Long Law

Original Language Title: Altersgeldgesetz

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Pensions Act (AltGG)

Non-official table of contents

AltGG

Date of issue: 28.08.2013

Full quote:

" Old-age money law of 28. August 2013 (BGBl. 3386), as defined by Article 7 of the Law of 6. March 2015 (BGBl. I p. 250) has been changed "

:Modified by Art. 7 G v. 6.3.2015 I 250

For details, see Notes

Footnote

(+ + + Text evidence: 4.9.2013 + + +)

The G for details. was referred to as Article 1 of the G v. 28.8.2013 I 3386 adopted by the Bundestag. It's gem. Article 11 of this G entered into force on 4.9.2013. unofficial table of contents

content overview

§ 1 Scope
§ 2General
§ 3 Claim
§ 4Loss of entitlement to old age money
§  5Age-eligible salaries
§ 6Age-money-capable service time
§ 7Age gelding
§ 8Child education and child-education surcharges Care
§ 9survivor's old age money
§ 10 Setting and paying the old age and the survivor's age, recovery, implementation, retirement money information
§ 11 Meeting of old-age money, widow's age money, or orphan age money with earned income
§ 12Meeting of old-age money with Minimum wage
§ 13Meeting of old-age and survivors ' old-age benefits with pensions
§ 14Meeting of old-age money, widow's age money and orphan age money with care from inter-state or state-of-the-art usage
§ 15Reduction of age after divorce
§ 16Distribution of the Supply loads
§ 17Evaluation
unofficial table of contents

§ 1 Scope

(1) Retirement allowance is granted
1.
Life-time officials who in accordance with Section 33 of the Federal Civil Service Act (Bundesbeamtengesetz),
2.
Lifetime Judges, who have been dismissed in accordance with Section 21 (2) (4) of the German Judge Act, and
3.
Professional soldiers who have been dismissed pursuant to § 46 (3) of the Soldatengesetz (Soldatengesetz)
if there are no compelling service reasons at the time of dismissal. , and they have made a statement to the Dienstherrn before the termination of the service, instead of wanting to use the old-age insurance in the statutory pension insurance scheme.(2) The old-age allowance shall be calculated on the basis of the age-eligible remuneration and the age-eligible service period.(3) Survivors of the pensioners referred to in paragraph 1 shall be entitled to survivor ' s old-age benefits.(4) Age-money and survivors ' pensioners are not beneficiaries in the sense of the BeamtenSupply Act or the SoldatenSupply Act. Non-official table of contents

§ 2 General

(1) The old-age allowance and the survivor's age benefit are governed by law.(2) § 3 (2) of the Staff Regulations of Officials applies accordingly.(3) Where reference is made in this Act to the provisions of the Civil Service Act, soldiers shall be subject to the relevant provisions of the Soldatenpensions Act. If the applicable provisions of the civil service provision act refer to the difference according to § 50 (1), this reference shall be incontedible to the extent that it is applicable.(4) legislation requiring the costs of studies or other training to be reimbursed in whole or in part in the event of dismissal on request shall remain unaffected. Non-official table of contents

