Law for the Transfer of Claims and Entitlements from Additional and Special Supply Systems of the Accession Area (Claim-and Eligibility Transfer Act-AAÜG)

Unofficial table of contents

AAÜG

Date of completion: 25.07.1991

Full quote:

" Claim-and Anwartschaftsüberleadership Act of 25 July 1991 (BGBl. I p. 1606, 1677), most recently by Article 13 of the Law of 19 December 2007 (BGBl. I p. 3024).

Status:

Last amended by Art. 13 G v. 19.12.2007 I 3024

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.8.1991 + + +) 

  

The G was decided as Article 3 G 826-30-1 v. 25.7.1991 I 1606 (RÜG) of the Bundestag with the approval of the Bundesrat; the G was proclaimed on 31.7.1991 and is gem. Art. 42 (8) entered into force on the day after the announcement.

First section

Unofficial table of contents

§ 1 Scope

(1) This Act applies to claims and claims which have been acquired on the basis of affiliation to supplementary and special supply systems (supply systems) in the accession area (§ 18 paragraph 3 Fourth Book of the Social Code). To the extent that the schemes of the pension schemes provided for a loss of entitlement to leave the supply system prior to the performance, this loss was deemed not to have occurred. (2) Additional supply systems are those in Appendix 1 (3) Special supply systems are the systems referred to in Appendix 2. Unofficial table of contents

§ 2 Principles of transfer

(1) The supply systems referred to in Annex 2 (1) to (3) shall be closed on 31 December 1991. (2) Claims and entitlements acquired in supply systems under Annex 1 (1) (1) to (22) and Annex 2 to benefits for reduced Disability, age and death are transferred to pension insurance as at 31 December 1991. From 1 January 1992, the provisions of these pension schemes shall no longer apply, without prejudice to Section 4 (4). (2a) Claims and entitlements acquired under the provisions of the first sentence of paragraph 2 shall be the acquired rights in the supply systems referred to in Annex 1 (23) to (27). on 30 June 1993. From 1 July 1993, the regulations of the supply systems are no longer applicable, without prejudice to § 4 (4). (3) A right to supplementary pension is based on periods from a supply system or are periods from a supply system. The claims are considered to have been acquired in a pension scheme. Unofficial table of contents

§ 3 insured persons

The obligation of insurance and contribution of persons to be covered by a pension scheme on 31 December 1991 shall be subject to the provisions of the Sixth Book of Social Code of 1 January 1992. The provisions of the Sixth Book shall apply to persons covered by insurance from that date, even during the period for which they relate to the invalidity pension when particular age limits or temporary extended care are reached. Social Code in relation to early retirement benefits in accordance with the rules applicable to the accession area. Unofficial table of contents

§ 4 Transfer to the pension insurance

(1) entitlements acquired in supplementary pension schemes shall be transferred to the pension insurance scheme to the following benefits:

1.

supply for occupational incapacity and supplementary invalidity pensions,

2.

supplementary pension provision and

3.

additional survivor's care.

(2) The pension insurance scheme shall be transferred to the following benefits in special pension schemes:

1.

Invalidity pension and full service damage,

2.

Old-age pension and

3.

Survivor's pension as well as service damage survivor's pension.

(3) The benefits referred to in paragraphs 1 and 2 shall be treated as a pension calculated in accordance with the rules applicable to the accession territory. Where:

1.

the pensions referred to in paragraph 1 (1) and the pensions referred to in paragraph 2 (1) as an invalidity pension;

2.

the pensions referred to in paragraph 1 (2) and the pensions referred to in paragraph 2 (2) as an old-age pension;

3.

The supply referred to in paragraph 1 (3) and the pensions referred to in paragraph 2 (3) as survivors ' pensions.

(4) A pension shall commence in accordance with the provisions of the Sixth Book of Social Code in the period from 1 January 1992 to 30 June 1995 and the person concerned or the person from which the entitlement was derived had his residence on 18 May 1990; or habitual residence in the accession area, is in the case of membership of a

1.

Supplementary pension scheme of at least the monthly amount, which is the sum of the pension and the supply on the basis of the pension rights in force on 31 December 1991 in the accession area and the relevant provisions governing the performance of the pension scheme at that date. of the respective supply system as of 1 July 1990,

2.

