Seventh Law On The Adjustment Of Pensions From The Statutory Pension Insurance, As Well As The Adjustment Of Cash Benefits Under The Statutory Accident Insurance

Original Language Title: Siebentes Gesetz über die Anpassung der Renten aus den gesetzlichen Rentenversicherungen sowie über die Anpassung der Geldleistungen aus der gesetzlichen Unfallversicherung

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Read the untranslated law here: http://www.gesetze-im-internet.de/rag_7/BJNR010850964.html

Seventh law on the adjustment of pensions from the statutory pension insurance, as well as the adjustment of cash benefits under the statutory accident insurance (seventh pension adjustment Act - 7 RAG) 7 RAG copy date: 23.12.1964 full quotation: "seventh pension adjustment Act of December 23, 1964 (BGBl. I p. 1085)" 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. 16 EinigVtr v. 31.8.1990 in conjunction with art. 1 G v. 23.9.1990 II 885, 1057 (+++ text detection from: 1 1.1965 +++) input formula the Bundestag has decided with the consent of the Federal Council the following law: first section adjustment of pensions from the statutory pension insurance § 1 (1) in the statutory pension insurance the insured person and pensions insurance cases are on the occasion of the change of the general basis of assessment for the year 1964 , the 1963 or earlier have occurred in the year, adapted for cover time from January 1, 1965 in accordance with paragraphs 2 to 8.
(2) also referred to in article 2 include the pension within the meaning of paragraph 1 section 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 1964, Knappschaft compensation according to section 98a of the imperial associations Act and performance according to §§ 27, 28 of the social security adjustment Act Saar by June 15, 1963 (Bundesgesetzbl. I P. 402).
(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 1964 and of the contribution assessment ceiling for this year would be calculated Discrepancies due to rounding are allowed. § 1282 para 2 the Reichsversicherungsordnung, section 59 para 2 of the Angestelltenversicherungsgesetzes or § 79 par. 2 of the Kingdom Associations Act does not apply in cases where sections 1278, 1279 of the Reichsversicherungsordnung, §§ 55, 56 of the Angestelltenversicherungsgesetzes or sections 75, 76 of the imperial associations Act have been applied. In the cases where 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 accordingly applies to pensions of miners pension transferred under article 2 § 24 para 5 of the Knappschaftsrentenversicherungs new regulatory law.
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 1,5690 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 1964 Discrepancies due to rounding are allowed. Section 2, subsection 1, sentence 2 shall apply.
(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... Years insured pensions DM/month widows and widowers pensions 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 Ruhensvorschriften of the Reichsversicherungsordnung and the Angestelltenversicherungsgesetzes to be converted to pensions of the pension insurance of workers and employees of 9 July 1957 (Bundesgesetzbl. I S. 704) apply subject to the proviso that in article 1, paragraph 3, and § 2 para 4 of the regulation in place of the amount of 7.650,00 Deutsche mark the amount of 11.220,00 Deutsche mark, in section 3, paragraph 1, of the regulation on the point of the amount of 171,60 Deutsche mark the amount of 269,40 Deutsche mark, at the point of the amount of 471,60 Deutsche mark the amount of 740,10 Deutsche mark and in section 3, paragraph 2 of regulation at the point the amount of 4.281,00 Deutsche mark the amount of 6.717,00 Deutsche 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 1.094; reproduced the amount arising as a result of child support and not subject to the adjustment pension parts are to add back. The performance payment of miners pensions insurance and the amount to be belassende according to § 75 paragraph 1 sentence 2 of the Kingdom Associations Act are to reproduce with 1,167. The child allowance for each child shall be calculated after the general basis of 1964.
(2) pensions referred to in paragraph 1, that come together and are on the §§ 1278 1279 the Angestelltenversicherungsgesetzes or sections 75, 76 of the imperial associations Act to apply the Reichsversicherungsordnung, sections 55, 56, with a pension under the statutory accident insurance 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 1965 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 case of pensions, on the article I section 6, paragraph 1, of the sixth of pension adjustment Act of 21 December 1963 (Bundesgesetzbl. I p. 1008) to apply was, adjustment amount is the amount resulting after application of § 4 para 1 first half-sentence of the sixth of pension adjustment Act. In place of the pension payment amount for January 1964, joins the pension amount for January 1965 (3) in cases in which January 1965 no pension has been paid or the amount of the pension changes after December 31, 1964, takes the place of the pension payment amount within the meaning of paragraph 1 the amount that is payable would have been January 1965, when the conditions for the fulfilment of the claim is then passed.
(4) 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) insured persons pensions - without child support and performance payment - as well as pensions from insurance claims after December 31, 1956, which meet with a pension under the statutory accident insurance adjusted according to § 4, may together in §§ 1278, 1279 the Reichsversicherungsordnung, sections 55, 56 of the Angestelltenversicherungsgesetzes, or in sections 75, 76 of the imperial associations Act referred to limits that are taken into account when calculating the pension pursuant to article 2 , do not exceed. 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 which are to be included in the calculation of the pension according to section 3.

§ 7 (1) services according to § 27 of the social security adjustment Act Saar by June 15, 1963 (Bundesgesetzbl. I p. 402) are to adapt, that is an amount as he is at of Saarland law No. 345 in the version of the notice of July 29, 1953 (Official Journal of the Saar S. 520) and would result in the provisions of this Act on the basis of previous insurance periods.
(2) benefits under section 28 of the social security adjustment Act Saar by June 15, 1963 (Bundesgesetzbl. I p. 402) are to adapt, that is an amount as he in application of articles 4 to 6 of this Act on the principles of the Saarland Act No. 345 in the version of the notice of July 29, 1953 (Official Journal of the Saar p. 520) calculated comparison performance would result.

