Long Law

Original Language Title: Altersgeldgesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/altgg/BJNR338610013.html

Long law (AltGG) AltGG Ausfertigung date: 28.08.2013 full quotation: "long Act of August 28, 2013 (BGBl. I S. 3386), by article 7 of the law of March 6, 2015 (BGBl. I S. 250) has been changed" stand: amended by article 7 G v. 6.3.2015 I 250 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 4.9.2013 +++) the G as article 1 of the G v. 28.8.2013 I 3386 of the Bundestag adopted. It entered into force article 11 of this G on the 4.9.2013 accordance with.

Table of contents section 1 scope article 2 General article 3 claim section 4 loss of entitlement to long § 5 Altersgeldfähige remuneration § 6 Altersgeldfähige service time § 7 height of the Altersgelds of § 8 supplements for child-rearing and care section 9 survivors long § 10 fixing and payment of the Altersgelds and of the survivor's altersgelds, recovery, implementation, long information § 11 meeting of long, long of the widow or orphan long with income from employment § 12 meeting of long with minimum pension § 13 meeting of long and long of survivor's pensions § 14 meeting of long , Long of widow and orphan long with supply from intergovernmental or supranational using section 15 reduction of Altersgelds after divorce section 16 § 17 supply burden evaluation § 1 scope (1) long is granted 1 officials for life, who according to § 33 of the federal civil servants Act are dismissed, are judges for life, which released number 4 of the German Judges Act pursuant to article 21, paragraph 2 2., and are professional soldiers who been dismissed according to § 46 paragraph 3 of the soldier Act 3. , if at the time of discharge do not preclude compelling official reasons and they have submitted a declaration from the employer to termination of employment to take the long claim instead of the insurance in the statutory pension insurance.
(2) the long is calculated on the basis of long-enabled salaries and service time capable of long.
(3) survivors of the long beneficiaries referred to in paragraph 1 are entitled to survivor's long.
(4) long - and surviving long authorized are not beneficiaries in the sense of the officials supply Act or the soldier supply Act.

Section 2 General information (1) the long and the survivor's long are regulated by law.
(2) section 3, paragraph 2, of the officials supply Act shall apply accordingly.
(3) in so far as the provisions of the officials supply Act is referenced in this law, the corresponding provisions of the soldier supply Act to apply are soldiers. Applicable regulations reference the difference of the officials supply law according to § 50 para 1, this reference is irrelevant in that regard.
(4) legislation, according to which in the cases of dismissal on demand the cost of studies or other training to reimburse all or part, shall remain unaffected.

§ 3 (1) a claim to long and to surviving long entitlement if a long-enabled service time is completed according to § 6 paragraph 1 to 4 of at least seven years, of which at least five years in federal service,. Periods of part-time work are in this respect to take into account fully.
(2) the entitlement to long is created at the end of the day, when the employment relationship ends.
(3) the entitlement to long suspended until the end of the month in which the party entitled to long reached the age according to § 35 sentence 2 or article 235, paragraph 2, of the sixth book of the social code. The rest of the claim ends with the end of the month preceding the month in which the party entitled to long nonetheless is exception from this rule 1 within the meaning of article 2 paragraph 2 of the ninth book of the social code and either a) completed the 62nd year of life or b) is born before January 1, 1964 and which has reached current age limit for the premature use of the old-age pension for severely disabled persons according to § 236a, paragraph 2, of the sixth book of the social code , 2 full erwerbsgemindert according to article 43, paragraph 2, sentence 2 and 3 of the sixth book of the social code, 3. is partially erwerbsgemindert according to § 43 (1) sentence 2 of the sixth book of the social code or 4 before 2 January 1961 was born and berufsunfähig pursuant to section 240, paragraph 2 of the sixth book of the social code.
The sections 103 and 104 paragraph 1 sentences 1 and 2 of the sixth book of the social code shall apply mutatis mutandis.
(4) if the determination whether a reduced earning capacity pursuant to paragraph 3 sentence 2 number 2 or number 3 or a disability sentence 2 number 4 is pursuant to paragraph 3 is not met by the carrier of the statutory pension insurance, decides about a medical officer. Article 102, paragraph 2, of the sixth book of the social code shall apply mutatis mutandis.
(5) 1 the officials of the professional soldier called after section 46 or section 57 of the federal civil servants act again in a civil servant or 2. According to section 57 of the federal civil servants act in conjunction with section 50, paragraph 2, of the soldier Act or according to § 51 paragraph 4 of the soldier act again in a service relationship as a professional soldier, a long incurred at the earliest for a dismissal after the expiry of five years from the renewed appeal.
(6) the entitlement accounted for long, as soon as an insurance is implemented.