Special supply system of at least the monthly amount resulting from the performance of the respective pension scheme as of 1 July 1990, which is based on the relevant provisions of the respective pension scheme on 31 December 1991,

at most, however, the respective maximum amount pursuant to § 10 (1) or (2), to increase by 6.84 of the hundred and to be paid until the pension calculated in accordance with the provisions of the Sixth Book of Social Code reaches that amount. The first sentence shall apply only if the beneficiary or the person from which the authorisation is derived would have had a claim from the pension scheme if the schemes of the supply systems were to be applied further. At least the amount to be paid is to be paid. The adjustment will take place on 1 July of each year with the current pension value. For this purpose, personal pay points shall be calculated from the amount determined in accordance with the first and second sentences of July 1990 in accordance with the rules of the accession territory, by means of the current pension value and the amount corresponding to the pension after the sixth Book Social Code is divided into the pension type factor. If the monthly amount of the adjusted amount is less than the monthly amount of the performance determined in accordance with the rates 1 and 2, it shall be paid until such time as the adjusted pensions reach that amount. Sentences 1 to 6 shall also apply at the beginning of a pension for death in accordance with the provisions of the Sixth Book of the Social Code in the period from 1 July 1995 to 31 December 1996, when the deceased insured person has received a pension which: (5) The following shall apply in respect of the transfer of the entitlements acquired in pension schemes to the pension insurance scheme. Rules on the taking into account of periods of affiliation with a supply system. Unofficial table of contents

§ 5 compulsory contribution periods

(1) periods of membership of a pension scheme in which employment or activity has been pursued shall be regarded as compulsory contribution periods for the pension insurance scheme. These periods shall apply from 1 January 1992 to the provisions of the Sixth Book of the Social Code, unless otherwise provided in this Act. Periods of belonging to the pension scheme pursuant to Appendix 1 No 17 are periods of practice of a dancer who, after leaving the dancer profession, is subject to a professional application to ballet members in state institutions (2) As periods of membership of a pension scheme, periods completed before the introduction of a pension scheme in the social security insurance scheme or in the voluntary supplementary pension scheme shall also apply. if these times, the supply system had already existed, in which (2a) As a time of belonging to a supply system, there are also waiting periods for a re-relationship with the supply system. (3) At times of belonging to a supply system, the system of supply systems is subject to the following conditions. Supplementary pension scheme, for which a refund has been made, shall be based on the earnings insured in the social security insurance (§ 256a para. 2 Sixth Book of the Social Code); § § 6 and 7 are to be applied. (4) A reimbursement of contributions shall not be available if it has not been requested by the beneficiary and if the contributions are not of the trustee administration. If no decision has yet been taken on the payment of the trustee-managed assets, the amount corresponding to the sum of the administered and in proportion two to one amounts converted to Deutsche Mark is the Federal Insurance Office for the To be made available. The Federal Insurance Office shall take this amount into account in the settlement in accordance with § 15 (4).

Second section

Unofficial table of contents

§ 6 Type of transfer to the pension insurance

(1) The compulsory contribution periods provided for in this Act are, for each calendar year, as merit (Section 256a (2) Sixth Book of the Social Code), the salary or earned income achieved at the most up to the respective contribution measure limit according to the Appendix 3. By way of derogation from the first sentence, the amount of 2,700 German marks per month, from 1 January 1991 to 30 June 1991, shall be the amount of 3,000 Deutsche Mark during the period of membership of a special supply system after 30 June 1990 to 31 December 1990. in the month and from 1 July 1991 to 31 December 1991, the amount of the 3,400 Deutsche Mark in the month. The provisions of Articles 1 and 2 shall also apply where the basis for calculating the transitional allowance in accordance with § § 47, 48 of the ninth Book of the Social Code or by other bearers of participation in the working life shall be subject to the provisions applicable to those provisions from an income before the (2) For periods of membership of a supply system in accordance with Appendix 1 or Appendix 2, No. 1 to 3 to 17 March 1990, in which an occupation or activity was carried out as a

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 Security Division up to the level of the sector leaders or as the respective substitutes,

3.

First or Second Secretary of the SED District or District Administration as well as Division or Head of Unit for Security or Head of Department for State and Legal Affairs,

4.

Minister, deputy minister or voting member of the State or Council of Ministers, or their respective alternates,

5.

Chairman of the National Defense Council, Chairman of the Council of State or Chairman of the Council of Ministers, and as alternate members appointed in these offices,

6.

Prosecutor in the Department I of the District Attorney's Office responsible for the investigative procedure to be carried out by the Ministry of State Security and the Office of National Security,

7.

Prosecutor of the Public Prosecutor's Office of the GDR,

8.

Member of the District or District Operations Board,

9.

