Law on Changes in Accident Insurance of 9 March 1942 (Reichsgesetzbl. 107) shall be considered as the year of the accident the year for which the annual employment service has been last fixed. Unofficial table of contents

§ 10

(1) The cash benefits shall be adjusted in such a way as to be calculated on the basis of an annual work earnings multiplied by 1,061. For those according to § 27 of the Social Insurance Act Saar of 15 June 1963 (Federal Law Gazette). I p. 402), the amount of cash to be paid shall be the sum of the annual earnings, without a reduction in accordance with Article 9 of Law No 345 of Saarland, as amended by the Notice of 29 July 1953 (Official Journal of the Saarland p. 520) of the cash benefit (2) As far as the annual earnings earnings are calculated according to the local wage, the cash benefits are adjusted in such a way that they are calculated on the basis of an annual work earnings multiplied by 1,156. (3) Insofar as the cash benefits have been paid on The reason for an annual work service is calculated, the amount of which is set out in the statutes of the insurance carrier, they shall be adjusted in such a way as to be calculated on the basis of the amount of the insurance premium on 1 January 1963. Unofficial table of contents

§ 11

The multiplied annual work earnings may not exceed the amount of 36,000 Deutsche Mark, unless a higher amount has been determined in accordance with Section 575 (2) sentences 2 and 3 of the Reich Insurance Order. In this case, the amount of 36,000 Deutsche Mark will be replaced by the higher amount.

Third Section
Common rules and final provisions

Unofficial table of contents

§ 12

(1) Pensions from the pension insurance of the workers and the employees who are to be adjusted in accordance with § § 2 and 3, pensions with benefits or benefits from the pension insurance scheme and pensions under Article 2 (42) of the The Workers ' Pension Insurance Act and Article 2 (41) of the Federal Insurance Law for New Law, which meet with a pension from the statutory accident insurance, may be subject to the application of § § 1278, 1279 of the German Insurance Act (§ § 1278) of the German Federal Law for the Protection of Social Insurance. Reichsversicherungsordnung, § § 55, 56 of the German Insurance Act and § § 75, 76 of the German Insurance Act The Federal Law on Agriculture and Consumer Protection together with the pension from the accident insurance do not fall below the amount paid as the sum of both pensions for December 1963; child subsidies and children's allowances are not taken into account. Sentence 1 shall also apply in the cases of Section 1282 (1) of the Reich Insurance Code, Section 59 (1) of the German Insurance Act and Section 79 (1) of the Reichsknappschaftsgesetz (Reichsnappschaftsgesetz). If, in the other cases, the adjustment according to the first section does not result in a higher amount than the previous payment amount, it is to be further paid. (2) Is a cash benefit of the statutory accident insurance, which is based on the previous legal Where it has been established or should have been established, higher than would be the case for adjustment under the second section, the person entitled to be granted the higher benefit shall be granted.

Footnote

§ 12 italic pressure: § § 1278 to 1286 RVO deed. By Article 6 N ° 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 Unofficial table of contents

§ 13

(1) In the case of pensions under the Federal Supply Act and the laws which declare the Federal Supply Act applicable to applicable, the war-related pension and the aid for living under the Burden-Compensation Act, the benefits according to the Federal Compensation Act (Bundesentschädigungsgesetz), the Federal Social Assistance Act and the Law on the Welfare of Youth Welfare, the Miet and Lasting Aid under the Act on the Granting of Miet and Lasting Aid, the Second Housing Act and the Housing Aid Act and the federal aid to compensate for hardship in the context of the Occupational retirement provision according to the guidelines of 17. October 1951 (Federal Gazette No. 204 of 20 October). The amount of the benefits, or the amount of the benefits, is dependent on other income, the amounts of increase to be paid for the months of January to May 1965 under the provisions of this Act shall remain in respect of the above mentioned provisions. Period of investigation of income disregarded. The increases for the period referred to in the first sentence shall also apply to the granting of transitional allowance during the implementation of measures for the maintenance, improvement or re-establishment of earning capacity by a pension insurance institution (2) Paragraph 1 shall also apply to pensions in accordance with the provisions of the Law on 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, paragraph 1 shall apply in the Saarland with the proviso that, in place of the Second Housing Act, the relevant Saarland law shall enter into force and the Federal Compensation Act and the burden-compensation law shall be taken into account in the Saarland shall apply. Unofficial table of contents

§ 14

(1) Each pensioner shall be notified in writing of the amount of his pension to which he is entitled from 1 January 1965. (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 only be admissible until 31 December 1965. (3) § § 627 and 1300 of the Reichsversicherungsordnung, § 79 of the German Insurance Act and section 93 (1) of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) remain unaffected.

Footnote

Section 14 (3) italic print: § § 627 u. 1300 RVO. 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

§ 15

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

§ 16

(1) This Act shall enter into force on the day following the announcement. (2) § 12 (1) Sentence 1 and 2 shall apply with effect from 1 January 1964. If, according to § 12 (1) sentence 1 and 2, a higher pension is obtained, it shall be payable. § 14 shall apply accordingly.