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B.-PENSION CONDITIONS OF PROFESSORS AND OFFICIALS, UNIVER
SITIES OF BADEN.
REQUIREMENTS FOR RETIREMENT IN GENERAL.
§ 28. A statutory official (etatmäessig) may be retired if he either1. las completed the twenty-fifth year of life and is hindered in the per
formance of his duties by age; or 2. Has become incapable to perform his duties by a bodily ailment or by
bodily or mental weakness; or 3. Has been kept from the performance of his duties by sickness for more than one year.
RETIREMENT ON REQUEST.
$ 29. An official may be retired on his request if it shall be established by a formal declaration of the immediately superior service authority that one of the requirements designated in $ 28, Nos. 1 to 3, exists.
To what extent other additional evidence shall be required or considered suffcient in opposition to the declaration of the immediately superior authority shall depend on the judgment of the authority which has the decision concerning the retirement.
RETIREMENT WITHOUT REQUEST.
30. The retirement of an official who has completed the twenty-fifth year of life may be ordered also without his request, under the provisions of $ 29, after the official has been granted opportunity to make his plea.
8 31. If the retirement of an official who has not as yet completed the twentyfifth year of life seems indicated for one of the reasons stated under $ 28, Nos. 2 and 3, the official shall be notified, if he fails to make request, by the superior service authority with statement of the reasons that his retirement is being considered.
If the official makes no objection within six weeks after such notification matters shall proceed as if he had requested retirement.
If objections are raised against retirement or if the official can not be notified the respectively competent ministry shall decide whether the proceedings shall continue, and shall eventually order an official to investigate the facts under contention as far as possible with examination under oath of witnesses and experts.
The official concerning whom the proceedings have been instituted may be present at these examinations and shall be heard after their close as to the outcome of the investigation.
The closed [final?] papers shall be submitted for decision to the competent authority which eventually may order a supplementary investigation.
CLAIM TO RETIREMENT PAY.
$ 34. A statutory official who is retired after a service period (compare $ 37 ff) of at least ten years shall, in so far as this measure was not due to an affliction caused by his own gross fault, have claim to retirement pay for life under the following provisions :
Even in cases of a service period of less than ten years a claim to retirement pay shall hold if the retirement was ordered either
1. Under $$ 32 and 33; or 2. In consequence of some sickness, wound, or other injury which the official
evidently contracted in the performance of his duty or on occasion thereof without fault of his own.
benefits, the mortuary payment is still to be made if the inability to earn a living had continued until death and death had taken place in consequence of the same sickness within a year after the expiration of the sick benefits.
The portion of the mortuary payment required for defraying the expenses of burial is paid to the person in charge of the burial. An eventual excess is payable to the surviving husband or wife, in the absence of such to the nearest heirs. Should there be no such persons, the excess reverts to the fund.
AMOUNT OF RETIREMENT PAY IN GENERAL.
§ 35. The retirement pay shall carry, if the retirement takes place after the completed tenth and before the completed eleventh year of service, 30 per cent of the amount which inmediatly before his retirement represented the estimate of income (818) of the official, and shall be increased after that with each additional year of service by 11 per cent of that sum.
In the case designated in § 34, subparagraph 2, No. 2, the retirement pay shall carry 30 per cent of tbe determining estimate of income.
The retirement pay shall not exceed 75 per cent of the estimate of income and 7,500 marks.
If the retired official has claim to retirement pay (Wartegeld), and the like against the Empire, some other State, some commune or church, due to some previous condition of service, the amount of this latter retireinent pay (Wartegeld), and the like, shall be subtracted from the retirement pay determined under the above provisions, [and] the official shall have claim only to the remaining amount.
CREDIT FOR A PREVIOUSLY DRAWN HIGHER SERVICE INCOME.
