Imagens das páginas

Per cent.


After the completed twenty-third but before the completed twenty-fourth year of service..

46 After the completed twenty-fourth but before the completed twenty-fifth year of service...

48 After the completed twenty-fifth but before the completed twenty-sixth year of service..

51 After the completed twenty-sixth but before the completed twenty-seventh

year of service After the completed twenty-seventh but before the completed twenty-eighth year of service...

57 After the completed twenty-eighth but before the completed twenty-ninth year of service..

60 After the completed twenty-ninth but before the completed thirtieth year

of service After the completed thirtieth but before the completed thirty-first year of service

66 After the completed thirty-first but before the completed thirty-second year of service

69 After the completed thirty-second but before the completed thirty-third year of service

71 After the completed thirty-third but before the completed thirty-fourth year of service...

73 After the completed thirty-fourth but before the completed thirty-fifth year of service

76 After the completed thirty-fifth but before the completed thirty-sixth year of service

75 After the completed thirty-sixth but before the completed thirty-seventh year of service.

77 After the completed thirty-seventh but before the completed thirty-eighth year of service...

78 After the completed thirty-eighth but before the completed thirty-ninth year of service..

79 After the completed thirty-ninth but before the completed fortieth year of service and over

80 In the event of proved gross fault in the performance of service the discharged person, unless he or she shall have completed the fortieth year of service or the sixty-fifth year of life, shall be allowed only one-half the pension otherwise due.

With regard to the computation of time of service and the enjoyment of the pension in foreign parts, $$ 43, 44, and 45 of the law of June 3, 1876, shall, respectively, apply.

$ 13. The claim to pension becomes extinct for the official or servant still in service if he or she 1. Is discharged or resigns voluntarily before having acquired title to

pension ; 2. Has been sentenced by legally valid judgment to at least three months

of imprisonment or has been declared to be subject to police super

vision. 8 14. A pensioner loses claim to pension1. By expressed or tacit renunciation (as such shall be regarded also perma

nent failure to collect the pension for three years) ; 2. By acceptance of some other appointment with fixed salary (in this

event, however, only to the extent of the sum derived from such

appointment); 3. By refusal to accept a new appointment, corresponding with his former

occupation, in the university, one of its faculties, or one of its institutions, provided the pensioner has again become able for service before completion of the sixty-fifth year of life, and provided the new posi

tion affords the same salary as the former one; 4. By legally valid sentence, as indicated in $ 13, No. 2. § 15. The widow and the surviving children of officials and servants designated in 8 7 shall have claim to pension even if the deceased at the time of his death was not yet pensioned or entitled to pension.

§ 16. The annual pension of a widow shall carry one-tifth of the service

income drawn by her husband at the time of his death or at the time of his being pensioned.

Each child shall receive, if and as long as the mother draws pension, onefifth, and if she is not entitled to pension ($ 18, under 1 a and 2) or has ceased to draw pension ($ 19, 1 a, b, c, and 2), three-tenths of the widow's pension. If there are children of the officer or servant from more than one marriage, the children from the earlier marriage shall receive three-tenths, even if the stepmother, too, draws pension.

To these pensions, too, the provision of g 45 of the law of June 1876, shall upply.

$ 17. Enjoyment of the pensions of widows and orphans shall begin with the nd of the month in which the death of the official or servant took place.

With reference to the payment of pensions and to the forfeiture of uncollected installments, $ 8 shall apply.

