Old-age money law (AltGG)

Unofficial table of contents

AltGG

Date of completion: 28.08.2013

Full quote:

" Pensions Act of 28 August 2013 (BGBl. 3386), which is provided by Article 7 of the Law of 6 March 2015 (BGBl. I p. 250).

Status:

Amended by Art. 7 G v. 6.3.2015 I 250

For more details, please refer to the menu under Notes

Footnote

(+ + + Text credits: 4.9.2013 + + +) 

  

The G was decided by the Bundestag as Article 1 of the G v. 28.8.2013 I 3386. It's gem. Article 11 of this G entered into force on 4.9.2013. Unofficial table of contents

Content Summary

§ 1	Scope
§ 2	General
§ 3	Claim
§ 4	Loss of entitlement to old-age benefits
§ 5	Old-age pensions
§ 6	Age-eligible service
§ 7	Age of age
§ 8	Surcharges for children's education and care
§ 9	Survivor's old-age money
§ 10	Fixing and payment of the age and survivor's age, recovery, implementation, retirement benefit
§ 11	Meeting of old-age money, widow's age money or orphan age money with earned income
§ 12	Meeting of old-age money with minimum wage
§ 13	Meeting of old-age and survivors ' old-age benefits with pensions
§ 14	Meetings of old-age money, widow's age, and orphan age money with supply from inter-state or state-of-the-art use
§ 15	Abbreviation of the old-age pension after divorce
§ 16	Distribution of supply loads
§ 17	Evaluation

Unofficial table of contents

§ 1 Scope

(1) Age benefit is granted

1.

Civil servants who have been dismissed according to § 33 of the Federal Civil Service Act (Bundesbeamtengesetz),

2.

Judges for life, who have been dismissed in accordance with Section 21 (2) (4) of the German Judges Act, and

3.

Professional soldiers who have been dismissed pursuant to Article 46 (3) of the Soldatengesetz (Soldatengesetz),

if, at the time of dismissal, compelling service reasons do not conflict and they have made a statement to the Dienstherrn before the termination of the service, instead of the reassurance in the statutory (2) The old-age allowance is calculated on the basis of the age-eligible salary and the age-eligible period of service. (3) Survivors of the pensioners referred to in paragraph 1 above are entitled to survivor's old-age benefits. (4) Old-age benefit and Persons entitled to a survivor's pension are not beneficiaries in the sense of the BeamtenSupply Act or the SoldatenSupply Act. Unofficial table of contents

§ 2 General

(1) The old-age allowance and the survivor's pension are governed by law. (2) § 3 (2) of the Civil Service Act applies accordingly. (3) Where reference is made in this Act to the provisions of the Staff Pension Act, the following are: Soldiers to apply the relevant provisions of the SoldatenSupply Act. If applicable provisions of the civil service provision act on the difference according to § 50 (1), this reference is incontetable in so far. (4) Legislation according to which in the case of a dismissal on request the cost of a All or part of your studies or any other training shall remain unaffected. Unofficial table of contents

§ 3 Claim

(1) A right to an old-age pension and a survivor's old age benefit if an age-eligible service has been completed under § 6 (1) to (4) of at least seven years, of which at least five years in the Federal Service. Periods of parttime employment must 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 employment relationship ends. (3) The entitlement to an old-age pension shall be based on the expiry of the month in which the pension shall be paid. the pensioner reaches the rule age limit according to § 35 sentence 2 or § 235 (2) of the Sixth Book of Social Code. By way of derogation, the resting of the claim shall end with the expiry of the month preceding the month in which the pensionable person is entitled to

1.

is severely disabled within the meaning of § 2 (2) of the Ninth Book of the Social Code and is either

a)

the 62. has been completed or has been completed

b)

was born before 1 January 1964 and has reached the age limit for the early use of the old-age pension for severely disabled persons in accordance with Article 236a (2) of the Sixth Book of the Social Code,

2.

is fully in-work pursuant to § 43 (2) sentence 2 and 3 of the Sixth Book of the Social Code,

3.

is partially reduced in employment pursuant to § 43 (1) sentence 2 of the Sixth Book of Social Code, or

4.

was born before 2 January 1961 and is incapacitated in accordance with § 240 (2) of the Sixth Book of the Social Code.

