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 §§ 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 RETIREMENT.

§ 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

GIESSEN.

A. PROVISIONS FOR THE WIDOWS AND ORPHANS OF TEACHERS AND OFFICIALS.

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 year 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 new 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 orphans' 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 orphans' 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.

Article 7.-The obligation to pay widows' and orphans' contributions shall

cease:

1. With the death of the official or pensioner, with reservation of the provision of article 3;

2. If the official is relieved of service or is separated from the service with retention of a part of his pension.

Article 8.-The widow and the surviving legitimate children or children legitimatized by subsequent marriage of an official obligated at the time of his death to the payment of widows' and orphans' contributions shall receive from the fund of the institute widows' and orphans' pensions under the following provisions:

Article 9.-The widow's pension shall carry 30 per cent of the pension to which the deceased was entitled, or would have been entitled, if he had been retired on the day of his death.

With notaries the widow's pension shall consist of 30 per cent of the amount which would have resulted as pension of the notary on the basis of the average salary of judges of districts and provinces under the provisions of the law of November 27, 1874, concerning the revision of the provisions for the retirement of civil officials if he could have been retired on the day of his death.

With irrevocably appointed officials during the first five years of their appointment, and with officials appointed on revocation, the widow's pension shall carry 30 per cent of the pension which may have been allowed or could have been allowed the deceased if he had been retired on the day of his death under the provisions of the law of November 27, 1874, concerning the revision of the provisions for the retirement of civil officials, respectively of the law of May 10, 1875, concerning the pensioning of officials appointed on revocation.

The widow's pension shall, however, with reservation of the restrictions provided in articles 11 and 13, not carry less than 160 marks nor more than 1,600 marks, and shall with salaries up to 2,500 marks, inclusive, amount to at least one-fifth of the salary, and with higher salaries at least 500 marks.

The pension increments allowed in special cases, under article 21 of the law of April 12, 1820, concerning the public service relations of civil state officials, and under 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' pensions.

Article 10.-The orphans' pensions shall carry :

1. For children whose mother is living and entitled to pension at the time of the death of the official, one-fifth of the widow's pension for each child;

2. For children whose mother is no longer living or at the time of the death of the official not entitled to a widow's pension:

(a) In the presence of one child entitled to payment, two-thirds of the widow's pension;

(b) In the presence of two children entitled to payment, one-half of the same;

(c) In the presence of three or more such children, one-third of the same for each child.

The amount of the annual widows' and orphans' pension shall be rounded off for each claimant as above, so that each amount may be divisible by 12 without remainder of pfennigs.

Article 11.-Widows' and orphans' pensions shall, neither singly nor in the aggregate, exceed the amount of the service pension to which the deceased was entitled or would have been entitled had he been retired on the day of his death. In applying this limitation the widows' and orphans' pensions shall be reduced proportionately.

The aggregate of widows' and orphans' pensions shall never exceed 2,000 marks.

Article 12.-On the elimination of a claimant of widows' or orphans' pension, the pensions of the remaining claimants shall be increased beginning with the month next following, in so far as they are not as yet in full enjoyment of amounts due them under articles 9 and 10.

Article 13.-If the widow was more than twenty years younger than the deceased, and if the latter at the time of his marriage had already passed the fiftieth year of life, the widow's pension computed under article 9 shall be reduced by one-twentieth for each beginning year of the difference of age over twenty and up to thirty, inclusive.

The reductions shall have no influence upon the amounts of orphans' pensions computed under article 9.

Article 14.-The widow shall have no claim if her marriage with the deceased was concluded within three months of his death and was concluded for the purpose of securing for the widow the payment of a widow's pension.

Article 15.-The payment of widows' and orphans' pensions shall begin with the end of the mortuary quarter (Sterbe quartal), and for children born after this time with the day of their birth.

Article 16.-The widows' and orphans' pensions shall be paid monthly in advance. To whom legal payment shall be made shall be determined by our ministry of the interior and of justice, which may transfer the authority for such determination to the commission established for the administration of the Widows' Institute for Civil State Officials, respectively, to the authority (Behörde) to which this was intrusted (article 30).

If several persons alleging title raise contradictory claims to the widows' and orphans' pensions, our ministry of the interior and of justice, or upon its request the established commission, or, respectively, the authority intrusted with the administration of Widows' Institute for Civil State Officials, shall be authorized to refer the contestants to judicial process; but shall be empowered, until the case shall be legally decided, to decide temporarily as to the payment of the widows' and orphans' pensions to one or several of the contestants with the legal effect that by the payments made in accordance therewith the fund shall be relieved of all further responsibility. To the victorious parties there remains therefore, in contingent cases only, reclamation from those who, under the judgment of the court, may have received too much from the fund.

Uncollected installments of the widows' and orphans' pensions shall become superannuated after four years from the day they were due for the benefit ‹f the chief exchequer of state.

Article 17.-Widows' and orphans' pensions can not be legally ceded, mortgaged, or otherwise transferred.

Article 18.-The claim to the payment of widows' and orphans' pensions shall become extinct:

1. For each claimant with the end of the month in which he or she dies or is married;

2. For each orphan, moreover, with the end of the month in which he or she shall complete the eighteenth year of her life.

