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p. 268) and the amendments of March 31, 1882 (G. S. 1882, p. 133) and of April 30, 1884 (G. S. 1884, p. 126).
If retirement ensues after the completed tenth year of service, but before the completed eleventh year, the service pension amounts to fifteen-sixtieths of the service income and is increased by one-sixtieth each successive year, however, not to exceed forty-five sixtieths. If the service pension is paid before completion of the tenth year of service, it amounts to fifteen-sixtieths, and, unless there is a legal pension claim, to at most fifteen-sixtieths (§8, amendment of March 13, 1882). In computing the service pension the last service income, exclusive of dividends, gratifications, etc., is taken as a basis-and in this, payments in kind in their average, the rental in an average of all the service classes, and of a service income in excess of 4,000 marks, only one-half ($10). The time of service, in so far as the official has not furnished previous service, is computed from the taking of the official oath (§13). Even the period of being at disposal for appointment, the mere preparatory service, and active military service are included, but time of service before the twentyfirst year of life only if it was military service in time of war (§§14 to 16). For each campaign in which the official actually met the enemy or followed mobilized troops into the field one year is added (§17). The addition of the period of imprisonment in a fortress for one year or longer and of detention as prisoner of war can take place only under particular circumstances and with royal approval ($18). With royal approval, too, there may be further admitted the service as attorney or notary, in church or school, in parliament or at court, in foreign diplomatic service, or in practical preparation for State service in so far as such preparation may have been customary for the attainment of appointment (§19).
The service pensions are paid monthly in advance ($25); they can not be transferred or mortgaged (§26). The pension is suspended if the official loses German citizenship until its eventual recovery, and if and as long as he draws a service income in the service of the Empire or of the State, to the extent in which this service income, together with the pension, exceeds the amount of the service income drawn by the official before he was pensioned (§27).
The docents have no claim whatever upon service pensions. On the other hand, in accordance with the above provisions, if the docent later on obtains a regular professorship, his service as docent will also enter into the computation of his service pension.
Finally, provision for the relicts is made only with reference to the regula professors.
The relicts-viz, widows, children, and grandchildren-primarily and under the general provisions are entitled to the so-called "competency allowances" (Gnaden-Kompetenzen) under the law of February 6, 1881. In this respect there is no difference between the regular professors of the technical high schools and the university professors. Since, however, only the former are entitled to pensions (service pensions), the competency gratuities of their relicts include also the service pensions. Of this, however, in addition to the month of decease only a single additional gratuity month is granted.
The title to service pension on the part of regular professors of technical high school indicates their equality on the whole with other State officials with reference to the pensioning of relicts. This is regulated by the laws of May 20, 1882 (G. S. 1882, p. 298), of March 28, 1888 (G. S. 1888, p. 48), and June 1, 1897 (G. S. 1897, p. 169). After the abrogation in 1888 of the obligation of officials to pay widows and orphans fees, the pensioning of their relicts is now as follows:
The widow's pension consists of 40 per cent of the service pension to which the deceased was entitled or would have been entitled if he had been retired on the day of his death. The widow's pension must, however, not exceed 2,000 marks for widows of officials of the fourth and higher rank classes to which the regular professors belong (§8, law of June 1, 1897, Art. I). The orphans' pension is (a) for children whose mother is living and at the time of the official's death entitled to a widow's pension, one-fifth of the widow's pension for each child; (b) for children whose mother is not living or not entitled to a widow's pension at the time of the official's death, for each child one-third of the widow's pension (89). Widow's and orphans' pensions, singly or in the aggregate, must not exceed the amount of the service pension to which the deceased was or would have been entitled had he been retired on the day of his death. In applying
ED 1904 M-11
this limitation the widow's and orphans' pensions are proportionately reduced ($10). In the case of a widow who is younger than her deceased husband by fifteen years the amount is reduced by one-twentieth for each beginning year of the difference in age up to the twenty-fifth year, inclusive; the amount of the orphans' pensions, however, remains the same. If the marriage lasted five years, one-twentieth of the reduced amount is added for each beginning year of its further continuance until the full amount shall be reached (§12, law of June 1, 1897, Art. II). The claim to a widow's pension is lost if the marriage with the deceased official was contracted within three months of his death or clearly for the purpose of procuring the widow's pension. Similarly, widows and children of a marriage contracted after the pensioning of an official have no title (§13). The relicts of an official not entitled to service pension, but who might have been granted such pension, may be accorded widows' and orphans' pensions by the chief of the department in connection with the minister of finance, and the computation of the amounts with reference to the consideration of certain periods may be made by them under the same assumptions that apply to officials (814). The widows' and orphans' pensions are paid monthly in advance after the lapse of the periods of grace (§§15, 16). The pensions are not transferable nor mortgagable (§17). The claim becomes extinct for each claimant with the lapse of the month in which he or she is married or dies; moreover for each orphan with the lapse of the month in which he or she completes the twentyfirst year of life ($18). The claim is suspended when the claimant loses German citizenship until its eventual recovery (§19).
