Law on the transfer of claims and entitlements from supplementary and special power systems of the joining area (claim and vesting transfer Act - AAÜG) AAÜG Ausfertigung date: 25.07.1991 full quotation: "claim, and projected unit credit transfer law of 25 July 1991 (BGBl. I p. 1606, 1677), most recently by article 13 of the law of December 19, 2007 (BGBl. I S. 3024) is changed" stand: last amended by art. 13 G v. 19.12.2007 3024 for details on the stand number you find in the menu see remarks footnote (+++ text detection from) : 1.8.1991 +++) as article 3 G, the G was 826-30-1 v. 25.7.1991 I 1606 (RABELE) by the German Bundestag, with the consent of the Federal Council decided. the G was announced on the 31.7.1991 and is entered into force article 42 paragraph 8 on the day after the proclamation according.
First section § 1 scope (1) this Act applies to claims and entitlements, as a result of belonging to additional and special pension schemes (schemes) in the acceding territory (§ 18 para 3 fourth book of the social code) have been purchased. As far as the rules of the schemes provided for a loss of entitlements in a departure from the supply system before paid, this loss is considered to be non-runner.
(2) supplementary pensions are the systems referred to in annex 1.
(3) special supply systems are the systems referred to in annex 2.
Section 2 principles of transfer (1) who will be no. 1 to 3 mentioned schemes in Appendix 2 closed December 31, 1991.
(2) the rights acquired in supply systems according to annex 1 number 1 to 22 and annex 2 and entitlements to benefits due to reduced earning capacity, age and death are transferred to the pension insurance to 31 December 1991. From January 1, 1992, the rules of these supply systems without prejudice to § 4 para 4 are in this respect no longer apply.
(2a) the supply systems according to annex 1 number 23 to 27 acquired rights and entitlements referred to in paragraph 2 sentence 1 to 30 June 1993 transferred. From 1 July 1993 to the arrangements of the schemes without prejudice to § 4 para 4 are in this respect no longer apply.
(3) a claim based on supplementary pension on time from a supply system or are times under a pension scheme pension increases been taken into account, the claims are considered in a supply system purchased.
§ 3 of insured persons for insurance and to pay contributions of people who have heard a supply system on December 31, 1991, shall be from January 1, 1992, the rules of the sixth book of the social code. From this point on, people are resident in the period for which they relate disability pension on reaching specific age limits or term advanced supply; the provisions of the sixth book the social law in obtaining early retirement money according to the rules apply mutatis mutandis the acceding territory for them.
§ 4 transfer to the pension scheme (1) in the pension acquired rights to the following services be transferred to supplementary pension schemes: 1 supply due to disability and disability an additional supply, 2. supplementary pensions and 3 additional survivor.
(2) in the pension insurance, acquired rights to the following services be transferred to special schemes: 1 full disability and full pension of damage to service, 2. old-age pension and 3. survivor's pension service damaged survivor's pension.
(3) the services are treated according to paragraph 1 and 2 during the transfer as a pension calculated in accordance with the regulations of the membership area. This 1 supplies apply pursuant to paragraph 1 No. 1 and pensions pursuant to paragraph 2 No. 1 as disability pensions, 2. supplies referred to in paragraph 1 No. 2 and pensions pursuant to paragraph 2 No. 2 as old-age pensions, 3. supplies referred to in paragraph 1 No. 3 and pensions pursuant to paragraph 2 No. 3 as a survivor's pension.
(4) a pension starts according to the regulations of the sixth book of the social code in the period from 1 January 1992 to June 30, 1995 and the beneficial owner or the person from the permission derives, on May 18, 1990 had his domicile or habitual residence in the acceding territory, at least the monthly amount, is up when belonging to a 1 additional supply system as the sum of pension and supply the basis of pension legislation on 31 December 1991 in the acceding territory and of This time relevant performance regulations of the respective supply system to 1 July 1990 results in at least the monthly amount determined on the basis of the applicable on 31 December 1991 performance regulations of the respective supply system to 1 July 1990, 2. special scheme, but no more than the relevant maximum amount pursuant to section 10 paragraph 1 or 2, 6,84 cent to increase and to pay to the pension calculated in accordance with the provisions of the sixth book of the social code as long as reached that amount. Sentence 1 shall apply only if the beneficiary or the person permission derives from the, would have had a claim under the pension scheme continues to apply if the rules of the schemes. At least the adjust amount is payable. The adjustment is made on 1 July of each year with the current pension value. For this purpose, personal remuneration points are calculated from the amount determined pursuant to sentence 1 and 2 for the month of July 1990 according to the regulations of the membership area by this amount is divided by the current value of pensions and pension type factor governing the pension after the sixth book of the social code. The monthly amount of the adjusted amount is less than the monthly amount of performance established pursuant to sentences 1 and 2, this will be paid so long until the adjusted pensions reached this amount. Sentences 1 to 6 apply also at the beginning of a pension due to death according to the regulations of the sixth book of the social code in the period from July 1, 1995 until December 31, 1996, if the deceased insured person has obtained a pension is noted the sentences 1 to 6 or the § 307 b para 6 of the sixth book of the social code, using.
(5) the following rules governing consideration of times of the membership of a pension scheme apply for the transfer of entitlements acquired in supply systems in the pension insurance.
§ 5 (1) times of the membership of a pension scheme, where an employment or activity is been exercised, apply compulsory contribution periods as compulsory contribution periods of pension insurance. These times are to apply from 1 January 1992 on the regulations of the sixth book of the social code, unless this law unless otherwise. Times of belonging to the supply system according to annex 1 number 17 are the profession of dancer, for a work-related grant to Ballet members in State institutions could be made after leaving the dancer profession.
(2) also times that were completed prior to implementation of a supply system in compulsory social insurance or in the voluntary supplementary pension insurance, if this times, the supply system had already passed, would be completed in the supply system be considered times of the membership of a pension scheme.
(2a) as a times of membership of a pension scheme are also qualifying periods for inclusion back into the supply system.
(3) in the case of times of membership of a supplementary scheme, for which a contribution is refunded, in compulsory social insurance insured earnings (article 256a par. 2 sixth book of social law) will be applied; articles 6 and 7 shall apply.
(4) a contribution refund does not exist when it was not requested by the legitimate and the posts are placed under fiduciary management. Is not yet decided about the payment of trustee-administered assets, is the amount that corresponds to the sum of managed and converted in a ratio of two to one on German mark amounts to the Federal Insurance Office available. The Federal Insurance Office considered this amount at settlement according to § 15 para 4 second section section 6 the compulsory contribution periods under this Act is kind of transfer to the pension insurance (1) for each calendar year as merit (article 256a par. 2 sixth book of the social code), only up to the respective contribution assessment ceiling according to the annex 3 to use the generated pay or wages. Derogation from sentence 1 is during the belonging to a special scheme after June 30, 1990 to December 31, 1990 the amount of 2,700 German mark in a month, from January 1, 1991, to June 30, 1991 the amount of 3,000 German mark in a month and by 1 July 1991 to 31 December 1991 the amount of the 3,400 German marks a month apply. Sentences 1 and 2 shall also apply if the basis for calculation for the transitional allowance according to §§ 47, 48 of the ninth book of the social code or by other carriers for participation in working life according to the for this rules out an income before July 1, 1990 is determined.