$ 18. The relicts shall receive an pension support. 1. With widows and children(a) Because of unworthiness of the relicts, if they themselves have been

legally sentenced to one of the penalties designated in § 13, under No. 2, or to imprisonment, under $ 301, No. 6, of the Imperial Code of

Penal Laws. (6) If the marriage from which the relicts derive their claim has been con

cluded by the official or servant after completion of the sixtieth year of life with a woman more than thirty years his junior, or if it was concluded only during the last sickness of the official or servant or

after his being pensioned. 2. With widows, if at the time of the death of the official or servant the decree of divorce or the annulment of the marriage had been issued. 3. With children: (a) If they were begotten out of marriage, unless they were legitimized by

subsequent marriage, but not by marriage concluded during the last

sickness of the official or servant. (6) If they are derived from a marriage concluded by the official or

servant after his being pensioned. (c) If, at the time of the death of the official or servant, they have already

completed the eighteenth year of life, or (d) Are already married at this time. $ 19. The claim to peaasion of relicts shall cease: 1. With widows and children(a) On account of unworthiness of the person entitled to pension; if he

(or she) has been legally sentenced to one of the penalties indicated in | 13 under No. 2, or to imprisonment under $ 361, No. 6, of the

Imperial Code of Penal Laws. (6) In consequence of expressed or tacit renunciation, with regard to which

the provision of $ 14, under No. 1, shall apply. (c) With the end of the month in which the person entitled to pension shall

die. 2. With widows, if they marry again, in which case the divorce or annulment of the other marriage shall furnish no claim to return into the enjoyment of pension. 3. With children.

(a) With the completed eighteenth year of life.

(b) With marriage on part of daughters. $ 20. All admissible amendments of these statutes, whether they require legal approval or not, shall be obligatory at once for all participants of the pension fund from the day on which they shall acquire legal effect. $ 21. The revised statutes : 1. Shall not apply to the subofficials and servants who were already pen

sioned before April 1, 1892. 2. Sball apply to the widows and orphans whose pension claims had already

been acquired before April 1, 1892.

a Paragragh 361, No. 6, of the Imperial Code of Penal Laws, is as follows:

“ With imprisonment shall be punished: (b) A female who on account of professional prostitution has been placed under police supervision, if she acts in violation of the police regulations decreed in behalf of health, public order, and public decency, or who carries on professional prostitution without being placed under such police supervision."

$ 21. The revised suatutes--Continued. 3. Shall apply to the subofficials and servants who shall be members of the

fund on April 1, 1892, and to their future widows and orphans, if those members of the fund shall have resigned for themselves and their relatives the rights acquired under the previous statutes on or before April 15, 1892. If such resignation is not made or not delivered at the proper time the previous statutes shall apply to their pensions and to the pensions of their relatives.


The revised statutes shall take effect on April 1, 1892. [From Gesetz- und Verordnungsblatt (Law and Regulation Annual) for the Kingdom of

Saxony, Dresden, 1876, pp. 247-50.) $ 38. The annual pension to which a state official may lay claim shall be computed in accordance with the service income which he actually drew during a year before the time of his pensioning, to be determined under $ 10 of the law of March 7, 1835 (p. 169 ff of the Law and Regulation Annual of 1835).

The annual pension shall carry : After completed tenth, but before completed fifteenth, year of service, 30 per cent; after completed fifteenth, but before completed sixteenth, year of service, 31 per cent (for remainder see pp. 205--6 of this translation) of the service income determined under the above provision.

If the service income of a state official to be considered in the computation of the pension exceeds 12,000 marks, only one-half of the excess shall be considered in the computation.

$ 39. On account of unfortunate accidents suffered in the service, or if the amount of pension does not exceed 2,000 marks, in existing urgent necessity an increase of the statutory pension may take place. This increase, however, shall not exceed eight one-hundredths of the service income on which the pension was computed.

$ 40. The completed first day of the last service-pension month furnishes to the heirs and creditors of the pensioned state official claim to the entire monthly amount.

$ 41. The service pension shall be extinguished or suspended in so far as the pensioner, through some other appointment in the public service or by accepting a position in the executive board, the board of managers, or directors of an association for profit, shall acquire an income or a new pension which, together with his first pension, shall exceed his previous service income.

§ 42. Pensioned fornier state officials shall be subject to the statutory contributions to the state pension fund only as long as they may have pensionable wives or children.

