Advanced Search

Eighth law on the adjustment of pensions from statutory pension insurance schemes and on the adjustment of cash benefits from statutory accident insurance

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Eighth Law on the adjustment of pensions from statutory pension schemes and on the adjustment of cash benefits from statutory accident insurance (Eighth Pension Adjustment Act-8). RAG)

Unofficial table of contents

8. RAG

Date of completion: 22.12.1965

Full quote:

" Achte Pension Adjustment Act of 22 December 1965 (BGBl. I p. 2114) "

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. 1.1966 + + +) 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 case of statutory pension insurance, the change in the general base for 1965 of insurance and survivors ' pensions for insurance cases which occurred in 1964 or earlier shall be applied to the statutory pension insurance scheme for the period of 1965 or Reference periods of 1 January 1966 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 and 2 of the Workers ' Pension Insurance Act and Article 2 (37) (3) sentence 1 and 2 of the Act on the Reregulation of the Federal Employment Insurance in 1965 raised pensions, which Compensation in accordance with § 98a of the German Reichsnappschaftsgesetz (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 1965 and the contribution ceiling for this year, it would be possible to calculate deviations due to rounding. Section 1282 (2) of the German Insurance Act, Section 59 (2) of the German Insurance Act or Section 79 (2) of the German Reich Scarcity Act does not apply in cases in which § § 1278, 1279 of the Reichsversicherungsordnung (Reich Insurance Code), § § 55, 56 of the German Insurance Code (2) Paragraph 1 does not apply to pensions under which § 1268 (2) sentence 2 of the Reichsversicherungsordnung (Reichsversicherungsordnung), § 45 (2) sentence 2 of the German Insurance Act (Reichsversicherungsordnung) of the German Reich Insurance Act (Reichsversicherungsordnung) of the German Reich Insurance Act (Reichsversicherungsordnung) Employee Insurance Act, Section 69 (2) sentence 2 of the German Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), Article 2 (38) (3) sentence 4, second half-sentence (3) Paragraph 1 shall apply in accordance with the pensions of the cigar-community Pension insurance, which is paid under Article 2 (24) (5) of the Statutory Pension Insurance (Knappschaftsrentenversicherungs-NeuRuleungsgesetz).

Footnote

§ 2 italic printing: § § 1253 to 1256, § § 1267 bis 1286 RVO. By Art. 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992; AVG, RKG, ArVNG, AnVNG, KnVNG thath. by Art. 83 Nos. 1, 3, 7, 2, 6 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 1.6994 multiplied and the children's allowance for each child after the general Basis for the year 1965 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 900.00 540.00
49 882,00 529,20
48 864,00 518,40
47 846,00 507.60
46 828,00 496.80
45 810,00 486,00
44 792,00 475,20
43 774,00 464.40
42 756,00 453,60
41 738,00 442.80
40 and less 720.00 432,00
(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 12,240.00 Deutsche Mark, in § 3 (1) of the Regulation, to the point of the amount of 171,60 Deutsche Mark the amount of 291.30 Deutsche Mark, to the point of the amount of 471,60 Deutsche Mark the amount of 801,10 Deutsche Mark and in § 3 (2) of the Regulation to the point of the amount of 4,281,00 Deutsche Mark the amount of 7.275.00 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 § 5 will be multiplied by 1,083; 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) shall be multiply charged with 1,071. The child allowance for each child shall be calculated in accordance with the general assessment base of 1965. (2) Pensions as referred to in paragraph 1, which meet with a pension from the statutory accident insurance scheme and to which 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
(3) Pensions provided for in Article 2 (42) of the Workers ' Pension Insurance Act, Article 2 (41) of the Federal Insurance Law and Article 2 (11) of the Statutory Pension Insurance (Knappschaftsrentenversicherungs-Neuregelungsgesetz) shall be adjusted in such a way as to achieve at least the amount which would result if, in the calculation of their calculation, Article 2 (42) of the Workers ' Pension Insurance Law, Article 2 (41) of the Employee insurance-law or Article 2 (11) of the The law on the new law on financial security had not been applied and it would be adjusted in accordance with § 2. Unofficial table of contents

