(a) Law concerning the legal status of state officials, as well as of the officials employed at Latin and real schools, of June 28, 1876. ALLOWANCES OF RELICTS. 1. Salary after death (Sterbenachgchalt). Article 54-If an official under employment entitled to pension (art. 2, subarts. 1 and 2)a or a retired official or a pensioner leaves a widow or legitimate children who shared the family residence with the deceased or who have not yet passed the eighteenth year of life, such relicts are entitled, as salary after death (Sterbenachgehalt) for the forty-five days succeeding the month of death (Sterbemonat), to the service salary, to the salary paid while at disposal (Wartegeld), or to the retirement salary of the deceased. In the absence of such relicts the payment of the Sterbenachgehalt may be granted also, if the deceased leaves in destitution adult children, grandchildren, parents, brothers or sisters, nephews or nieces, or foster children whose provider he was, or if his estate is not sufficient for payment of the expenses of his last sickness and his burial. The salary after death (Sterbenachgehalt), payment of which is to be made by the widows' fund with which the official was connected (§ 57), can not become subject to attachment. The prepaid monthly salary shall not be subject to restoration from the estate of officials who may leave no relatives entitled to (Sterbenachgehalt) (salary after death) or whose inheritance does not pass to such relatives, as well as from the estate of officials who were employed without title to pension. II. Pensions of widows and orphans. Article 55.--If, waiving the persons named in article 56, an active or retired official who at the time of his death had claim to pension or a pensioner leaves a widow or legitimate children under 18 years, these shall receive from the widows' fund for civil state officials, beginning with the lapse of the Sterbenachgehalt, the following amounts of yearly pension: 1. For the widow, one-third of the retirement salary of the deceased b whether the latter has been at pension or not; 2. For each legitimate child under 18 years, (a) if the mother is still living, one-fifth of this pension; (b) in other cases one-fourth of the pension of the widow. A claim to a widow's pension shall be lost if the competent court has decreed "Art 2, subarts. 1 and 2, of the law of June 28, is as follows: "With regard to the appointment and dismissal of the ministers or chiefs of departments and other members of the privy council the provision of the constitutional charter, § 57, subpar. 1, shall continue in force. The officials who are appointed for life are enumerated in Appendix I of this law." (The following officials are designated as employed for life in this appendix: The chancellor (Kanzler), the bailiff (Amtmann), and the cashier (Kassier); the ordinary and the extraordinary professors; the librarians who occupy this position as their chief office.) Concerning the computation of the time of service which shall be considered in determining the retirement salary, as well as concerning the amount of retirement salary, article 39 ff. provide as follows: Article 39. The time of service to be considered in determining the retirement salary shall be computed beginning with the day of appointment for life. To this there shall be added-if an appointment to a position held on quarterly notice (Append. II of this law) or the unofficial employment in domestic, state, or school service of a candidate of offi cially recognized competence, or the academic activity as private docent (Privatdozent) preceded--the time of service passed in such employment or activity after completion of the twenty-fifth year of life. At the University of Tübingen, under Appendix II of the law of June 28, 1886, the following are employed on quarterly notice: The language teachers, the music teachers, drawing teachers, riding teachers; then the dancing master, fencing master, the teacher of gymnastics; furthermore, the registrar of the university, the copyist of the university, the assistants at the library, the prosector, the preparator at the zoological cabinet, the medical assistants and stewards in the several clinical hospitals, the gardener, the mechanician of the technological and physical institute, and, finally, the beadles and the servants at the university institutes. Article 40. To the civil service there shall be added the time of active military servIce in the imperial army or in the imperial navy, as well as the time of former active military service in one of the States of the German Federation. If, however, participation in active military service occurs during employment in the civil service, double computation of the same period of time shall be inadmissible. Time of service before the eighteenth year of life shall not enter into computation. Only the military service given in time of war or with a mobilized or reserve army corps shall be computed without regard to the time of life. As time of war there shall be counted in this respect the time from the day of an ordered mobilization which is followed by a war. Article 41.-For each campaign in which an official has served in the imperial army, divorce or the annulment of the marriage or, before January 1, 1876, the permanent separation from bed and board. Each child from such separated marriage, however, shall receive until completion of the eighteenth year of life one-fourth of the pension to which the mother would have had claim, In computing the annual amounts of pension, the resulting pfennige are estimated as a full mark. To the King is reserved the right to consider distinguished merit of an official in determining the pension for his widow and orphans in accordance with the special circumstances. Article 56.