Prosecutor or Judge of the I-A-Senate,

(3) (4) For periods of affiliation with the pension scheme of the former Ministry of State Security/Office for National Security Safety is not taken into account in the course of the performance of the work, in addition to wages or work income, in addition to work income or work income. In the case of periods in accordance with the first sentence, a wage or salary shall not be taken into account if, for the same period, periods of contribution in the statutory pension insurance scheme of the Federal Republic of Germany are to be taken into account without the accession territory. To the extent that wages or work income are used as earnings in accordance with the second sentence of § 7 (1) sentence 2, these periods shall be deemed to be periods of membership of the special supply system in accordance with Annex 2 (4). (5) For periods of time for which § 256b (1) and § 256c (1) and (3) sentence 1 of the Sixth Book of Social Code shall apply mutafically to the merits of the merits. The relevant merit is to be determined by the respective, in the case of § 256c (3) sentence 1 of the Sixth Book of the Social Code, the value of Appendix 14 of the Sixth Book of Social Code increased by one fifth by the factor of Appendix 10 of the Social Code. Sixth Book of the Social Code of the same year is shared. The relevant earnings shall not exceed the respective amount of Appendix 3, in the cases referred to in paragraph 2 or 3, up to a maximum of the respective amount resulting from the application of paragraph 2, and in the cases of § 7, up to the maximum of the amount of the (6) If part of the merit is proved and the other part is made credible, the credibly made part of the merit shall be taken into account in five sixths. (7) the compulsory contribution periods shall be allocated to the supply system, in which they have been completed. This also applies to the extent that contributions to voluntary supplementary pension insurance have been paid during the membership of a pension scheme, or if periods of belonging to a pension scheme are later included in the voluntary supplementary pension insurance scheme. (8) The provisions of the Sixth Book of Social Law are to be applied to the allocation of periods to the pension insurance scheme. In addition, the periods of general pension insurance are allocated. (9) The calculation principles of the Sixth Book of Social Code are to be applied.

Footnote

§ 6 para. 1 sentence 1 (iVm Appendix 3): In accordance with the decision formula with the GG, it is compatible with the GG. BVerfGE v. 28.4.1999 I 1092-1 BvR 1926/96, 1 BvR 485/97-
§ 6 para. 2 no. 4: In accordance with the decision formula, it is compatible with the GG. BVerfGE v. 6.7.2010 I 1157-1 BvL 9/06, 1 BvL 2/08- Unofficial table of contents

Section 7 Limit of the charges to be taken into account

(1) The remuneration or labour income applicable to the pension scheme of the former Ministry of State Security/Office for National Security up to 17 March 1990 shall not exceed the amount of the amount of the remuneration or the amount of the labour income of Appendix 6. The first sentence shall also apply to pay or work income related to the work covered during a covert activity of the Ministry of State Security/Office for National Security, if during the period of time of the covert (2) The main professional staff of the Ministry of State Security/Office of National Security for the purposes of this Act are persons who are officers of the Ministry of State Security/Office for National Security the State Security in special use or in a service or Working relationship with the Ministry of State Security/Office for National Security has been hidden. (3) As a time of belonging to the pension scheme of the former Ministry of State Security/Office for National Security, or as a time of activity as the main professional staff of the former Ministry of State Security/Office for National Security, periods of activity in the State Secretariat for State Security of the Ministry of the Interior are also valid, not but times of temporary assignment of the German Border Police, the transport police and the Volkspolizei-preparedness to the Ministry of State Security or the State Secretariat for State Security of the Ministry of the Interior. Unofficial table of contents

§ 8 Procedure for the communication of the transfer data

(1) The supplier responsible for the transfer of the claims and entitlements shall immediately inform the institution responsible for the determination of the benefits of the pension insurance of the data relating to the performance of the insurance and the insurance and the insurance scheme. necessary to determine the benefits from the pension insurance scheme. This also includes the actual earnings or earnings of the person entitled to work, or the person from which the entitlement is derived. In the case of periods which would have been entered in the passport for employment and social security without belonging to a special pension scheme, the pension insurance institution responsible for the award of benefits shall be separated for each of the following: The calendar year for the application of Section 252a (2) of the Sixth Book of the Social Code to be notified of the sum of the working days of work, which includes seven calendar days of the working outage as five working days. The provider shall be entitled to request the data in accordance with the first sentence also by third parties. These have the supply carrier

1.

provide immediate information on all the facts necessary for the implementation of the transfer, and

2.

shall, on request, submit without delay the documents from which the facts emerge.

The providers of supply pursuant to paragraphs 4 (2) and (3) shall take the data to be determined, taking into account the information provided by the Federal Government Commissioner for the documents of the State Security Service of the former German Democratic Republic existing data. Sentence 6 shall also apply to the provider referred to in paragraph 4 (1) if it has concrete indications that the person entitled or the person from whom the authorization is derived belongs to the group of persons referred to in Article 7 (2). (2) The The provider of the pension insurance institution shall inform the institution responsible for determining the benefits of the pension insurance of the actual earnings or earnings or the data which are actually obtained after the application of § § 6 (2) and (3) and (7) (3) The supplier has the substance of the notification referred to in paragraph 2 by the person entitled to Let us know. The provisions of the Third Section of the First Chapter of the Tenth Book of Social Law are to be applied. (4) Are the providers of the services

1.

the German Pension Insurance Association for the supplementary pension schemes of Annex 1 (1) to (27) and,

2.

the successor to the function referred to in Article 13 of the agreement for the special supply systems of Appendix 2.