§ § 103 and 104 (1) sentence 1 and 2 of the Sixth Book of the Social Code shall apply accordingly. (4) If the determination as to whether a reduced earning capacity as referred to in the second sentence of the second subparagraph of paragraph 3 or the third sentence of the second sentence of paragraph 3 or an inability to work in accordance with the second sentence of paragraph 3 are to be found In the case of the institution of the statutory pension insurance, the institution shall decide on the basis of the provisions of point 4. Section 102 (2) of the Sixth Book of the Social Code shall apply accordingly. (5)

1.

the official in accordance with § 46 or § 57 of the Federal Civil Service Act (Bundesbeamtengesetz) again in a civil service relationship or

2.

the professional soldier in accordance with § 57 of the Federal Civil Service Act in conjunction with Section 50 (2) of the Soldatengesetz (Soldatengesetz) or in accordance with § 51 (4) of the Soldatengesetz (Soldatengesetz) once again in a service relationship as a professional soldier

(6) The right to an old-age pension shall be waited as soon as after-insurance has been carried out. Unofficial table of contents

§ 4 Loss of entitlement to old-age benefits

(1) Under the conditions laid down in § 59 of the German Civil Service Act or § § 5 and 53 (1) of the Soldatengesetz (Soldatengesetz), the right to an old-age pension shall be granted. (2) If a disciplinary procedure is to be applied to a reduction in the age of the pension, the Abbreviation with the calendar month following the entry of the unquestionability of the decision, at the earliest with the beginning of the payment of the pension. (3) If a dismissal from the official or judicial relationship on request is already a If disciplinary proceedings are pending, this will be continued in the light of the old age allowance. Section 32 (2) (2) of the Federal disciplinary law is not applicable. Unofficial table of contents

§ 5 Pensions of pensions

(1) Age-eligible salaries are

1.

the basic salary,

2.

other remuneration, the validity of which is laid down by law;

3.

Benefits in accordance with § 33 (1) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), insofar as they are durable.

In the case of the remuneration laid down in the first and second sentences of the first sentence, the remuneration last granted to the person entitled to age is decisive; they shall be multiplied by 0,9901. (2) In the case of part-time employment or leave of absence without remuneration, as an age-eligible salary, the full age-eligible salaries corresponding to the last office; this also applies in the case of restricted use because of limited service capacity in accordance with § 45 of the Federal Civil Service Act. (3) § 5 (3), 5 and 6 of the Federal Civil Service Act Civil servants ' supply law shall apply accordingly. Unofficial table of contents

§ 6 Age-eligible service

(1) Age-eligible is the period of service which the official has completed from the first appointment to the civil servant's relationship in the service of a public service servant 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 period of service completed in the civil servant's relationship shall be equal to

1.

the period of service covered by the judge's relationship;

2.

the period of service completed in the public service of an inter-governmental or state-owned institution.

The military service period shall be equal to the period of service completed in the public service of an inter-governmental or superstate institution and the time of the glory of the rights and obligations pursuant to Section 25 (5) of the Soldatengesetz. (3)

1.

in the case of officials and judges, the periods completed in the professional or non-professional military service shall also apply in the appropriate application of Articles 8 and 9 of the Staff Regulations of Officials,

2.

in the case of professional soldiers, the period laid down in the first sentence of Article 64 (1) (1) (1) and (4) of the Soldatenpensions 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 supplementary insurance in the statutory pension insurance scheme or in a professional (5) § § 12a, 12b and 13 (2) sentence 3 of the Staff Regulations of Officials apply accordingly. Unofficial table of contents