$ 42. If an official who held for at least one year an office with higher estimate of income has been transferred later on to another office with a smaller estimate of income, his retirement pay in case of retirement shall be determined on the basis of that higher estimate of income, with the restriction, however, that the retirement pay shall not exceed the amount of the determining estimate of income of the official immediately before his retirement.
The claim to the use of the higher estimate of income as basis does not exist if-1. The office to which the official was appointed with reduction of the esti
mate of income does not require his entire time and energy; or if 2. The appointment to the office connected with a smaller estimate of income
was made in consequence of a violation of the duties incumbent on the official or wholly at the request of the official made in his own interest.
CONSIDERATION OF THE FORMER OCCUPANCY OF A STATUTORY OFFICE,
$ 43. If an official who has earned in a statutory position a legal claim to retirement pay in the event of retirement is transferred to a nonstatutory position and later on is separated from the service for one of the reasons given in $ 28, Nos. 1 to 3, be shall have claim to retirement pay computed on the basis of the last estimate of income of the statutory position and the time of service elapsed up to his transfer.
In the presence of weighty reasons the later time of service may, however, also be credited to him wholly or in part.
No claim exists if the transfer to the nonstatutory position has been made under one of the provisions indicated in 42, subparagraph 2.
EXCEPTIONAL INCREASE OF THE RETIREMENT PAY.
$ 44. By sovereign decree an exceptional increase of the statutory retirement pay may be granted up to the amount of the last determining estimate of income, if the official has deserved exceptionally well of the sovereign of the Fatherland by prominent services.
OPTIONAL ALLOWANCE OF RETIREMENT PAY.
§ 45. If a statutory official who has no claim to retirement pay is retired under $ 28, he may be granted revocable retirement pay to the amount of 30 per cent of the last determining estimate of income, in accordance with existing pecessities in his personal circumstances.
ALLOWANCE OF BENEFIT PAY (UNTERSTUETZUNGSGEHALT).
$ 46. If a nonstatutory official, whose office has claimed his whole time and energy, is separated from the service of the state because of incapacitation for service for no fault of his, he may be granted, in the measure of existing neces
sities in his personal circumstances, revocable benefit payments up to the amount determined through appropriate application of the statutory provisious concerning the amount of retirement pay.
Benefit payments shall not exceed, however, 40 per cent of the amount which results from appropriate application of the respective provisions as the last determining estimate of income.
BEGINNING OF THE PAYMENTS OF RETIREMENT PAY.
$ 47. Payments of retirement pay shall be made to the official beginning with the time when his previous service income shall cease. Even if the retired official is relieved of his official duties at an earlier time, he shall continue to draw his service income for an additional month after the lapse of the month in which he has been notified of the decision as to his retirement. Variable pay. ments and payments in kind are excepted from this in so far as their receipt is conditional on actual service.
An earlier time for the cessation of the payment of the previous service income can be established only with the consent of the official; a later time, however, in the order concerning the retirement.
ROUNDING OFF (ABRUNDUNG).
§ 48. If in the computation of the retirement or benefit pay there result fractional parts of a mark, these are to be counted as a full mark.
REAPPOINTMENT OF RETIRED OFFICIALS.
$ 49. An official in temporary retirement under $ 32 or $ 33 is under obligation again to accept office on request of the competent authority, in so far as there exist the conditions under which the official in accordance with $ 5 can be transferred without his consent from the office held immediately before his retire. ment to the office offered him.
This applies also to the officials retired under $ 28, Nos. 2 and 3, in so far as they may again have become fit for service.
The official is under obligation to enter upon the appointment offered to him within three months from the day on which he was notified of his reappointment.
EXTINCTION OF THE RETIREMENT PAY.
8 50. The claim to retirement pay ceases when the claimant1. Is separated from the service of the state in consequence of a criminal or
disciplinary judgment; or 2. Enters again upon a statutory appointment in the home service; or 3. Declines acceptance of an appointment offered him under $ 49.
SUSPENSION OF RETIREMENT PAY.