(2) for times of affiliation to a scheme to annex 1 or Annex 2 Nos. 1 to 3 until March 17, 1990, in which an employment or activity was exercised as 1 member, candidate or Secretary of State in the Politburo of the Socialist Unity Party of Germany, 2.
Secretary General, Secretary or head of Department of the Central Committee of the Socialist Unity Party of Germany (SED) and as an employee of the Department of safety to the level of the head of the sector or the respective Deputy, 3. first or Second Secretary of the SED district or district leadership and departmental or head of unit for security or head of the Department of State and law, 4 Ministers, Deputy Ministers or voting member by heads of State or Ministers or their respective deputies , 5th Chairman of the national of Defense Council, Chairman of the State Board or Chairman of the Council of Ministers, as well as alternates appointed as in these offices, 6 Attorney in the investigation carried out by the Ministry of State security and the National Security Bureau Department I of the District Public Prosecutor's Office, 7 Prosecutor of the public prosecutor of the GDR, 8 Member of district or district operations supervisor, 9 is attorney or judge of the I A Senate, the compulsory contribution periods as merit more than the respective amount of Appendix 5 underlying to lay.
(3) (lapsed) (4) for periods of membership of the pension scheme of the former Ministry of State Security/Office for national security in the exercise of the activity is not included in addition to salary or wages-related remuneration or wages. For times pursuant to sentence 1 a remuneration or income is not considered, if to take into account the Federal Republic of Germany without the acceding territory contribution periods in the statutory pension insurance for the same period. As far as remuneration or wages according to § 7 paragraph 1 sentence 2 is based on the compulsory contribution periods as merit, apply these times as times of belonging to the special pension scheme to annex 2 No. 4 (5) times, for the merit can no longer be demonstrated, c para 1 and 3 b (1) and § 256 section 256 shall apply sentence 1 of the sixth book the social law mutatis mutandis. The main merit is to determine, by the respective, para 3 sentence 1 of the sixth book social code the value increased by one-fifth of annex 14 of the sixth book of social security code by the factor of the annex 10 of the sixth book the social law of the same year is divided in the case of section 256 c. The authoritative merit is not more than up to the respective amount of Appendix 3 to consider in cases of paragraph 2 or 3 at most up to the respective amount resulting after the application of paragraph 2, and in the cases of § 7 at most up to the respective amount of annex 6.
(6) is demonstrated a part of merit and the other part is made credible, the credible imitation of the credit to five sixths is taken into account.
(7) for the determination of merit into account enabled are the compulsory contribution periods to map the supply system, in which they were completed. The same applies as far as during the affiliation to a scheme for voluntary supplementary pension insurance contributions have been paid or times of affiliation to a scheme later convicted in the voluntary supplementary pension insurance.
(8) for the assignment of the times to the miners pensions insurance, the provisions of the sixth book of the social code shall apply. In addition, the times of the general pension insurance are associated.
(9) the calculation principles of the sixth book of the social code shall apply.
Footnote § 6 para 1 sentence 1 (iVm Appendix 3): In accordance with the formula in the decision with the GG I compatible gem. BVerfGE v. 28.4.1999 1092-1 BvR 1926/96, 1 BvR 485 / 97 - article 6 par. 2 No. 4: in accordance with the formula in the decision with the GG compatible gem. BVerfGE v. 6.7.2010 I 1157 - 1 BvL 9/06, 1 BvL 2/08 - § 7 limitation of consideration-enabled pay (1) that while membership of the pension scheme of the former Ministry of State Security/Office of national security authoritative until March 17, 1990 pay or wages will be determined only up to the respective amount of annex 6. Sentence 1 shall apply also to remuneration during a covert activity as a full time employee of the Ministry of State Security/Office for national security-related or labor income, if during the period of covert activity a belonging to the not annex 2 No. 4 special supply system after.
(2) full-time employees of the Ministry of State Security/Office for national security within the meaning of this law are persons who have been active as safety covers officers of the State security in particular usage or in a service or employment with the Ministry for State Security/Office of national.
(3) periods of membership of the pension scheme of the former Ministry of State Security/Office for national security or as times of working as a full time employee of the former Ministry of State Security/Office for national security also times of activity in the Secretariat of State but not considered times of temporary Association of the German border police, transport police and the Volkspolizei availability to the Ministry for State security, or to the State Secretariat for public security of the Ministry of the Interior for public security of the Ministry of the Interior of.
Article 8 procedure for the transfer of data (1) the pension providers competent prior to the transfer of claims and entitlements under has inform the data the the pension insurance institution responsible for the award of benefits, which are necessary for the implementation of the insurance and to the award of benefits from the pension insurance. This includes also the actually achieved pay or income of the owner or of the person permission derives from the. For the award of benefits separately for each calendar year for the application of section 252a para 2 of the sixth book the social law the amount of lost working days to inform competent institution of pension insurance which is for times that would have been without a belonging to a special scheme in the card for work - and social security; These include seven calendar days of work loss as five days of work lost. The Fund is entitled to request the data pursuant to sentence 1 also from third parties. The changes will immediately submit the documents the Fund 1 about all the facts that are required to carry out the transfer, to provide information without delay on request and 2. at the request, from which the facts emerge.
The pension funds take the discovery of data, taking into account the data for the Federal Government Commissioner for the records of the State security service of the former German Democratic Republic No. 2 and 3 pursuant to paragraph 4. Set 6 No. 1 also applies to the Fund pursuant to paragraph 4, if concrete evidence before him, that the beneficiary or the person permission derives from the, belongs to the Group of persons referred to in section 7, paragraph 2.
(2) the Fund has to inform the the pension insurance institution responsible for the award of benefits actually achieved pay or wages or the data, that result from the application of §§ 6 para 2 and 3 and 7.
(3) the Fund has referred to in paragraph 2 by decision to announce the content of the notice to the owner. The provisions of the third section of the first chapter of the tenth book of the social code shall apply.
(4) supply carrier Federal for the supplementary schemes of annex 1 No. 1 to 27, and 2 are the Deutsche Rentenversicherung 1 the successor pursuant to article 13 of the agreement contract for the special schemes of the plant 2. 3 (dropped out) (5) for the purpose of determining of the competent institution of the pension insurance services is responsible for the fulfilment of the tasks of the pension insurance. He is bound by the decision of the Pension Fund.