II. THE EMPEROR WILLIAM UNIVERSITY, OF STRASSBURG. A.-PROVISIONS FOR THE WIDOWS AND ORPHANS OF PROFESSORS; ETC.
At the Emperor William University, of Strassburg, the pensioning of the widows and orphans of professors was first regulated under the law of December 25, 1873, (G Bl., p. 518), as follows:
(a) That the widow of any ordinary or extraordinary professor, salaried from the exchequer of the university, shall receive as pension from the public treasury one-fifth of the last official salary paid the deceased, excluding supplementary allowances; provided, however, that this shall amount to at least 1,200 francs, and at most 2,000 francs.
Widows and orphans fees
(b) That each orphan shall receive 400 francs. are not levied.
Law of December 25, 1873, concerning the pensions of the widows and orphans of professors.
§1. The widows and orphans of the ordinary and extraordinary professors of the University of Strassburg, salaried from the exchequer of the university, shall receive pension from the public treasury.
The amount of such pension shall be:
(a) For the widow, one-fifth of the last official salary paid the deceased from the exchequer of the university, excluding supplementary allowances; provided, however, that this shall be at least 1,200 franes and at most 2,000 francs.
(b) For each orphan, 400 francs.
As orphans are to be considered the children designated in §1 of the law of December 24, 1873, concerning the pensions of the widows and orphans of officers and teachers.
§2. The payment shall begin with the lapse of the day up to which the deceased has been granted salary. It shall be ordered by the superior [first?] president.
§3. The paragraphs 4, 7, 11, and 13 of the law of December 24, 1873, concerning pensions of the widows and orphans of officials and teachers shall apply also to pensions granted under this law.
The provisions of the law of December 24, 1873, referred to above, are as follows:
Now by the ministry, §3, law of July 4, 1879.
§1. The widow, as well as the legitimate children or children legitimized by subsequent marriage, of an official, etc., shall receive pension from the public funds.
$4. The widow shall have no claim to a pension if the marriage has been dissolved or if, upon motion of the husband, separation from bed and board has been pronounced.
$7. Widows' and orphans' pensions shall be paid monthly in advance. $11. Payment of pension shall cease:
(a) For the widow with the end of the month of her death or remarriage; (b) For each child with the end of the month of his or her death or completion of the eighteenth year of life; and
(c) For girls that shall be married before the completion of the eighteenth year of life, with the end of the month in which the marriage shall have been contracted.
$13. The claim to a widow's and orphan's pension shall be suspended: (1) If the claimant shall lose German citizenship until eventual recovery of the same; and
(2) If, and as long as, the claimant shall draw in the service of the Empire, of the State, or in the public schools a service income, in so far as this shall exceed the amount of the pension.
Pensions of the widows and orphans of officials.
The pensioning of the widows and orphans of the officials of the University of Strassburg is conducted under the law of December 24, 1873, concerning the pensions for widows and orphans of officials and teachers (G. Bl., p. 515.) as follows:
§1. The widow, as well as the legitimate children and children legitimized by subsequent marriage of an official who, under the provisions of the law of December 23, 1873, concerning the statutory conditions of officials and teachers, shall have drawn a service pension or would have been entitled to draw such pension had he been retired on the day of his death, shall receive pensions from the public funds.