§ 7 Height of the age

(1) The amount of the age allowance shall be 1.79375 per cent of the age-eligible salary for each year of age-eligible service, but a total of 71.75 per cent, multiplied by 0.85. Section 14 (1) sentence 2 to 4 of the Staff Pension Act applies accordingly. (2) In the cases of § 3 (3) sentence 2, the amount of the age allowance in accordance with paragraph 1 shall be reduced by 3.6 per cent for each year for which pension payments shall be paid before 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; the reduction shall not exceed 10.8 per cent. Section 14 (1) sentences 2 to 4 of the Staff Pension Act applies accordingly. (3) Ends the revocation of the right to an old-age benefit pursuant to § 3 (3), second sentence, point 3 or point 4, the amount of the old-age pension is to be reached until the relevant (4) If the pensions are generally increased or reduced in accordance with § 70 of the Staff Pension Act, the age-eligible benefits of the calculation of the old-age pension are increased or decreased. Remuneration in accordance with § 5 (1). (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 time of the insurance-free employment would have been reinsured in the statutory pension insurance scheme. 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. Unofficial table of contents

§ 8 allowances for children's education and care

§ § 50a, 50b, 50c (1) sentence 1 and paragraphs 2 to 4, as well as § 50d of the Civil Service Act, apply accordingly. The pension shall be replaced by the old-age pension, the pensionable salary shall be replaced by the age-eligible salary, the period of service eligible for retirement shall be replaced by the period of validity of the pensionable service and the place of the pensionable salary. 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 survivor's old-age allowance

(1) The survivor ' s retirement benefit shall include:

1.

Age allowance for the death month (paragraph 2),

2.

Witwenage money (paragraph 3),

3.

Widow's severance (paragraph 4),

4.

Orphan's money (paragraph 5).

(2) The death of the pensionable person shall remain the full amount of the old-age benefit paid in the month of the death. § 17 (2) of the Staff Pension Act applies accordingly. (3) The widow of an official with entitlement to an old-age pension receives widow's age money. The widow's age money is 55 percent of the old 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 (4) A widow with entitlement to a widow's allowance who is remarried receives a severance payment at the level of twenty-four times that of her in the month of the remarriage after application of § § 13 bis 15 paying widow's aged. (5) The children of a deceased official with entitlement to old-age benefits receive orphan age money. The orphan age money is 12 percent for half-orphans and 20 percent of the age for full orphans. Section 23 (2), first sentence, and Section 24 (2) and (3) of the Staff Pension Act shall apply in accordance with the proviso that children are not granted an orphan's allowance, the child's relationship with the deceased person entitled to the age of the pensioner by acceptance as a child after the (6) The entitlement to widows and orphan age benefits shall be incurred at the earliest with the expiry 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. Unofficial table of contents

§ 10 Setting and payment of the old age and the age of the survivor, recovery, implementation, retirement benefit

(1) The age-eligible remuneration and the age-eligible service period shall be fixed within six months of the dismissal. The determination is made subject to future changes in the law. (2) The benefit granted, with the exception of the performance in accordance with § 9 (2), shall be made on written application. (3) Age and survivor's old-age allowance 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 old age and the survivor's old age benefit are to 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. Pension funds, widow's age money and orphan age benefits are paid at the latest until the end of the month in which the person entitled to death dies. (5) § 49 (1), (3) and (5) to (9) as well as § § 52 and 62 of the (6) Section 62a of the Staff Pension Act shall apply in accordance with the requirement that the data necessary for the presentation of the development of the age of retirement in the report of the Staff Regulations of the Staff Regulations shall be provided in accordance with the provisions of the Federal Government pursuant to Article 17 of the Act amending the Staff Services Act and other services and Pension legislation of 18 December 1989 (BGBl. 2218), as defined by Article 19 (8) of the Law of 29 June 1998 (BGBl. (7) § 49 (10) of the Staff Regulations of Officials of the European Commission shall apply accordingly. The claim for information also includes the references to the investigation of the post-insurance pursuant to Section 181 of the Sixth Book of 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 money or orphan age money with earned income

(1) If a pensioner or a person entitled to an acquisition or employment in accordance with § 9 (3) or (5) is entitled to purchase or purchase income (Section 53 (7) of the Staff Pension Act), he or she shall also receive old-age benefits or survivors ' retirement benefits only up to the Reach the maximum limit laid down in paragraph 2. This shall apply only until the end of the month in which the pensioner reaches the limit of the rule age 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 per cent of the amount referred to in point 1,

3.

for pensioners in accordance with § 3 (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.

