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The provisions of the imperial law of March 31, 1873, concerning the legal status of imperial officials (§ 49, subpar. 2, and § 50a) shall apply here in equal

measure.

Article 42.-The time of service shall also include the time during which an official

(1) Has been in temporary quiescence with payment of Wartegeld; or (2) Has held a life appointment as imperial official; or

(3) Has been in the service of the royal court or the chamber of the royal court domain with title to pension; or

(4) Has held appointment in the domestic church or public school service or employed unofficially (unständig) in such service under the provisions for such service with title to its consideration in the computation of time of service; or, finally,

(5) Has been in unofficial (unständig) employment or as obligated personal assistant of an official in the domestic (inländisch) state service or at an educational institution named in Appendix I of this law, after the completion of the thirtieth year of life and after passing a service examination, and in so far as the provision of article 39 does not apply to him.

Article 43.-With the approval of the King, there may also be added for special reasons to the time of service entitled to pension the time during which the official

(1) Has been in the service of another State of the German Federation or even of a State not belonging to the German Empire, in corporate or in private service; or

(2) Has acted as attorney or as notary.

Article 44-On the other hand, in computing the time of service there shall not be considered the time which passed before loss of service on the part of an official who, at an earlier period, lost his office by criminal or disciplinary process and was reappointed later on.

With the exclusion of this case, a preceding interruption of the state or school service shall not exclude the consideration of earlier years of service from computation of the service time entitling to pension on the part of the official.

IV. AMOUNT OF RETIREMENT SALARY AND ITS PAYMENT.

Article 45.-The basis for the computation of the amount of retirement salary is the salary drawn by the official during the last year before the day of his retirement.

For an official in temporary quiescence with Wartegeld, in the event of his retirement, the retirement salary is computed on the salary drawn by him during the last year before the day of his temporary quiescence.

Article 46.-If an official occupying several offices at the same time is relieved at the time of his retirement of only one or several of these, the provisions of article 16 shall be respectively applied.

Article 47.-The retirement salary, with entrance upon the tenth year of service, as well as in the case of article 30, amounts to 40 per cent of the service salary.

For each subsequent year of service, including the fortieth year, it shall be increased as follows:

(1) By 1 per cent of the amount of the salary up to and including 2,400 marks.

(2) By 11 per cent of the amount of the salary over 2,400 marks.

In determining the retirement salary the King may appropriately consider distinguished merit.

The highest amount of a retirement salary is fixed at 6,000 marks.

In computing the annual amounts of retirement salaries the resulting pfennige shall be counted as a full mark.

Article 48.-The retirement salary of a minister of state shall be 7,000 marks.

These are as follows:

§ 49, subpar. 2. Whether a military enterprise in this respect shall be considered as a campaign and in how far with wars of longer duration several years shall enter into computation, shall be determined in each case by the Emperor. For the past the provisions made in the several States of the Federation concerning this matter shall continue in force.

$ 50. In how far the time of imprisonment in a fortress or as a prisoner of war may enter shall be determined under the statutory provisions for the pensioning of military persons of the imperial army or navy.

For the remaining members of the privy council the retirement salary shall be computed under the provisions of article 47. However, these shall have claim to retirement salary even if they have not entered upon the tenth year of service. Their retirement salary shall not exceed 6,000 marks, but also not fall below one-half of their service salaries, provided this half does not exceed 6,000 marks.

Under special agreement the retirement salary of a minister of state may be fixed up to 9,000 marks, that of other members of the privy council up to twothirds of their service salaries within the limits of the maximum of 6,000 uarks. This new provision shall apply also to agreements already entered into n such a way that a florin (gulden) shall be counted as 2 marks.

Article 49.-Payments of retirement salaries shall be made monthly in advance.