3.

(dropped)

(5) The pension insurance institution responsible for the determination of the benefits shall be responsible for the performance of the duties of the pension insurance. It is bound by the decision of the supplier. (6) The providers are entitled to conclude agreements with one another on the performance of tasks under this Act, insofar as this does not result in a different allocation of the tasks due to the The costs incurred are incurred. The provisions of the First Section of the Third Party shall apply to persons with entitlements transferred to the pension insurance scheme for the purpose of carrying out the insurance and the determination of benefits, without prejudice to the competence referred to in the first sentence of paragraph 5. Chapter of the Sixth Book of Social Law. Section 126 (1) sentence 4 of the Sixth Book of the Social Code, as amended by the Second Law on Modern Services on the Labour Market of 23 December 2002 (BGBl. 4621) is to be applied at the beginning of retirement until 31 December 1993 with the proviso that the Deutsche Rentenversicherung Bund is responsible for the determination of benefits. If the German Pension Insurance (Deutsche Rentenversicherung Knappschaft-Bahn-See) is responsible for the determination of benefits in the case of persons with claims transferred to the pension insurance scheme, it is responsible for the German pension insurance scheme for the German pension insurance scheme. Pension insurance The Federal Government also determines the benefits or benefits resulting from the transfer of the claims; otherwise the German Pension Fund is entitled to make agreements with other institutions of the pension insurance scheme on the the implementation of insurance and the determination of benefits. Benefits in the form of benefits, which are based on claims or entitlements transferred to the pension insurance scheme, are also expenses within the meaning of Section 15 if, on the basis of the rates 2 to 4, they are provided by another institution of the pension insurance scheme for the Deutsche Rentenversicherung Bund is determined or disbursed. (7) For the implementation of the recalculation pursuant to § 307c of the Sixth Book of the Social Code, documents are not available or are not fully available and explained to the beneficiaries believable that even he does not have and does not procure any documents , it may be assumed that the person entitled to the employment has the right to be employed in the manner and duration of employment and the area in which the employment has been carried out, unless there is evidence that it is not the case. § 6 (5) and 6 (6) shall apply only to the extent that a merit cannot be determined in any other way. (8) For the provider of the supply, there is evidence that the person entitled or the person from whom the authorization is derived not only He/she shall inform the pension insurance institution of this and the corresponding period of time of belonging to the pension scheme. He shall also transmit to him the documents which are available to him and which are necessary for the determination of periods of rentenlegal periods not covered by a supply system. Unofficial table of contents

Section 9 Payment of benefits

(1) The pension insurance shall not be transferred:

1.

Claims for benefits due to premature dismissal on reaching special age limits or certain service periods, in particular:

a)

Transitional pension,

b)

Early retirement money,

c)

Invalidity pension on reaching special age limits and

d)

temporary extended supply.

2.

Claims for invalide participants and service damage.

3.

Claims on parental pensions.

The provisions of the First Book of Social Law are to be applied accordingly. The benefits provided for in the first sentence shall be deemed to be the income of employment within the meaning of Article 18a (1) (2) of the Fourth Book of Social Code. (2) Benefits referred to in paragraph 1, which were entitled to take effect on 31 December 1991, shall be from 1 January 1992 by the German authorities. Pension insurance scheme paid out in the amount notified by the provider. The payment shall end at the date on which the supplier has determined the termination. (3) The provider of the service to be paid by 31 December 1991 for the payment of benefits under paragraph 1 shall be terminated on the basis of the payment of the benefits. The German Pension Fund does not release the Federal Government from its responsibility towards the beneficiary. It shall determine the circumstances governing the payment of the benefit and its modification, including the termination of the performance, and shall adopt the necessary administrative acts. In addition, he has to submit to the German Pension Insurance Association the data necessary for the payment of the benefits and their termination. (4) If the income of the beneficiary is to be taken into account in the case of a benefit in accordance with paragraph 1 of this article, Employers, social security institutions, financial authorities and other third parties to provide the supplier with the necessary information on request.

Footnote

§ 9 (1) sentence 1 no. 2 sentence 2: In accordance with the decision formula with GG, incompatible with GG. 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

Unofficial table of contents

Section 10 Preliminary limitation of payment amounts

(1) The sum of the amounts of the equivalent pensions of the pension insurance scheme and the benefits of the supplementary pension schemes set out in Annex 1 (2), (3) or (19) to (27) and the payment of the benefits of the special pension schemes referred to in Annex 2 (1) to (3). or the sum of the amounts of the benefits provided for in Article 4 (2) (1) and (2) shall be limited to the following maximum amounts, including the marriage surcharge, from the first of the calendar month following the delivery of that law:

1.

for insurance rents at DM 2,010,

2.

for widows or widower's pensions at 1,206 DM,

3.

for full orphan rents to 804 DM and

4.

for half-orphans at 603 DM.