$ 51. The claim to retirement pay shall be suspended : 1. If the claimant takes up his residence without the approval of the gor
ernment beyond the limits of the imperial realm until his return,
respectively, until subsequent approval; or 2. If he loses imperial citizenship, until its eventual recovery; or 3. As long as he -except in the case under $ 50, No. 2—draws a salary or
retirement pay (Wartegeld) from employment in the home state service or in other public service (viz, in the service of another state, of the empire, of a church, a commune, or other communal organization), or in the service of the court or court administration, in so far as the amount of such income added to the formerly earned retirement pay shall exceed hy more than 10 per cent the amount of the estimate of income used as a basis in computing the amount of
this retirement pay: or 4. If he exercises the functions of an attorneyship, and this, after the expi
ration of two years from his registration as attorney, to the extinc
tion of this registration. The effect designated in No. 3 applies only to the employment in such activity as is usually assigned to other officials.
TIME FOR THE BEGINNING OF THE EXTINCTION OF THE SUSPENSION AND OF THE
RESTORATION OF RETIREMENT PAY.
$ 52. The extinction, the suspension, and the restoration of the retirement pay in the cases under $8 50 and 51 shall begin with the month which succeeds the event that brought up such change.
In the case of $ 50, No. 1, the claim to retirement pay is extinguished as soon as the criminal or disciplinary judgment shall have taken effect.
The suspension shall not take place in the cases of $ 51, No. 3, if this measure is not to be ordered in accordance with the first subparagraph for a period of at least three successive months.
AUTHORITY FOR TRANSFER TO RETIREMENI.
$ 53. The tranfer to retirement with reference to officials appointed by order of the sovereign shall be made by the sovereign; in other cases by the respective ministry.
AUTHORITY FOR GRANTING RETIREMENT AND BENEFIT PAY. $ 54. In so far as the respective order is not by law or decree reserved for the sovereign, the order as to whether and in what amount retirement or benefit pay shall be granted to an official, and whether the conditions for their extinction, suspension, or restoration exist, shall issue from the respective ministry in connection with the ministry of finance.
VII. THE GRAND DUCAL HESSIAN LUDEWIG UNIVERSITY OF
A.-PROVISIONS FOR THE WIDOWS AND ORI
ANS OF TEACHERS
The widows and orphans of the teachers and officials employed at the Grand Ducal Ludewig University of Giessen take part in the first place in the General
Widows Institute for Civil Officials of the Grand Duchy of Hesse. Under the • law of June 30, 1886, applying thereto (Government Annual (Regierungsblatt) of 1886, No. 15, pp. 95 ff.), all teachers and officials employed at the university are obligatory members of said institute. The annual contributions amount to 3 per cent of the service income entitling to pension or of the service pension ; the amount exceeding the annual sum of 5,400 marks of a service pension pays no contribution.
For widows the yearly pension amounts to 30 per cent of the service pension earned at his death by her husband-at least, however, 160 marks, and at most 1.600 marks. With salaries of more than 2,500 marks, the widow's pension is fixed at a minimum of 500 marks.
Half-orphans receive one-fifth of the widow's pension each. A full orphan receives two-thirds, two full orphans one-half each, three or more one-third each, of the widow's pension. Widows' and orphans' pensions in the aggregate may not, however, ever exceed 2,400 marks. After the completed eighteenth rear the claim to orphans' pension is extinguished.
Law of June 30, 1886, concerning the Widows’ Institute for Civil Officials.
Article 1.-Entitled and obligated to membership in the Widows' Institute for Civil Officials, under the provisions of this law, are all irrevocably and all revocably appointed state officials, respectively employees; the officials of the state forestry, however, only if their accession to the Widows’ Institute for State Officials shall have been made by declaration of the Widows’ Institute of Forestry Officials representing them, on or before August 1, 1886. This declaration may be delivered by each of the two divisions of Widows' Institute for Forestry Officials separately, and shall entail the accession of all the members of the respective divisions, as well as the transfer of the entire properties belonging to the division to the Widows' Institute for Civil Officials.
