government concerning the right of emigration with regard to the consumption of a pension in foreign parts. By foreign parts there are to be understood here, as in §§ 19 and 36 of the law of March 7, 1835, all states not belonging to the German Empire. § 46. State officials appointed before October 15, 1848, shall retain the eventually more favorable pension claims due them under the law of March 7, 1835, with reference to part of their service income already drawn up to this time. The pensions of officials who, at the time of the promulgation of the present law, are already pensioned shall suffer no change thereby. § 47. If a pensioned former state official has been sentenced to imprisonment on account of a crime committed before or after his being pensioned, or on account of a previous or subsequent misdemeanor for which he can be sentenced to loss of the right to hold public office or under the provisions of § 32, subpar. 1, of the Imperial Code of Penal Law, to loss of civil rights of honor, he can be deprived of his pension. The sentence of loss of pension shall proceed from the disciplinary court (Disziplinargericht) and shall result for the sentenced individual in the loss of the title and rank which may have been left to him when he was pensioned. The proceeding is prescribed in §§ 20 to 30. In case of conviction the provisions of § 35, subpar. 2, shall respectively apply. The withdrawal of title and rank may be decreed against a pensioner by the ministry under which he was last employed, before being pensioned in every case, if the pensioner in his conduct shows himself unworthy of public esteem. Before such decree the pensioner shall be given opportunity to present whatever may serve his justification or excuse. Against the decree of the respective ministry appeal may be made to the joint ministry (Gesamt Ministerium). § 48. In the absence of the relicts designated in § 40 of the law of March 7, 1835, the gratuity (Gnadengenuss) may be granted also if the deceased leaves in destitution legitimate progeny of the second or more remote degrees, parents, brothers or sisters, nephews or nieces, or foster children whose provider he was, or if his estate is not sufficient to pay the expenses of the last sickness or of the burial. $ 49. To whom payment of the gratuity shall be made shall be determined in each individual case by the respective superior official authority. The gratuity can not become subject to attachment. Given at Dresden on June 3, 1876. VI. THE UNIVERSITIES OF THE GRAND DUCHY OF BADEN. A. PENSIONING THE WIDOWS AND ORPHANS OF TEACHERS AND OFFICIALS. The pensioning of the widows and orphans of teachers and officials at the two universities, Heidelberg and Freiburg in Baden, is regulated by the law for officials of July 24, 1888, which applies to all officials of the Grand Duchy of Baden (Jl. of Laws and Regulations (Gesetz- u. Verordnungsblatt), 1888, No. XXXIV). Under this each widow of a regularly appointed official and also the widow of each regular teacher or official of the universities of Heidelberg and Freiburg in Baden, who has earned a claim to service pension or has died in consequence of some disease, wound, or other injury contracted in the exercise of or occasioned by his service without any fault of his, receives a pension of 30 per cent of the determining estimate of income of her deceased husband. The statutory orphan's pension carries: (a) For children whose mother is living and entitled to the payment of ED 1904 M-14 Under certain conditions the statutory pension amounts are paid also to the relicts of a teacher or official deceased in a nonstatutory position or retired therefrom with service pension. In return for these pension claims of their relicts the teachers and officials of the universities, as well as all other State officials, have to pay, as a rule, into the widows' fund of the officials 3 per cent of the determining estimate of their income, respectively, of their service pension (Rukegehalt). The detailed provisions concerning the pensions of relicts are contained in the fifth and sixth sections of the above-mentioned law of July 24, 1888, of which §§ 55 to 88, referring to this, are as follows: Fifth section: Pensions of relicts. I. PENSION AT DEATH (STERBEGEHALT). $55. Claim to pension at death in general.—The relicts of a regular official shall receive as Sterbegehalt for the three months succeeding the day of death the full amount of salary and rent money drawn by the official and of the supplementary salary eventually allowed for the chief service. From variable incomes and incomes in kind, a Sterbegehalt shall be granted only if the function has occupied the whole time and energy of the official and only in so far as such allowances are included in the estimate of income (§ 18).a If the official enjoyed free residence, the Sterbegehalt shall be paid from the item of rent money of the respective local fund. The relicts of an official who at the time of his death drew service pension shall receive as Sterbegehalt the amount of the service pension for three months. § 56. Relicts entitled and competent to draw pensions.-As relicts in the sense of the preceding paragraph shall be considered the widow and the legitimate children of the official. In the absence of relicts entitled to claims, the Sterbegehalt may be granted wholly or in part, nevertheless, if the deceased has left in destitution parents, grandparents, brothers or sisters, nephews or nieces, adopted children, stepchildren, or foster children whose provider he was, or if the estate is not sufficient to meet the expenses of the last sickness and burial. § 57. Optional Sterbegehalt.