(2) By way of derogation from paragraph 1, benefits granted under the special pension scheme of the former Ministry of State Security/Office for National Security shall be deemed to be § 2 of the Law on the abolition of the pension scheme of the former Former Ministry of State Security/Office for National Security of 29 June 1990 (GBl. I n ° 38 p. 501). § 2 of the Law on the Repeal of the Supply Regulations of the former Ministry of State Security/Office for National Security of 29 June 1990 (GBl. 501) shall also apply to similar pensions of pension insurance or pension schemes or, in the case of multiple benefits, benefits from own non-deducted claims for the sum of the amounts of payments where benefits are payable to: former members of the Ministry of State Security/Office for National Security, who, after 30 September 1989, have been transferred to the pension insurance or other pension scheme. These claims shall be deemed to have been acquired in the special supply system referred to in Appendix 2 (4). (3) Paragraphs 1 and 2 shall apply mutatily if a supplementary pension is based on periods of a supply system or periods of retirement (4) The amount of a similar pension from the social insurance scheme exceeds the amount of the payment referred to in paragraph 1 or 2, the amount of the pension of the pension insurance shall be repaid. (5) The limit shall be limited to the amount of the pension scheme. Paragraphs 1 and 2 shall be made by the provider of the service. Where, in the cases referred to in paragraph 2, the benefit has been paid by a pension insurance institution in December 1991, it shall carry out the limit; the supplier shall, on request, inform him of the data required. It is not necessary to consult a party before the date on which the decision is made. § 8 (3) sentence 2 shall apply. Unofficial table of contents

§ 11 Adjustment of pension benefits due to premature dismissal

(1) The payment amounts arising from pension benefits resulting from premature dismissal when particular age limits or periods of service from special supply systems are reached shall be the first of the following: The calendar month shall be limited to the following maximum amounts:

a)

early retirement pension, invalidity pension on reaching special age limits and temporary extended coverage of the maximum amounts applicable in accordance with § 10 (1) sentence 1 and 2 (2),

b)

Transitional pension to the amount of 400 DM.

Pensions due to reduced earning capacity or similar benefits of a public-law nature shall be credited to these pensions. Section 10 (5) shall apply mutatis. (2) In addition to the benefits provided for in the first sentence of paragraph 1, the first of the calendar month following the delivery of this Act to transitional and other partial pensions from special supply systems shall not apply. is granted. (3) The entitlement to benefits in accordance with the first sentence of paragraph 1 shall be waived at the beginning of an old-age pension or a similar service of a public-law nature, at the latest by the end of the month preceding the month, in which, for the first time, one of these benefits can be obtained without reduction due to premature use. (3a) The supplier shall be entitled to the beneficiaries who meet the conditions for entitlement to an old-age pension without a reduction in retirement age. may or is likely to be satisfied in the foreseeable future, to apply for a pension within one month. If the person concerned does not submit the application, the right to the pension shall be based on the end of the month in which the period expires. The claim lives again on the end of the month in which the entitled person makes the request. He shall return to life retroactively if the person entitled proves that the conditions for entitlement to old-age pensions were not met. The rates 1 to 4 shall also apply if, during the course of a partial pension due to age, the person entitled to a pension may fulfil the conditions for a higher pension than the relevant part of the pension or is likely to fulfil it in the foreseeable future. (3b) Is the beneficiary

1.

a pension due to age, and

2.

The monthly amount of the pension on the basis of age, reduced by half the contribution to statutory health insurance and social care insurance, shall be reached during the month in which the decision on the authorisation of the pension is due to the Recognition of the pension entitlement is cancelled, not the amount of the amount of the amount of the contribution to the statutory health insurance and the social care insurance reduced to this month according to the income statement supply performance,

