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

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

unofficial table of contents

8. RAG

Date of delivery: 22.12.1965

Full quote:

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

Footnote

The provision shall not apply in 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

entry formula

The Bundestag has approved, with the approval of the Bundesrat, the following law:

First Section
Pension Adjustment from statutory Pension Insurance

Non-official Table of contents

§ 1

(1) In the statutory pension insurance schemes, the insured and survivors ' pensions from insurance cases, which were published in 1964, are subject to changes in the general basis of assessment for the year 1965. or have occurred earlier, for reference periods of 1. 1 January 1966 according to § § 2 to 8.(2) The pensions referred to in paragraph 1 shall also include those referred to in Article 2 (38) (3) and (2) of the Workers 'Pension Insurance Act and Article 2 (3) (1) and (2) of the Act on the Reregulation of the Workers' Pension Insurance Act in 1965. increased pensions, the capacity compensation under § 98a of the Reichsknappschaftsgesetz (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. Non-official table of contents

§ 2

(1) Pensions, which are based on § § 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 of reduction and rest if the pension was 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 Act (Reichsversicherungsordnung) Employee insurance act or § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) have been applied.(2) Paragraph 1 does not apply to pensions, in which § 1268 (2) sentence 2 of the German Insurance Act, § 45 (2) sentence 2 of the German Insurance Act, § 69 (2) sentence 2 of the German Reichsnappschaftsgesetz, Article 2 § 38 Para. 3 Sentence 4 Second Half-sentence of the Workers 'Pension Insurance Reregulation Act or the second sentence of Article 2 (3), second sentence, of the Act on the Reregulation of Workers' Insurance and Reregulation.(3) Paragraph 1 shall apply in accordance with the pensions of the pension insurance scheme, which are paid pursuant to Article 2 (24) (5) of the Statutory Pension Insurance (Knappschaftsrentenversicherungs-NeuRuleungsgesetz).

Footnote

§ 2 italic printing: § § 1253 bis 1256, § § 1267 bis 1286 RVO opened. by Art. 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992; AVG, RKG, ArVNG, AnVNG, KnVNG thatted. by Art. 83 Nos. 1, 3, 7, 2, 6 G v. 18.12.1989 I 2261 mWv 1.1.1992 Non-official table of contents

§ 3

(1) Pensions pursuant to Article 2 (32) to (35) of the The Workers ' Pension Insurance-NeuRuleungsgesetz or Article 2 (31) to (34) of the Law on the New Law of the Insurance Act must be adjusted in such a way as to result in a pension as would result from the application of the rules of rest, if the pension scheme is Pension reconverted and, before application of the rules of rest, the unshortened pension amount without a child subsidy for each child and without increasing amounts from contributions of the higher insurance with 1.6994 multiplied and the children's subsidy for each The child would be calculated on the basis of the general assessment basis for the year 1965; deviations due to rounding off are permitted. § 2 para. 1 sentence 2 shall apply.(2) Article 2 (34) of the Workers 'Pension Insurance Law and Article 2 (33) of the Law on the Reregulation of the Workers' Insurance Act are to be applied with the proviso that, in place of the values set out in these provisions, the following values shall apply: are:
For an insurance period of .... JahrenInsurance rents DM/month widows and widows DM/month
50 and more900,00 540, 00
49882,00529,20
48864,00518,40
47846,00 507, 60
46828,00496,80
45810,00486,00
44 792, 00475,20
43774,00 464, 40
42756,00453,60
41738,00442,80
40 and less 720, 00432.00
(3) The Regulation on the application of the rules on the rest of the Reich Insurance Code and the Employee Insurance Act to Pensions To Be Converted the pension insurance of workers and employees of 9. July 1957 (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. Non-official table of contents

§ 4

(1) The remaining pensions are adjusted in such a way that the amount of adjustment to be determined in accordance with § 5 is 1.083. the resulting amount shall be readded to the child allowance and to the pension parts not subject to adjustment. 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 1.071. The children's allowance for each child shall be calculated in accordance with the general assessment base of 1965.(2) Pensions according to paragraph 1, which meet with a pension from the statutory accident insurance and to which the § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the German Insurance Act, or § § 75, 76 of the German Insurance Act The application of the Law on Reichsknappschaftsgesetz must be adjusted in such a way that it reaches at least the amount which results from
a)
in insurance cases after the 31. December 1956 and in the case of pensions with benefits or benefits from the crunic pension insurance, if they are subject to the other pensions in accordance with § 2,
b)
Insurance cases before the 1. January 1957, if they were to be adjusted according to § 3
.(3) Pensions which are calculated in accordance with Article 2 (42) of the Workers ' Pension Insurance Law, Article 2 (41) of the Federal Insurance Law and Article 2 (11) of the Statutory Pension Insurance (Knappschaftsrentenversicherungs-Neuregelungsgesetz) are thus to the extent that they achieve at least the amount which would result if, in their calculation, Article 2 (42) of the Workers 'Pension Insurance Act, Article 2 (41) of the Reregulation Act, or Article 2 (2) of the Act on the Reregulation of Workers' Insurance 11 of the law on the new law on the protection of pension rights had not been applied and they would be adjusted in accordance with § 2. Non-official table of contents

