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Montag, 17 Juni 2013 12:59

Altersrente (FRG)

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Das Bundesverfassungsgericht hat mit Beschluß vom 13.06.06 (Aktenzeichen AZ: 1 BvL 9/00; 1 BvL 11/00; 1 BvL 12/00; 1 BvL 5/01; 1 BvL 10/04) festgestellt, daß die Begrenzung von Vertriebenenrenten auf 60 % mit dem Grundgesetz teilweise vereinbar ist. Gewisse Ausnahmen sollen nur für Gruppen von  Personen geltend, die vor dem 01.01.1991 nach Deutschland übergesiedelt sind. Das Gesetz ist zum 1.5.07 dahingehend geändert worden, daß für Personen, die vor dem 1.1.91 übergesiedelt sind, deren Rente nach dem 30.9.96 beginnt und über deren Rentenantrag oder über deren bis zum 31.12.04 gestellten Antrag auf Rücknahme des Rentenbescheides am 30.6.06 noch nicht rechtskräftig entschieden worden ist, ein abgestufter Zuschlag an persönlichen Entgeltpunkten ermittelt wird (Art. 6 § 4c FANG). Der Zuschlag an persönlichen Entgeltpunkten ergibt sich aus der Differenz zwischen der mit und ohne Anwendung des § 22 Abs. 4 FRG ermittelten Summe aller persönlichen Entgeltpunkte. Dieser Zuschlag wird monatlich für die Zeit des Rentenbezugs vom 1.10.96 bis 30.6.97 voll, vom 1.7.97 bis 30.6.98 zu drei Vierteln, vom 1.7.98 bis 30.6.99 zur Hälfte und vom 1.7.99 bis 30.6.00 zu einem Viertel gezahlt. Für die Zeit des Rentenbezugs ab 1.7.00 wird der Zuschlag nicht gezahlt.

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