§ 3 Claim 1

(1) A right to an old-age pension and to survivor's old age benefit if an age-eligible The service period referred to in § 6 (1) to (4) of at least seven years, of which at least five years in the Federal Service, has been completed. Periods of part-time employment shall be taken into account in full.(2) The entitlement to an old-age pension shall be incurred at the end of the day on which the service ends.(3) The entitlement to an old-age pension shall be at the end of the month in which the pensioner reaches the normal age limit according to § 35 sentence 2 or § 235 (2) of the Sixth Book of Social Law. By way of derogation, the revocation of the entitlement shall end with the expiry of the month preceding the month in which the age-eligible
1.
is severely disabled within the meaning of § 2 Paragraph 2 of the ninth Book of the Social Code is and either
a)
the 62. Year of age has completed or
b)
before 1. Since January 1964, the age limit for the early use of the old age pension for severely disabled persons has been reached in accordance with Section 236a (2) of the Sixth Book of the Social Code,
2.
fully working according to § 43, paragraph 2, sentence 2 and 3 of the Sixth Book of Social Code,
3.
part of the work according to § 43 (1) sentence 2 of the Sixth Book of the Social Code is or
4.
before the 2. January 1961 born and incapacitated in accordance with § 240 (2) of the Sixth Book of the Social Code.
§ § 103 and 104 (1) sentences 1 and 2 of the Sixth Book of Social Code apply accordingly.(4) If the determination as to whether a reduced earning capacity referred to in the second sentence of the second sentence of paragraph 3 or the second sentence of the second sentence of paragraph 3 or the inability to work for the profession is in accordance with point 4 of the second sentence of paragraph 3, is not taken by the institution of the statutory pension insurance scheme decides on this by a general practitioner. Section 102 (2) of the Sixth Book of the Social Code shall apply accordingly.(5) If
1.
the official in accordance with § 46 or § 57 of the Federal Civil Service Act becomes again a civil servant ratio or
2.
the professional soldier in accordance with § 57 of the Federal Civil Service Act in conjunction with § 50 (2) of the Soldatengesetz or pursuant to § 51 paragraph 4 of the Soldatengesetz (Soldatengesetz) again in a service relationship as Occupational soldier
is entitled to an old-age pension at the earliest in the event of a dismissal after the end of five years from the renewed appeal.(6) The right to an old-age pension shall be waited as soon as a supplementary insurance has been carried out. Non-official table of contents

§ 4 Loss of entitlement to an old-age allowance

(1) Under the conditions of § 59 of the German Civil Service Act or § § § § § § 5 and 53 (1) of the Soldatengesetz (Soldatengesetz) shall be entitled to an old-age pension.(2) If a disciplinary procedure recognizes a reduction in the age, the reduction shall begin with the calendar month following the occurrence of the unquestionability of the decision, at the earliest with the beginning of the payment of the age.(3) If a disciplinary procedure is already pending upon a dismissal from the official or judicial relationship, the disciplinary procedure shall be continued with regard to the age allowance. Section 32 (2) (2) of the Federal disciplinary law is not applicable. Non-official table of contents

§ 5 Age-eligible salaries

(1) Retirement-eligible salaries are
1.
the basic salary,
2.
other service suits, whose retirement ability is determined by law ,
3.
benefits in accordance with § 33 (1) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), to the extent that they are capable of being ruhedpreserved.
In the case of the remuneration according to the first sentence, the number 1 and 2 are: the remuneration most recently granted to the pensioner; it shall be multiplied by 0,9901.(2) In the case of part-time employment or leave of absence without remuneration, the full age-eligible remuneration corresponding to the last office shall be considered as age-eligible salaries; this shall also apply in the case of limited use because of limited use Serviceability according to § 45 of the Federal Officials Act.(3) § 5 (3), (5) and (6) of the Staff Regulations of Officials shall apply accordingly. Non-official table of contents

§ 6 Age-eligible service time

(1) Age-eligible is the period of service that the official from the initial appointment to the Civil servants ' relationship has been completed at the service of a public service officer in the civil service relationship. In the case of professional soldiers, the military service period is age-eligible pursuant to Article 2 (1) sentence 1 of the SoldatenSupply Act. The second sentence of Article 6 (1) and the second paragraph of the Staff Regulations of Officials shall apply accordingly. Periods of part-time employment are only eligible for an age equivalent to the ratio of reduced to regular working hours; this also applies to periods of limited use because of limited service capacity in accordance with § 45 of the Federal Officials Act.(2) The time of service completed in the official relationship shall be equal to
1.
in the judge's relationship
2.
service period completed in the public service of an intergovernmental or state institution.
The military service period the period of service completed in the public service of an inter-governmental or superstate institution and the period of glory of the rights and obligations pursuant to section 25 (5) of the Soldatengesetz (Soldatengesetz) shall be the same.(3) As an age-eligible
1.
, officials and judges shall also be deemed to be in the professional or legal profession. non-professional military service in the appropriate application of § § 8 and 9 of the civil service law,
2.
applies to professional soldiers also the time in accordance with Article 64 (1), first sentence, points 1 and 4 of the SoldatenSupply Act.
(4) Paragraphs 1 to 3 shall not apply in respect of periods for which claims for old-age or age-related claims have already been acquired or for which a Reinsurance has been carried out in the statutory pension insurance scheme or in a professional pension scheme.(5) § § 12a, 12b and 13 (2) sentence 3 of the Staff Regulations of Officials shall apply accordingly. Non-official table of contents