Article 19.--The title to the payment of widows' and orphans' pensions shall be suspended if the claimant shall lose German citizenship, until its eventual restoration.

Article 20.-The mortuary quarter payments (Sterbe quartal) assigned to the Widows' Institute for Civil Officials under the decree of June 25, 1812, shall continue to be paid to this institute at 25 per cent of the pensionable yearly income or the yearly service pension and from the fund from which the deceased official had to draw his salary or pension.

If the official drew his pensionable salary or pension from different funds, each of these shall pay a proportionate amount.

With notaries the mortuary quarter payment shall be paid from the state fund (Staats Kasse); also with officials whose pensionable income consists wholly or in part of fees, unless under subarticle 2 another fund shall be obligated to such payment wholly or in part.

Article 21. The provisions of this law shall take effect on October 1, 1886. Article 22.-The present law shall not apply to the widows and orphans of state officials who may have died before October 1, 1886.

However, the widows and orphans of such state officials who were members of the Widows' Institute for Civil State Officials, and who died in the period from April 1 to September 30, 1886, either in active service or after retirement within this period, shall be entitled to demand that their widows' and orphans' pensions be computed under the provisions of the present law, provided that they shall present such claim to the commission of the Widows' Institute for Civil State Officials before October 15, 1886.

Article 23.-Those active state officials, as well as those state officials retired in the period from April 1 to September 30, 1886, who became members of the Widows' Institute for Civil Officials before October 1, 1886, either by virtue of the law or by provisional admission, shall be at liberty to continue in their former relation to the institute with retention of their respective pension claims of their widows and orphans and the corresponding yearly contributions and entrance fees. They shall, however, be held to notify the commission of the widows' fund for civil officials of their decision before October

1, 1886, else it shall be assumed that they submit to the provisions of the present law.

Article 24.-All those active state officials, as well as those state officials retired in the period from April 1 to September 30, 1886, who became members of the Widows' Institute for Civil Officials either by virtue of the law or by provisional admission, and who have not availed themselves of the right granted them under article 23, shall suffer deduction of the widows' and orphans' contributions established under articles 4 and 5 beginning with October 1. Subsequent reclamations thereon shall not be considered.

However, the relicts of such officials shall be entitled to draw as much combined widows' and orphans' pension as they would have drawn if the official had remained in his former relation to the institute, if said officials in a declaration to be delivered to the commission of the Widows' Institute for Civil State Officials before October 1, 1886, obligate themselves to continue payment of the higher contributions due under the former relation to the Widows' Institute of Civil Officials until the widows' and orphans' contributions, under articles 4 and 5 of the present law, shall be computed at the same or higher amounts. Article 25.-Those state officials who became members of the Widows' Institute for Civil Officials before April 1, 1886, and who were retired before this time, shall continue in their former relation to the institute, with retention of the pension claims of the widows and orphans and the corresponding contributions connected therewith.

The same shall apply to such members of the Widows' Institute of Civil Officials, respectively, to their relicts, to whom there was granted before October 1, 1886 although they may be separated from the state service-continuance in said institute exceptionally or under article 2 of the law of May 27, 1870, concerning the Widows' Institute of Civil Officials.

Article 26.-Those court officials who became members of the Widows' Institute for Civil Officials before October 1, 1886, whether still in active service or already retired, shall continue in their former relation to the institute with retention of the pension claims of widows and orphans and the corresponding yearly contributions and entrance fees connected therewith.

The court officials obtaining their first appointment on or after October 1, 1886, shall be excluded from admission to the institute.

On the death of a court official remaining in the Widows' Institute for Civil Officials our cabinet fund shall pay the mortuary quarter payment into the fund of the Widows' Institute for Civil Officials in accordance with the provisions heretofore in force.

The pensions of widows and orphans of court officials deceased before October 1, 1886, shall continue to be paid also hereafter by the fund of the Widows' Institute for Civil Officials.

Article 27.-As contribution to the expenses of pensioning the widows and orphans of court officials receiving their first appointment on or after October 1, 1886, the fund of the Widows' Institute for Civil Officials shall pay a fixed, irrecoverable, annual revenue of 8,000 marks in quarterly installments to the bureau or fund to be designated by us.

Article 28.-To the property of the Widows' Institute for Civil Officials shall be assigned that of the sustentation fund of the customs department. The liabilities resting upon this fund shall pass to the Widows' Institute for Civil Officials with its transfer.

Article 29.-The existence of the institute shall be guaranteed by the state under article 49 of the constitutional charter in such a way that the exchequer of the state shall contribute whatsoever the institute can not defray in the fulfillment of its liabilities without trespassing upon its capital, without regard to the gradual use of the entrance fees of the former members of the Widows' Institute for Civil Officials who passed into the new relation under the provisions of this law.

Article 30.-Concerning the administration of the institute the necessary provisions shall be made under decree.

Article 31.-All still existing laws, decrees, and orders concerning the Widows' Institute for Civil Officials which are not modified by the present law shall continue in force.

The provisions of § 30 of the decree of October 2, 1808, concerning the establishment, endowment, and administration of a general civil widows' pensioning institute, shall apply also to the institute to be established for the pensioning of the widows and orphans of future court officials in the form of article 17 of the present law.