the supplier shall pay compensation in lieu of the pension in respect of the supply of the pension in respect of the periods for which the pension is awarded. This amount shall be paid in the amount of the respective difference according to sentence 1, no. 2, as long as the service has otherwise been granted; § 3, sentence 1, no. 3, 4 and § 229a (1) of the Sixth Book of the Social Code and § 3 are not applicable. The amount of the compensatory amount shall be reestablished and paid in accordance with the provisions of sentences 1 and 2 as from the date on which the monthly amount of the pension is changed on account of changes in the earnings. In addition, § § 18b to 18e of the Fourth Book of the Social Code are to be applied accordingly. (4) Paragraphs 1 to 3 apply even when early retirement or invalidity pension when special age limits are reached following a fixed-term (5) Service damages and invalidity participants are limited to the corresponding percentage of the insurance pension in accordance with § 10 (1) sentence 1 and (2). In addition to pensions within the meaning of § 4 (2) (1) and (2) and (3) (1) and (2) as well as pensions for reduced earning capacity or similar benefits Public law shall not grant such partial pensions from special supply systems. If, for the same period, entitlement to a number of sub-pensions consists of special supply schemes, the total amount of the pension shall be at most equal to the amount which would result as a full pension; the second sentence shall be applied. Entitlement to benefits in accordance with the first and third sentences and in the first sentence of paragraph 1 (b) shall not apply at the beginning of a pension on the grounds of age or similar benefit of a public-law nature, at the latest by the end of the month of that month. , in which one of these services can be obtained without a reduction due to premature use. Sentences 1 to 4 apply from the first of the calendar month following the announcement of this law; § 10 para. 5 applies accordingly. (5a) The right to service damage pension from a special supply system according to Appendix 2 No. 1 to 3 is deleted 31 December 1996. The right to service damages arising from the special supply system referred to in Appendix 2, No 4, shall be cancelled on 28 February 2002. (6) The pension benefits referred to in paragraphs 1 and 5 shall be taken after 31 December 1991 in respect of pension adjustments of 50 per cent of the respective adjustment. The maximum amounts referred to in paragraphs 1 and 5 may not be exceeded before 1 January 1995. (7) The rules of the special pension schemes on the reduction of the pension benefits referred to in paragraphs 1 and 5 above shall be prohibited. shall continue to apply until the entry into force of a legal regulation applicable to them in accordance with Section 16 (3), with the proviso that the amount which would have surrendered to the recipient of the service for the month of June 1991 shall be the amount of the invoice. This amount shall be adjusted in accordance with the provisions of the first sentence of paragraph 6. (8) If there is a right to a modified transitional pension from the special supply system referred to in Annex 2 (1), the transitional pension shall only be in the basic form. . The first sentence shall apply to the transitional pension arrangements. Unofficial table of contents

§ 12

(dropped) Unofficial table of contents

§ 13 Setting of benefits

(1) The following services shall no longer be granted by the first of the calendar month following the announcement of this law:

1.

pensions in accordance with Article 4 (2) of the special pension scheme pursuant to Annex 2 (4), if at the same time a pension is paid in accordance with the provisions of the Federal Republic of Germany without the accession territory,

2.

The service provided by the special supply system of Appendix 2, No 2,

3.

Benefits in accordance with Section 9 (1) (1) to former members of the Ministry of State Security/Office for National Security, which have moved to the area of other supply systems after 30 September 1989, with the exception of: Invalidity pensions pursuant to section 9 (1) (1) (c) on the basis of a dismissal before 1 July 1990.

4.

(dropped)

5.

(dropped)

(2) Benefits from the special supply system according to Appendix 2, point 4, which have been approved for the Ministry of State Security/Office for National Security, although an affiliation with the supply system according to Appendix 2 (3) The decision referred to in paragraph 1 shall be taken by the provider of the supply. It is not necessary to consult a party before the date on which the decision is made. § 8 (3) sentence 2 shall apply. Unofficial table of contents

Section 14 Transitional arrangements for supply systems pursuant to Annex 1 (23) to (27)

(1) In the case of the transfer of the rights acquired in a supply system pursuant to Annex 1 (23) to (27), the pension shall be recalculated, taking into account the periods of membership of a supply system. This also applies to pensions under the Sixth Book of Social Code, which began in the period from 1 January 1992 to 30 June 1993, when entitlement to a benefit from the pension scheme was not available. (2) Inventory on 31 December 1991 Claim 1. (3) The entitlement to the transferred benefit in the period from 1 January 1992 to 30 June 1993 shall be the subject of a new pension calculation in accordance with § § 307b and 307c of the Sixth Book of Social Code. Recharge pension from the beginning of retirement. Section 4 (4) shall apply. If the monthly amount of the newly calculated pension is less than the monthly amount of the transferred benefit, including the pension from the pension insurance or the monthly amount resulting from the application of § 4 (4), the higher amount shall be until the newly calculated pension reaches the amount to be repaid. (4) The pension on 30 June 1993 is entitled to a pension under the Sixth Book of Social Code, but not to a benefit from the pension scheme, the pension is lower than the amount of the pension under the Social Code. To recalculate the application of the first sentence of paragraph 1. If the monthly amount of the newly calculated pension is less than the monthly amount of the previous pension, it shall be paid until the newly calculated pension reaches the amount to be repaid. (5) For beneficiaries whose pension is subject to the provisions of paragraphs 1 to 4 is to be recalculated, up to the recalculation of the pension for the determination of the amount of the increase resulting from pension adjustments in accordance with the provisions of the Sixth Book of Social Code, § 14 (3) in the period up to 30 June 1993. To continue to apply. Unofficial table of contents