In so far as the present law contains provisions that refer to the previous mem
bership and to the previous relation of the civil officials, respectively, employees to the widows' fund for civil officials, these shall apply equally to the previous membership and the previous relations of the officials of the state forestry to the Widows' Institute of the Officials of the State Forestry of the first and second divisions, in case of the accession of the state forestry officials to said institute, in so far as different relations have not been expressly stipulated.
Article 2.--The members of the Widows' Institute of Civil State Officials are under obligation to pay widows' and orphans' contributions into the fund of the institute.
Article 3.— Widows' and orphans' contributions shall also be paid for the mortuary quarter payment due to the relicts of a member of the Widows' Institute for Civil Officials, under the law of November 27, 1874, concerning the mortuary quarter payments of civil officials, the law of November 27, 1874, concerning the revision of the provisions relating to the retirement of civil officials, and the law of May 10, 1875, concerning the pensioning of officials appointed on revocation.
Article 4.-The widows' and orphans' contributions shall amount annually to 3 per cent of the service income subject to pension or of the service pension, provided that the amount of this pension in excess of the yearly sum of 5,400 marks shall not pay contribution.
Similarly the pension increments allowed in special cases, under article 21 of the law of April 12, 1820, concerning the official service relations of civil state officials, and article 3 of the law of May 10, 1875, concerning the pensioning of officials appointed on revocation, shall not be considered in the computation of widows' and orphans' contributions.
For officials whose income consists of fees, the income fixed as basis in the computation of their service pensions shall serve as basis in computing their widows' and orphans' contributions. With notaries this basis shall be an income corresponding with the average salary of the judges of districts and provinces (Amts- u. Landrichter).
The annual contributions thus computed shall be rounded off, so that they may be divisible by 12 without a remainder in pfennigs.
Article 5.—The previous (seitherigen) members of the Widows' Institute for Civil State Officials, who, under the provisions of this law, shall enter into the l!ew relation, shall be credited with the paid entrance fee in such a way that with members
(1) Of the first class drawing up to 8,500 marks of pensionable salary, (2) Of the second class drawing up to 6,400 marks of pensionable salary, (3) Of the third class drawing up to 4,200 marks of pensionable salary, (4) Of the fourth class drawing up to 3,400 marks of pensionable salary, (5) Of the fifth class drawing up to 2,500 marks of pensionable salary, (6) Of the sixth class drawing up to 2,100 marks of pensionable salary, (7) Of the seventh class drawing up to 1,700 marks of pensionable salary, (8) Of the eighth class drawing up to 1,200 marks of pensionable salary,
(9) Of the ninth class drawing up to 800 marks of pensionable salary, the widows' and orjhans' contributions shall be computed at 2 per cent, and only the portion of pensionable salary in excess of these amounts at 3 per cent.
The provisions of this article shall apply to the state forestry officials in case of their accession to the Widows' Institute of Civil State Officials, with the proviso that for the previous members of the first class of the first division of the Widows' Institute of Forestry Officials drawing up to 4.600 marks of pensionable salary, for the previous members of the second class of the first division drawing up to 3,400 marks of pensionable salary, and for the previous members of the second division of the Widows' Institute for Forestry Officials drawing up to 800 marks of pensionable salary, the widows' and orphans' contributions shall be computed at 2 per cent, and only for the portion of pensionable salary exceeding these amounts at 3 per cent.
Paid entrance fees shall not be returned on separation from the Widows and Orphans' Institute for Civil State Officials of members that have passed into the new relation.
Article 6.—The widows' and orphansi contributions shall be collected in advance in those installments in which service income or pensions are payable, by retention of the corresponding installments of these amounts and their payment into the fund of the institute; from notaries and officials appointed on fees, however, in quarterly payments.