$ 43. If the beginning of the time of service is not stated in the decree of appointment, it shall as a rule be counted from the day on which the state official was first obligated in a position expressly connected with state service, unless special circumstances, e. g., delay of the act of obligation without his fault, shall justify an exception.

The first two years of service, during which the appointment was only revocable, shall be added to the time of service.

$ 44. In fixing the time of service, the time may be brought into the computation during which the respective state official was engaged in some practical occupation which by custom or express regulation served as preparation for an office in the state service, or during which he held a public office not to be treated under & 1 of the law of March 7, 1835, including that of an attorney and of a notary. Such additions assume, however, in so far as the combined ministry (Gesamt Alinisterium) has not expressly granted an exception, the subsequent payment of the annual contributions to the pension fund of the state prescribed in $ 47 of the law of March 7, 1835.

The deductions in question shall be computed in accordance with the amount of the fixed income of the respective state official during the time to be credited, but in default of this in accordance with the first regular service income.

In appointments in the state service, the appointing authority may make provision in advance as to the computation of the time of service of the appointee.

$ 45. Whosoever in future makes his principal residence in foreign parts shall suffer, if the pension accorded to him exceeds 600 marks, a deduction of 10 per cent, unless he has been permitted as a favor the full enjoyment of the pension in foreign parts or there exists a special treaty with the respective foreign

government concerning the right of emigration with regard to the consumption of a pension in foreign parts.

By foreign parts there are to be understood here, as in 88 19 and 36 of the law of March 7, 1835, all states not belonging to the German Empire.

$ 46. State officials appointed before October 15, 1848, shall retain the eventually more favorable pension claims due them under the law of March 7, 1835, with reference to part of their service income already drawn up to this time.

The pensions of officials who, at the time of the promulgation of the present law, are already pensioned shall suffer no change thereby.

$ 47. If a pensioned former state official has been sentenced to imprisonment on account of a crime comunitted before or after his being pensioned, or on account of a previous or subsequent misdemeanor for which he can be sentenced to loss of the right to hold public office or under the provisions of $ 32, subpar. 1, of the Imperial Code of Penal Law, to loss of civil rights of honor, he can be deprived of his pension.

The sentence of loss of pension shall proceed froin the disciplinary court (Disziplinargericht) and shall result for the sentenced individual in the loss of the title and rank which may have been left to him when he was pensioned. The proceeding is prescribed in $$ 20 to 30.

In case of conviction the provisions of g 35, subpar. 2, shall respectively apply.

The withdrawal of title and rank may be decreed against a pensioner by the ministry under which he was last employed, before being pensioned in every case, if the pensioner in his conduct shows bimself unworthy of public esteem.

Before such decree the pensioner shall be given opportunity to present whatever may serve his justification or excuse.

Against the decree of the respective ministry appeal may be made to the joint ministry (Gesamt Ministerium).

$ 48. In the absence of the relicts designated in § 40 of the law of March 7, 1835, the gratuity (Gnadengenuss) may be granted also if the deceased leaves in destitution legitimate progeny of the second or more remote degrees, parents, : brothers or sisters, nephews or nieces, or foster children whose provider he was, or if his estate is not sufficient to pay the expenses of the last sickness or of the burial.

$ 49. To whom payment of the gratuity shall be made shall be determined in each individual case by the respective superior official authority.

The gratuity can not become subject to attachment.
Given at Dresden on June 3, 1876.




The pensioning of the widows and orphans of teachers and officials at the two universities, Heidelberg and Freiburg in Baden, is regulated by the law for officials of July 24, 1888, which applies to all officials of the Grand Duchy of Baden (Jl. of Laws and Regulations (Gesetz- u. Verordnungsblatt), 1888, No. XXXIV).