Unless at the request or with the expressed consent of the official an earlier time has been fixed upon, payment of the service salary or Wartegeld shall cease and payment of the retirement salary begin with the end of the month after the month in which the decision as to permanent quiescence and the amount of the retirement salary shall have been communicated to the official. During this period the official shall continue in the performance of his official duties, unless he has been previously relieved thereof; eventual expenses for substitutes for teachers under articles 1 and 16 of the Law A of July 6, 1842, as well as the expenses of substitution in cases of sickness (art. 18, concluding paragraph) are to be paid.

The payment of the full amount of retirement salary is not conditioned on residence in the native country (inland) on the part of the pensioner.

V. CESSATION AND REDUCTION OF RETIREMENT SALARIES.

Article 50.-A pensioner shall not be deprived of the right to make application for reappointment.

Special attention shall be given to those officials who were retired for one of the reasons given under article 29, paragraph 2, Nos. 1 and 2, and who subsequently demonstrated their ability to serve.

Such an official may be reinstated in the service also under the provisions of article 26.

Article 51.-The claim to payment of retirement shall cease

(1) If the pensioner is reinstated in the imperial service, in the state service, in the church or public school service, in a position entitled to pension, with a salary at least equal to his former salary;

(2) If he declines reappointment in the home service (inländischen Dienst), article 50, paragraph 2; and

(3) In the case of article 80, paragraph 2.

Article 52.-The claim to retirement salary shall be suspended—

(1) If, and as long as, a pensioner shall draw a service salary in the public service (compare art. 51, No. 1), in so far as the amount of this salary, in addition to the retirement salary, shall exceed the amount of the service salary drawn before retirement;

(2) If a pensioner shall lose the German citizenship (Indigenat) until the eventual restoration of the same.

The provision of No. 1 shall respectively apply if the pensioner draws a retirement salary on an appointment in another state or in the imperial service.

Article 53. Cessation of the retirement salary in the cases of article 51, Nos. 1 and 2, also reduction or restoration of the same in the cases of article 52, shall take effect with the beginning of the month following the event which has occasioned such change. In the cases of article 51, No. 3, the claim to the retirement salary shall cease when the sentence shall take effect.

In the event of merely temporary reemployment in the public service on per diem pay or other remuneration the official shall retain his retirement salary without reduction for the first six full months of such employment, and the provision of article 52, No. 1, shall take effect only with the beginning of the seventh month.

V. THE ROYAL UNIVERSITY OF SAXONY, AT LEIPZIG.

1. THE PENSIONING OF THE WIDOWS AND ORPHANS OF THE UNIVERSITY PROFESSORS.

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At the Royal University of Saxony, at Leipzig, there exists a general widows and orphans' fund," with the object of granting widows' and orphans' pensions to the widows and orphans of deceased ordinary, honorary, and extraordinary profssors of the university.

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Under the revised statutes of this fund, approved by the royal ministry of tus and public instruction, under date of April 29, 1892, the widow of an ordinary professor deceased as member of the fund receives a widow's pension of 1,800 marks; the widow of an ordinary honorary professor or of an extraordinary professor, a pension of 1,000 marks, or, if this is more, one-fifth of the salary drawn by the deceased as professor, including the value of free service residence, which for this purpose is computed at 600 marks annually.

Each legitimate or legitimized child of the professor deceased as member receives as long as its own mother is living one-fifth, and after her death threetenths of the widow's pension.

Grandchildren, illegitimate, adopted, and stepchildren of the deceased receive no pensions.

In cases of exceptional necessity of the relicts of members the ministry of cultus and public instruction may, upon motion of the academic senate, grant them a pension exceeding the amount of the statutory pension by not more than one-fourth.

Contributions to the widows and orphans' fund are not collected.

The detailed provisions of the fund are as follows:

Revised statutes of the general widows and orphans' fund of the University of Leipzig.

§ 1. There exists at the University of Leipzig a general widows and orphans' fund. The assets of this fund constitute an independent pia causa. Its administration is carried on by the department of accounts (rentant) gratuitously under the provisions agreed upon between the highest state authority and the university for the administration of the university funds, in so far as other provisions have not been expressly fixed.

