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 § 45 of the law of June 3, 1876, shall apply.

$ 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 no 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 § 361, No. 6, of the Imperial Code of Penal Laws.a (b) If the marriage from which the relicts derive their claim has been concluded 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.

(b) 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 peasion 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.

(b) 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 pensioned before April 1, 1892.

2. Shall apply to the widows and orphans whose pension claims had already been acquired before April 1, 1892.

Paragraqh 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 statutes--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.

CONCLUDING PROVISION.

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. 247-250.]

§ 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 former 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 Ministerium) 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 §§ 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 committed 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 from 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 § 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 himself 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.

VI. THE UNIVERSITIES OF THE GRAND DUCHY OF BADEN. A. PENSIONING THE WIDOWS AND ORPHANS OF TEACHERS AND OFFICIALS.

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; (b) 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 §§ 55 to 88, referring to this, are as follows:

Fifth section: Pensions of relicts.

I. PENSION AT DEATH (Sterbegehalt).

§ 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).a 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.

II. RELICTS' PENSIONS.

§ 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 (Wittwengeld, Waisengeld)-in accordance with the following provisions:

§ 60. Persons entitled to claims.--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 widows' 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).

cluded after his retirement shall have no claim to pension, except in case of temporary retirement (§§ 32 and 33).o

The widow shall have no claim to widow's pension, if her marriage with the deceased was concluded at a time when his life was in serious danger from sickness, in so far as death ensued within three months after the conclusion of marriage.

§ 61. The statutory widow's pension.-Claim to the statutory widow's pension shall be held by the widow, if the statutory official died after earning a claim to retirement pension or in consequence of one of the causes indicated under § 34, subparagraph 2, No. 2.

The statutory widow's pension shall carry 30 per cent of the determining estimate of income (§ 18).

In the cases of §§ 63, 67, and 76, subparagraph 2, the estimate of the income shall decide which had been assumed until the death as a basis for the payment of the contribution to the widows' fund; in all other cases the regular estimate of all service payments which the official drew immediately before his death, respectively, before his retirement.

The amount of the estimate exceeding 10,000 marks shall in all cases be omitted from computation.

§ 62. The statutory orphan's pension.-Children shall have claim to the statutory orphan's pension under the provisions of § 61, subparagraph 1.

The statutory orphan's pension shall carry:

(a) For children whose mother is still living and entitled to a widow's pension at the time of the official's death-two-tenths of the widow's pension for each child.

(b) For children whose mother is no longer living or not entitled to the payment of a widow's pension at the time of the official's deathif only one such child existed, four-tenths; if two such children existed, seven-tenths; if three or more such children existed, for each of them three-tenths of the widow's pension.

§ 63. Exceptional claim of the relicts of a nonstatutory official to the statutory pension. The relicts of an official who died in nonstatutory (nicht etatsmässig) position or had been retired from such position with retirement pension, shall have claim to the lawful pension, if the official under the provisions of § 43,6 giving title to retirement pension has been transferred from a statutory position formerly occupied by him to the nonstatutory position, and has continued payment of the contribution to the widow's fund under § 73 until his death.

The claim shall not be valid for relicts derived from a marriage concluded after the transfer to the nonstatutory position.

§ 64. Reduction of the pension.-The total amount of the widow's and orphans' pension shall not exceed the retirement pension to the payment of which the official was entitled on the day of his death, respectively, would have been entitled under § 34, subparagraph 2, No. 2, in case of retirement.

§§ 32 and 33 of the law of July 24, 1888, are as follows:

$32. The members of the highest state authority shall be competent at any time to be placed into temporary retirement and to request temporary retirement, even in the absence of the provisions of § 28, and without recourse to the proceedings indicated in §§ 29 to 31.

§33. Statutory officials for whose employment in the public service there shall be no further occasion in consequence of some change in the organization of the authorities or their departments, furthermore for other solid reasons the diplomatic representatives, the directors and members of the ministries, the directors of the central-middle offices (central mittelstellen), the first state attorney (oberstaatsanwalt), and the officers of grand ducal privy council may be placed under temporary retirement, even in the absence of the provisions of § 28, and without recourse to the proceedings indicated in §§ 29 to 31." $43 of the law of July 24, 1888, is as follows:

"If an official, who has earned in a statutory position a legal claim to retirement pension in case of his retirement, is transferred to a nonstatutory (nicht etatsmässig) position, and later on is relieved, for one of the reasons given under § 28, Nos. 1 to 3, he shall have claim to a retirement pension computed on the basis of the last estimate of income of the statutory position and the time of service up to the time of such transfer."

For weighty reasons, however, he may be credited in the computation with the later time of service, wholly or in part.

There shall be no claim, if the transfer to the nonstatutory position has been made under one of the provisions of § 42, subparagraph 2.

$34 of the law of July 24, 1888, is as follows:

A statutory official, who may be retired after a time of service of at least ten years (comp. 37 ff.), shall have claim to retirement pension for life under the following provisions, in so far as this retirement [was not caused?] by an affliction due to his own gross fault.

Even with a time of service of less than ten years, there shall be claim to retirement pension, if the retirement was made:

"1. Under §§ 32 and 33, or

2. On account of some disease, wound, or other injury, clearly brought upon the official in the exercise of his service' or in consequence thereof without fault of his own."