(6) the Fund shall be entitled to conclude agreements on the execution of duties under this act as far as this is not a different mapping the expenses resulting in the transfer of. The provisions of the first section of the third chapter of the sixth book of the social code persons entitlements convicted in the pension for the carrying out of insurance and the determination of services without prejudice to the responsibility to apply paragraph 5 sentence 1. § 126 section 1 sentence 4 of the sixth book the social law in the version of the second act for modern services on the labour market from December 23, 2002 (Federal Law Gazette I p. 4621) applies for retirement until December 31, 1993, with the proviso, that the German pension insurance is responsible for the award of benefits Federal. The Deutsche Rentenversicherung Knappschaft-railway-see as the miners pension insurance for the determination of services in people with claims convicted in the pension insurance is responsible, she notes the benefits resulting from the transfer of the claims or performance parts Federal for German pension insurance; In addition, the German pension insurance is entitled to conclude agreements on the implementation of the insurance and the determination of benefits with other sources of the pension insurance Federal. Services or performance parts, based on claims caught in the pension insurance or pension rights, are even expenses within the meaning of section 15, if they found Federal due to the rates of 2 to 4 by another carrier of the pension insurance for German pension insurance or paid out.
(7) are to carry out the recalculation according to § 307 c of the sixth book of the social code documents or not completely available and explains the person entitled credibly that he also does not have documents and not procure can this also, is by the submissions of the person entitled nature and duration of employment carried out as well as the area in which the employment is exercised , to go out unless there are clues before, that this is not true. § 6 para 5 and 6 is to apply only as far as a merit otherwise can be determined.
(8) the Fund evidence, that the beneficiary or the person permission derives from the, has not only times of belonging to the supply system, he tells this and period the pension insurance funds. He sent this also available to him that the documents are required for determining in a supply system of travelled pension legal times.
§ 9 payment of utility services (1) in the pension scheme are not convicted: 1 claims to supplies due to premature dismissal upon reaching specific age limits or certain periods of service, in particular on a) transitional pension, b) early retirement benefits, c) disability pension on reaching specific age limits and d) temporary extended supply.
2. claims on disability pensions of part of and services damaged partial pensions.
3. claims on pensions of parents.
The rules of the first book of the social code shall apply accordingly. The services shall apply pursuant to sentence 1 No. 2 of the fourth book of the social code as unearned income in the sense of § 18a 1.
(2) services referred to in paragraph 1, that on 31 December 1991 was entitled, are paid from 1 January 1992 by the German pension insurance Federal the amount notified by the pension providers. The withdrawal ends at the time to which the Fund has determined ending.
(3) the Fund committed up to 31 December 1991 for the payment of benefits referred to in paragraph 1 is not released Federal due to the payment of benefits by the German pension insurance from its responsibility to the beneficiaries. He finds the circumstances governing the payment of benefit and their change including the termination of the service and shall adopt the necessary administrative acts. In addition, he has Federal German pension insurance to transmit the data required for the payment of benefits and their termination.
(4) income of the person entitled is a performance referred to in paragraph 1 to take into account, have employers, social security institutions, financial authorities and other third parties to provide the required information the Fund upon request.
Footnote § 9 para 1 sentence 1 No. 2 sentence 2: in accordance with the decision formula with GG incompatible gem. BVerfGE v. 21.11.2001; 2002 i 1087-1 BvL 19 / 93, 1 BvR 1318/94, 1 BvR 1513/94, 1 BvR 2358/94, 1 BvR 308/95 - third section section 10 Provisional limitation of number amounts (1) the sum of the payment amounts from similar pensions of the pension insurance and the supplementary schemes according to annex 1 number 2, 3 or 19 to 27 as well as the payment amounts for the services of the special schemes to annex 2 Nos. 1 to 3, or the sum of the payment amounts for the services according to § 4 para 2 No. 1 and 2 are limited including the spousal surcharge by the first of the promulgation of this law calendar month following on on following limits: 1. for insured persons pensions 2,010 DM, 2. to widow's or widower's pensions to 1,206 DM, 3 for full orphans on 804 DM and 4 half orphan pension on 603 DM. (2) by way of derogation from paragraph 1 applies to services which have granted security in accordance with the special scheme of the former Ministry of State Security/Office for national , § 2 of the law on the abolition of the pension scheme of the former Ministry of State Security/Office for national security of 29 June 1990 (Coll. I no. 38 p. 501) further. § 2 of the law on the abolition of the pension scheme of the former Ministry of State Security/Office for national security of 29 June 1990 (Coll. I no. 38 p. 501) also similar pensions of the pension insurance or pension schemes, or multiple reference services own, not derived from claims for the sum of the payment amounts apply, if benefits to former members of the Ministry of State Security/Office for national security are paid , which are changed after September 30, 1989, in the area of pension insurance or other schemes. These claims are acquired as the special care system according to annex 2 No. 4.
(3) paragraphs 1 and 2 shall apply accordingly if a supplementary pension based on times from a supply system or these times have been considered pension increases.
(4) the amount of a similar pension from the social insurance exceeds the amount pursuant to paragraph 1 or 2, the amount of the pension of the pension is paid.
(5) the limitation has to make the pension funds by decision under paragraphs 1 and 2. The performance in the cases of paragraph 2 in December 1991 by a carrier paid the pension insurance, he has to make the limit; the Fund informs him the necessary data on request. The hearing of one of the parties prior to the adoption of the notification is not required. Article 8, paragraph 3, sentence 2 shall apply.
§ 11 adjustment of utility services due to early dismissal (1) the payment amounts from utility services due to premature dismissal upon reaching specific age limits or certain periods of service from special supply systems are limited by the first of the following on the promulgation of this law calendar month on to the following maximum amounts: a) early retirement benefits, disability pension on reaching specific age limits and temporary advanced supply on the amounts, each relevant according to § 10 para 1 sentence 1 and paragraph 2 , b) transitional pension on the amount of 400 DM. pensions due to reduced earning capacity or similar public kind are applied to these services. § 10 para 5 shall apply mutatis mutandis.
(2) in addition to the services referred to in paragraph 1 set 1 letter a from the first of the following on the promulgation of this law calendar month on transition and other partial pensions from special supply systems not be granted. § 10 para 5 shall apply mutatis mutandis.
(3) the claim set 1 accounted for by services referred to in paragraph 1 with beginning a retirement due to age or a similar public kind, at the latest at the end of the month preceding the month in which for the first time one of these services without reduction due to premature use can be obtained.
(3a) the Fund should prompt the beneficiary, who could meet the requirements for entitlement to retirement due to age without pension reduction or is expected to meet in the near future, to apply for this pension within one month. The party entitled to the application does not, rests the claim to supply at the end of the month in which the deadline expires. The claim lives again at the end of the month, which authorize the application provides. He revive retrospectively, if the person entitled proves that the conditions for entitlement to old-age pensions were not fulfilled. Sentences 1 to 4 shall also apply if the beneficiary during this process of a partial pension due to retirement could qualify for a higher pension than the related partial pension or is expected to meet in the foreseeable.