Section 14a Continuation of foes

In the case of compulsory contribution periods under this Act, for which a supplier or a institution of the statutory pension insurance scheme has made a determination by 23 June 2005, on the basis of which the pension is determined in accordance with the provisions of the 6 (2) of this Act is not to be applied to the sixth Book of the Social Code, which is based on a merit exceeding the amount of Appendix 5. Unofficial table of contents

Section 14b Review of convicted foes

Modesty for the transfer of claims or entitlements from supply systems according to Appendix 1 or Appendix 2 Nos. 1 to 3 and notices on the determination of claims in accordance with the Sixth Book of Social Code, to which periods of belonging to a supply system in accordance with Appendix 1 or Appendix 2 No. 1 to 3, which were unquestionable on 23 June 2004 and which are based on § 6 para. 2, 3 of this Act as amended by the AAÜG Amendment Act of 11 November 1996 (BGBl. 1674) or 2. AAÜG Amendment Act of 27 July 2001 (BGBl. I p. 1939), can only be withdrawn with effect for the period after 30 June 2004. Unofficial table of contents

Section 15 Repayment of expenses

(1) The Federal Government shall reimburse the German Pension Fund for expenses, including the administrative costs incurred by the Federal Government as a result of the transfer under this Act. Appropriate advances shall be paid to the amounts reimbursed. (2) The expenses incurred by the Federal Government through the refund referred to in paragraph 1 shall be equal to the expenditure incurred by the special supply system in accordance with Annex 2, point 2, and in the amount of two Third, the costs of the supplementary pension schemes set out in Annex 1 (1) to (22) shall be reimbursed by the countries in the accession territory. The share of expenditure on supplementary pension schemes under Annex 1 (1) to (22), which is to be paid by the countries in the accession area to the Federation, is reduced to 64 from the hundred in 2008, to 62 from the hundred in 2009 and to 60 from the A hundred as from 2010. (2a) (omitted) (3) Paragraph 1 shall also apply to expenses incurred by the German Pension Insurance Association by the payment of benefits in accordance with § § 9 and 11. The expenses incurred by the Federal Government in respect of this refund shall be reimbursed to it by the countries in the accession territory in so far as they are incurred for the benefit of persons entitled to benefits under the supply system under Annex 2 (2). (4) The Federal Insurance Office shall carry out the settlement and shall fix the advances. It shall also determine the proportion of the refund applicable to the respective Land in accordance with the ratio in which the number of inhabitants of that country is the total number of inhabitants in the accession area. The Federal Statistical Office shall inform the Federal Statistical Office of the necessary data. Unofficial table of contents

Section 16 Regulation empowerment

(1) (omitted) (2) The Federal Ministry of Labour and Social Affairs is authorized, in agreement with the Federal Ministry of Finance, with the approval of the Federal Council, with the consent of the Federal Council, to provide further information on the calculation and implementation of the To determine the reimbursement of expenses by the Federal Government pursuant to § 15 (1) and (3) sentence 1. In this case, a flat-rate refund may be provided for expenditure on benefits for participation. (3) Authorizing

1.

the Federal Ministry of Defence for the special supply system pursuant to Annex 2 (1),

2.

the Federal Ministry of the Interior for the special supply systems pursuant to Annex 2 (2) and (4),

3.

Federal Ministry of Finance for the special supply system according to Appendix 2 No. 3

by means of a regulation with the consent of the Bundesrat, in accordance with the regulations of the Social Code and the right of supply, the reason, scope and implementation of a reduction or a fame of supply services within the meaning of § § 9 and 11 of Income earning and taking into account income from employment, the obligation to co-act with the person entitled to benefit and the recovery of too much of the benefits paid. Unofficial table of contents

Section 17 Social court proceedings

Disputes on the basis of this law shall be decided by the courts of the social jurisdiction. Unofficial table of contents

Section 18 Penbual provisions

(1) Administrative offences are those who are intentional or reckless

1.

, contrary to Section 8 (1) sentence 5, No. 1, an information is not issued, not correct, not complete or not in good time, or

2.

Contrary to Section 8 (1) sentence 5, no. 2, the required documents are not submitted, not in full or in time.

(2) The administrative offence can be punished with a fine of up to two thousand five hundred euros. (3) The managing authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is the provider of the security. By way of derogation from the first sentence, the Federal Insurance Office (Bundesversicherungsamt) shall be the Federal Insurance Office pursuant to Section 8 (4) (3) of the Administrative Authority within the meaning of Section 36 (1) of the Code of Administrative Offences. (4) The fines shall flow into the cash register of the Germans. Pension insurance Federal Government, if it has issued the notice of fine as a provider of pension funds. § 66 of the Tenth Book of the Social Code applies accordingly. By way of derogation from Section 105 (2) of the Law on Administrative Offences, this cash register bears the necessary outlays; it is also liable for replacement within the meaning of Section 110 (4) of the Law on Administrative Offences. Unofficial table of contents

Annex 1 Supplemental supply systems

1.

