« ПредыдущаяПродолжить »
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. 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
thalers, 150 thalers, or 100 thalers. Accordingly, he shall pay a yearly contribution of either 30 thalers, 224 thalers, or 15 thalers.
No claim can be acquired to a yearly pension higher than 200 thalers in any case, not even by combining several positions in one pension.
If, however, a member has insured in the beginning a smaller pension, he shall be permitted to increase it later on, if he pays for the period from his first entrance the corresponding arrearage both of entrance fees and annual contributions, both with interest of 5 per cent annually from the times they were respectively due.
A reduction of the once-fixed contribution shall not be admissible in any case. The contributions, even if the member from whom they are due has become a widower, shall continue to be paid in the amount hitherto paid.
$ 9. For the relicts of the university depositor the annual pension shall amount to 70 thalers; for the university employees named in § 2, under 16, 17, and 18, 50 thalers. In return the former shall pay an annual contribution of 10 thalers and the latter such contribution of 7 thalers.
§ 10. The payments of the annual contributions into the fund of the institute shall be made in quarterly installments. With salaried members these contributions and the entrance fees shall be deducted by the revenue office (Rentamt) from the salary payments for the respective quarters; with nonsalaried members they shall be collected by a beadle in the last week of each quarter.
d 11. Whoever, except in the case of retirement, shall resign his position at the university or lose it by legal judgment, shall at the same time cease to be a member of the Widows and Orphans' Pension Institute, but shall have no claim to the already-paid entrance fees and contributions.
§ 12. If a member of the Widows and Orphans' Pension Institute dies his widow and children shall receive, in so far as they shall be entitled to pension under §§ 14 and 15, the yearly pension secured to them for such event in quarterly installments in advance, beginning with the quarter following the mortuary quarter, and, in other respects as provided under § 16.
In addition, immediately after his death, there shall be paid to the relicts entitled to pension a single benefit pro nunc to the amount of entrance fee formerly paid by the deceased, in case the reserve fund shall contain the means therefor.
§ 13. The pension shall not be reduced by any deduction, shall never be trans ferred to a third party in advance, and can never be attached.
§ 14. As children entitled to pension, are considered the own, legitimate children until the completed twenty-first year of life, without regard to whether they are already married or have acquired otherwise a yearly income of their own.
Children legitimized by subsequent marriage shall also be considered as legitimate children after the marriage shall have lasted for five years.
Further provisions concerning children shall apply only to children entitled to pension.
§ 15. The full title to pension on the part of the widow shall begin only after the marriage shall have lasted for one year and shall continue until her death, unless she is married again, in which event she shall have no further claim of any kind.
If the widow has not been married for a full year she shall, however, have a partial title to pension, so that after a marriage of not fully six months the widow shall receive one-fourth, from six to nine months one-half, from nine to twelve months three-fourths, of the amount of pension her husband may have insured for her.
For a posthumous child from such marriage, however, the claim to the orphan's pension shall in every case remain unreduced. Child and mother shall then receive the entire pension as long as the former shall remain entitled to pension.
The payment of the pro nunc mentioned under § 12 shall not be affected by the time of marriage.
§ 16. If a member of the Widows and Orphans' Pension Institute shall die— (a) Without leaving a widow and children all liability on the part of the institute with reference to him shall cease;
(b) Leaving a widow without children, the widow shall receive the full
pension as long as she shall remain in the state of widowhood; (c) Leaving children without a widow, the children shall receive the full
pension as long as a child entitled to pension shall remain;
(d) Leaving a widow and children, the widow shall receive one-half of the pension as long as she remains in the state of widowhood, and the children together the other half as long as a child entitled to pension shall remain. If there shall be no longer a child entitled to pension, or if the widow shall previously die or be again married, the remaining party shall receive the entire pension and the provisions under b and c shall then apply.
If children of different marriages should compete with the widow, and if no amicable arrangement should be made as to the distribution of the pension, the highest courts reserve decision thereon.
§ 17. The collection of the pensions shall be made at Jena against regular receipt, which receipt, with reference to the widow, shall require no further formality, but which, if she shall reside abroad, shall contain a judicial, police, or parochial certificate of life and widowhood, and which, with reference to the children, shall be signed by the guardian, and, at the first payment, also provided with the necessary certificate as to their occupation, the number of children, their names, and days of birth.
The recipients shall be permitted for their convenience to collect the pensions semiannually or annually against receipt, in such a way, however, that the advance payment shall never exceed a quarter of a year. Also such semiannual or annual payments shall not extend from one account year into another. § 18. The receipts of the new Widows and Orphans' Pension Institute shall consist:
(a) of the annual contributions and entrance fees of its members; (b) of the interest from the stock capital which, under § 1, shall be transferred in its entirety from the older Widows' Institute to the new Widows and Orphans' Pension Institute, and which shall also incorporate the until now separately accumulated beadle's widows' fund against continued payment of the pensions at present allowed therefrom, and which shall be increased by every eventual surplus; (c) of the interest on the invested part of the reserve fund; (d) of the allowances from the academic fiscus which the latter pays in
case of need for the interested parties of the new Widows and Orphans' Pension Institute to the extent indicated in further detail in § 20, without mentioning the guaranty given to the members of the older Widows' Institute in § 17 of the statutes of 1817.
§ 19. The entrance fees and the annual contributions of all new members shall be added to a reserve fund, as long as there shall be no widows of such members, in their entire amount, and, if there shall be such widows, to the amount in which they shall not be required for their pensions in the course of the fiscal year. The interest from this reserve fund shall also be incorporated in the same fund until it shall have reached 25,000 thalers.
The annual contributions of the older members, on the other hand, shall be applied as heretofore to the pensions of the widows of these members.
§ 20. If in the course of a fiscal year less than 2,500 thalers had to be added for the interested parties of the older Widows' Institute from the academic fiscus, then each time at the close of the year the less amount not required shall, instead of reverting to the academic fiscus, be paid to the new pension institute, and, in so far as it shall not be required there immediately for pension payments, be added to the reserve fund. These additional payments shall be continued, in any event, until the reserve fund shall have reached its normal amount of 25,000 thalers.
§ 21. While the institute embraces the former and the new members as a compact whole, the accounts of the institute shall be kept in three separate divisions with reference to the differences in the rights and duties of the former and the future members.
I. The division for the former members (the “older institute") shall derive the means for defraying the entire costs of administration, as well as for the pensions it may have to pay
(a) From the statutory contributions of its members; and
(b) The interest of the capital fund of the combined institute (§ 1);
(c) The remainder of the pensions not covered by these shall be paid from contributions of the academic fiscus.
II. The division for the new members (the new institute") shall defray the pensions for which it is liable and as soon as the "older institute" shall