§ 4 the void on long (1) under the conditions of § 59 of the officials supply Act or § § 5 and 53 (1) of the soldier Act of long coverage.
(2) is recognized in disciplinary proceedings on a reduction of the Altersgelds the reduction starts with the calendar month following the nonrepudiation of the decision on admission, at the earliest at the beginning of the payment of the Altersgelds.
(3) a disciplinary hearing is dismissal from the civil service or judicial relationship request already pending, this will continue in the long terms. Article 32 paragraph 2 number 2 of the Federal Disciplinary Act is not applicable.

§ 5 Altersgeldfähige emoluments (1) Altersgeldfähige are remuneration 1 the basic salary, 2 other remuneration, whose pension is determined by law, 3. benefits unless they are pension capable according to article 33, paragraph 1, of the federal pay law.
Reimbursement pursuant to sentence remuneration are 1 number 1 and 2 authoritative, most recently granted to the party entitled to long; they are to multiply by 0,9901.
(2) in the case of part-time employment or leave without remuneration full long enabled remuneration corresponding to the last official; considered long enabled salaries This also applies to limited use because of limited ability of service under section 45 of the federal civil servants Act.
(3) paragraph 3, 5 and 6 of the officials supply Act applies § 5.

§ 6 Altersgeldfähige service (1) Altersgeldfähig is the service time, the officials from the first appointment to the civil servant in the service of a public employer in the civil servant has traveled. Professional soldiers, military service time according to § 2 paragraph 1 sentence 1 of the soldier supply Act is capable of long. Section 6, paragraph 1, sentence 2 and paragraph 2 of the officials supply Act shall apply mutatis mutandis. Times of a part-time are able only to the part of long, which corresponds to the ratio of reduced to regular working hours; This also applies in times of limited use because of limited service ability under section 45 of the federal civil servants Act.
(2) the period of service in the civil servant service time on the judges ratio, 2 are equal to 1 the service time traveled in the public service of an intergovernmental or supranational institution.
The time covered in the public service of an intergovernmental or supranational institution and the time of the suspension of the rights and obligations according to § 25 paragraph 5 of the soldier Act are equal military service time.
(3) times in the professional or non-professional military service in corresponding application of § § 8 considered long capable 1 officials and judges and 9 of the officials supply Act, 2. valid for professional soldiers also according to § 64 paragraph 1 sentence 1 Nos. 1 and 4 of the soldier supply Act.
(4) paragraphs 1 to 3 do not apply to times, which acquired rights to long or long-similar claims or for insurance in the statutory pension insurance or a professional pension institution has been carried out is.
(5) sections 12a, 12B and 13 paragraph 2 sentence 3 of the officials supply Act shall apply mutatis mutandis.

§ 7 height of Altersgelds (1) which is the height of the Altersgelds for each year of long enabled time 1,79375% long enabled salaries, but no more than 71,75%, multiplied by 0,85. § 14 paragraph 1 sentence 2 to 4 of the officials supply Act shall apply mutatis mutandis.
(2) in the cases of § 3 paragraph 3 sentence 2, the height of the Altersgelds is reduced under paragraph 1 to 3.6 percent for each year is paid for that long before the end of the month, in which the party entitled to long reached the age according to § 35 sentence 2 or article 235, paragraph 2, of the sixth book of the social code; the reduction shall not exceed 10.8 percent. § 14 paragraph 1 sentence 2 to 4 of the officials supply Act shall apply mutatis mutandis.
(3) the rest of the entitlement to long ends after section 3, paragraph 3, sentence 2 number 3 or number 4, is multiplied by the height of the Altersgelds until you reach the relevant age at 0.5.
(4) if the pensions according to article 70 of the officials supply Act General increases or decreases, increase or decrease in the underlying the calculation of the Altersgelds long-enabled salaries according to § 5 paragraph 1 accordingly. Lump sum payments are not considered.
(5) the amount of the Altersgelds and of the survivor altersgelds must not be less than the amount of the pension rights which would arise if the long authorized for the period of insurance-free employment in the statutory pension insurance would been assured after. The comparative calculation has to make the point that pays off the long or the survivor's long. The required information catching up they are the competent pension insurance institution of the statutory pension insurance.

