kopfgodoku.de
Startseite
|
Ziele
|
DokuSys
|
fachl.ZO
|
inhaltl.ZO
|
Wortart ZO
|
selbst/Impre
|
Bibel
Prüfen Dokument
Worte nach Länge
Dokumente
Kapitel, Absätze
Sätze
Suchen Fachworte
Geographie
Geschichte
Gesellschaft
Kultur
Natur
Technik
Fragen Antworten
Übersetzung
Listenanzeige
Satz
BGB 1587a. 2 In order to determine the difference in value , the following values are to be used as a basis : In the case of a pension or pension expectancy arising from an employment relationship under public law or from an employment relationship with a claim to a pension under civil service law provisions or principles , the basis is to be the amount that would be the pension at the date when the divorce petition is first pending at court . In this calculation , the pensionable period of service worked until this date is increased by the time until retirement age ( total period ) . The decisive value is the part of the pension that corresponds to the proportion of the pensionable period of service falling in the period of the marriage to the total period . Increases on the basis of accidents are disregarded . In this respect , the official emoluments of retired professors are equivalent to pensions and the provisions of civil service law on pensionable length of service apply with the necessary modifications . In the case of pensions or pension expectancies from the statutory pension scheme , the calculation is to be based on the amount of the full old-age pension that would apply at the end of the period of the marriage on the basis of the pension credit points relating to the period of the marriage , without taking into account the accrual factor . In the case of payments , expectancies or prospects of payments of an occupational pension plan , a)if , on the date when the divorce petition is first pending at court , the time of employment continues , the basis is to be the part of the pension that corresponds to the proportion of the time of employment falling into the period of the marriage to the time from the beginning of the time of employment until the fixed retirement age provided in the pension terms ; times equivalent to the time of employment are to be included ; the pension is calculated on the basis of the amount that would result when the spouse reached the fixed retirement age provided in the pension terms if the bases of assessment at the date when the divorce petition is first pending at court were taken as the starting point ; b)if , before the date when the divorce petition is first pending at court , the time of employment has ended , the basis is to be the part of the pension acquired that corresponds to the proportion of the time of employment falling into the period of the marriage to the total time of employment ; times equivalent to the time of employment are to be included . This does not apply to payments or expectancies of payments under an insurance relationship with an additional civil-service pension organisation ; no . 4 letter c is to govern these . For expectancies or prospects of payments from the occupational pension plan that are not yet non-forfeitable at the date when the decree is pronounced , the provisions on contractual equalisation of pension rights apply . In the case of other pensions or similar recurring payments that are intended to serve as a pension for old age or reduced earning capacity , or expectancies or prospects of these , a)if the pension or payment is assessed on the basis of the duration of a creditable period , the basis is to be the amount of the payment that would follow from the creditable period falling in the period of the marriage if the pensionable event had occurred at the date when the divorce petition was first pending at court ; b)if the pension or payment is not assessed or not only assessed on the basis of the duration of a creditable period , nor under letter d , the basis is to be the partial amount of the full pension or payment under the pension terms that corresponds to the proportion of the time that falls into the period of the marriage that is to be taken into account in assessing this pension or payment to its expected total duration until the retirement age that qualifies for the payment of the pension ; c)if the pension or payment is assessed on the basis of a fraction of contributions paid , the basis is to be the amount that would be payable on the basis of the contributions made for the period of the marriage if , when the divorce petition is pending at court , the insured event had occurred ; d)if the pension or payment is assessed on the basis of the principles applying to statutory pension insurance , the basis is to be the partial amount of the old-age pension that would be payable when the divorce petition is first pending at court , which corresponds to the proportion of the years of coverage falling in the period of marriage to the total number of years of coverage to be taken into account . In the case of pensions or pension expectancies on the basis of an insurance contract that was entered into to provide a pension for the insured , a)if it is an insurance policy with a duty to pay premiums continuing beyond the date when the divorce petition is first pending at court , the basis is to be the amount of pension that the insurer would pay if the policy were first converted into a paid-up insurance policy , if the insured event had taken place at this date . If premiums for the period before the marriage have also been paid into the insurance policy , the pension amount is to be assessed at a correspondingly lower figure ; b)if there is no duty to pay premiums continuing beyond the date when the divorce petition is first pending at court , the basis is to be the amount of pension that would be payable as a payment of the insurer if at this date the insured event had occurred . Letter a sentence 2 applies .
Level:
Leistung:
fehlt
Status:
Englisch
BGB 1587a. 2
In
order
to
determine
the
difference
in
value
,
the
following
values
are
to
be
used
as
a
basis
:
In
the
case
of
a
pension
or
pension
expectancy
arising
from
an
employment
relationship
under
public
law
or
from
an
employment
relationship
with
a
claim
to
a
pension
under
civil
service
law
provisions
or
principles
,
the
basis
is
to
be
the
amount
that
would
be
the
pension
at
the
date
when
the
divorce
petition
is
first
pending
at
court
.
In
this
calculation
,
the
pensionable
period
of
service
worked
until
this
date
is
increased
by
the
time
until
retirement
age
(
total
period
) .
The
decisive
value
is
the
part
of
the
pension
that
corresponds
to
the
proportion
of
the
pensionable
period
of
service
falling
in
the
period
of
the
marriage
to
the
total
period
.
Increases
on
the
basis
of
accidents
are
disregarded
.
