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Your excellency is respectfully requested to report to me on or before March 10 of each year the amounts ordered for payment, giving the names of the recipients, as well as the names and official positions of their deceased husbands or fathers.
B.-PROVISIONS FOR THE WIDOWS AND ORPHANS OF OFFICIALS
The pensioning of the widows and orphans of the officials employed at the Prussian universities, the Academy of Muenster, and the Lyceum Hosianum of Braunsberg is conducted now in accordance with the law applying to all immediate state officials concerning the pensioning of the widows and orphans of immediate state officials of May 20, 1882 (GS., p. 298), respectively the law of March 28, 1888 (GS., p. 48), concerning the discontinuance of the fees of immediate state officials for the widows and orphans' fund, in so far as the statutes of individual institutions for pensioning professors' widows and orphans, operative since April 1, 1889, do not expressly reserve for them their membership claims guaranteed to them in former statutes for the time of their connection with the respective university.
§§ 7 to 13 and 15 to 20 of the law of May 20, 1882, bearing upon this, are as follows:
§7. The widow and the surviving legitimate children or children legitimized by subsequent marriage of an official liable at the time of his death to payment of fees for the widows and orphans' fund," shall receive widows' and orphans' pensions in accordance with the following provisions :
$8. The widow's pension shall be one-third of the pension which the deceased could claim, or could have claimed if he had been retired on the day of his death.
The widow's pension shall, however, carry at least 160 marks and not exceed 1,600 marks, under the limitation contained in §10.
89. The orphan's pension shall be-
1. For children whose mother is living and entitled to a widow's pension, one-fifth of the widow's pension for each child.
2. For children whose mother is not living or not entitled to a widow's pension at the time of the death of the official, one-third of the widow's pension for each child.
§10. Widows' and orphans' pensions, singly or in the aggregate, shall 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 this limitation the widows' and orphans' pensions shall be reduced proportionately.
$11. Upon the withdrawal of widows' and orphans' claim, the widows' and orphans' pensions of the remaining claimants for the following month shall be increased, in so far as they may not as yet be in full enjoyment of the amounts due them under §§ 8 to 10.
$12. Should the widow have been more than fifteen years the junior of the deceased, then the widow's pension, estimated in accordance with §§ 8 to 10, shall be reduced 5 per cent for each beginning year over fifteen, and including the twenty-fifth year.
These reductions of widows' pensions shall not apply to the amount of the widows' pensions to be estimated under $9.
§13. The widow shall have no claim upon a widow's pension if the marriage with the deceased was concluded within three months of his death and the conclusion of marriage was entered into for the purpose of securing the payment of the widows' pension.
$14. The widow of a pensioned official and the surviving children from such marriage shall have no claim upon widows' and orphans' pensions if the marriage shall have been concluded after the retirement of the official.
Fees for the widows and orphans' fund have ceased to be levied since April 1, 1888. Article I of the law of March 28, 1888 (GS., p. 48), concerning the discontinuance of these fees, is as follows:
The fees for the widows' and orphans' funds that are due in accordance with the law of May 20, 1882 (GS., p. 298), concerning pensions for the widows and orphans of immediate state officials shall cease to be levied after April 1, 1888, without detriment to the claims upon widows' and orphans' pensions connected with this duty.”
$15. Payment of the widows' and orphans' pensions shall begin with the lapse of the quarter of grace or the month of grace.
$16. Widows' and orphans' pensions shall be paid monthly in advance. The person to whom valid payment shall be made shall be named by the chief of the department, who may, however, transfer such authority to the provincial board.
Installments of widows' and orphans' pensions that shall not have been claimed within four years from the day they may have been due shall be superannuated for the benefit of the exchequer of the state.
$17. The widows' and orphans' pensions can not be legally resigned nor given in mortgage a or otherwise transferred.
§18. The claim upon widows' and orphans' pensions shall become extinct :
1. For any claimant with the end of the month in which he or she is married or dies;
2. Moreover, with any orphan with the end of the month in which he or she shall complete the eighteenth year of life.
$19. The claim upon payment of a widow's or orphan's pension shall be suspended when the claimant loses German citizenship until its eventual recovery.
§20. In accordance with the provisions of §16, the decision as to whether the widow and orphans of an official shall be entitled to pension and as to the amount of such pension belongs to the chief of the department, who may, however, transfer such authority to the provincial board.