-[Concerns the pensioning of the widows and orphans of directors or teachers who may have been appointed for life at an educational institution in acordance with article 16 of the law of July 6, 1842.] in the imperial navy, or in the army of one of the States of the German Federation in such a way that he actually faced the enemy or followed mobilized troops into the field or was on board of a vessel or ship of the imperial navy destined to be used against the enemy, one year shall be added to the actual period of his service. The provisions of the imperial law of March 31, 1873, concerning the status of the imperial officials, § 49, subpars. 2 and 3, and § 50, shall apply equally here. Article 2.-The time of service shall also include the time during which an official1. Has been in temporary quiescence with payment of Wartegeld (salary while waiting for appointment); or 2. Held a life appointment as imperial official; or 3. Was in the service of the royal court or the chamber of the royal court domain, with title to pension; or 4. Held an appointment in the domestic church or public school service or was employed unofficially (unständig) in such service under the provisions for such service with title to its consideration in the computation of time of service; or, finally, 5. Has been in unofficial (unständig) employment or as obligated personal assistant of an official in the domestic state service or at an educational institution named in Appendix I of this law, after completion of the thirtieth year of life and after passing a service examination, and in so far as the provision of article 39 does not apply to him. Article 43. With the approval of the King, there may also be added for special reasons to the time of service entitled to pension the time during which an official— 1. Has been in the service of another State of the German Federation, or even of a State not belonging to the German Empire, in corporate service or in private service; or 2. Has acted as attorney or notary. Article 44-On the other hand, in computing the time of service, there shall not be considered the time which passed before loss of service on the part of an official who at an earlier period lost his office by criminal or disciplinary process and was reappointed later on. With the exclusion of this case, a preceding interruption of state or school service shall not exclude the consideration of earlier years of service from computation of the service time entitling to pension on the part of an official. IV. Amount of the retirement salary and its payment. Article 45.--The basis for the computation of the amount of the retirement salary is the salary (art. 11, No. 1) which the official drew during the last year before the day of his retirement. With an official in temporary quiescence with Wartegeld, in the event of his retirement, the retirement salary is computed on the salary which he drew within the last year before the day of his temporary quiescence. Article 46.If an official who occupies several offices at the same time is relieved at the time of his retirement of only one or several of them, the provisions of article 16 shall be respectively applied. Article 47-The retirement salary, with entrance upon the tenth year of service, as well as in the case of article 30, amounts to 40 per cent of the service salary. With each further year of service, including the fortieth, it is increased 1. By 1 per cent of the amount of the salary up to and including 2,400 marks; and 2. By 1 per cent of the amount of the salary exceeding 2,400 marks. The King reserves the right in determining the retirement salary of an official to consider distinguished merit appropriately. The highest amount of a retirement salary is fixed at 6,000 marks. In computing the annual amounts of retirement salaries the resulting pfennige are estimated at a full mark. For articles 7 and 10 of the law of March 30, 1828, making further provision for the computation of the pensions of the widows and orphans of university professors, see below, page 191. Article 25, referred to under article 46, provides: "If an official occupies several offices at the same time and is relieved by quiescence of only one or more of them, it shall be determined whether heretofore he has drawn for each of these offices a separate salary or a total salary for all." In the first case he retains the salary of the office or offices of which he is not relieved without reduction and draws the Wartegeld only for the position or positions which cease. In the second case the share of the discontinued office in the total salary shall be determined with regard to the relative importance of each of the united offices and with regard to other conditions, and then the partial Wartegeld computed in accordance with the above provisions. Article 57.-The widows' and orphans' pensions, designated in articles 55 and 56 shall be defrayed first from the resources of the fund for widows' pensions established under the law of June 28, 1821, §§ 41 to 43, and under law A of July 6, 1842, article 28, additional need from allowances from the exchequer of the state. The direct income of these pension funds shall consist, in addition to the interest from the capital 1. Of the entrance fees, one-fourth of the salary (art. 11) of the official on first appointment with title to pension, and one-fourth of increments of salary. 