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Article 7.-The obligation to pay widows' and orphans' contributions shall
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 he 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 of 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.
Article 32.-The execution of this law is committed to our ministry of the interior and of justice.
In addition to this general care on the part of the State, there exists for the widows of members of the university the following provident establishments:
(a) The institute Neubauer.
This was founded by the testament of the government advocate Neubauer of February 6, 1797. The respective passages of this testament are as follows:
"My house and adjoining house with the two gardens and also the garden on the Rigel path, I hereby dedicate and will for an endowment and residence for two widows of professors and two widows of advocates.
"Only such widow of a professor (ordinary or extraordinary professor) or such widow of an advocate shall be competent to enjoy this endowment, as shall not possess sufficient property of her own for support conformable to her position, but shall not have lost it by her own loose management, and as shall lead a virtuous and unblemished life; for if subsequently she should be guilty of bad and low conduct she would lose her free residence and the enjoyment of this endowment.
"Whether a professor's widow be qualified for this endowment, or also eventually should again lose it, that shall be decided by the grand ducal (fuerstlich) university, as well as with advocates' widows the grand ducal government.”
The said buildings were sold in the year 1860 in order to avoid necessary expenses for repairs, and with the proceeds, by order of the grand ducal ministry, two independent institutes were created, one of which is administered by the university, the other by the then superior court (now provincial court) at Giessen.
The capital thus fallen to the university amounts to 7,417.14 marks; the proceeds derived therefrom, amounting to 297.06 marks, are distributed to two professors' widows in accordance with the provisions of the Neubauer testament.
(b) The university widows' fund.
Until the year 1818 the university had its own widows' fund. Not until this year was it united with the general widows' fund for civil officials. The former widows' fund of the university was transferred to the state fund. Only the so-called Holzheim estate was retained by the university, and its revenues continued to be applied to the exclusive benefit of the widows of university officials. The respective passages of the decree of the grand ducal ministry of the 16th of December, 1818, are as follows:
"The income from the estate Holzheim, however, shall be retained by the university and shall be divided as heretofore, after deduction of the taxes thereon and other duties, among the widows, etc.
"Finally, it is approved that, after the decease of the present participants in the university widows' fund, in future only the widows and orphans of the actual professors deceased during their appointment at the university shall be admitted to the enjoyment of the pensions in kind to be derived from the Holzheim estate, and that if the number of such widows shall be fewer than five one-fifth of the total income in rent shall remain and the rest shall be applied to a capital which in the future might be used for the support of especially needy widows and orphans of professors and other university officials."
In the thirties the Holzheim estate was sold. The proceeds since that time constitute the university widows' fund.
The provisions therefor of the ministerial decree of August 10, 1840, are as follows:
"1. From the proceeds of the sale of the widows' fund estate Holzheim and from the eventual arrearages of the rent of this estate up to its sale, a special fund for the support of widows of professors and other university officials shall be established beginning with the year 1838, inclusive, which fund shall be accounted for separately and administered without compensation by the university accountant under the supervision of the grand ducal academic commission of administration.
"2. Beginning with the year 1838, inclusive, a separate account shall be drawn up of receipts and expenditures for each year, and at its close, and submitted, with the original papers on or before July 1 of the following year, to the grand ducal chamber of accounts for revision.
"3. As to the use of the fund for pensions and benefits, our decree of June 7, 1839, No. D. 20258 and No. A. C. 946, shall remain in force for the year 1838, according to which each of the present twelve professors' widows shall receive for this year a pension of 30 florins (gulden).
"4. We approve that for the year 1839 and thereafter the annual widows' pension shall be fixed provisionally at 40 florins; however, with the express proviso that the interest of the capital and proceeds of sale, as well as the general condition of the fund, shall be sufficient to pay this sum to each of the widows present without drawing on the substance of the fund, which must be preserved at all times, and on its property.
"5. Should the proviso just named under 4 not prevail, then the widows' pension provisionally fixed at 40 florins shall suffer a reduction, and only that amount shall be distributed in equal shares for the respective year among the widows present which is available for that year as net surplus and income of the fund.
"6. The widows' pension fixed under No. 4 at 40 florins annually shall hold for the present; also in the event that a reduction in the number of widows or some other increase of the income of the fund should render possible the payment of a higher pension, and in such event the resulting surplus shall either be added to the substance of the property of the fund or applied to the extraordinary support of widows and orphans of university officials, in accordance with our decision thereon to be made on your report to be submitted to us concerning this.
7. Since it is a matter of interest to us to remain constantly informed concerning the condition of the fund, and the pensions and benefits paid therefrom, and to determine the amount of the latter, you will submit to us after each year and before drafting and closing the account an abstract concerning the condition of the fund for the respective year, together with a report of your propositions based thereon concerning the determination of the amount of the pensions and the use of the surplus generally, and to await our decisions thereon, after the receipt of which, and not sooner, the actual assignment and payment of the pensions and benefits for the respective year can be made."
At present this university widows' fund amounts to 28,099.99 marks; the interest income is 1,195.58 marks. From this the professors' widows entitled to payments receive at present 100 marks; besides, three widows of university officials receive together 160 marks. The rest is added to the capital.
B. PENSION CONDITIONS OF THE PROFESSORS AND OFFICIALS OF THE UNIVERSITY OF GIESSEN.
[From the grand ducal Hessian Regierungsblatt, Darmstadt, 1874, pp. 672 ff.]
Law concerning the revision of the provisions on the retirement of civil officials.
Article 2. If an official shall be retired after completing the fifth year of service, he shall receive as retirement salary (pension) 40 per cent of his salary. For each additional completed year of service from the sixth to the tenth year of service there shall be added 2 per cent; from the eleventh to the thirtieth, 14 per cent, and from the thirty-first to the fortieth year of service 1 per cent. Whoever shall be retired after completing the fiftieth year of service shall receive the full amount of his salary as pension, without prejudice to the provisions contained in article 9.
Article 3. The time of service shall be computed in determining the pension from the day of the decree of first appointment.
Besides, in computing the time of service the time shall also be counted during which an official
1. After fully passing the state examination shall have been employed with some office on remuneration or per diem pay, in so far as such employment had been ordered or approved by one of our ministries or other competent authority.
2. Was previously appointed in the service of the Empire or of some other
With reappointed officials the time of their previous pensioning shall be
ED 1904 M- -15