The appeal to courts of justice shall be open to parties concerned. However, the decision of the chief of the department shall have preceded the complaint,' and such complaint, on penalty of loss of the right to complain, shall be made within six months after the decision of the chief of the department shall have have been isued.
C. PROVISIONS CONCERNING PENSIONS OF PRUSSIAN UNIVERSITY PROFESSORS AND OFFICIALS.
With reference to the periodic service increase of salaries (Dienstalterszulagen) the royal decree of October 21, 1897, introduces, however, an essential limitation as to the payments of honoraria. One-half of the honoraria for lectures of regularly paid professors reverts to the exchequer of the state, in so far as the amount paid in for one professor, after deduction of the contribution to the expenses of the financial administration, shall exceed in one financial year 3,000 marks; in Berlin, 4,500 marks. This provision, however, shall apply only with their consent to the professors who may hold positions at the time it becomes operative and as long as they are not transferred to some other professorship. The professors who may have given their consent have been entered into the system of periodic service increase of salaries; the others have retained their former salary. Inasmuch as the reduction in the honoraria has been ordered for all new transfers of regular professorships, deviation from this in individual cases and the payment to the (respective) professor of the entire college honorarium can be granted only with royal consent.
That a professorship should involve the payment of a salary does not seem necessary. The ordinary professors draw salaries regularly; the extraordinary professors in great part; the honorary professors, as such, never. A new principle of administration is not again to appoint extraordinary professors without salaries. Such will, therefore, hereafter be appointed, as a rule, for vacant statutory positions, or, if they hold some other official position, with a salary.
The amount of salary formerly was a fixed sum, determined by the position without claim or even reasonable prospect of an increase of salary. This system has been continued for those professors already in office who did not submit to the deductions from honoraria ordered in the royal decree of October 21, 1897. It is destined in future to die out.
With regard to the mortgaging of widows' and orphans' pensions, the provisions of $749 of the civil code of the German Empire shall apply.
In accordance with $39, No 1, of the executive law of the German judicial code of April 24, 1878 (GS., p. 230), the provincial tribunal (Landgericht) alone is competent for such complaint, inasmuch as widows' and orphans' pensions constitute a part of the salaries, respectively, of the pensions of officials.
Salaries are fixed now as follows:
Ordinary professors draw
In Berlin, a foundation salary of 4,800 marks, increased in six service periods of four years each by 400 marks each.
In other universities, a foundation salary of 4,000 marks, increased in five service periods of four years each by 400 marks each. Extraordinary professors draw
In Berlin, a foundation salary of 2,400 marks, increasing in six service periods of four years each by 400 marks each.
In other universities, a foundation salary of 2,000 marks, increased in five service periods of four years each by 400 marks each.
In special cases, however, different salary conditions may be agreed upon. This schedule of salaries does not apply to professors—
1. Who hold or have held some other office entitling them to pension or to remuneration for loss of time while waiting for a promised position (Wartegeld);
2. Who hold in addition to the professorship a private position involving a regular continuous income (except a purely scientific occupation);
3. Who are engaged in medical practice or other practical, profitable vocation, or who are likely to be so engaged;
4. Who draw an extra salary from the Berlin Academy of Sciences or from the Göttingen Association of Sciences; and
5. Who, with their consent, are relieved from the duty of lecturing, or concerning whom, after decision by the minister of education, assumptions exist under which nonjudicial officials can be retired.
In the year 1899 these exceptions were found to exist, the first with 34 (11 ordinary, 23 extraordinary), the second with 1, the third with 70 (40 ordinary, 30 extraordinary), excluding physicians, the fourth with 5, and the fifth with 32 (22 ordinary, 10 extraordinary) professors; in all, therefore, 142.
Of a total of 738 (530 ordinary, 208 extraordinary) professors, 192 already draw the maximum salary fixed by the new regulations; 142 withdrew under the application of the above principles of exclusion. There remained, therefore, 404 participants, to whom the new schedule of salaries as such would have applied. Of these, however, 43 failed to join the new system, preferring not to submit to the deduction of lecture honoraria.