§ 2. In order to meet the money requirements of this fund, the following capitals and revenues have been permanently assigned to it:

1. All the capitals and revenues of the treasury of the professors' widows' fund;

2. A capital of 10,300 marks, together with its interest, from the treasury of the widows' fund of the medical faculty;

3. The capital and revenues of the widows' fund of the college of small princes;

4. The Wenck legacy for the college of small princes;

5. The Wendler legacy for the widows' fund of the university;

6. The Boyberg legacy for the university;

7. From the Knaups Institution an annual fixed revenue of 3,000 marks;

8. From the alms fund a yearly fixed revenue of 800 marks;

9. The interest from the widows' fund of the faculty of jurisprudence;

10. The interest of the widows' fund of the philosophical faculty.

§ 3. In so far as the proper revenues of the general widows and orphans' fund are not sufficient to meet its requirements, the deficiency shall be contributed by the exchequer (Haupt Kasse) of the university.

§ 4. The interest of the capitals assigned to this fund, as well as all the revenues assigned to it, shall be applied exclusively to the pensions for the widows and orphans of the professors of the University of Leipzig in accordance with these statutes. The accounts division of the university shall annually submit the accounts to the academic senate and eventual admonition before delivery to the ministry.

§ 5. The general university widows' fund may accept advantageous gifts of all kinds.

Such increase of its stock capital shall in no way affect capitals or revenues assigned to it from any other source.

New institutions for pension purposes for the benefit of all the widows and

orphans of the members of the general widows and orphans' fund may be added to this fund in case the opposite is not expressly ordered.

Allowances of all or any widows and orphans from institutions shall not be computed in any form in their statutory widows and orphans' pension.

§ 6. All ordinary, all honorary and all extraordinary professors of the university who draw salaries as university professors shall become members of the fund on the day their salary from the university fund shall begin.

§ 7. Participation in the widows' fund shall end with voluntary resignation of the professorship, without regard to the retention of the titles and rights of honor of his former position on the part of the resigning professor.

It shall not cease on account of the pensioning of the member because of age or sickness, his suspension from office, his dismissal by disciplinary process.

§ 8. The pension of the widow of an ordinary professor deceased as member shall be 1,800 marks, for the widow of an ordinary honorary professor or of an extraordinary professor 1,000 marks, or, if this is more, one-fifth of the salary drawn by the deceased as professor, including the value of free service residence, which for this purpose shall be computed at 600 marks annually.

§ 9. Each legitimate or legitimized child of the deceased member shall receive, as long as its own mother is living one-fifth, after her death three-tenths, of the widow's pension.

Grandchildren, illegitimate, adopted, and stepchildren of the deceased shall receive no pension.

§ 10. In cases of exceptional necessity of the relicts of a member the ministry of cultus and public instruction may, on motion of the academic senate, grant them a pension not exceeding the statutory pension by more than one-fourth.

§ 11. The claim to pension shall begin on the day on which the claim to the salary of the deceased or to the benefit by grace (Gnadengenuss) ends or the latter shall have fallen below the amount of the pension. It shall be independent of the residence of the claimant.

The widow shall prove to the university accountant her right to the claim by submission of her marriage certificate; the right to the claim on the part of the orphans shall be proved to him by submission of the certificate of birth by the mother or guardian.

§ 12. The pension shall be paid for the current quarter upon receipt by the accounts division on March 1, June 1, September 1, and December 1. Only in cases of extinction of the pension (§13) the accounts division may make payment at an earlier date.

The orphans' pension shall be paid to the mother as long as she remains unmarried; after her death or remarriage, to the guardian of the orphans.

If persons entitled to pension are absent, they shall legally authorize an attorney at Leipzig to receive the pension or transmit to the accounts division of the university a receipt drawn up in their own handwriting.

Moreover, widows living abroad and the guardians of orphans living abroad shall produce a life certificate drawn in legal form at each collection of payment. §13. The claims to pensions become extinct:

1. To widows' pensions

(a) With the last day of the month in which the widow dies;

(b) With the day of her remarriage.