§ 8 supplements for child-rearing and care the §§ 50a, 50, 50c paragraph 1 sentence 1 and paragraph 2 to 4 and § 50 d of the officials supply Act shall apply mutatis mutandis. The long takes the place of the pension, long enabled remuneration shall be replaced the pension-eligible salaries, the long enabled time takes the place of the pension-eligible service period and the widow long takes the place of widow money according to article 20, paragraph 1, of the officials supply law according to article 9, paragraph 3.

§ 9 survivors long includes (1) the survivor's long 1 long for the month of death (paragraph 2), 2. widow long (paragraph 3), 3. widow compensation (paragraph 4), 4 orphan long (paragraph 5).
(2) the long authorized death remains the long in the full amount to be paid in the month of death his heirs. § 17 paragraph 2 of the officials supply Act shall apply mutatis mutandis.
(3) an official entitled to long's widow receives widow long. The widow long is 55 percent of the Altersgelds. Article 19, paragraph 1, sentence 2 and article 20, paragraph 2, sentence 1 and 2 and paragraph 3 of the officials supply Act shall apply mutatis mutandis with the proviso that, in article 19, paragraph 1, sentence 2, the date of the initial payment of long under this Act shall number 2 at the point of entrance of the official retirement.
(4) a widow entitled to widow long, who remarries, receives a severance payment in the amount of Vierundzwanzigfachen of the widow altersgelds to be paid her a month of remarriage after application of sections 13 to 15.
(5) the children of a deceased civil servant entitled to long get orphaned long. The orphan long is 12 per cent for orphans for orphans, and 20 percent of the Altersgelds. Article 23, paragraph 2, sentence 1 and section 24, paragraph 2 and 3 of the officials supply Act shall apply mutatis mutandis with the proviso that no orphan's pension is granted children, whose filial relationship to the deceased long authorized by adoption was founded as a child after the first payment of long under this Act.
(6) the entitlement of widows and orphan long arises at the earliest at the end of the long authorized death month.
(7) sections 1a, 25, 28, 52, 61 paragraph 1 and 2, and article 64 of the officials supply Act shall apply mutatis mutandis.

§ 10 fixing and payment of the Altersgelds and of the survivor's altersgelds, recovery, long information (1) are the long enabled remuneration and service time capable of long to set six months after the release. The establishment is subject to future changes in the law.
(2) performance, with the exception of power according to article 9 paragraph 2, is granted on written request.
(3) old-age and survivor's long is granted from the month is entered the request to the competent authority. Applications that are submitted within three months after the occurrence of the conditions of article 3, paragraph 3, sentence 1 or set 2, apply when on the first of the month, in which these requirements were available. In the case of article 3 (4) sentence 2, the payment of Altersgelds is after the respective deadline to apply for.
(4) the age and the survivor's long are to pay the salaries of civil servants of the Federal Government for the same periods. You are at the end of the month, in which the conditions of eligibility are met, and will be paid on the last business day of that month. Long, long of widow and orphan long be paid at the latest until the end of the month in which the person entitled dies.
(5) for the implementation of this law, article 49, paragraph 1, 3 and 5 to 9 as well as the sections 52 and 62 of the officials supply Act shall apply mutatis mutandis.
(6) section 62a of the officials supply Act also applies with the proviso, that the data to convey is, that are required for the presentation of the development of the Altersgelds in the report of the Federal Government pursuant to article 17 of the Act amending the officials supply Act and other service and supply legal rules of 18 December 1989 (Federal Law Gazette I p. 2218), by article 19 paragraph 8 of the law of 29 June 1998 (BGBl. I S. 1666) is changed.
(7) section 49 paragraph 10 of the officials supply Act shall apply mutatis mutandis. The right to information includes the remuneration of relevant for determining the insurance according to section 181 of the sixth book of the social code. The information shall be provided within three months of receipt of the application by the competent authority.