(3B) is the authorized 1 a pension because of age awarded and 2.
which reaches half of the contribution to the statutory health insurance and social care insurance decreased monthly amount of pension due to age in the month in which the decision regarding the award of benefits due to the granting of pension entitlement is lifted, not attributable to this month after income deduction from amount of benefits reduced for the contribution to the statutory health insurance system and the social long-term care insurance , makes a settlement amount of the pension providers in the port in the case of benefits for periods for which the pension is awarded instead of benefits. This is paid so long 1 No. 2 in the respective difference amount pursuant to sentence, as the service would have been to otherwise; Section 3 sentence 1 not applicable No. 3, 4 and Article 229a, paragraph 1, of the sixth book of social security code as well as section 3. The amount of compensation is to determine new according to sentences 1 and 2 with effect from the date and to pay to the monthly amount of pension due to amended to wage changes. In addition the sections 18 are b-18e of the fourth book of the social code apply mutatis mutandis.
(4) paragraphs 1 to 3 shall also apply, if early retirement benefits or disability pension on reaching specific age limits following a temporary extended supply is granted.
(5) the service damage partial pensions and disability partial benefits are limited to the appropriate percentage of the insured pension in accordance with section 10, paragraph 1, sentence 1 and paragraph 2. In addition to pensions within the meaning of section 4, paragraph 2, such partial pensions from special supply systems no. 1 and 2 and paragraph 3 of no. 1 and 2 as well as pensions due to reduced earning capacity or similar public kind are not granted. On several partial pensions entitlement for the same period from special schemes, the amount is granted as benefits no more than, which would arise as a full pension; Sentence 2 shall apply. The entitlement to benefits pursuant to sentences 1 and 3 as well as referred to in paragraph 1 set 1 (b) eliminates starting a pension due to age or a similar public kind, at the latest at the end of the month preceding the month in which one of these services without reduction due to premature use can be obtained. Sentences 1 to 4 shall apply from the first of calendar month following the promulgation of this law § 10 para 5 shall apply mutatis mutandis.
(5a) claims become void on the service damage partial pension under a special pension scheme for Appendix 2 Nos. 1 to 3 to 31 December 1996. Claims become void on the service damage part of pensions under the special pension scheme to annex 2 No. 4 to 28 February 2002 (6) the services referred to in paragraph 1 and 5 participate in pension adjustments with 50 per cent of the respective adjustment after December 31, 1991. While the maximum amounts referred to in paragraph 1 and 5 must not be exceeded prior to January 1, 1995.
(7) the provisions of the special schemes on the reduction of income from gainful employment provision benefits referred to in paragraph 1 and 5 each until the entry into force of a relevant regulation according to § 16 para 3 with the proviso shall continue to apply, that the amount is credit-free, it would have been for the recipients of benefits for the month of June, 1991. This amount takes part in adjustments in corresponding application of paragraph 6 sentence 1.
(8) a modified transitional pension consists of the special scheme to annex 2 No. 1, the transitional pension only in its basic form is provided. Sentence 1 shall apply before other provisions for the transitional pension.
§ 12 (dropped out) § 13 setting of services (1) from the first of the calendar month following the promulgation of this law to no longer provided the following services: 1 pensions according to § 4 paragraph 2 under the special pension scheme to annex 2 No. 4, if at the same time a pension according to the regulations of the Federal territory without the acceding territory is paid, 2. seniority pensions under the special pension scheme of no. 2 Appendix 2 , 3 services no. 1 on former members of the Ministry of State Security/Office of national security, according to § 9 para 1 which; changed after September 30, 1989, in the area of other schemes Disability pensions are excluded letter c on the basis of dismissal before the 1 July 1990 4. (dropped out) 5 (dropped out) has passed annex 2 No. 4 is not (2) benefits under the special pension scheme to annex 2 No. 4, which were granted on the basis of an activity for the Ministry of State Security/Office of national security, although a membership of the pension scheme pursuant to section 9 para 1 No. 1 , are no longer granted.
(3) the decision referred to in paragraph 1 has to make the pension funds by decision. The hearing of one of the parties prior to the adoption of the notification is not required. Article 8, paragraph 3, sentence 2 shall apply.
§ Recalculated the pension, taking into account the periods of membership of a pension scheme 14 transitional arrangements for supply systems according to annex 1 number 23 to 27 (1) during the transfer of the rights acquired in a supply system according to annex 1 number 23 to 27. This also applies to pensions after the sixth book of the social code, which have started in the period from 1 January 1992 to 30 June 1993, if entitled to a benefit did not exist under the pension scheme.
(2) entitlement to the convicted, inventory on December 31, 1991 is a new pension calculation according to the paragraphs 307 to carry out b and 307 c of the sixth book of the social code.
(3) the entitlement to the convicted was built in the period from 1 January 1992 to 30 June 1993, the pension from the beginning of the pension is recalculated. Section 4, paragraph 4 shall apply. The monthly amount of the recalculated pension is less than the monthly amount of the convicted power including the pension from the pension insurance or the monthly fee resulting application of § 4 para 4, the higher amount will be paid as long as until the amount to be paid on the recalculated pension.
(4) entitlement to a pension but not insisted on June 30, 1993 after the sixth book of social code, on a performance under the pension scheme, the pension in application of paragraph 1 is to recalculate set 1. The monthly amount of the recalculated pension is less than the monthly amount of the previous pension, this is paid as long as until the amount to be paid on the recalculated pension.
(5) for beneficiaries, whose pension according to recalculate the paragraphs 1 to 4, is up to the new calculation of the pension for the determination of the amount of boost, resulting from pension adjustments under the provisions of the sixth book of the social code, continue to apply article 14 par. 3 in the version applicable up to 30 June 1993.
§ 14a valid of assessments for compulsory contribution periods under this Act, for which a fund or a carrier of the statutory pension insurance until 23 June 2005 has made findings, is to use a merit due to which in determining a pension under the provisions of the sixth book of the social code, which exceeds the amount of Appendix 5, is section 6 subsection 2 does not apply this law.
§ 14 b review of definitive notices notices to the transfer of claims or entitlements from supply systems according to annex 1 or Annex 2 No. 1 to 3 and notices about the determination of claims after the sixth book of the social code, which times of the affiliation to a scheme to annex 1 or Annex 2 Nos. 1 to 3 are based, which were final on June 23, 2004 and to article 6 par. 2 , 3 of this Act in the version of the AAÜG Amendment Act of 11 November 1996 (Federal Law Gazette I p. 1674) or the 2nd Amendment Act of AAÜG of 27 July 2001 (BGBl. I S. 1939) are based, can be withdrawn only with effect for the period after June 30, 2004.
§ 15 refund of expenses (1) the Federal Government Federal refund the expenses, including administrative costs, it caused the transfer under this Act of the German pension insurance. On the reimbursement amounts are reasonable advance payments.
(2) that are incurred expenses (1) the Federal Government through the refund after him in expenses for the special care system according to annex 2 No. 2, as well as amounting to two-thirds of the expenses for the supplementary pensions according to annex 1 number 1 to 22 by the countries in the acceding territory refunded. The percentage to be refunded by the countries in the accession to the Covenant on the expenses for the supplementary pensions according to annex 1 number 1 to 22 is reduced to 64 per cent in 2008 to 62 per cent in 2009 and 60 per cent from the year 2010 (2a) (dropped out) (3) paragraph 1 shall apply also for the expenses , the German pension insurance federal payment of utility services according the articles 9 and 11 caused by. That the Federal Government for this refund arising expenses are him refunded by the countries in the area of accession insofar as they him for services to beneficiaries under the pension scheme to annex 2 No. 2 arise.