Under this each widow of a regularly appointed official and also the widow of each regular teacher or official of the universities of Heidelberg and Freiburg in Baden, who has earned a claim to service pension or has died in consequence of some disease, wound, or other injury contracted in the exercise of or occasioned by his service without any fault of his, receives a pension of 30 per cent of the determining estimate of income of her deceased husband. The statutory orphan's pension carries : (a) For children whose mother is living and entitled to the payment of

widow's pension at the time of the death of the teacher or official of

the university, two-tenths of the widow's pension for each child; (0) For children whose mother is no longer living or who was not entitled

to the payment of a widow's pension at the time of the death of the official: If there is only one such child, four-tenths; if there are two such children, seven-tenths; if there are three or more such children, for each of them three-tenths of the widow's pension.

ED 1904 M-14

Under certain conditions the statutory pension amounts are paid also to the relicts of a teacher or official deceased in a nonstatutory position or retired therefrom with service pension.

In return for these pension claims of their relicts the teachers and officials of the universities, as well as all other State officials, have to pay, as a rule, into the widows' fund of the officials 3 per cent of the determining estimate of their income, respectively, of their service pension (Ruhegehalt).

The detailed provisions concerning the pensions of relicts are contained in the fifth and sixth sections of the above-mentioned law of July 24, 1888, of which 88 55 to 88, referring to this, are as follows:

Fifth section: Pensions of relicts.


$ 55. Claim to pension at death in general.--The relicts of a regular official shall receive as Sterbegehalt for the three months succeeding the day of death the full amount of salary and rent money drawn by the official and of the supplementary salary eventually allowed for the chief service.

From variable incomes and incomes in kind, a Sterbegehalt shall be granted only if the function has occupied the whole time and energy of the official and only in so far as such allowances are included in the estimate of income ($ 18). If the official enjoyed free residence, the Sterbegehalt shall be paid from the item of rent money of the respective local fund.

The relicts of an official who at the time of his death drew service pension shall receive as Sterbegehalt the amount of the service pension for three months.

$ 56. Relicts entitled and competent to draw pensions.--As relicts in the sense of the preceding paragraph shall be considered the widow and the legitimate children of the official. · In the absence of relicts entitled to claims, the Sterbegehalt may be granted wholly or in part, nevertheless, if the deceased has left in destitution parents, grandparents, brothers or sisters, nephews or nieces, adopted children, stepchildren, or foster children whose provider he was, or if the estate is not sufficient to meet the expenses of the last sickness and burial.

$ 57. Optional Sterbegehalt.---The relatives of a nonstatutory official, as designated in $ 56, subparagraph 1, whose function shall have required his entire time and energy, may be granted a Sterbegehalt of one monthly installment of the service income, service pension, or gratuity pension of the official at their request, if the conditions under subparagraph 2 of $ 56 exist.

$ 58. Decision as to the granting of Sterbegehalt.--As to the question to whom the payment of the Sterbegehalt can be legally paid and how it shall be divided among several persons entitled to payment or respective participants under $ 56, subparagraph 2, and $ 57, the order of the respectively competent ministry shall decide with exclusion of recourse to law.


$ 59. The claims of the relicts to pension.--The relicts of a statutory official shall receive in the event of the death of the official after this law shall take effect, pensions—widows' pensions, orphans' pensions (Wittuengeld, Waisengeld)-in accordauce with the following provisions :

$ 60. Persons entitled to claim 8.--As relicts in the sense of the preceding paragraph shall be considered the widow, as long as she is not married, and the legitimate unmarried children of the official until the completed eighteenth year of life.

The widow and the surviving children of an official from a marriage con

a $ 18 of the law of July 24 is as follows:

For the determination of service pensions, gratuity pensions, and widow's' pensions, as well as of the contributions to the widows' fund by statutory officials, the estimate of income shall serve as basis.

The estimate of income shall be composed, as to the kind of payments due the officials, us follows:

1. The amount of salary allowed the official ($ 17, No. 1).
2. The estimated amount of rent money (Wohnungsgeld) $ 17, No. 1, and $ 24.
3. The regulated estimate of value for variable payments ($ 17, No. 4.)
4. The regulated estimate of value of payments in kind ($ 17, No. 5).

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