-The relatives of a nonstatutory official, as designated in § 56, subparagraph 1, whose function shall have required his entire time and energy, may be granted a Sterbegehalt of one monthly installment of the service income, service pension, or gratuity pension of the official at their request, if the conditions under subparagraph 2 of § 56 exist. § 58. Decision as to the granting of Sterbegehalt.-As to the question to whom the payment of the Sterbegehalt can be legally paid and how it shall be divided among several persons entitled to payment or respective participants under § 56, subparagraph 2, and § 57, the order of the respectively competent ministry shall decide with exclusion of recourse to law. II. RELICTS' PENSIONS. $59. The claims of the relicts to pension.-The relicts of a statutory official shall receive in the event of the death of the official after this law shall take effect, pensions-widows' pensions, orphans' pensions (Wittwengeld, Waisengeld)—in accordance with the following provisions: § 60. Persons entitled to claims.--As relicts in the sense of the preceding paragraph shall be considered the widow, as long as she is not married, and the legitimate unmarried children of the official until the completed eighteenth year of life. The widow and the surviving children of an official from a marriage con a § 18 of the law of July 24 is as follows: For the determination of service pensions, gratuity pensions, and widows' pensions, as well as of the contributions to the widows' fund by statutory officials, the estimate of income shall serve as basis. The estimate of income shall be composed, as to the kind of payments due the officials, us follows: 1. The amount of salary allowed the official (§ 17, No. 1). 2. The estimated amount of rent money (Wohnungsgeld) § 17, No. 1, and § 24. 3. The regulated estimate of value for variable payments (§ 17, No. 4.) 4. The regulated estimate of value of payments in kind (§ 17, No. 5). cluded after his retirement shall have no claim to pension, except in case of temporary retirement (§§ 32 and 33).a The widow shall have no claim to widow's pension, if her marriage with the deceased was concluded at a time when his life was in serious danger from sickness, in so far as death ensued within three months after the conclusion of marriage. § 61. The statutory widow's pension.-Claim to the statutory widow's pension shall be held by the widow, if the statutory official died after earning a claim to retirement pension or in consequence of one of the causes indicated under § 34, subparagraph 2, No. 2. The statutory widow's pension shall carry 30 per cent of the determining estimate of income (§ 18). In the cases of §§ 63, 67, and 76, subparagraph 2, the estimate of the income shall decide which had been assumed until the death as a basis for the payment of the contribution to the widows' fund; in all other cases the regular estimate of all service payments which the official drew immediately before his death, respectively, before his retirement. The amount of the estimate exceeding 10,000 marks shall in all cases be omitted from computation. § 62. The statutory orphan's pension.-Children shall have claim to the statutory orphan's pension under the provisions of § 61, subparagraph 1. The statutory orphan's pension shall carry : (a) For children whose mother is still living and entitled to a widow's pension at the time of the official's death-two-tenths of the widow's pension for each child. (b) For children whose mother is no longer living or not entitled to the payment of a widow's pension at the time of the official's deathif only one such child existed, four-tenths; if two such children existed, seven-tenths; if three or more such children existed, for each of them three-tenths of the widow's pension. § 63. Exceptional claim of the relicts of a nonstatutory official to the statutory pension. The relicts of an official who died in nonstatutory (nicht etatsmässig) position or had been retired from such position with retirement pension, shall have claim to the lawful pension, if the official under the provisions of § 43,6 giving title to retirement pension has been transferred from a statutory position formerly occupied by him to the nonstatutory position, and has continued payment of the contribution to the widow's fund under § 73 until his death. The claim shall not be valid for relicts derived from a marriage concluded after the transfer to the noustatutory position. § 64. Reduction of the pension.