Eighth 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: 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

Read the untranslated law here: http://www.gesetze-im-internet.de/rag_8/BJNR021140965.html

Eighth law on the adjustment of pensions from the statutory pension insurance, as well as the adjustment of cash benefits under the statutory accident insurance (eighth pension adjustment Act - 8 RAG) 8 RAG copy date: 22.12.1965 full quotation: "eighth pension adjustment Act of December 22, 1965 (BGBl. I S. 2114)" 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. 1.1966 +++) 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 of 1965 , the 1964 or earlier have occurred in the year, adapted for cover time from January 1, 1966 in accordance with paragraphs 2 to 8.
Also that pursuant to article 2 (2) include pensions within the meaning of paragraph 1 section 38, paragraph 3, sentence 1 and 2 of the Arbeiterrentenversicherungs new Regulation Act and article 2 increased pensions, Knappschaft compensation according to section 98a of the imperial associations Act and the performance according to §§ 27, section 37, paragraph 3, sentence 1 and 2 of the Angestelltenversicherungs new Regulation Act in 1965 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 the § 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 of 1965 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 applies in cases where the section 1278, 1279 of the Reichsversicherungsordnung, §§ 55, 56 of the Angestelltenversicherungsgesetzes or sections 75, 76 of the imperial associations Act have been applied.
(2) paragraph 1 does not apply to pensions, where section 1268 para 2 sentence 2 of the Reichsversicherungsordnung, § 45 para 2 sentence 2 of the Angestelltenversicherungsgesetzes, § 69 para 2 sentence 2 of the Kingdom Associations Act, article 2 paragraph 38, paragraph 3, sentence 4 second half-sentence of the Arbeiterrentenversicherungs new Regulation Act or article 2 article 37, paragraph 3, sentence 4 second half-sentence of the Angestelltenversicherungs new control law has been applied.
(3) paragraph 1 shall apply accordingly for pensions of the miners pension transferred under article 2 § 24 para 5 of the Knappschaftsrentenversicherungs new regulatory law.
Footnote 2 section italics: §§ 1253-1256, go to sections 1267 till 1286 RVO. by article 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992. AVG, RKG, ArVNG, AnVNG KnVNG go up. by article 83 No. 1, 3, 7, 2, 6 G v. 18.12.1989 I 2261 mWv 1.1.1992 § 3 (1) pensions referred to in 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 if the pension once again converted and it prior to application of the Ruhensvorschriften the full amount of pension without child support for each child and without increasing amounts of contributions of supplementary insurance with 1,6994 reproduced and the children grant for each child is calculated according to the general basis of assessment for the year of 1965. 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 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 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 12.240,00 Deutsche mark, in section 3, paragraph 1, of the regulation on the point of the amount of 171,60 Deutsche mark the amount of 291,30 Deutsche mark, at the point of the amount of 471,60 Deutsche mark the amount of 801,10 Deutsche mark and in section 3, paragraph 2 of regulation at the point the amount of 4.281,00 Deutsche mark the amount of 7.275,00 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 1.083; 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 1,071. The child allowance for each child shall be calculated after the general basis of 1965.
(2) pensions referred to in paragraph 1, which meet with a pension under the statutory accident insurance and on which the §§ 1278, 1279 of the Reichsversicherungsordnung, §§ 55, 56 of the Angestelltenversicherungsgesetzes or sections 75, 76 of the imperial associations Act to apply 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.
(3) pensions, the article 2 § 42 of the Arbeiterrentenversicherungs new Regulation Act, article 2 § 41 of the Angestelltenversicherungs new regulatory law and article 2 § 11 of the Knappschaftsrentenversicherungs new regulatory law are calculated, are to adapt, that they reach at least the amount arising would, when calculating their article 2 § 42 of the Arbeiterrentenversicherungs new Regulation Act, article 2 § 11 of the Knappschaftsrentenversicherungs new regulatory law not had been applied article 41 of the Angestelltenversicherungs new Regulation Act or article 2 and according to § 2 would be adjusted.

§ 5 the pension amount for January 1966 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 6, paragraph 1 of the seventh of pension adjustment Act of 23 December 1964 (Bundesgesetzbl. I p. 1085) to apply was, adjustment amount is the amount resulting after application of § 4 para 1 first half-sentence of the seventh of pension adjustment Act. In place of the pension payment amount for January 1965, enters the pension amount for January 1966 (3) in the cases where January 1966 no pension has been paid or the amount of the pension changes after December 31, 1965, takes the place of the pension payment amount within the meaning of paragraph 1 the amount that is payable would have been January 1966, 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 the 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 the §§ 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 allowed § the Reichsversicherungsordnung or which together in 1278, 1279 in §§ 55, referred to limits which are to be included in the calculation of the pension under 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 (Amtsblatt of des Saarlandes 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 is an application of articles 4 to 6 of this act according to the principles of the Saarland Act No. 345 in the version of the notice of 29 July 1953 on the consider the section 28 of the social security adjustment Act Saar (Amtsblatt of des Saarlandes 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 Saarland p. 779), article 2 article 17 of Act No. 590 to Angestelltenversicherungs new regulatory legislation in the Saar region of 13 July 1957 (Amtsblatt of des Saarlandes 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 Saarland 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 1963 and 1964 the year earnings-dependent cash benefits for accidents that have occurred in 1963 or earlier, in the year reference periods from January 1, 1966 in accordance with §§ 10 and 11 adapted for.
(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 on the basis of § 12 para 2 of the seventh of pension adjustment Act are granted.
(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) and in the cases of sections 573, 577 of the Reichsversicherungsordnung amended the law to the rule of law of the statutory accident insurance from April 30, 1963 (Bundesgesetzbl. I p. 241) 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 1.089. 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 Saarland p. 520) underlies the money.
(2) as far as for accidents that occurred in 1963, the year earnings is calculated according to the local wage, adjusted cash benefits in the way that charge after a year earnings multiplied with 1,259.
(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 1964.

§ 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 art. 6 Nr. 24 G v. 18.12.1989 2261 mWv 1.1.1992 RKG ArVNG AnVNG, AVG go up. by article 83 No. 3, 7, 2, 1 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 the living according to the balancing act, the aid to the living according to the law on assistance for Germans from the Soviet occupation zone of in Germany, and the Soviet-occupied sector of Berlin , the benefits under the federal compensation law, the Federal Social Assistance Act and the Act for youth welfare, the housing benefit (rent and expense subsidies) under the Housing Act as amended by the notice of 1 April 1965 (Bundesgesetzbl. I p. 177) and the boost amounts which are January until including May 1966 on the basis of the provisions of this Act to provide for the months remain the 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, , 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 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 from January 1, 1966, 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 until December 31, 1966.
(3) §§ 627 and 1300 of the Reichsversicherungsordnung, section 79 of Angestelltenversicherungsgesetzes and article 93, paragraph 1 of the Kingdom 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 Act 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.

§ 16 this Act enter into force on the day after the announcement.