§ 5

(1) Adjustment amount is in the cases of § 4 of the pension payment amount for January 1966 without a children's subsidy for each Child, reduced by the special grant and the amounts of increase 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 pursuant to section 75 (1) sentence 2 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz).(2) In the case of pensions, on the basis of Section 6 (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 place of the pension payment for January 1965, the amount of the pension shall be paid in January 1966.(3) In cases where a pension has not been paid in January 1966 or the amount of the pension is paid after 31 January 1996, the amount of the pension shall be paid in accordance with the following conditions: In accordance with paragraph 1 of this Article, the amount which would have been payable in January 1966 shall be replaced by the amount which would have been payable for January 1966 if the conditions for the fulfilment of the claim had existed at that time.(4) In the case of pensions, which are calculated in accordance with Article 2 (42) of the Workers ' Pension Insurance Act, Article 2 (41) of the Federal Insurance Law on New Law and Article 2 (11) of the Statutory Pension Insurance (Knappschaftsrentenversicherungs-Neuregelungsgesetz), as a special grant, the amounts of 21 Deutsche Mark for insurance tenants and 14 German marks in the case of survivors ' pensions are valid. 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. Non-official table of contents

§ 6

(1) In the case of pensions from the pension insurance of the workers and the pension insurance of the employees, who are insured pursuant to § 4 , Article 2 (34) of the Workers 'Pension Insurance Act or Article 2 (33) of the Act on the Reregulation of the Workers' Insurance Act shall apply on the basis of the values laid down in Section 3 (2).(2) Insurance rents of the pension insurance scheme without a child allowance and without a benefit surcharge, which are adjusted in accordance with § 4, shall not exceed the basis of the pension assessment for the insured person. 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 basis for the insured person. Tenths and, in the case of pensions, one-fifth of the pension basis for the insured person is one fifth.(3) Insurance rents-without a children's allowance and without benefit supplement-as well as survivors ' pensions from insurance cases after 31. December 1956, which meet with a pension from the statutory accident insurance and are adapted in accordance with § 4, may be combined in accordance with § § 1278, 1279 of the Reichsversicherungsordnung, § § 55, 56 of the employment insurance act or the in § § 75, 76 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), which are to be taken into consideration in the calculation of pensions in accordance with § 2, do not exceed. The first sentence shall also apply to pensions from insurance cases before the 1. January 1957, when benefits or benefits are to be granted from the crunic pension scheme.(4) The other pensions from insurance cases before the 1. January 1957, which meet with a pension from the statutory accident insurance and are adapted in accordance with § 4, may be combined in the § § 1278, 1279 of the Reichsversicherungsordnung (Reichsversicherungsordnung) or in the § § § 55, 56 of the German Insurance Act (Act on the German Insurance Act) shall not exceed the limits to be taken into account in calculating the pension pursuant to § 3. Non-official table of contents

§ 7

(1) Benefits according to § 27 of the Social Insurance Act Saar of 15. June 1963 (Bundesgesetzbl. 402) should 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, is in the version of the notice of 29. July 1953 (Official Journal of the Saarland, p. 520) and the provisions of this Act were to be found on the basis of the insurance periods to date.(2) Benefits according to § 28 of the Social Insurance Act Saar of 15. June 1963 (Bundesgesetzbl. 402) must be adjusted in such a way as to give rise to a payment amount as defined in Article 28 of the Social Security Act Saar (Article 28 of the Social Security Act) on the basis of the principles of the Saarland Law, Law No 345 in the version of the notice of 29. Comparative performance calculated in July 1953 (Official Journal of the Saarland, p. 520) would be calculated. Non-official table of contents

§ 8

The provisions of this section shall apply in the Saarland, taking into account the version in which the provisions in § § 1 bis 7 as well as for pensions under Article 2 (15) of Law No 591 concerning the introduction of the Workers ' Pension Insurance Law in the Saarland of 13 November 2000. 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 the Law of the State of Saarland in Saarland (Germany) of 13 July 1990. July 1957 (Official Journal of Saarland p. 789) and Article 4 (9) of Law No 635 on the introduction of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) and the Knappschaftsrentenversicherungs-NeuRuleungsgesetz in Saarland (18). June 1958 (Official Journal of the Saarland, p. 1099).