In
this
respect
,
the
official
emoluments
of
retired
professors
are
equivalent
to
pensions
and
the
provisions
of
civil
service
law
on
pensionable
length
of
service
apply
with
the
necessary
modifications
.
In
the
case
of
pensions
or
pension
expectancies
from
the
statutory
pension
scheme
,
the
calculation
is
to
be
based
on
the
amount
of
the
full
old-age
pension
that
would
apply
at
the
end
of
the
period
of
the
marriage
on
the
basis
of
the
pension
credit
points
relating
to
the
period
of
the
marriage
,
without
taking
into
account
the
accrual
factor
.
In
the
case
of
payments
,
expectancies
or
prospects
of
payments
of
an
occupational
pension
plan
,
a)if
,
on
the
date
when
the
divorce
petition
is
first
pending
at
court
,
the
time
of
employment
continues
,
the
basis
is
to
be
the
part
of
the
pension
that
corresponds
to
the
proportion
of
the
time
of
employment
falling
into
the
period
of
the
marriage
to
the
time
from
the
beginning
of
the
time
of
employment
until
the
fixed
retirement
age
provided
in
the
pension
terms
;
times
equivalent
to
the
time
of
employment
are
to
be
included
;
the
pension
is
calculated
on
the
basis
of
the
amount
that
would
result
when
the
spouse
reached
the
fixed
retirement
age
provided
in
the
pension
terms
if
the
bases
of
assessment
at
the
date
when
the
divorce
petition
is
first
pending
at
court
were
taken
as
the
starting
point
;
b)if
,
before
the
date
when
the
divorce
petition
is
first
pending
at
court
,
the
time
of
employment
has
ended
,
the
basis
is
to
be
the
part
of
the
pension
acquired
that
corresponds
to
the
proportion
of
the
time
of
employment
falling
into
the
period
of
the
marriage
to
the
total
time
of
employment
;
times
equivalent
to
the
time
of
employment
are
to
be
included
.
This
does
not
apply
to
payments
or
expectancies
of
payments
under
an
insurance
relationship
with
an
additional
civil-service
pension
organisation
;
no
. 4
letter
c
is
to
govern
these
.
For
expectancies
or
prospects
of
payments
from
the
occupational
pension
plan
that
are
not
yet
non-forfeitable
at
the
date
when
the
decree
is
pronounced
,
the
provisions
on
contractual
equalisation
of
pension
rights
apply
.
In
the
case
of
other
pensions
or
similar
recurring
payments
that
are
intended
to
serve
as
a
pension
for
old
age
or
reduced
earning
capacity
,
or
expectancies
or
prospects
of
these
,
a)if
the
pension
or
payment
is
assessed
on
the
basis
of
the
duration
of
a
creditable
period
,
the
basis
is
to
be
the
amount
of
the
payment
that
would
follow
from
the
creditable
period
falling
in
the
period
of
the
marriage
if
the
pensionable
event
had
occurred
at
the
date
when
the
divorce
petition
was
first
pending
at
court
;
b)if
the
pension
or
payment
is
not
assessed
or
not
only
assessed
on
the
basis
of
the
duration
of
a
creditable
period
,
nor
under
letter
d ,
the
basis
is
to
be
the
partial
amount
of
the
full
pension
or
payment
under
the
pension
terms
that
corresponds
to
the
proportion
of
the
time
that
falls
into
the
period
of
the
marriage
that
is
to
be
taken
into
account
in
assessing
this
pension
or
payment
to
its
expected
total
duration
until
the
retirement
age
that
qualifies
for
the
payment
of
the
pension
;
c)if
the
pension
or
payment
is
assessed
on
the
basis
of
a
fraction
of
contributions
paid
,
the
basis
is
to
be
the
amount
that
would
be
payable
on
the
basis
of
the
contributions
made
for
the
period
of
the
marriage
if
,
when
the
divorce
petition
is
pending
at
court
,
the
insured
event
had
occurred
;
d)if
the
pension
or
payment
is
assessed
on
the
basis
of
the
principles
applying
to
statutory
pension
insurance
,
the
basis
is
to
be
the
partial
amount
of
the
old-age
pension
that
would
be
payable
when
the
divorce
petition
is
first
pending
at
court
,
which
corresponds
to
the
proportion
of
the
years
of
coverage
falling
in
the
period
of
marriage
to
the
total
number
of
years
of
coverage
to
be
taken
into
account
.
In
the
case
of
pensions
or
pension
expectancies
on
the
basis
of
an
insurance
contract
that
was
entered
into
to
provide
a
pension
for
the
insured
,
a)if
it
is
an
insurance
policy
with
a
duty
to
pay
premiums
continuing
beyond
the
date
when
the
divorce
petition
is
first
pending
at
court
,
the
basis
is
to
be
the
amount
of
pension
that
the
insurer
would
pay
if
the
policy
were
first
converted
into
a
paid-up
insurance
policy
,
if
the
insured
event
had
taken
place
at
this
date
.
If
premiums
for
the
period
before
the
marriage
have
also
been
paid
into
the
insurance
policy
,
the
pension
amount
is
to
be
assessed
at
a
correspondingly
lower
figure
;
b)if
there
is
no
duty
to
pay
premiums
continuing
beyond
the
date
when
the
divorce
petition
is
first
pending
at
court
,
the
basis
is
to
be
the
amount
of
pension
that
would
be
payable
as
a
payment
of
the
insurer
if
at
this
date
the
insured
event
had
occurred
.
Letter
a
sentence
2
applies
.