2. To orphans' pensions, with the last day of the month

(a) In which the crphan completes the eighteenth year of life;

(b) In which he or she is previously married;

(c) Is previously appointed in public or private service with a yearly salary equal to the amount of pension."

§ 14. To unmarried daughters and infirm sons of a member who are over 18 years old, without fortune and unable to make a living without their fault, the ministry of cultus and public instruction may, in case of need and on motion of the academic senate, grant suitable assistance. The continuance of such assistance shall be determined by the ministry.

15. The provisions of §§ 8 to 14 shall apply also to the widows and orphans of the members of the fund who may have died before April 1, 1892, as well as to those who on this day may still have been members of the fund. However, such widows and orphans shall be entitled to choose whether the pension shall

It should be observed that under § 57 of the revised statutes of the University of Leip zig the wife and the minor children of a professor discharged from office by disciplinary process do not lose their claims to their respective pensions.

be granted under the above provisions or under statutes and provisions previously in force. The choice shall be decided, if a widow and children entitled to pension are concerned, by the widow; if only children are concerned, by the guardian. Those entitled to this right shall decide within a term to be fixed by the academic senate, on penalty of the loss of their right of choice.

§ 16. The accounts division shall keep a record concerning the age of all the members and their wives, as well as concerning the number and age of their children, which shall be carefully revised and supplemented at least every five

years.

The members shall, therefore, immediately upon their entrance, submit their certificates of birth, and, if they are married, also those of their wives and children; otherwise their further salary payments shall be withheld. Members who are married subsequently shall, under the same penalty, submit immediately after marriage the certificate of birth of the wife.

The academic senate shall keep a record which shall show, in tabular form, for each year, in accordance with the annual reports of the university accounts division, the number of members, widows, and orphans, the capital and cash assets of the fund, the sums of both items, and, finally, the increase in the property of the fund for the year.

Every five years the university widows' fund shall be subjected to a revision.

CONCLUDING PROVISION.

The revised statutes for the general widows and orphans' fund of the University of Leipzig shall take effect on April 1, 1892.

AUXILIARY AND DAUGHTERS' FUND.

On April 1, 1892, there was further established at the University of Leipzig, under the name of auxiliary and daughters' pension, an institution with the object of increasing the pensions due to the widows and orphans of its members from the general widows and orphans' fund; to support permanently unmarried legitimate or legitimized daughters and sons, unable to make a living, over 18 years of age, and children of deceased members, in so far as they may not be entitled to an orphan's pension, until completion of the twenty-first year of life; and, finally, to support in single benefits relatives of deceased members or of members in serious illness in case of urgent necessity caused by such death or illness.

The following statutes were approved on April 29, 1892:

Statutes of the auxiliary and daughters' fund of the University of Leipzig of April 29, 1891.

I. GENERAL PROVISIONS.

§ 1. With April 1, 1892, there shall be established at the University of Leipzig an institution under the name of the auxiliary and daughters' fund of the University of Leipzig.

§ 2. It shall serve three purposes :

1. The permanent increase of the pensions of the widows and orphans of its members, due them from the general widows and orphans' fund of the University of Leipzig. (See §§ 20 to 26.)

2. The permanent support of the unmarried legitimate and legitimized daughters and sons, unable to make a living, of deceased members, and over 18 years of age, in so far as they may not be entitled up to the completion of the twenty-first year to the orphans' pension under the provision of § 15 of the revised statutes of the general widows and orphans' fund nor to that under § 9 of these statutes. (See § 27.) 3. Support in single benefits of relatives of deceased or seriously ill members in urgent need, due to that death or illness. (See §§ 29 to 31.) § 3. The payments of the auxiliary fund shall in their amount be independent of all payments from other funds to the same persons for the same purposes as those of the auxiliary fund.

The payments which may be due now or hereafter to the members of the auxiliary fund for the same above-named purposes shall not be stopped or reduced because of the payments from the auxiliary fund.

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