-The total amount of the widow's and orphans' pension shall not exceed the retirement pension to the payment of which the official was entitled on the day of his death, respectively, would have been entitled under § 34, subparagraph 2, No. 2, in case of retirement. • §§ 32 and 33 of the law of July 24, 1888. are as follows: $32. The members of the highest state authority shall be competent at any time to be placed into temporary retirement and to request temporary retirement, even in the absence of the provisions of § 28, and without recourse to the proceedings indicated in §§ 29 to 31. § 33. Statutory officials for whose employment in the public service there shall be no further occasion in consequence of some change in the organization of the authorities or their departments, furthermore for other solid reasons the diplomatic representatives, the directors and members of the ministries, the directors of the central-middle offices (central mittelstellen), the first state attorney (oberstaatsanwalt), and the officers of grand ducal privy council may be placed under temporary retirement, even in the absence of the provisions of § 28, and without recourse to the proceedings indicated in §§ 29 to 31." § 43 of the law of July 24, 1888, is as follows: If an official, who has earned in a statutory position a legal claim to retirement pension in case of his retirement, is transferred to a nonstatutory (nicht etatsmässig) position, and later on is relieved, for one of the reasons given under § 28, Nos. 1 to 3, he shall have claim to a retirement pension computed on the basis of the last estimate of income of the statutory position and the time of service up to the time of such transfer.” For weighty reasons, however, he may be credited in the computation with the later time of service, wholly or in part. There shall be no claim, if the transfer to the nonstatutory position has been made under one of the provisions of $42, subparagraph 2. § 34 of the law of July 24, 1888, is as follows: "A statutory official, who may be retired after a time of service of at least ten years (comp. 37 ff.), shall have claim to retirement pension for life under the following provisions, in so far as this retirement [was not caused?] by an affliction due to his own gross fault. "Even with a time of service of less than ten years, there shall be claim to retirement pension, if the retirement was made: "1. Under §§ 32 and 33, or "2. On account of some disease, wound, or other injury, clearly brought upon the official in the exercise of his service or in consequence thereof without fault of his own." In applying this limitation both the widow's and the orphans' pensions shall be proportionally reduced. If later on claims are withdrawn, the widows' and orphans' pension of the remaining claimants shall be proportionally increased within lawful limits with the beginning of the succeeding month. § 65. Reduction of the widow's pension.-If the widow is younger than the deceased official by thirty years or more, the widow's pension computed under the preceding paragraphs shall be reduced as follows: With a difference in age of fully thirty to thirty-five-years, by one-tenth; With a difference of more than thirty-five but not over forty years, by twotenths; With a difference of more than forty years, by three-tenths. Such reduction shall have no influence upon the amount of the orphans' pension (§§ 62, 64). § 66. Limited widows' and orphans' pensions.--The relicts shall have claim to limited pensions if— 1. An official died in a statutory position but before he had earned claim to retirement salary and in the absence of the conditions of § 34, subparagraph 2, No. 2, or if 2. A statutory official, who has been retired without claim to retirement salary, shall have continued payment of the contributions to the widows' fund, under § 74, until his death in retirement. The limited pension shall carry 80, respectively 60, per cent of the amount to be computed under the preceding provisions, according to whether the official has the right to be credited with a time of service of at least five years or less than five years. In this the amount of retirement salary admissible under § 45 a shall take the place of that designated in § 64, subparagraph 1. § 67. Limited pension in case of relief from the state service.-Claim to limited pension shall be due, furthermore, to the relicts of an official relieved' from public service by whom the contributions to the widows' fund shall have been paid up to his death, if the official, after remaining at least ten years in the public service, voluntarily resigned from it for the purpose of assuming the office of first burgomaster (Aberbürgermeister) or burgomaster in the communal service of the home country or as registrar of real estate and mortgages in one of the cities under the city regulations and retained his claim to widows' and orphans' pensions in accordance with § 75. § 68. Rounding (aufrundung) of contributions.—Fractional parts, resulting from the computation of the yearly payments of a person entitled to pension, shall be counted as a full mark without prejudice to the provision of § 64. § 69. Beginning and end of payment.-Payment of pension shall begin after the end of the month following the month of death. It shall end with the end of the month in which the claim to payment shall be extinguished. III. CONTRIBUTION TO THE WIDOWS' FUND. § 70. Obligation to the payment of contributions to the widows' fund.-Every statutory official is under obligation to pay contributions to the widows' fund. The contribution to the widows' fund shall be collected regularly in those periods of time in which the service income or the retirement salary is payable by retention of a corresponding part of these payments. In order to cover the eventual nonpayment of contribution to the widows' fund at the death of an official, the Sterbegehalt and the next payable installments of the pensions shall be available. § 71. Beginning of the obligation.-The obligation of payment of the contribution to the widows' fund shall begin 1. For those officials who, when this law shall take effect, shall be under statutory appointment, with just this time; 2. For officials who shall receive appointment later on, with the beginning of the month in which this appointment shall take effect. § 72. Extinction of the obligation.