Unofficial table of contents

§ 12 Meeting of old-age money with minimum wage

If, in addition to an entitlement to an old-age pension, a right to a minimum pension is available to the federal government or to a disobedire subject to the supervision of a federal authority, the right to an old-age pension is based on the pension entitlement. Unofficial table of contents

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

(1) § 55 (1) to (5) and (8) of the Staff Regulations of Officials shall apply accordingly, with the proviso that:

1.

pensions within the meaning of the second sentence of paragraph 1 shall not be taken into account in the extent to which they have been acquired in accordance with that law after the entitlement to an old-age pension has been paid;

2.

in point (1) (a) of the first sentence of paragraph 2, the pensionable salary from the final grade of the grade from which the retirement pension is determined, which shall be eligible for an age-eligible salary;

3.

the time between the completion of the 17 th sentence of paragraph 2, first sentence, point 1 (b), for the period of life and the termination of the employment relationship, which is based on the right to an old-age pension, minus the periods in accordance with Section 12a of the Staff Pension Act;

4.

in the second sentence of the second sentence of paragraph 2, the widow ' s allowance shall be replaced by the widow ' s age allowance and the orphan's money shall be replaced by the orphan's money under this Act;

5.

in the second sentence of paragraph 2, the reduction in accordance with Article 14 (3) of the Staff Regulations of Officials shall replace the reduction in accordance with Article 7 (2) of this Act;

6.

the maximum limit shall be determined by application of Article 7 (3) if the age allowance involved in the system of rest has been determined in the appropriate application of that provision;

7.

in paragraph 5, to replace Article 53 of Article 11 of this Act.

(2) Paragraph 1 shall not apply if the age-eligible pension is entitled to supply under the Staff Pension Act. Unofficial table of contents

§ 14 Meeting of old-age money, widow's age money and orphan age money with supply from inter-state or state-of-the-art use

If an age-money, widow's or orphan's pension fund receives a pension from the use of the pensioner in the public service of an intergovernmental or superstate institution, the age-and-age-and Survivor ' s old-age benefit in the appropriate application of Article 56 (1) to (6) of the Staff Pension Act, with the proviso that the amount of the pension shall not be taken into account in the extent to which they are entitled after the entitlement to an old-age pension after the pension In determining the maximum limit, the period shall remain after: Termination of service disregarded. The amount of fame resulting from the first sentence shall be deducted from the remaining pension after the application of § § 11 to 13. Unofficial table of contents

§ 15 Reduction in the age of old age after divorce

(1) Are by decision of the family court

1.

Entitlements in statutory pension insurance pursuant to § 1587b (2) of the Civil Code in the version valid up to 31 August 2009, or

2.

Rights under the Supply Balance Act of 3 April 2009 (BGBl. I p. 700)

in accordance with the provisions of this Decision, the old-age allowance of the compensating person and the allowance for widows and orphans of their surviving dependants shall be transferred after application of the rules of renown, reduction and settlement of accounts shall be reduced to the amount calculated in accordance with paragraph 2 or paragraph 3. Section 57 (1) sentence 3 of the Staff Pension Act applies accordingly. (2) The reduction amount 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 pursuant to § 3 (3) sentence 1 or sentence 2. (3) The reduction in the age of retirement or the survivor's age may be paid by the beneficiaries in whole or in part by payment of a retirement pension or the date of retirement. The amount of capital to be spent on the dientherrn. Section 58 (2) to (4) of the Staff Regulations of Officials shall apply accordingly. Unofficial table of contents

Section 16 Distribution of supply loads

Section 107b of the Civil Service Act shall apply between the servants who are subject to federal law, in accordance with the condition that:

1.

the pension is considered to be a regular recurring benefit in accordance with Section 107b (2) sentence 1 of the Staff Pension Act,

2.

to the place where the retirement pension is granted when the retirement pension is granted,

3.

to the place of service periods which are capable of holding rest, the service periods to be taken into consideration as age-eligible.

Unofficial table of contents

§ 17 Evaluation

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