(4) the Federal Insurance Office carries out the settlement and shall determine the advances. It notes also the attributable to the respective Federal State share in the amount of the refund according to the ratio is the number of the inhabitants of this country to the total number of inhabitants in the acceding territory. The Federal Statistical Office will transfer the required data.
§ 16 authority to issue regulations (1) (dropped out) (2) the Federal Ministry of labour and Social Affairs is authorised, in agreement with the Federal Ministry of Finance Ordinance with the consent of the Federal Council under § 15 para 1 and 3 sentence 1 to determine details on the calculation and implementation of reimbursement of expenditures by the Federal Government. In a lump-sum refund can be provided for expenses for the participation.
(3) it be empowered the Ministry of defence for the special care system 1 to annex 2 No. 1, 2. the Federal Ministry of the Interior for the special schemes to annex 2 No. 2 and 4, 3. the Federal Ministry of finance for the special care system according to annex 2 No. 3 Ordinance with the consent of the Federal Council in accordance with the provisions of the social security code and basic supply law , Scope and implementing a reduction or a suspension of supply services within the meaning of §§ 9 and retirement benefits paid 11 income and capable of taking into account unearned income, the cooperation obligations of the beneficiaries and the recovery too much to fix.
The courts of the social courts § 17 social court proceedings decide disputes on the basis of this Act.
§ 18 penalty provisions (1) any person who willfully is, or lightly 1 contrary to § 8, subsection 1, sentence 5 information not, incorrectly, incompletely or not timely given no. 1 or 2 contrary to § 8, subsection 1, sentence 5 not, not fully or not timely submit the required documents No. 2.
(2) the offence can be punished with a fine up to two thousand five hundred euro.
(3) administrative authority no. 1 of the code of administrative offences is the supply within the meaning of § 36 para 1. Notwithstanding sentence 1 No. 3 is administrative authority the Federal Insurance Office for the Fund pursuant to § 8 para 4 within the meaning of § 36 para 1 of the code of administrative offences.
(4) the amount of the fines flowing Federal into the coffers of the German pension insurance, when she issued the penalty as pension providers. section 66 of the tenth book of the social code shall apply mutatis mutandis. This Fund carries the necessary expenses; by way of derogation from article 105 par. 2 of the law on administrative offences She is also liable within the meaning of § 110 4 of the code of administrative offences.
Appendix 1 1 supplementary pensions supplementary pensions of technical intelligence, introduced with effect from August 17, 1950 2. supplementary pensions of the General Directors of the centrally managed Kombinate and them equals head of centrally guided economic organizations, introduced with effect from January 1, 1986 3. supplementary pensions for meritorious Chairman of production cooperatives and head of cooperative institutions of agriculture, introduced with effect from 1 January 1988. 4. pensions of intelligence on Science , artistic, educational and medical institutions, introduced with effect from 12 July 1951 5. pensions of the scientific staff of the Academy of Sciences of Berlin and the German Academy of agricultural sciences to Berlin, introduced with effect from August 1, 1951 and January 1952 6 1 retirement of doctors, dentists, pharmacists and other College staff in denominational institutions of health and social services, introduced with effect from 1 January 1979 7 voluntary additional supply for doctors , Dentists, pharmacists and other college squad in denominational institutions of health and social services, introduced with effect from July 1, 1988. 8 voluntary additional supply for doctors, dentists, pharmacists and other college cadres in institutions of the health and social services including the pharmacists in private pharmacies, introduced with effect from 1 July 1988 9 retirement of physicians and dentists in private practice, introduced with effect from 1 January 1959 10 retirement of physicians and dentists in private health care facilities , introduced with effect from 1 January 1959 11 voluntary additional supplies for veterinarians and other college cadres in institutions of the State veterinary, introduced with effect from 1 July 1988. 12 pension of veterinarians in private practice, introduced with effect from 1 January 1959-13 additional supply of artistic workers of radio, television, film industry, as well as the Staatszirkusses of the German Democratic Republic and of the VEB Deutsche record , introduced with effect from 1 January 1986 14 additional supply of artistic employed in theatres, orchestras and State ensemble, introduced with effect from 1 January 1986 15 additional supply for freelance members of the schriftstellerverband of East Germany, introduced with effect from 1 January 1988. 16 supplementary pensions for freelance artists, introduced with effect from 1 January 1989 17 supplementary pensions of the members of the Ballet part of the arrangement relating to the granting of a work-related grant to Ballet members in State institutions of the GDR , introduced with effect from 1 September 1976 18 additional supply of educators in institutions of primary and vocational training, introduced with effect from 1 September 1976 19 voluntary supplementary pension for full-time employees of the State apparatus, introduced with effect from 1 March 1971-20 voluntary supplementary pension for full-time employees of the society for sport and technology, introduced with effect from 1 August 1973 21 voluntary supplementary pension for full-time employees of social organizations , introduced with effect from January 1, 1976, for full-time employees of the national front from 1 January 1972 22 voluntary added official support for full-time employees of the Trade Union FDGB, introduced with effect from 1 April 1971 23 voluntary supplementary pension for full-time employees of the LDPD, introduced with effect from 1 October 1971 24 voluntary supplementary pension for full-time employees of the CDU, introduced with effect from 1 October 1971 25 voluntary supplementary pension for full-time employees of the DBD , introduced with effect from 1 October 1971-26 voluntary supplementary pension for full-time employees of the NDPD, introduced with effect from 1 October 1971 27 voluntary supplementary pension for full-time employees of the SED/PDS, introduced with effect from August 1, 1968.
Appendix 2 special schemes 1 special care of members of the national people's army, introduced with effect from July 1, 1957 2. care of members of the German people's police, the bodies of the fire brigade and the penitentiary system, introduced with effect from January 1, 1953 3. care of members of the customs administration of the GDR, introduced with effect from November 1, 1970 4. care of the relatives of the former Ministry of State Security/Office of national security , introduced with effect from January 1, 1953.


ZU TING ZHU, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General , Respondent.
No. 08-2688-ag.United States Court of Appeals, Second Circuit.
 Pursuant to Federal Rule of Appellate Procedure 43(c)(2), current Attorney General Eric H. Holder, Jr., is automatically substituted for former Attorney General Michael B. Mukasey.
DECREED, that the petition for review is DENIED.
Henry Zhang, New York, NY, for Petitioner.
Gregory G. Katsas, Assistant Attorney General; Francis W. Fraser, Senior Litigation Counsel; Susan Houser, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent.
PRESENT: Hon. DENNIS JACOBS, Chief Judge, Hon. REENA RAGGI, Hon. PETER W. HALL, Circuit Judges.