-The obligation of payment of the contribution to the widows' fund shall cease 1. With the death of the official; § 45 of the law of July 24, 1888, is as follows: "If a statutory official who has no legal claim to retirement salary shall be retired under $28, he may be allowed, in correspondence with the necessities existing in the personal conditions, a revocable retirement salary not exceeding 30 per cent of the estimate of income last fixed for computation." § 72. Extinction of the obligation-Continued. 2. With voluntary or involuntary relief from statutory appointment, with reservation of the provisions in §§ 73, 75; 3. With the retirement of an official without claim to retirement salary, with reservation of the provision of § 74; 4. With the retirement of an official, in so far as he is neither married nor has unmarried legitimate children under 18 years of age (§ 60); and 5. For retired officials on entrance into the condition indicated under No. 4-a marriage concluded after retirement or the presence of children from such marriage shall not prevent the extinction of the obligation. The temporary retirement of an official (§§ 32 and 33) shall not entail the extinction of the obligation of payment of contribution to the widows' fund. § 73. Payment of contributions to the widows' fund by nonstatutory officials.— If a statutory official, who either is married or has unmarried legitimate children under 18 years of age (§ 60), is transferred to a nonstatutory position under the conditions of § 43 conferring title to retirement salary, he can retain the claim to widows' pension by obligating himself to the continuance of payment of his previous contributions to the widows' fund. The declaration that the official will avail himself of this privilege shall be made within a term of three months from his entrance upon the nonstatutory position, on penalty of loss of this privilege. The official may at any time give up the claim to pension thus retained, and shall thereby be relieved of the obligation of payment of contribution to the widows' fund. If in spite of repeated requests the contributions remain unpaid for a period of at least six months, this fact may be considered as renunciation of the claim. Besides, the payment of contributions shall cease in every case if the official no longer has relatives entitled to pension from a marriage concluded before relief from the statutory position. § 74. Payment of the contribution to the widows' fund by officials who may have been retired without claim to retirement.-If a statutory official who either is married or has unmarried legitimate children under 18 years (§ 60) is retired without claim to retirement salary, he can retain the claim to widows' pension by obligating himself to continuance of payment of 80 per cent, respectively 60 per cent, of his previous contribution to the widows' fund, according to the incidence of one of the conditions indicated in § 66, subparagraph 2. The provisions of § 73, subparagraphs 2 and 3, apply to this case, respectively. Payment of contribution shall cease if the official no longer has relatives entitled to pension from a marriage concluded before his retirement. § 75. Payment of contributions to the widows' fund by officials voluntarily relieved. If a statutory official who either is married or has unmarried children under 18 years (§ 60) withdraws voluntarily from the service, he may retain his title to widows' pension by obligating himself to the continuance of payment of the contribution to the widows' fund, determined on the basis of the estimate of income at the time of his withdrawal. The claim shall be valid only for the relicts from a marriage concluded before withdrawal. The retention of the claim is not admissible, if the withdrawing official, by virtue of the service into which he may pass from the state service, shall acquire for his relicts a claim to widows' pension. The provisions of § 73, subparagraphs 2 and 4, apply to this case, respectively. § 76. Amount of the contribution to the widows' fund from officials in office.— As long as the official draws his service income, the amount of his contribution to the widows' fund shall be 3 per cent of the determining estimate of income (§ 18). If an official, under the conditions of § 42 leading to the computation of a higher estimate of income,a has been transferred to a position with lower esti § 42 of the law of July 24, 1888, is as follows: If an official who has held for at least one year an office with higher estimate of income shall later on be transferred to an office with lower estimate of income, then in case of his retirement his retirement salary shall be computed on the basis of his former higher estimate of income: Provided, however, That the retirement salary shall not exceed the amount of the computing estimate of income holding immediately before retirement." There shall be no claim to the assumption of the higher estimate of income as computing basis if 1. The office to which the official was transferred with reduction of the estimate of income does not require the full time and energy of the official, or if 2. The transfer to the office with lower estimate of income has resulted in consequence of some violation of the official duties or exclusively at the request of the official made in his own interest. |