2. Of the annual fees, annually 2 per cent of salary (Wartegeld) and retirement salary. The entrance fees and annual fees of the directors and teachers of educational institutions, as per article 16 of law A of July 6, 1842, shall belong to the widows and orphans' fund of the teachers; the entrance fees and annual fees of other officials, to the widows and orphans' fund of civil state officials. 3. In addition thereto both funds shall retain, respectively, the deductions from the pensions paid by them, which (deductions) are made on account of inequality of age on the part of husband and wife, if the wife is by more than 18 years younger than her deceased husband. These deductions shall be made under the following schedule: If the widow is more than 18 and up to 22 years younger, one-sixth; more than 22 and up to 26 years younger, two-sixths; more than 26 and up to 30 years younger, threesixths; more than 30 and up to 34 years younger, four-sixths; more than 34 and up to 38 years younger, five-sixths, of the widows' pensions designated under articles 55 and 56. If the widow is more than thirty-eight years younger than her deceased husband, she shall receive no pension whatever. The difference in age shall be computed from the birthdays. The deductions from the widows' pension shall have no influence upon the amount of pensions due to orphans. 4. Finally, an income is derived by the widows' fund of the teachers from the examination fees which, under the law concerning fees of June 23, 1828, in connection with the law of June 28, 1875 (Government Journal, p. 327), shall be imposed on candidates for service as teachers in the above-mentioned educational institutions. Article 58.-The obligation to pay entrance fees begins with the entrance upon enjoyment of a salary with claim to pension, respectively, of an increase in the same. They shall be paid in the course of a year in equal rates corresponding with the terms of payment of salary. Article 59.-The annual contributions shall be due on December 31 of each year and shall be computed and collected on this day on the basis of the money due the officials in salary entitled to pension (Wartegeld) or retirement salary. For the time of service which an official before his appointment with title to pension may have passed in a position on quarterly notice or in nonstatutory (unständig) employment, he shall have to make subsequent payment of the lawful annual contributions from the same in suitable terms of payment, in so far as that time of service shall have entered into the computation of his time of service entitled to pension under articles 39 and 42, Nos. 4 and 6. These terms of payment shall be computed for the calendar years in which the official employed in a position on quarterly notice shall have drawn annual salary on December 31 on the basis of this salary; for the computable time outside of these years, they shall be computed on the salary actually drawn. Article 60.-If, under articles 40 and 41, the computation of the retirement salary of an official demands consideration of the time of military service which has preceded his appointment in state or school service (art. 39), the official shall make subsequent payment of the annual contributions for that previous time on the basis of the salary paid him at the time of this appointment. For the additional service year with which he is credited on account of a campaign in addition to his actual military service there shall be no payment of an additional contribution. Article 61.--Upon transfer from the service of the royal court, or of the chamber of the royal court domain, into the State or school service (art. 42, No. 3), so long as this is under mutual consent, there shall be no subsequent payment of annual contributions and the entrance fee shall be collected only on the increase in salary. Upon transfer from the imperial service (art. 42, No. 2), or from the voca 1 tions named under article 43, into the state or school service, the entrance fees and the annual contributions which require subsequent payment for the computable previous time of service or vocation shall be computed on the basis of the salary entitled to pension fixed upon entrance into the state or school service, unless by special agreement made with the approval of the King a different basis has been fixed upon. Article 62.-If, with officers that require participation in one of the widows' funds for civil officials, for clericals, for teachers in Latin and real schools, or for public school-teachers, there shall occur transfers to an office of different category, there shall be no subsequent payment of annual fees for the time of previous participation in any of these funds, and the entrance fee shall be paid only on the increase in salary entitled to pension. The widows' funds shall not be required to balance accounts with each other concerning previously paid entrance fees and annual contributions. Upon transfer to positions which entail participation in the widows' fund for clericals it shall be the prerogative of the King, however, under certain circumstances to relieve the official of entrance with this fund and to grant him continued connection with the widows' fund of the state officials. Article 63.