Article 8 the provisions of this section shall apply in the Saarland, taking into account the version, which referred to in article 2 apply in sections 1 to 7 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 § 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.
Second section § 9 (1) of the statutory accident insurance adjustment of cash benefits under the statutory accident insurance will cause of the changes in the average Bruttolohn-and salary sum between the calendar years in 1962 and 1963 the year earnings-dependent cash benefits for accidents that have occurred in 1962 or earlier in the year for reference periods of January 1, 1965 in accordance with §§ 10 and 11 adapted.
(2) paragraph 1 shall not apply, as far as cash benefits in the agricultural accident insurance are calculated according to an average annual earnings, as far as cash benefits under article III, section 1, paragraph 2, of the sixth of pension adjustment Act are provided.
(3) also a performance considered cash benefit within the meaning of paragraph 1 under section 27 of the social security adjustment Act Saar by June 15, 1963 (Bundesgesetzbl. I p. 402), which is to grant a carrier of statutory accident insurance.
(4) in the cases of § 565, 566 of the Reichsversicherungsordnung in the version of the sixth law on changes in the accident insurance from March 9, 1942 (Reichsgesetzbl. I p. 107) accident year is considered by the year, the annual earnings for the last was fixed.

§ 10 (1) cash benefits be adjusted in such a way that they are calculated according to a year earnings multiplied with 1,061. For according to section 27 of the social security adjustment Act Saar by June 15, 1963 (Bundesgesetzbl. I p. 402) to granting cash benefits, without a reduction pursuant to § 9 of the Saarland Act No. 345 in the version of the notice of 29 July 1953 is considered the year earnings the amount, (Official Journal of the Saar p. 520) of the cash benefit is based.
(2) as far as the year earnings is calculated according to the local wage, adjusted cash benefits in the way they are calculated according to a year earnings multiplied with 1.156.
(3) as far as cash benefits on the basis of a year work earnings are calculated, the Betrag in the articles of Association of the insurance carrier is numerically, they are adapted in the way that they are calculated on the basis of the amount of applicable on 1 January 1963.

§ 11 the reproduced year earnings may not exceed the amount of 36,000 Deutsche mark, except that a higher amount has been determined in accordance with section 575, paragraph 2, sentence 2 and 3 of the Reichsversicherungsordnung. In this case, mark the higher amount occurs in place of the amount of 36,000 German.
Third section common provisions and final provisions § 12 (1) pensions from pension insurance of the workers and the employees who are to adapt, according to paragraphs 2 and 3 pensions with benefits or performance shares from the miners pensions insurance and pensions pursuant to article 2 § 42 of the Arbeiterrentenversicherungs new Regulation Act and article 2 § 41 of the Angestelltenversicherungs new regulatory law, that meet with a pension under the statutory accident insurance may after application of §§ 1278 , 1279 the Reichsversicherungsordnung, sections 55, 56 of the Angestelltenversicherungsgesetzes and sections 75, 76 of the Kingdom Associations Act along with the pension from accident insurance the amount fall below, which paid as the sum of the two individual pensions for December, 1963; Children grants and allowances shall be disregarded. Sentence 1 shall apply also in cases of § 1282 1 of the Reichsversicherungsordnung, section 59 para 1 of the Angestelltenversicherungsgesetzes and § 79 par. 1 of the Kingdom Associations Act. The customization is no higher than the previous amount, in other cases after the first section this is to continue to pay.
(2) a payment of statutory accident insurance, which has been determined on the basis of the existing legal regulations or would have to be determined, is higher than it would be in the adjustment after the second section, is to grant the higher performance to the owner.
Footnote § 12 italic: §§ 1278 until 1286 RVO go up. by article 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 § 13 (1) as far as in pensions after the Federal and the laws that explain the Federal applicable, war-damage pensions and aid to live on after the balancing act, the benefits under the federal compensation law, the Federal Social Assistance Act and the Act for youth welfare, the rental and loads of aid according to the law concerning the granting of leases and loads aid , the second Housing Act and the Act on housing aid and 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) depends on the granting or the amount of other income, the amounts of boost, which for the months January to including May 1965 on the basis of the provisions of this Act are to stay , for the period in the investigation of the income not taken into account. Boost amounts for the period referred to in sentence 1 are also in the granting of transitional allowance during the implementation of measures aimed at the preservation, improvement or recovery of earning a pension insurance institution and in the granting of unemployment benefits from, not to consider the unemployment benefits, as well as the age help for farmers.
(2) paragraph 1 shall apply also for 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. In addition, paragraph 1 in 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 shall apply.

Section 14 (1) any pension recipients is a written notice of the amount of his pension, which he is entitled to by January 1, 1965, 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, 1965.
(3) § 627 and 1300 of the Reichsversicherungsordnung, section 79 of the Angestelltenversicherungsgesetzes and § 93 (1) of the imperial associations Act remain unaffected §.
Footnote § 14 para 3 italics: sections 627 & 1300 RVO go up. 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 § 15 
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.

Section 16 (1) this Act enters into force on the day after the announcement.
(2) section 12, subsection 1, sentence 1 and 2 shall apply with effect from 1 January 1964 a higher pension arises under section 12, subsection 1, sentence 1 and 2 it is to be paid. § 14 shall apply mutatis mutandis.