§ 7 Age gelds

(1) The amount of the age allowance is 1.79375 percent for each year of age-eligible service. of age-eligible salaries, but a total of 71.75 per cent, multiplied by 0.85. Section 14 (1) sentences 2 to 4 of the Staff Regulations of Officials shall apply accordingly.(2) In the cases referred to in the second sentence of Article 3 (3), the amount of the old-age allowance in accordance with paragraph 1 shall be reduced by 3.6 per cent for each year for which an old-age pension is paid before the end of the month in which the pensioner is entitled to the rule-age limit according to § 35 sentence 2 or Article 235 (2) of the Sixth Book of Social Law; the reduction shall not exceed 10.8 per cent. Section 14 (1) sentences 2 to 4 of the Staff Regulations of Officials shall apply accordingly.(3) Ends the right to an old-age pension in accordance with Section 3 (3), second sentence, point 3 or point 4, the amount of the old-age allowance shall be multiplied by 0.5 until the relevant rule age limit is reached.(4) If the pensions are generally increased or reduced in accordance with § 70 of the Staff Pension Services Act, the age-eligible remuneration in accordance with Section 5 (1) of the calculation of the age value shall be correspondingly increased or decreased accordingly. One-off payments remain unaccounted for.(5) The amount of the old age and the survivor's age may not be less than the amount of the pension entitlement which would have surrendered if the pensioner for the period of insurance-free employment in the statutory Pension insurance would have been reinsured. The settlement shall be calculated on the spot that pays the old-age allowance or the survivor ' s old-age allowance. The required information will be obtained from the responsible pension insurance institution of the statutory pension insurance scheme. Non-official table of contents

§ 8 Increases in children's education and care

§ § 50a, 50b, 50c (1) sentence 1 and paragraphs 2 to 4, as well as § 50d of the Civil servants ' supply law shall apply accordingly. The pension shall be replaced by the old-age pension, in the place of the pensionable remuneration, and in the place of the pensionable period of service, the period of service which is eligible for retirement, and the place of the pensionable service. Witwengelds according to § 20 paragraph 1 of the Civil Service Act, the widow's age allowance is made in accordance with § 9 paragraph 3. Unofficial Table Of Contents

§ 9 Survivors ' Old Money

(1) The survivor's age allowance includes
1.
Age allowance for the dying month (paragraph 2),
2.
Witwenaltersgeld (paragraph 3),
3.
widow's severance (paragraph 4),
4.
orphan age money (paragraph 5).
(2) Pensioners who are entitled to a pension shall remain in their heirs at the full age of the age allowance payable in the month of death. Section 17 (2) of the Staff Regulations of Officials shall apply accordingly.(3) The widow of an official who is entitled to an old-age pension receives widow's age money. The widow's age money is 55 percent of the age. The second sentence of Article 19 (1) and the second sentence of Article 20 (2) and the second sentence of Article 20 (3) of the Staff Regulations of Officials shall apply in accordance with the provisions of Section 19 (1), second sentence, point 2, of the date of retirement of the official in retirement at the time of the the first payment of old-age money under this law.(4) A widow with entitlement to a widow ' s age who is remarried shall receive a severance payment in the amount of twenty-four times the widow's age payment to be paid in the month of remarriage after the application of § § 13 to 15.(5) The children of a deceased official who is entitled to an old-age pension receive orphan age benefits. The orphan age money is 12 percent for half-orphans and 20 percent of the age for full orphans. § 23 (2), first sentence, and § 24 (2) and (3) of the Staff Pension Act shall apply accordingly, with the proviso that children are not granted orphan's money, the child's relationship with the deceased person entitled to benefit from the orphan age through acceptance as a child the first payment of old-age money has been established in accordance with this law.(6) The entitlement to widows and orphan age benefits shall be incurred as early as the end of the death month of the pensioner.(7) § § 1a, 25, 28, 52, 61 (1) and (2) as well as § 64 of the Staff Regulations of Officials shall apply accordingly. Non-official table of contents