The widows and orphans of an official who, under $75 of the imperial law of March 31, 1873, concerning the statutory conditions of imperial officials, have not been granted a service pension shall not be entitled to pensions.
If an official dies who could have been granted a service pension under §37 or $39 of the imperial law of March 31, 1873, the widow and orphans may be granted pensions from the public funds.
§2. The claim to pension shall be valid for widows and orphans whether the official at the time of his decease has been in active service or in temporary retirement or under service pension.
§3. The widow and orphans of a pensioner whose claim to service pension had been suspended at the time of his decease because of his loss of German citizenship (§57, No. 1, of the imperial law of March 31, 1873) shall have no claim to a pension.
$4. (See above, p. —.) [Can not be found.-Transl.]
$5. The decision concerning whether and what pension shall be paid to the widow and orphans of an official shall be made by the first president," the grant of the pensions permissible under $1, subparagraph 3, by the imperial chancellor.
In cases in which, under $52 of the imperial law of December 31, 1873, an official retiring from service may be credited with certain periods in the computation of his time of service the imperial chancellor may permit such credit also in the computation of the widows' and orphans' pensions.
§6. The payment of pensions to widows and orphans begins with the lapse of the quarter or month of grace (§§7, 31, 69 of the imperial law of March 31, 18734). Should there be no provision for the grant of a quarter or month of
Now by the ministry ($3, law of July 4, 1879).
For the imperial chancellor the governor has been substituted (§2, law of July 4, 1879).
Now the ministry ($3, law of July 4, 1879).
$69, subparagraph 1, of the imperial law of March 31, 1873, has been superseded, under the law of May 25, 1887 (introduced into Alsace-Lorraine by imperial decree of November 21, 1887), by the following regulation: "If a service pensioner leaves a widow or legitimate progeny the service pension shall continue to be paid for one month in addition to the month of his decease. To whom the payment shall be made shall be decided by the highest imperial authority, which, however, shall have the privilege of transferring such power of decision to the higher imperial authority."
grace, the payment shall begin with the lapse of the day up to which the deceased was entitled to service income or pension.
§7. Widows' and orphans' pensions shall be paid monthly in advance.
$8. The pension of a widow amounts to one-third of the service pension to which the deceased was entitled or would have been entitled had he been retired from service on the day of his death.
The pension, however, with the limitation under $10, shall carry at least 200 francs and shall not exceed 2,000 francs.
$9. The orphan's pension shall carry:
(a) For children whose mother is living and entitled to pension, one-fifth of the widow's pension for each child.
(b) For children whose mother is not living or no longer entitled to pen
sion, one-third of the widow's pension for each child.
$10. The pensions payable to widows and orphans shall not exceed, either singly or in the aggregate, the amount of the service pension of the deceased to which he was entitled or would have been entitled if he had been retired from service on the day of his death.
In applying this limitation, the respective single pensions shall be proportionately reduced.
§11. (See above, p.—.)
[Can not be found.-Transl.]
§12. On the death and remarriage of a pensioned widow, the increase of the orphans' pensions under the provisions of §§ 9 and 10 shall become effective at the end of the term designated in § 11, letter a.
On the elimination of a child entitled to pension, its pension shall be added proportionately to the remaining claimants, beginning with the term designated in § 11, letters b and c, in so far as these are not as yet in full enjoyment of the amounts due them under §8 or 9.
$13. (See above, p.—.) [Can not be found.-Transl.]
§14. (Is repealed by art. 6, §3, of the law of December 23, 1873.)
§15. Assurances of future grants of pensions to the relicts of individual officials or classes of officials by the Emperor or the imperial chancellor before the promulgation of this law shall remain valid in so far as the provisions of this law are not more favorable.
§16. The provisions of this law shall apply also to the widows and orphans of officials who were pensioned during the period from the 9th of June, 1871, to the time when the law concerning the rights of officials and teachers of December 23, 1873, took effect, and who at the promulgation of the present law are still living.