Zu Ting Zhu, a native and citizen of the People’s Republic of China, seeks review of a May 2, 2008 order of the BIA affirming the March 13, 2007 decision of Immigration Judge (“IJ”) Philip L. Morace, denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Zu Ting Zhu, No. A94 915 893 (B.I.A. May 2, 2008), aff’g No. A94 915 893 (Immig. Ct. N.Y. City Mar. 13, 2007). We assume the parties’ familiarity with the underlying facts and procedural history of this case.
When the BIA issues an opinion that fully adopts the IJ’s decision, we review the IJ’s decision. See, e.g., Chun Gao v. Gonzales, 424 F.3d 122, 124 (2d Cir. 2005). We review the agency’s factual findings, including adverse credibility findings, under the substantial evidence standard. See 8 U.S.C. § 1252(b)(4)(B); see also Corovic v. Mukasey, 519 F.3d 90, 95 (2d Cir. 2008).
As an initial matter, we find that Zhu’s failure to cite the amendments made to the Immigration and Nationality Act (“INA”) by the REAL ID Act of 2005 does not constitute a waiver of his claim, as argued by the Government. Cf. Yueqing Zhang v. Gonzales, 426 F.3d 540, 545 n. 7 (2d Cir. 2005). However, we do find his challenge to the agency’s adverse credibility determination to be unavailing, as he has failed to indicate anything in the record that would compel a reasonable fact finder to conclude that he is credible.
For asylum applications governed by the amendments made to the INA by the REAL ID Act of 2005, the agency may, considering the totality of the circumstances, base a credibility finding on an asylum applicant’s demeanor, the plausibility of his or her account, and inconsistencies in his or her statements, without regard to whether they go “to the heart of the applicant’s claim.” 8 U.S.C. § 1158(b)(1)(B)(iii). We “defer to an IJ’s credibility determination unless, from the totality of the circumstances, it is plain that no reasonable fact-finder could make such an adverse credibility ruling.” Xiu Xia Lin v. Mukasey, 534 F.3d 162, 167 (2d Cir. 2008).
in finding him not credible. See 8 U.S.C. § 1158(b)(1)(B)(iii).
The IJ also expressed concern that Zhu had not adequately corroborated his claim, finding that it would have been reasonable for him to acquire oral or written testimony from his sister or his brother-in-law. We have held that an applicant’s failure to corroborate his testimony may bear on credibility because the absence of corroboration in general makes an applicant unable to rehabilitate testimony that has already been called into question. See Xiao Ji Chen v. U.S. Dep’t of Justice, 471 F.3d 315, 341 (2d Cir. 2006). Here, where the IJ had already called Zhu’s credibility into question because of his demeanor, it was proper for the IJ to rely on Zhu’s failure to provide reasonably available evidence to corroborate his claim. Id.
Considering the totality of the circumstances, we find that the IJ’s demeanor finding together with his corroboration finding provide substantial evidence in support of the agency’s adverse credibility determination. 8 U.S.C. § 1252(b)(4)(B); see also Corovic, 519 F.3d at 95. Therefore, the IJ did not err in denying Zhu’s application for asylum. Further, inasmuch as Zhu bases his withholding of removal and CAT claims on the same factual predicate as his asylum claim, those claims necessarily fail. See Paul v. Gonzales, 444 F.3d 148, 156 (2d Cir. 2006); Wu Biao Chen v. INS, 344 F.3d 272, 275 (2d Cir. 2003); Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520, 523 (2d Cir. 2005).


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8.12.040 Removal – City right to contract.
8.12.060 Contract termination – Reimbursement for equipment.
8.12.080 Vehicles employed by contractor.
8.12.120 Cans – Specifications – Use.
8.12.130 Cans – Securing against marauding animals.
8.12.135 Waste to comply with the Resource Conservation Recovery Act.
8.12.140 Residential classification – Prepared garbage.
8.12.150 Segregation of paper and swill.
8.12.164 One and one-half yard containers – Required for newly constructed multiple dwelling units.
8.12.166 One and one-half yard containers – When an account required to purchase.
8.12.170 Bulk collection – Containers.
8.12.185 Utility tax on garbage collection.
8.12.190 Collection – Schedule – Swill removal – Method.
8.12.200 Charges – Special or irregular service.
8.12.210 Charges – Loads which cannot be placed in cans.
8.12.220 Charges – Billing – Lien against property.
8.12.230 Unlawful to throw, place or scatter garbage.
There is hereby established for the city a system for the collection, removal and disposal of garbage and all waste and refuse, etc.; and providing rules and regulations for the collection and disposal of all garbage, waste and refuse within the city; providing rates for collection and disposal, and providing methods for payment therefor. (1958 Code § 5.08.010).
A. “Garbage” includes all sweepings, cleanings, trash, rubbish, litter, industrial or domestic wastes, organic waste or residue from animals, kitchen waste, whether organic or inorganic, trees, shrubs, grass, trimmings, ashes, cinders, dirt, wood, stone, brick, cans, plaster, or any materials resulting from demolition, alteration or construction, bottles, boxes, wire, nails, scrap metal or any waste substance that may become a nuisance or a hindrance to the health, sanitation or general appearance of the city.
B. “Prepared garbage” is waste material from kitchens, dining rooms, etc., from which liquids have been drained and solid matter wrapped in papers.
C. “Raw garbage” is swill or other like substance, not prepared as provided in subsection B of this section. (1958 Code § 5.08.060).
It shall be the duty of every person to cause garbage and refuse to be removed and disposed of by the garbage and refuse department of the city. (1958 Code § 5.08.120).
The city may collect and remove garbage or may on every sixth year, if desired, on or before the first day of May, ask for and receive bids for the collection, removal and disposal of garbage, refuse, waste and other substances as provided for in this chapter, and enter into garbage contracts accordingly. The contracts shall be for not more than six years, but may be made subject to cancellation by the contractor on 60 days’ written notice at the middle point only of the contract, without forfeiture by the contractor of the cash or surety bond described in EMC 8.12.050. There shall be added a charge of 20 percent to the amount from the contractor to cover the billing, collection and administration expenses of this contract, which charge shall be paid by the customer together with the original billing to the city. (Ord. 1269 § 1, 1979; 1958 Code § 5.08.020).
Contractors under the provisions of this chapter shall be required to furnish a cash or surety bond, approved by the city council, in an amount not less than $500.00, conditioned for the faithful performance of their duties, and the payment of any and all damages occasioned by their willful act or negligence of their duties. (1958 Code § 5.08.030).
Every contract entered into by virtue of this chapter shall specify that the city may terminate such contract for failure of performance on the part of the contractor, and may in any event terminate the contract upon 60 days’ notice without cause; provided that in event the contract is terminated without cause, the city shall purchase all equipment used in connection therewith at a value to be determined by a board of appraisers, one appointed by the contractor, one by the city and a third by the two thus appointed. The decision of any two appraisers is controlling. (1958 Code § 5.08.040).
From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person other than the duly authorized collector and/or contractor, to engage in the business of collection, removal or disposal of garbage, refuse, etc., in the city, or to use the garbage dump without special permission from the city for the specific purpose desired. (1958 Code § 5.08.050).