(1) a long person refers to article 11 meeting of long, long of widow or orphan long with earned income or a beneficiary will receive 5 purchase or unearned income (§ 53 paragraph 7 of the officials supply Act), according to article 9 paragraph 3 or paragraph in addition long or survivor's long only up to the maximum limit specified in paragraph 2 is reached. This applies only up to the end of the month in which the party entitled to long reached the age according to § 35 sentence 2 or article 235, paragraph 2, of the sixth book of the social code.
(2) underlying the calculation of the widow altersgelds long enabled remuneration, 2. for orphans sets a ceiling of 1 for widows 40 per cent of the amount referred to in point 1, 3 for long authorized according to § 3 paragraph 3 sentence 2 71,75% long enabled salaries plus an amount of 450 EUR per month plus of twice of this amount within one calendar year.

Minimum pension compared with the Federal entitlement to § 12 meeting of long with minimum pension in addition to a claim for long or entitlement to long rests one of a Federal Board of subject employer.

§ 13 meeting of long and long of survivor's pensions (1) § 55 paragraph 1 to 5 and 8 of the officials supply Act shall apply accordingly subject to the proviso that 1 pension within the meaning of paragraph 1 sentence 2 to the extent shall be disregarded, in which after formation of the entitlement to long after this law; acquired
2. in paragraph 2 sentence 1 number 1 letter a to the point of pension-eligible salaries from the power amplifier of the grade from which the pension is determined, take long enabled remuneration;
3. at the point of referred to in paragraph 2 sentence 1 number 1 (b) to investigating time the time between the completion of the 17th year of life and the termination of substantiating the claim on long service minus the times according to section 12a of the officials supply act occurs;
4. in paragraph 2 sentence 1 number 2 at the point of widow money the widow long and the orphan long shall be replaced of orphan money under this Act;
5. in paragraph 2 sentence 2 in place of the reduction according to § 14 paragraph 3 of the officials supply Act the reduction occurs according to § 7 paragraph 2 of this Act;
set 6 ceiling under application of article 7, paragraph 3 is when the long involved in the Ruhensregelung in appropriate application of that provision has been determined;
7. in paragraph 5 to replace article 53 of § 11 of this act occurs.
(2) paragraph 1 shall not apply if the long legitimate claim to supply after the officials supply Act.

§ 14 meeting of long, long of widow and orphan long with supply from intergovernmental or supranational use
A long -, widow long or orphaned long justified from the use of the long legitimate in the public service of an intergovernmental or supranational institution receives a supply, the old-age and survivor's long rests in corresponding application of § 56 paragraph 1 to 6 of the officials supply law with the proviso that the supply to the extent is ignored where it was acquired after emergence of the entitlement to long after this law; in determining the maximum limit, the period after termination of the service is ignored. Which is is 1 resulting Ruhensbetrag after set to withdraw from the application of sections 11 to 13 remaining long.

§ 15 paragraph 2 of the civil code in force until August 31, 2009 amended or 2 are reduction of the Altersgelds after divorce (1) by decision of the family court of 1 vested in a statutory pension insurance according to article 1587 b rights according to the law on the pension rights adjustment by April 3, 2009 (BGBl. I p. 700) transferred or been justified, of compensation subject person and the widow and orphan long of their relatives after application of Ruhens-after effectiveness of this decision the long , Kürzungs - and credit regulations to paragraph 2 or paragraph 3 calculated amount reduced. Section 57 paragraph 1 sentence 3 of the officials supply Act shall apply mutatis mutandis.
(2) the reduction amount for the long and the survivor's long is calculated by analogy with application of § 57 paragraph 2 and 3 of the officials supply Act. At the point of entry into the retirement time is the reduction of the Altersgelds while according to article 3, paragraph 3, sentence 1 or set 2 (3) or the survivor's altersgelds can be averted by the persons entitled in whole or in part by payment of a capital sum to the employer. § 58 paragraph 2 to 4 of the officials supply Act shall apply mutatis mutandis.

§ 16 supply burden § 107 b of the officials supply Act applies between service gentlemen who are governed by the Federal law accordingly subject to the proviso that 1 the long as recurring power according to section 107 applies paragraph 2 sentence 1 of the officials supply law, the grant date of long is 2nd at the point of entry of the Executive, 3. in place of the pension-eligible service times contact the service hours to be considered as capable of long.

Article 17 evaluation the Federal Government reported the Bundestag until 31 December 2016 on the personnel policy and financial implications of this Act.