$17. The provisions of the present law concerning the pensions for widows and orphans of officials shall apply also to the orphans of those female teachers who, under the law concerning the rights of officials and teachers of December 23, 1873, are entitled to service pension as well as, respectively, to the widows and orphans of the members of the gendarmerie.
For the benefit of the relicts of the professors and lectors, as well as of the secretary of the university, the questor, and the curatorial secretary of the Emperor-William University of Strassburg, there exists, finally, since the year 1882 at this university an auxiliary fund, with the object of providing for the relicts of its members in case of need allowances, the value of which is determined chiefly by the amount of available means, the number of persons requiring assistance at the time, and the urgency of need.
Membership for the persons designated above is optional.
Each member has to pay an entrance fee of 30 marks and a quarterly fee of 5 marks. The obligation to pay an entrance fee and quarterly fees may be superseded at any time by a single payment of 300 marks.
The statutes of the auxiliary fund of the Emperor-William University of Strassburg, approved by the Government under date of August 19, 1882, are as follows:
I. GENERAL PROVISIONS.
§1. The fund shall be known as "auxiliary fund of the Emperor-William University of Strassburg;" it shall have its seat at Strassburg and shall serve the purpose of providing assistance for the relicts of its members in case of need. §2. The fund is a part of the organization of the university. It is, however,
endowed with independent juridical personality and entered in the class of institutions for the public benefit.
§3. The administrative year of the fund coincides with the statutory year of public administration.
$4. The following persons shall be entitled to membership of the fund:
1. The professors and lectors of the university.
2. The secretary of the university, the questor, and the curatorial secretary. 85. Membership shall begin on the day of entrance. Entrance is secured by written request addressed to the executive committee. $6. Membership shall cease
1. On the day of voluntary resignation, which may be presented at any time, and is secured by written request to the executive committee.
2. At the termination of the condition conveying title to membership; entrance upon the list of pensioned officials or emerited professors shall not terminate membership.
III. ENTRANCE FEES AND QUARTERLY FEES.
§7. Each member shall pay an entrance fee and quarterly fees.
§8. The entrance fee shall be 30 marks. It is payable within six months after joining.
$9. The quarterly fee is fixed at 5 marks and is payable in advance.
Members joining the fund during a current quarter shall nevertheless be charged with the full quarterly fee and shall pay this immediately after joining. $10. For those members who draw salary from the university fund the entrance fees and quarterly fees will be collected when salaries are paid, a receipt being issued, in case they have no objection.
$11. The obligation of payment of the entrance fee and the quarterly fees may be superseded at any time by the payment of a single fee of 330 marks. (In the introduction, p. 98, " 300 m."-Transl.
IV. RELIEF ALLOWANCES.
§12. The means for allowances shall as a rule be taken only from the regular income under the detailed provisions of the two following paragraphs.
$13. The regular income consists of the revenues of the capital assets for each administrative year and of the membership fees, contributions, and gifts made for this purpose.
§14. Of the regular income a portion, which shall amount to at least 10 per cent, shall be added to the capital, according to the judgment of the executive committee. The entire remainder shall be available for relief allowances.
$15. Only the relicts of those members that shall have belonged to the fund until their death shall have claim to relief.
§16. As relicts in the sense of the above paragraphs shall be considered: (1) the widows, (2) the children, (3) other near relatives who constituted a family with the deceased and who in him have lost their provider.
$17. Only necessity furnishes claim to assistance.
The value of the allowances is determined chiefly by the amount of available means, the number of persons needing assistance at the time, and the urgency of need. Special attention shall be paid in this to doubly orphaned children.
$18. Each member shall have the right to submit to the executive committee written requests for the relief of other members. Should the executive committee deny the request, he may appeal to the general assembly to be called for this purpose.
Otherwise the executive committee shall decide upon the granting of relief allowances according to its free judgment under the provisions of §§ 12 to 17.
$19. The duties of accountant shall be performed, without compensation, by the questor, under direction of the executive committee.
VI. EXECUTIVE COMMITTEE.
$20. The executive committee shall consist of five members, to be elected annually by the general assembly. Reelection is permitted.