Изображения страниц
PDF
EPUB

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, 1 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

state.

With reappointed officials the time of their previous pensioning shall be counted.

ED 1904 M -15

[ocr errors]

The finally valid computation of the time of service in the case of subarticle 2, No. 1, shall be ordered in a decision of the respective ministry handed to the official with the decree of appointment.

Article 7.-An official may, after a time of service of forty years, or after completing the seventieth year of life, resign his position, and shall then receive the retirement salary due him in the proportion of his time of service.

Article 8.-If in the decree granting the salary or increment of salary the salary and representation salary are not expressly separated, it shall be assumed in all increments of salary that the part of the salary which is in excess of 6,800 marks is granted as representation salary, and shall, therefore, not be considered with reference to pension claim. The pensionable salary can never exceed 10,000 marks.

Article 9.-If a pensioner leaves a widow or legitimate children who lived with him in domestic community, they shall be paid the retirement salary for three months after the day of death. However, the relicts shall have no claim to widows and orphans' pensions for the time they continue to draw the retirement salary.

If the deceased left in destitution parents, brothers or sisters, or nephews or nieces whose provider he was, or legitimate progeny that did not live in domestic community with him, or if his estate is not sufficient to defray the expenses of the last sickness and burial, the respective ministry may grant the retirement salary for three months longer after the day of death.

To whom the retirement salary shall be paid in either event shall be determined by the ministry.

The retirement salary granted beyond the month of death can not become subject to attachment.

Article 10.--Members of a college of justice can be retired against their will only on account of eventual permanent incapacitation in consequence of bodily or mental weakness, and even then only on the basis of a plenary resolution of the highest court of the Grand Duchy confirming such incapacitation with a majority of at least two-thirds. This provision shall take effect only with the regulation of the process by a law.

With reference to the directors of a college of justice, existing provisions shall continue in force.

Article 11.-The officials entitled to pension on the day of promulgation of this law are guaranteed their claims as to amount of pension in accordance with the legal provisions prevailing heretofore, so that the pension to be allowed them shall not fall below the amount which would have been due them, taking into account statutory compensation in kind, if they had been pensioned on the day of the promulgation of this law. If on the day of their actual retirement the present law grants a pension higher than the pension guaranteed to them above, this more favorable provision shall apply to them.

Article 12.-Already appointed officials to whom article 3, subparagraph 2, No. 1, applies shall present to the respective ministry and establish their eventual claims within an exclusive term of six months after this law shall have taken effect.

After the close of this term the finally valid computation of the time of service shall be announced in a decree of the respective ministry to be transmitted to the official.

With our approval the finally valid computation of the time of service may be made within three months after this law shall take effect, in the event of article 6, with officials who already before the promulgation of this law shall have been transferred to the state service.

The process is duty free.

[From the Grandducal Hessian Regierungsblatt, Darmstadt, 1875, pp. 2 and 3.]

Law concerning the completion of the provisions of articles 7 and 15 of the edict of April 12, 1820, with regard to the public-service relations of the civil state officials.

Article 1.-No actual state official shall hereafter accept an additional office or employment with which a continuous remuneration is connected without first having received the approval thereto from the respective superior ministry.

The same approval is required for entrance on the part of an actual state

official into the directory, administrative board, or supervisory board of an association seeking profit or into a committee for the establishment of such an association. The approval shall not be granted if the participation of the respective official is directly or indirectly connected with the regular or irregular receipt of money or money's worth.

Article 2.-Officials who have been retired shall hereafter, on penalty of loss of their retirement salary, enter only with the approval of their superior ministry into the directory, administrative board, or supervisory board of an association established for profit if their participation is directly or indirectly connected with the regular or irregular receipt of money or money's worth. Article 3.-An approval in the case of article 1 may be revoked at any time, as long as the official is engaged in the active state service, but in the case of article 2 it can not be revoked as long as the official remains in retirement. It can, however, be recalled also in the latter case, if the pensioner under article 15 of the edict of April 12, 1820, enters again upon active service.

Article 4.-If an actual state official had entered already before promulgation of this law into the directory, administrative board, or supervisory board of an association for profit or into a committee formed for the establishment of such an association, the continuance of such relationship may be prohibited if the further participation of the official is contrary to the interests of the service in the judgment of the superior ministry.

VIII. THE GRAND DUCAL UNIVERSITY OF SAXONY, AT JENA.

WIDOWS AND ORPHANS' PENSION INSTITUTE.

For the University of Jena there exists since July 1, 1863, a new Widows and Orphans' Pension Institute, in which is incorporated the Widows' Instituteexisting since the year 1817--for the actual faculty members of the Academy of Jena, with all its funds, including the capital of the mutual sheriff's court (Schöppenstuhl).