Trucks and vehicles employed by a contractor must be a packer-type body. (1958 Code § 5.08.220).
The collector shall keep an accurate account of all services by him rendered with the names, locations, and items and dates of service, on forms to be furnished by the city and shall turn the same in to the city garbage cashier not later than the twenty-fifth day of each month; and he shall also be required to provide a telephone for the receiving of calls related to matters connected with his contract, or report at regular specified times, as the city may require, to the city garbage cashier. (1958 Code § 5.08.200).
It is the duty of every person in possession, charge or control of any occupancy, business or other establishment where garbage and refuse is created or accumulates, at all times to keep or cause to be kept, portable cans for the deposit therein of garbage and refuse; and to deposit or cause to be deposited the same therein. (Ord. 1790 § 3, 1993; 1958 Code § 5.08.070).
Cans shall be water-tight, of not less than 10 and not more than 32-gallon capacity, shall have two handles at the sides thereof, and tight-fitting lids. Such lids shall not be removed except when necessary to place garbage and refuse in the cans or to take some therefrom; and the lids shall be properly replaced. Cans shall be kept in a sanitary condition with the outside clean and free from accumulating grease and decomposing material. Each can shall be placed curbside on the appropriate collection day for proper collection, removal and disposal. (Ord. 1790 § 4, 1993; 1958 Code § 5.08.080).
All garbage cans shall be protected or secured so that they are not upset by dogs or other marauding animals. (1958 Code § 5.08.100).
A. All waste generated or collected from within the corporate limits of the city which is delivered to the system for disposal shall be in compliance with the Resource Conservation Recovery Act, as amended (42 U.S.C. 6901 et seq.), Chapter 70.95 RCW, King County Board of Health Rules and Regulations #8.
B. A copy of those provisions set forth in subsection A of this section shall be made available for public review with the city clerk/treasurer, city of Enumclaw during normal business hours. (Ord. 1595 §§ 1, 2, 1990).
It is unlawful for any person, firm or corporation in the residential classification to dispose of or store garbage in standard garbage cans unless such garbage has been prepared and complies with the definition of prepared garbage as set out in this chapter; providing however, that fruit or vegetable waste resulting from canning, etc., containing a high moisture content not susceptible to ready draining, may be deposited and segregated with noncombustible garbage. (1958 Code § 5.08.110).
The city reserves the right to and may at its option, require the segregation of paper and swill or other component parts of garbage and may require the deposit thereof in separate cans and may prescribe the method of disposal thereof. (1958 Code § 5.08.150).
It is unlawful for any person, firm or corporation, to store or permit the storage of garbage for collection on or about their premises or premises occupied by them unless the garbage is kept in an approved can-container such as a 20-gallon or otherwise authorized mini-can, 32-gallon can, 95-gallon or otherwise authorized wheeled cart, recyclable bins, dumpster-container or other receptacle authorized by the city. (Ord. 1790 § 5, 1993; 1958 Code § 5.08.140).
Multiple dwelling units consisting of two to four or more units per building shall provide a city specified one and one-half yard container upon the construction of each building. That container shall be purchased by the owner and dedicated to the city. (Ord. 1374 § 1, 1982).
At the establishment of any new commercial account, or when an active commercial account changes from any other type of container to a city specified one and one-half yard container, that account will be required to purchase the initial container and dedicate the same to the city. (Ord. 1374 § 2, 1982).
Large suitable containers for bulk collection of garbage and refuse may, with the approval of the garbage department, be used by hotels, restaurants, boardinghouses, eating places, apartment houses, schools and hospitals, and in the business districts. (1958 Code § 5.08.090).
iv. Ninety-six-gallon: $7.55 per collection.
These rates include the service of curbside collection of recyclables on alternate weekly pickup in a single, 96-gallon wheeled cart. The calculated cost of this recyclable collection is $10.46 per month.
These rates do not include the service of curbside collection of recyclables as this is an optional service available to nonresidential customers.
f. Each additional collection for one-and-one-half-CY containers: $30.72 per collection.
4. Recyclables Container Rate. This rate applies to all nonresidential customer classes where 96-gallon wheeled cart container(s) will adequately serve the customer based upon alternate weekly pickup.
a. Each 96-gallon wheeled cart: $10.46 per month.
a. Each 96-gallon wheeled cart: $12.23 per month.
b. Additional bagged or properly bundled yard waste, 45-gallon bag maximum, 50-pound maximum weight: $5.25 per bag or bundle per collection.
B. No privately owned wheeled carts, dumpster-containers or recycling bins will be allowed.
C. The prices set forth above are for carts placed at the curb or shoulder or otherwise accessible by the department’s automated collection trucks. Those containers placed in a manner that prevents automated collection may not be picked up. No cart may be filled to exceed its maximum capacity, as designated on the cart lid.
D. Charges for collection of items placed outside of containers or of unusual shape or material will be based on an estimated value as established by the department.
E. Customers who terminate and then restart yard waste collection will be charged a $25.00 container delivery charge. There is no delivery charge for the initial signup. Single-family residential customers that maintain continuous yard waste service throughout the calendar year may request additional carts during the growing season that will be delivered once and removed once at no additional delivery charge. Monthly collection charges will apply to all carts requested.
F. The yard waste container rate specified in subsection (A)(5) of this section is not mandatory but optional as a service to the customer. It is intended to be available as a year-round service just as garbage collection and recycling are year-round services available to the customer.
G. Within the definition of “garbage” contained in EMC 8.12.020(A), materials referenced as trees, shrubs, grass, trimmings and related organic material shall be deemed as “yard waste.” Yard waste is not allowed in the normal refuse collection program, and must only be deposited for collection, removal and disposal as authorized through the city’s compostable (yard waste) collection program.
H. Tampering Charge. Account holders shall be charged a tampering charge as set forth in the fee resolution for removal of baffles installed in 32-gallon carts which are installed to establish the capacity of the cart at the lower capacity of 20 gallons. Removal of the baffle will result in upgrading the account to a 32-gallon service and the cart will be replaced with the appropriate cart-container.
I. Any person violating the terms of this section is guilty of a misdemeanor and shall be punished in accordance with EMC 9.00.030. (Ord. 2638 § 1, 2018; Ord. 2601 § 1, 2016; Ord. 2558 § 1, 2014; Ord. 2536 § 1, 2013; Ord. 2514 § 1, 2012; Ord. 2499 § 1, 2011; Ord. 2430 § 1, 2009; Ord. 2380 § 1, 2007; Ord. 2324 § 1, 2006; Ord. 2296 § 1, 2005; Ord. 2142 §§ 1, 2, 2002; Ord. 2036 § 1, 1999; Ord. 2006 § 1, 1999; Ord. 1931 §§ 1, 2, 1997; Ord. 1920 §§ 2, 3, 1996; Ord. 1839 § 1, 1995; Ord. 1790 § 2, 1993).