—If a Wartegeld or retirement salary has been wholly or partially suspended under articles 28 and 52, the annual contributions to the respective widows' fund shall nevertheless continue in full. In case of the voluntary retirement from office, or loss of office, on the part of an active official, and also if the loss of Wartegeld or retirement salary took place under the provisions of article 27, Nos. 2 and 4 to 6, and article 51, Nos. 2 and 3, the official, the quiescent official, or pensioner shall lose at the time for his relicts every claim upon the respective widows' fund. The statutory entrance fees and annual contributions shall not be paid back. If an official by his reappointment acquires claim to the computation of his previous time of service under article 44, subparagraph 2,6 the entrance fee previously paid by him shall not be paid again. Article 64.-The officials belonging to the Catholic clergy are relieved from the payment of entrance fees and annual fees, but shall pay into the exchequer of the state, on the other hand, on first appointment and on increase of salary the lawful perquisites; and this shall be done, in so far as they may be employed in educational institutions under article 16 of law A of July 6, 1842, in accordance with perquisite requirement for parsons, deacons, etc., and by others in accordance with the requirement for the higher clergy. Article 65. The pensions of widows and orphans shall be paid monthly in advance. The provisions of article 13 shall apply to these respectively.c (a) For the widow with the end of the month in which she dies or again (b) For each child with the end of the month when he or she shall complete the eighteenth year of life, marries, attains majority by dispensation, or dies. Article 66. The claim to a widow's or orphan's pension shall be suspended if the person entitled thereto loses German citizenship, until its eventual restora a Article 27, Nos. 2 and 4 to 6, is as follows: The right to draw Wartegeld shall cease 2. If the official declines reappointment in the domestic (inländisch) service (art. 26): 4. If he is dismissed from service or loses it under the law; 5. If he lose German citizenship; 6. If he makes his residence beyond the confines of the German Empire without the approval of the King. Article 51, Nos. 2 and 3, is as follows: "The right to draw retirement salary shall cease: 2. If the pensioner declines appointment in the domestic service (art. 50, subpar. 2); "3. In case of article 80, subparagraph 2." Article 80, subparagraph 2, is as follows: "Loss of life and of retirement pay may be adjudged against a permanently retired official, moreover, by disciplinary process on account of deeds committed at the time of active service which, had they been previously known, would have resulted in dismissal. The process shall be waived if the official, assuming the costs, voluntarily resigns his claim upon title and retirement pay." See above, Note, p. 188. Article 13 is as follows: "Officials can cede, pawn, or otherwise transfer their claims to the payment of service income (Wartegeld), retirement salary, and benefits that take the place of retirement salary (arts. 31, 32) with legal effect only in so far as these amounts are legally subject to attachment. Notice shall be given to the fund that makes payment in a public document to be delivered to the fund. tion. Otherwise the full enjoyment of pensions does not require residence in the native country. Article 67.-The orphaned children of an official that may remain incapable of making a living and destitute may be allowed suitable benefits from the exchequer of the state with approval of the King. Article 68.-Suitable benefits from the exchequer of the state may be assigned with approval of the King to the relicts of an official appointed for life who, for want of statutory provisions (art. 55), have no claim to pensions, and also to the relicts of an official not appointed for life. (b) Law of March 30, 1828, concerning the status of officials of the university. Article 7.-For the ordinary professors one-third of the normal salary will be taken into computation by the fund in which they participate as compensation for college honoraria, with reference to transfers, quiescence, and pensions. Article 10.-With extraordinary professors their full personal salaries, but not their allowances from college honoraria, shall be considered with reference to transfers, quiescence, and pensions. B. THE PENSION STATUS OF THE STATE OFFICIALS AND UNIVERSITY PROFESSORS. [From Government Annual (Regierungsblatt) for the Kingdom of Wurttemberg, Stuttgart, 1887, pp. 155 and 160.] List of the officials who are appointed for life. D. Department of church and school: (a) Institutions for instruction and education At the university The chancellor, the bailiff, and the cashier, the ordinary and the extraordinary professors, the librarians who hold their position as their chief office. At the higher theological seminaries— The economist (Oekonomie Verwalter) at the Evangelical Theological Seminary and at William's Institute (Wilhelms stift) at Tübingen. At the institution for agricultural instruction— The director, the cashier, and the secretary; also the ordinary professors of the agricultural institution at Hohenheim, the director and the principal teacher of the veterinary school, the director of the viticultural school. At the schools for technical instruction The administrator and the ordinary professors of the Polytechnicum, the director and principal teachers of the mining school. List of the officials appointed under quarterly notice. V. In the department of church and school: (a) Institutions for instruction and education At the university ** The teachers of languages, the music teachers, the drawing teach- At the higher theological seminaries The steward and janitor (Thorwarte) at the Evangelical Theological Seminary and at William's Institute at Tübingen. |