§ 5

(1) Adjustment amount is in the cases of § 4 of the pension payment amount for January 1966 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 (Reichsknappschaftsgesetz). (2) In the case of pensions, to § 6 para. 1 of the seventh Pension Adjustment Act of 23 December 1964 (Bundesgesetzbl. I p. 1085), the amount of adjustment is the amount resulting from the application of Section 4 (1), first half-sentence of the Seventh Retirement Adjustment Act. In the case of January 1965, the amount of the pension shall be replaced by the amount of the pension for January 1966. (3) In the cases in which no pension has been paid in January 1966 or the amount of the payment of the pension is changed after 31 December 1965, the amount of the pension shall be replaced by the amount of the pension payment for January 1966. (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 within the meaning of paragraph 1 shall be the amount to be paid in January 1966 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 in accordance with § § 64, 65, 66 of the German Reichsnappschaftsgesetz (Reichsknappschaftsgesetz), six tenths, in the case of pensions of half-orphans, shall be replaced by the provision of the pension base for the insured person. Tenths and, in the case of pensions, one-fifth of the pension basis for the insured person is based. (3) Insurance pensions-without a child allowance and no benefit supplement-as well as survivors ' pensions from insurance cases after the 31. December 1956, with a pension from the statutory accident insurance In accordance with § 4, the limits of the limits referred to in § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the German Insurance Act or the limits specified in § § 75, 76 of the Reichsknappschaftsgesetz (Reichsnappschaftsgesetz) may be combined with the following: in the case of a calculation of pensions in accordance with § 2, shall not exceed. 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 be taken together in accordance with § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung) or the persons referred to in § § 55, 56 of the Federal Insurance Act (Andes) Limits to be taken into account in the calculation of the pension pursuant to § 3 shall not be . 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 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 give rise to a payment amount which, in accordance with Article 28 of the Social Security Act Saar, applies to the provisions of § § 4 to 6 of this Act, which are based on the principles of the Saarland. Law No 345, as amended by the Notice of 29 July 1953 (Official Journal of the Saar, p. 520), would result in a comparative 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) of 18 June 1958 (Official Journal of the Saarland, p. 1099) are granted.

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 sum between the calendar years 1963 and 1964 shall be based on the amount of the cash benefits paid by the annual employment service for accidents which are carried out in the (2) Paragraph 1 shall not apply, in respect of reference periods of 1 January 1966, in accordance with the provisions of Sections 10 and 11 of this Directive.
as far as the cash benefits in the agricultural accident insurance are calculated according to an average annual work earnings, to the extent that the cash benefits are granted on the basis of section 12 (2) of the Seventh 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) and in the cases of § § 573, 577 of the Reichsversicherungsordnung (Reich Insurance Code) as amended by the Law for the Reregulation of the Law of the Legal Accident Insurance of 30 April 1963 (Bundesgesetzbl. I p. 241) shall be considered as the year of the year for which the annual work service has been last fixed. Unofficial table of contents

§ 10

(1) The amount of cash benefits shall be adjusted in such a way as to be calculated on the basis of an annual work earnings multiplied by 1,089. 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 annual work service of the amount which, 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 accidents occurred in 1963, the annual earnings after the local wage is calculated, the cash benefits are adjusted in such a way that they are paid in accordance with an annual work service, multiplied by 1,259 (3) Insofar as the cash benefits are based on a Annual work earnings, the amount of which is set out in the statutes of the insurance carrier, shall be adjusted in such a way as to be calculated on the basis of the amount of the amount of the insurance premium on 1 January 1964. 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 pension schemes of workers and employees, 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 depart. by Art. 6 N ° 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 RKG, ArVNG, AnVNG, AVG deed. by Art. 83 Nos. 3, 7, 2, 1 G v. 18.12.1989 I 2261 mWv 1.1.1992 Unofficial table of contents

§ 13

(1) To the extent that, in the case of pensions under the Federal Supply Act and the laws which declare the Federal Supply Act to be applicable, the war-related pension and the aid for subsistence in accordance with the burden-equalisation law, the aid to the Living according to the law on relief measures for Germans from the Soviet occupation zone of Germany and the Soviet-occupied sector of Berlin, the benefits under the Federal Compensation Act, the Federal Social Assistance Act and the Federal Ministry of Education and Research Law for the welfare of young people, the housing allowance (rental and burden-subsidies), according to the Law of Housing in the version of the Notice dated 1 April 1965 (Federal Law Gazette). 177) and the Federal State 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 amount of the benefits, or the amount of the benefits, is dependent on other income, the increases which are to be made for the months of January to May 1966 on the basis of 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 the Federal Compensation Act and the burden-compensation law shall be applied in the light of their version in force in the Saarland. Unofficial table of contents

§ 14

(1) Each pensioner shall be informed in writing of the amount of his pension to which he is entitled on 1 January 1966. (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 is only admissible until December 31, 1966. (3) § § 627 and 1300 of the Reich Insurance Code, § 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

This Act shall enter into force on the day following the date of delivery.