§ 10 Setting and payment of the old age and the survivor's age, reclaim, implementation, Age allowance

(1) The age-eligible remuneration and the age-eligible service period shall be fixed within six months of dismissal. The fixing shall be made subject to future changes in the law.(2) The granting of benefits, with the exception of the performance in accordance with § 9 (2), shall be made upon written application.(3) Age and survivor ' s old-age benefits shall be granted from the month in which the application has been received by the competent authority. Applications submitted within three months of the entry of the conditions pursuant to § 3 (3) sentence 1 or sentence 2 shall be deemed to have been filed on the first of the month in which these conditions were met. In the case of the second sentence of § 3 (4), the payment of the pension is to be requested again after the expiry of the respective period.(4) The age and survivor ' s age benefit shall be paid for the same periods as the salaries of the officials of the Federal Government. They shall be due at the end of the month in which the eligibility conditions are met and shall be paid on the last bank working day of this month. Old-age money, widow's age, and orphan's money are paid at the latest by the end of the month in which the person entitled to death dies.(5) For the implementation of this law, § 49 (1), (3) and (5) to (9) as well as § § 52 and 62 of the Civil Service Act (BeamtenSupply Act) shall apply accordingly.(6) Section 62a of the Staff Pension Act shall apply in accordance with the proviso that the data necessary for the presentation of the development of the pension in the report of the Federal Government pursuant to Article 17 of the Law shall be transmitted. Amendment of the Civil Service Supply Act and other service and supply law provisions of 18 December 2008. December 1989 (BGBl. 2218), which is Article 19 (8) of the Law of 29. June 1998 (BGBl. 1666),(7) § 49 (10) of the Staff Regulations of Officials shall apply accordingly. The claim for information also includes the references to the investigation of the post-insurance pursuant to § 181 of the Sixth Book of the Social Code. The information is to be provided to the competent authority within three months of receiving the application. Unofficial table of contents

§ 11 Meeting of old-age money, widow's age allowance, or orphan age money with earned income

(1) Pensionable person or a person entitled under § 9 (3) or (5) of the acquisition or employment income (Article 53 (7) of the German Civil Service Act), he or she shall also receive old-age benefits or survivor ' s old-age benefits only until the date of achievement of the Maximum limit referred to in paragraph 2. This shall only apply until the end of the month in which the pensioner reaches the control age limit according to § 35 sentence 2 or § 235 (2) of the Sixth Book of Social Code.(2) The maximum limit is
1.
for widows, the age-eligible salary based on the calculation of the widow's age,
2.
for orphans 40 percent of the amount according to number 1,
3.
for age-eligible persons in accordance with § 3, paragraph 3, sentence 2 71.75 per cent of age-eligible salaries plus an amount of EUR 450 per month plus two times this amount within a calendar year.
A non-official table of contents

§ 12 Meeting of old-age pension funds with a minimum wage

In addition to an entitlement to a pension, there is a right to a minimum wage in relation to the federal government or a servant's head under the supervision of a federal authority, shall be entitled to an old-age pension. Non-official table of contents