By special agreement between the ministry of instruction and the ministry of finance, moreover, the following provisions have been made:
If a professor, in addition to his salary as professor, draws a continuous income of 1,800 marks from public or private vocation, this will be credited to the increments of salary. This, however, does not include—
1. The income from literary activity of a purely scientific character;
2. Honoraria for university lectures and examination fees, with the exception of promotion fees;
3. Regular salaries of the members and secretaries of the Berlin Academy of Sciences and of the Göttingen Association of Sciences and of the members of the Institute for the Survey of the German Seas at Kiel; and
4. The salaries and remunerations of the teachers of the Emperor William Academy at Berlin and of the Marine Academy at Kiel.
This involves five cases."
The regular ordinary and extraordinary professors, like all other immediate State officials, have claim, in addition to their salaries, to rental money in accordance with the law of May 12, 1873, and the amendment of June 28, 1875, (G. S., 1873, p. 122; 1875, p. 370.)
The amount of rental money is determined by the service rank involved in the office and not by the personal higher rank. Accordingly, the rentals of the fourth and fifth classes, the same for both, apply to professors. It amounts annually, in Berlin, to 900 marks; for the first service class, 660 marks; the second, 540 marks; the third, 480 marks; the fourth, 420 marks, and the fifth, 360 marks. Of the Prussian university cities Bonn, Breslau, Halle, Kiel, Konigsberg, and Münster belong to the first class; Goettingen, Greifswald, and Marburg to the second; Braunsberg to the third.
Professors are not pensioned. They have, therefore, no claim on pensions. The relicts of professors have, primarily, claim upon gratuities of competency (Gnadenkompetenzen) according to provisions for other State officials
a The entire material concerning the new schedule of salaries has been entered in the publications of the House of Delegates, 1899, Suppl. Vol. 3, No. 71.
under the law of February 6, 1881 (G. S., 1881, p. 17). These allowances consist in the continuance of the official salary for the three months next following the month of death, excluding the month of death. This allowance is not combined with the heritable estate, but is assigned to the widow, the children, and grandchildren of the official-even if they are not heirs-in such a way that no creditor of the deceased can lay claim to it. Moreover, the chiefs of departments may assign the gratuities of competency also to other persons whose only provider was the deceased. The year of grace (Gnadenjahr), formerly customary in many instances for relicts of professors, is discontinued for the future. The gratuities of competency can be granted only from salary and rental money. On the other hand, the honorarium for lectures already paid shall be returned if at the death of a professor in the course of a semester the lecture course is not in its essentials completed.
The relicts have further claim on widows' and orphans' pensions.
Before the new regulation of pensions of relicts a professor, in accordance with the ministerial order of June 9, 1838, could buy for his wife membership either in the General Pension Institute for Widows or in the institution for the pensioning of professors' widows and orphans connected with every university. With one or the other of these funds, however, the insurance was obligatory. Now the law of May 20, 1882, concerning provision for the widows and orphans of immediate State officials (G. S., 1882, pp. 298 ff.), has abrogated these practices, inasmuch as it prohibits the officials from joining the General Pension Institute for Widows and imposes upon them, on the other hand, the obligation of paying widows' and orphans' fees into the exchequer of the State. With the abrogation of these widows' and orphans' fees by the law of March 28, 1888, the former insurance was supplanted with the direct pensioning of the relicts by the State. Inasmuch, however, as the new plan of pensioning the relicts referred only to the State officials entitled to service pensions, the professors were excluded therefrom. For them pensioning continued through the funds for the pensioning of professors' widows and orphans.
Now since all other professional State officials were assured pensions for widows and orphans by the State without payment of fees, it seemed unfair that only the professors should pay such fees. The payment of the fees of the professors was, therefore, also assumed by the State under maintenance of the existing widows' funds. On the other hand, since the professors draw no service pensions, the amounts of the widows' and orphans' pensions had to be fixed independently. These new provisions for the pensioning of the widows and orphans of university profesors are contained in the royal decree of May 20, 1889. After 1897-98 considerable increase has been ordered.
The relicts of professors holding positions with salaries from the exchequer of the university receive, accordingly, the following pensions :
1. Widows' pensions:
The widow of an ordinary professor
The widow of an extraordinary professor_.
2. Orphans' pensions :
A whole orphan
Each additional whole orphan__
A half orphan___.
