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Bavarian Elector Max IV Joseph, Ordinance on "the Circumstances of State Servants, especially regarding their Status and Salary," cosigned by Montgelas (January 1, 1805)

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and whether he is to be left, in the one instance or the other, with either all or a part of his service-based salary, in addition to the rank-based salary and title he retains in retirement.

XVIII. The directors and councilors of the Judicial Colleges retain, in all cases of retirement, their entire salary. [ . . . ]

XXIV. With regard to the inevitable insufficiencies of income for the widows and orphans of state servants, the state will undertake to establish a surrogate in the form of a pension system commensurate with the state servant’s level of familial support and the means of the state budget. The associated regulations are included in the following paragraphs.

§1. The pension, as a supplemental component of the salaries passed on to widows and orphans of state servants, is determined solely on the basis of the salary of the testator; it excludes any consideration of his own private wealth or poverty, and considers only whether he was actively employed or retired.

§ 2. If a state servant dies while in service, his widow receives one fifth of his permanent total monetary salary as a pension.

This total monetary salary consists solely of the rank-based salary and the service-based salary granted as a fixed sum of money. [ . . . ]

§ 4. Whether the deceased father was actively employed or retired, each child, as a half-orphan or fatherless orphan, receives one fifth; and as a full or father- and motherless orphan, three tenths of the widow’s pension, as a contribution to support and education. [ . . . ]

§ 24. All of the pensions whose provisions are noted in the previous paragraphs are paid from state funds.

This state benefit in no way rules out the establishment of a special supplemental widows’ and orphans’ insurance plan funded by the private assets of state servants who join a society to this end; instead, such a contribution toward improving the condition of family members of state servants ties in with the state’s most earnest charitable arrangements. [ . . . ]

Source: Churpfalzbaierisches Regierungsblatt. VIIth issue dated 13 February 1805. Col. 225-234, 239.

Reprinted in Walter Demel and Uwe Puschner, eds., Von der Französischen Revolution bis zum Wiener Kongreß 1789-1815 [From the French Revolution to the Congress of Vienna, 1789-1815]. Deutsche Geschichte in Quellen und Darstellung, edited by Rainer A. Müller, volume 6. Stuttgart: P. Reclam, 1995, pp. 130-36.

Translation: Erwin Fink

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