§ 13 Meeting of old-age and survivors ' old-age benefits with pensions

(1) § 55 (1) to (5) and (8) of the Civil servants ' supply law shall apply accordingly, with the proviso that
1.
pensions within the meaning of paragraph 1 Sentence 2 shall not be taken into account as to the extent to which they have been acquired in accordance with this Law after the entitlement to an old-age benefit;
2.
in the first sentence of paragraph 2. 1 (a) to replace the pensionable remuneration from the final grade of the grade from which the retirement pension is determined, which shall be the age-eligible salary;
3.
to replace the time between the completion of the 17th sentence of the first sentence of paragraph 2, point 1 (b). for the period of life and termination of the pension entitlement, minus the periods under Section 12a of the Staff Regulations Act;
4.
in (2), first sentence, point 2, replaced by the widow's money, and the orphan's money in the place of the orphan's money;
5.
in paragraph 2 sentence 2 to the place of the reduction according to § 14 paragraph 3 of the civil service law the reduction in accordance with § 7 paragraph 2 of this law occurs;
6.
the maximum limit under the application of Section 7 (3) shall be determined if the age allowance involved in the system of rest has been determined in the appropriate application of this provision;
7.
in Paragraph 5 shall be replaced by Section 53 of Section 11 of this Act.
(2) Paragraph 1 shall not apply if the age-eligible entitlement is entitled to supply under the Staff Pension Act. Non-official table of contents

§ 14 Meeting of old-age money, widow's age money, and orphan age money with care from intergovernmental or State-of-the-state use

A pension fund of an age, widow's or orphan age from the use of an age-eligible person in the civil service of an intergovernmental or superstate institution shall be entitled to Pension provision, the old-age and survivor ' s old-age allowance shall be subject to the corresponding application of Article 56 (1) to (6) of the Staff Regulations of Officials, with the proviso that the amount of the pension shall not be taken into account in the extent to which the benefits are to be paid after the date of the Entitlement to an old-age pension has been acquired under this Act; the time after termination of the service is not taken into account when the maximum limit is set. The amount of fame resulting from the first sentence shall be deducted from the remaining pension after the application of § § 11 to 13. Non-official table of contents

§ 15 Reduction of the old age after divorce

(1) are determined by the decision of the family court
1.
Anwartschaften in statutory pension insurance in accordance with § 1587b (2) of the Civil Code in der bis zum 31. August 2009, or
2.
AnRights under the Supply Balance Act of 3. April 2009 (BGBl. 700)
shall, in the light of the effectiveness of this Decision, apply the old-age allowance of the person who compensates for the compensation and the benefit of the widows and orphans of their survivors after the application of the frenzied, reduction and The accounting rules shall be reduced by the amount calculated in accordance with paragraph 2 or paragraph 3. Section 57 (1) sentence 3 of the Staff Regulations of Officials shall apply accordingly.(2) The amount of the reduction for the old-age benefit and for the survivor ' s old-age allowance is calculated in accordance with § 57 (2) and (3) of the Staff Pension Act. The date of the entry into retirement shall be the date in accordance with the first sentence of § 3 (3) or the second sentence.(3) The reduction of the age or survivor's age may be wasted in whole or in part by the rightholders by paying a capital amount to the dientherrn. Section 58 (2) to (4) of the Staff Regulations of Officials shall apply accordingly. Non-official table of contents

§ 16 Distribution of supply loads

§ 107b of the Staff Regulations of Officials applies between the servants who are responsible for the Federal law shall be subject to national law, with the proviso that
1.
shall be the age allowance as a regular recurring benefit in accordance with § 107b (2) sentence 1 of the Civil servants ' supply law,
2.
enters the place where the retirement pension is granted when the retirement pension is granted,
3.
to take the rest of the service hours to take into account service times that are eligible for age.
Non-official table of contents

§ 17 Evaluation

The Federal Government reports to the German Bundestag until the 31. December 2016 on the human-political and financial implications of this law.