Each additional half orphan___
The fees heretofore paid by the members for the funds are discontinued. The payments of the funds are defrayed from the income of their assets, and in so far as these may be insufficient from contributions by the State. For the professors of the academy at Münster and the Lyceum Hosianum at Braunsberg, which heretofore had no special funds, the payments are simply assumed by the State. In so far as the State contribution, estimated at annually 160,000 marks, is not required to meet the obligations of the funds, the surplus is to be turned over to existing funds for the increase of their assets.
In order to bring their organizations into agreement with the provisions of this decree, all the institutions for the pensioning of professors' widows and orphans at the nine universities revised their statutes in special general assemblies.b
The membership of the funds is now limited to the professors that occupy positions with salaries from the exchequer of the university. They are ex officio
Central-Blatt für die gesamte Unterrichts-Verwaiting i. Pr., Suppl., 1890, p. 3.
members of the institution. Others, however, that were members at the time the new statutes went into effect and that do not draw salaries from the exchequer of the university retain their membership during their connection with the university.
The payments by the funds are determined by the decree of May 20, 1889. Special reservations were required with regard to those widows that were considerably younger than the deceased husband. If the widow was younger than the deceased by more than fifteen years, the widow's pension was reduced 5 per cent for each beginning year of the difference in age over fifteen to twentyfive, inclusive. The widow has no claim to a pension if the marriage with the deceased was contracted within three months of his death and if the minister of education has reached the conviction on the ground of established facts that the marriage was contracted only in order to secure for the widow the payment of the pension.
The payment of the widow's and orphan's pension begins after the lapse of the period of grace and is made monthly in advance. The claim becomes extinct (1) for each claimant with the end of the month in which he or she is married or dies, (2) for each orphan, moreover, with the end of the month in which he or she completes the twenty-first year of life. The claim is suspended (1) if the claimant loses German citizenship until its eventual recovery; (2) as long as the claimant is entitled to a widow's or orphan's pension equal in amount to this pension on the ground of the imperial law of April 20, 1881, or of the Prussian law of May 20, 1882.
The leyying of fees on the part of members is, in general, discontinued. An exceptional position is occupied only by those members who occupy a salaried imperial or State office with title to pension, and who are nonsalaried professors. For the future such persons are wholly incompetent to become members; their existing membership rights, however, remain undisturbed. Their relicts, therefore, draw at the same time the payments from the State and from the univerity institutions. In return, however, the members are not relieved from the fees to the university funds.
Special transition provisions were found requisite for those members that had already acquired claims for their future relicts on the ground of the older statutes. To these the right of choice was conceded between the older claims and the newly established pension regulations.
On the whole, funds (Kassen) established as individual institutions with corporate rights continue to exist. The fees heretofore levied are supplanted by State contributions. The self-administration of the institutions is conducted in accordance with the same statutes by members of the university.
Inasmuch as the provisions concerning service pensions do not apply to the university professors, there is an utter lack of statutory prescriptions in this direction. Consequently assignment of service pensions to professors, in so far as they have not received special promises at their appointment, could be made only with the approval of the King. Practically another method has been chosen. The professor draws, during his lifetime, his full salary. He is, however, upon his motion, if he feels himself unable to perform service, relieved of the duty of lectures. If this motion has been granted, or if the professor otherwise seems incapable of performing his full duty, a substitute professorship, to be subsequently abandoned, is established whose occupant at the death of the professor incapable for service is promoted into his position without further action.
The regular professors draw, primarily, salaries. This amounts, at Charlottenburg, on an average, to 6,500 marks; at Hanover and Aachen, on an average, to 5,500 marks. To this is added, as per schedule, the rental of the first service class of, annually, 660 marks. The docents draw only remunerations.
Furthermore, a share in the honoraria for instruction is assured to all teachers in office, and this to the regular professors as not pensionable income. This share is one-fourth of the instruction fees collected for their instruction, or 10 marks from each practicant, with exercises for the entire day. This share of the honorarium must, however, not exceed 3,000 marks annually for a single teacher. As to the remainder, the teacher earns the honorarium for the State. The State, therefore, is financially interested that the lectures be delivered for fees (entgeltlich). The holding of free (not paid for) lecture courses is therefore prohibited without higher approval.
Finally, the minister has at his disposal a special supplementary fund for the employment of prominent teachers. The regular professors are pensioned, like other State officials, under the pension law of March 27, 1872 (G. S. 1872,