Second section
Adjustment of cash benefits from statutory accident insurance

A non-official table of contents

§ 9

(1) The statutory accident insurance will be used to make changes in the average gross wage and salary sum between the Calendar years 1963 and 1964 the annual work earnings-dependent cash benefits for accidents which occurred in 1963 or earlier, for reference periods of 1. 1 January 1966 according to § § 10 and 11.(2) Paragraph 1 does not apply,
to the extent that the cash benefits in the Agricultural Accident Insurance an average annual work earnings are calculated to the extent that the cash benefits are granted on the basis of Section 12 (2) of the Seventh Pension Adjustment Act.
(3) As a cash benefit within the meaning of paragraph 1, a performance according to § 27 of the Social Insurance Act Saar of 15. June 1963 (Bundesgesetzbl. 402), which is to be granted by 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 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 the 30. April 1963 (Bundesgesetzbl. 241) shall be considered as the year of the accident the year for which the annual employment service has been last fixed. Non-official table of contents

§ 10

(1) The cash benefits are adjusted in such a way that they are multiplied by one of 1,089 Annual work earnings are calculated. For those according to § 27 of the Social Insurance Act Saar of 15. June 1963 (Bundesgesetzbl. 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), the financial contribution is based.(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 calculated on the basis of an annual work earnings multiplied by 1.259.(3) Insofar as the cash benefits are calculated on the basis of an annual work service, the amount of which is set in the statutes of the insurance carrier, they shall be adjusted in such a way that they are based on the provisions of the 1. It was calculated in January 1964. Non-official table of contents

§ 11

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

Third section
Common provisions and final rules

Non-official table of contents

§ 12

(1) Pensions from the pension insurance of the workers and employees, which 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 Workers ' Pension Insurance Act and Article 2 (41) of the Federal Insurance Law on New Law, which includes: a pension from the statutory accident insurance, may, after application of § § 1278, 1279 of the Reich Insurance Code, § § 55, 56 of the German Insurance Act and § § 75, 76 of the Reichsknappschaftsgesetz (Reichsnappschaftsgesetz) together with the Pension from the accident insurance does not fall below the amount paid as the sum of both pensions for December 1963; child subsidies and children's allowances shall not be 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 after the first section does not result in a higher amount than the previous payment amount, it shall be repaid.(2) If a financial performance of the statutory accident insurance, which has been or should have been determined on the basis of the previous statutory provisions, is higher than it would be in the adjustment according to the second section, so is granted to the beneficiary the higher performance.

Footnote

§ 12 italic pressure: § 1278 to 1286 RVO. by Art. 6 No. 24 G v. 18.12.1989 I 2261 mWv 1.1.1992 RKG, ArVNG, AnVNG, AVG thatted. by Art. 83 No. 3, 7, 2, 1 G v. 18.12.1989 I 2261 mWv 1.1.1992 Non-official table of contents

§ 13

(1) Insofar as pensions are provided in accordance with 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 under the burden-equalisation law, the aid for living under the law on aid measures for Germans from the Soviet Union Occupation zone of Germany and the Soviet-occupied sector of Berlin, the benefits under the Federal Compensation Act, the Federal Social Welfare Act and the Law for Youth Welfare, the Housing Money (rent and burden subsidies) according to the The Law on Housing in the version of the Notice of 1. April 1965 (Bundesgesetzbl. 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 to maintain, improve or restore the earning capacity of a pension insurance institution; and not to take account of unemployment benefits, unemployment benefits and old-age assistance for farmers.(2) Paragraph 1 shall also apply to pensions in accordance with the provisions of the Act concerning the introduction of the Federal Supply Law 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. Non-official table of contents

§ 14

(1) Each pensioner receives a written notice of the amount of his pension, which he/she has received from the 1. January 1966 is due to be given.(2) It shall be corrected if a subsequent check is made that the adjustment is defective. 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 corrigendum is only up to 31. December 1966.(3) § § 627 and 1300 of the Reichsversicherungsordnung, § 79 of the German Insurance Act and Section 93 (1) of the Reichsknappschaftsgesetz remain unaffected.

Footnote

§ 14 (3) italic print: § § 627 and 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 Non-official table of contents

§ 15

This law applies in accordance with Section 13 (1) of the Third Transfer Act of the 4. January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Non-official table of contents

§ 16

This law enters into force on the day after the announcement.