A. An eight percent utility tax shall be applied to the garbage utility gross receipts and/or amounts collected by private carriers of garbage or recyclable materials. The gross receipts consist of those moneys received from charges as set forth in EMC 8.12.180.
B. This utility tax shall be applied to mobile home parks which collect garbage or recyclable materials for the residences of the park, which amount of tax shall be determined by applying the amount of the tax rate times the amount the mobile home park pays to the disposal or receiving site.
C. The mobile home park shall submit a quarterly report in a form provided by the city setting forth, under oath, the amount of the fees paid to the disposal or receiving site, and they shall make payment of the applicable tax within 30 days from the end of each quarter. Delinquencies may be assessed interest at the rate established for judgments in King County Superior Court plus a penalty of 10 percent times the amount owed, less interest.
D. Private carriers of garbage or recyclable materials shall submit quarterly reports on amount charged to customers and pay a utility tax on the amount received from customers, at a rate as set forth above. The report shall be on a form provided by the city, and shall be submitted together with the above tax within 30 days from the end of each quarter. Delinquencies may be assessed as set forth in subsection C of this section. (Ord. 1888 § 1, 1996; Ord. 1772 § 1, 1993).
Collections in the business district shall be two or three times a week as required; collections from cafes, restaurants, butcher shops, etc., shall be made on Mondays, Wednesdays and Saturdays where unprepared garbage accumulates; provided, however, the collector may not be required to remove swill. Swill removal shall be contracted privately. Boxes, paper and combustible material shall not be placed in alleys and, should such material find its way there, it shall at once be removed by the party responsible therefor. The collector shall see that the alleys, streets and private property he may cross are left in a clean and sanitary condition after loading. The collector, or anyone hauling garbage, shall not permit any material to be dropped or spilled from the truck on any of the public ways of the city, nor on or along the side of roads in King County. (1958 Code § 5.08.230).
Should more or less frequent service in the residential or business districts or any part thereof be directed by the garbage department, an increase or decrease in rates proportionate to the added or reduced cost of service shall be made.
Where can is kept within a basement, in a building or upstairs and is inaccessible by reason of locked doors, or it is necessary to call or knock for owner or occupant of building to gain admittance, an additional charge based upon the time consumed shall be made. (1958 Code § 5.08.210).
Special loads that cannot be placed in cans may be contracted for with the collector, who in turn shall turn in the charges for such special loads to the city garbage cashier for collection. Ninety percent of the moneys so collected for special loads shall be paid to the contractor each month, which moneys shall be paid in addition to the amounts specified in his contract. (1958 Code § 5.08.190).
There will be collection charges to be billed by the city on the first business day of each and every second month for the previous two months and shall be payable within 30 days thereafter and if not so paid shall become a lien against the property for which the garbage service is rendered and collectible as provided in RCW 35.21.140 and 35.21.150. (1958 Code § 5.08.180).
It is unlawful for any person, firm or corporation to throw, place or scatter any garbage as listed above upon a city street, alley or driveway, or adjacent thereto, either with or without the intent of later removal or to suffer or permit the accumulation of such on any premises owned, occupied or controlled by the person, firm, or corporation, which would make the premises offensive, unsanitary, unsightly or unsafe to public health or hazardous to fire. (1958 Code § 5.08.130).
It shall be the duty of every person in possession, charge of or control of any dead animal, or any premises on which the same may be located, to cause the same to be removed and disposed of within 24 hours. A charge shall be made by the city of $0.50 for cats, dogs or small animals. (1958 Code § 5.08.160).
Any person who violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.08 EMC. (Ord. 1079 § 2, 1973; 1958 Code § 5.08.260).

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Daytona Beach, trafficking in cocaine; David Allen Johnson, 36, Daytona Beach, drug offense; Michael N. Manuel, 47, Daytona Beach, drug offense.
SUITS: George A. Brown v. State of Florida, habeas corpus; Jared Penney v. Memorial Hospital West Volusia Inc., medical malpractice; LVNV Funding LLC v. Marvinlee Wilkes, in excess of $15,000; Carmen Torres v. County of Volusia, premises liability commercial; Wells Fargo Bank NA v. Rita Vento, real property; Diane M. Matousek v. Stephanie Collini, other circuit civil; Eric Sauers v. Brian I. Blackwelder, other circuit civil; Diane M. Matousek v. Monica McKune, other circuit civil; Federal National Mortgage Association v. David D. Dague, real property; Federal National Mortgage Association v. Sue C. Allen, real property; Federal Insurance Co. v. Jackson L. Munsey, other circuit civil; Diane M. Matousek v. Royal Palm Court Condominium Homeowners Association, other circuit civil.
MARRIAGES: Michael S. Davis and Holly L. Radford, Ormond Beach; Bruce E. Jones and Kerry L. Dimauro, Edgewater; Phillip J. David and Christina M. Schlegel, Daytona Beach; Joseph A. Day and Fayelyn N. Weaver, Daytona Beach; Dantel D. Rivers and Ingrid N. Edwards, Holly Hill; Jerome E. Schultz and Lynda M. Marmol, Ormond Beach; Lona E. Perry, Mailton, Ohio, and Vivian L. McGuire, Holly Hill; Travis B. Gino, Ormond Beach, and Kristin M. Moody, Port Orange; Dhandre R. Presley and Brittany S. Haynes, Port Orange; Micah C. Jackson and Kristin J. Smith, Port Orange; Cory M. Borden and Nicole L. Piro, Holly Hill; Jason J. McClure and Mindy L. Hillman, DeLand; Brett S. Harvey, Danielson, Conn., and Virginia R. Doud, Deltona; Alfred J. Sparks and Erin T. Uhlein, DeLand; Marcus A. Carroll and Maureen L. Nonnemacher, Deltona; George B. Lambert and Carol A. Riccardi, Deltona; Michael J. Gillem, Osteen, and Lidia Y. Afre, Deltona.
MARRIAGE DISSOLUTIONS STARTED: Louis v. Karen A. Marenghi; Ryan v. Amy Funk; Dorothy L. v. Michael L. Robb; Amanda C. Thomas v. Wesley Fealy; Alberto Pierre v. Maria Borrego; Elizabeth C. v. Charles R. Swenson; Andrew C. v. Stella H. Betsy.
MARRIAGE DISSOLUTIONS GRANTED: Israel and Kelly L. Moreno; Madeline and Carlos J. Perez.
ISITT: Janice and Shonn Isitt, DeLand, are the parents of a son weighing 9 pounds, 1 ounce, born at 6:32 p.m. July 17, 2013, at Florida Hospital Memorial Medical Center, Daytona Beach.
KOP: Angela and David Kop, DeLand, are the parents of a daughter weighing 7 pounds, 8 ounces, born at 5:25 a.m. July 21, 2013, at Florida Hospital Memorial Medical Center, Daytona Beach.
SANDOVAL/BOWMAN: Jose Sandoval and Noelle Bowman, Palm Coast, are the parents of a son weighing 6 pounds, 1 ounce, born at 12:01 a.m. July 18, 2013, at Florida Hospital Memorial Medical Center, Daytona Beach.

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