Membership in this Widows and Orphans' Pension Institute is obligatory for the employees appointed with a salary derived from academic funds, as well as for all married employees, from the date of the appointment decree, respectively. from the day of marriage. The annual contribution to be paid by the members depends on the amount of assured pension and carries, respectively, 90 marks, 67.50 marks, and 45 marks. The yearly pension carries, according to the wish of the assured, respectively, 600 marks, 450 marks, and 300 marks.

If a member dies-

(a) Leaving a widow without children, the widow receives the full pension as long as she remains in a state of widowhood;

(b) If he leaves children without a widow, the children receive together the full pension as long as a child entitled to pension remains; and (c) If he leaves a widow and children the widow receives one-half of the pension as long as she remains in the state of widowhood and the children the other half as long as a child entitled to pension remains. If no such child remains or if the widow dies or marries again the remaining party receives the entire pension and the provisions under a and b apply.

The pension claim of the children holds as long as they have not completed the twenty-first year of life.

Statutes of the new Widows and Orphans' Pension Institute of the University of

Jena.

§ 1. Beginning with July 1, 1863, there shall exist for the University of Jena a new Widows and Orphans' Pension Institute with which the Widows' Institute existing since the year 1817 for the actual faculty members of the Academy of Jena, with all its funds, shall be incorporated in such a way that especially also the capital property of the mutual sheriff's court, joined therewith under § 27 of the statutes of 1817, shall pass into the aggregate fund of the new institute.

§ 2. The new Widows and Orphans' Pension Institute exists under the provisions made therefor in the following paragraphs:

(a) For the ordinary and extraordinary professors;

(b) Under the assumption that they are definitively appointed with a salary derived from academic funds, for the academic teachers, officers, and servants named below-

1. The university equerry.

2. The lector of modern languages.

3. The university music director and concert master.

4. The university fencing master.

5. The assistants of the librarian.

6. The custodian of the library.

7. The university bailiff.

8. The secretary of the univerity.

9. The keeper of the archives of the university.

10. The actuary of the university.

11. The warden of revenues of the university.

12. The questor of the university.

13. The cashier of the refectory.

14. The forester of Remda.

15. The depositor and chief bedel.

16. The assistant bedels.

17. The keeper of the carcer and college doorkeeper.
18. The steward of the new college house.

§ 3. By the incorporation of the older Widows' Institute into the new institution nothing is changed in the pension rights already established under the statutes of 1817, which rights are hereby expressly reserved. For the former members of the older Widows' Institute and their heirs entitled to pension this institute shall continue to exist unchanged, with all the rights and duties prescribed in the statutes of 1817, until with the successive death or withdrawal, respectively, of these members it shall become wholly extinct.

§ 4. All those who at the establishment of the new institute are already appointed in one of the positions named under § 2, and who are not already members of the former institute, are entitled to admission into the former, in so far as they are not obligated thereto under the provision made under § 5, letter b. Of course, a person not obligated, but merely entitled to membership of the new institute, shall lose this claim, without prejudice to the obligation eventually arising under § 5, b, if he does not declare his entrance on or before January 1, 1864, and consequently his relict can not expect support even as a gratuity. $5. The following shall be members of the new institute without further steps:

(a) Those who after its establishment shall be definitively appointed, with
a salary derived from an academic fund, in one of the positions
named under § 2, a and b, whether they are married or not, and also
those who shall be newly appointed without salary in such a position,
if they are married or as soon as they shall be married.
(b) Those who, already before establishment of the new institute, were
appointed in one of the positions under § 2, a and b, as soon as they
shall receive from academic funds a new salary or an increase of
salary, whether they are married or not, and also of those already
appointed who are unmarried as soon as they shall be married,
whether they are salaried or not.

Obligatory membership shall begin with those named above, under a, with the date of the first respective appointment decree, respectively with the day of marriage, and with those named under b with the date of the order issued on account of the salary, respectively, of the day of marriage.

§ 6. Should later on a new office be established at the university and endowed with a fixed salary from academic funds, special provision concerning the reception of its incumbent into the Widows and Orphans' Pension Institute is hereby reserved.

§ 7. Each member newly entered into the institute shall immediatly on his admission pay as entrance fee a sum equal to his annual contribution in addition to his contribution itself into the reserve fund to be formed under § 10.

§ 8. In so far as other provisions are not made under § 9 each member of the new institute is at liberty to insure for his relicts a yearly pension of either 200

« ПредыдущаяПродолжить »