Supplementary pension provision for technical intelligence, introduced with effect from 17 August 1950.

2.

Additional pensions of the Directors-General of the centrally managed Combined and heads of centrally managed economic organizations, introduced with effect from 1 January 1986.

3.

Supplementary pension scheme for meritous chairpersons of production cooperatives and heads of cooperative agricultural institutions, introduced with effect from 1 January 1988.

4.

Retirement provision of intelligence in scientific, artistic, educational and medical facilities, introduced with effect from 12 July 1951.

5.

Retirement provision of the scientific staff of the Academy of Sciences and Humanities in Berlin and the German Academy of Agricultural Sciences in Berlin, introduced with effect from 1 August 1951, respectively. 1 January 1952.

6.

Pension provision for doctors, dentists, pharmacists and other university cadres in confessional institutions in the health and social services sector, introduced with effect from 1 January 1979.

7.

Voluntary additional care for doctors, dentists, pharmacists and other university cadres in confessional institutions in the health and social services sector, introduced with effect from 1 July 1988.

8.

Voluntary additional supply for doctors, dentists, pharmacists and other university cadres in public health and social services, including pharmacists in private pharmacies, introduced with effect from 1 July 1988.

9.

Retirement provision of doctors and dentists in their own practice, introduced with effect from 1 January 1959.

10.

Retirement provision of doctors and dentists in private healthcare institutions, introduced with effect from 1 January 1959.

11.

Voluntary supplementary health care for veterinarians and other university cadres in State veterinary institutions, introduced with effect from 1 July 1988.

12.

Retirement provision of veterinarians in their own practice, introduced with effect from 1 January 1959.

13.

Additional supply of the artistically employees of the broadcasting, television, film industry as well as the State Circus of the GDR and VEB Deutsche Schallplatte, introduced with effect from 1 January 1986.

14.

Additional supply of artistically employed persons in theatres, orchestras and state ensembles, introduced with effect from 1 January 1986.

15.

Additional supply for freelance members of the Writers ' Association of the GDR, introduced with effect from 1 January 1988.

16.

Supplementary pension provision for freelance artists, introduced with effect from 1 January 1989.

17.

Supplementary pension provision for ballet members as part of the arrangement for the granting of a professional allowance to ballet members in State institutions of the GDR, introduced with effect from 1 September 1976.

18.

Additional provision of care to educators in institutions of vocational and vocational education and training, introduced with effect from 1 September 1976.

19.

Voluntary supplementary pension provision for full-time employees of the State apparatus, introduced with effect from 1 March 1971.

20.

Voluntary supplementary pension scheme for full-time employees of the Society for Sport and Technology, introduced with effect from 1 August 1973.

21.

Voluntary supplementary pension provision for full-time employees of social organizations, introduced with effect from 1 January 1976, for full-time employees of the National Front from 1 January 1972.

22.

Voluntary additional functional support for full-time employees of the union FDGB, introduced with effect from 1 April 1971.

23.

Voluntary supplementary pension provision for full-time employees of the LDPD, introduced with effect from 1. October 1971.

24.

Voluntary supplementary pension provision 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 provision for full-time employees of the NDPD, introduced with effect from 1. October 1971.

27.

Voluntary supplementary pension provision for full-time employees of the SED/PDS, introduced with effect from 1 August 1968.

Unofficial table of contents

Annex 2 Special supply systems

1.

Special care of the members of the National People's Army, introduced with effect from 1 July 1957.

2.

Special care provided by the members of the German People's Police, the Fire Brigade and the Prison Institutions, with effect from 1 January 1953.

3.

Special provision of the members of the customs administration of the GDR, introduced with effect from 1 November 1970.

4.

Special care of the members of the former Ministry of State Security/Office for National Security, introduced with effect from 1 January 1953.

Unofficial table of contents

Appendix 3 Annual maximum earnings according to § 6 (1)

Source of the original text: BGBl. I 1991, 1683;
with regard to d. individual changes, see Footnote
Calendar year general pension insurance amount in DMKnappincome pension insurance amount in DM

1950	7.250.03	8.458.36
1951	6.855.84	7,998,48
1.1.-31. 8.1952	6,781,58	7.911.84
1.9.-31.12.1952	8.476.97	11.302.63
1953	8.605.85	11.474.47
1954	8.836.85	11.782.03
1955	8,445,95	11,261,26
1956	8.160.30	10.880.41
1957	8.122.01	10.829,35
1958	8.187.77	10.917.03
1959	8,857,72	11.072.15
1960	8.907.52	10.479.43
1961	8.727.98	10.667.53
1962	8,665,15	10.033.44
1963	8.780.27	10.536.33
1964	9.060.96	11.532.13
1965	9.313.15	11.641,44
1966	9,739,04	11.986.52
1967	10.548,13	12,808,44
1968	11,703,75	13.898.20
1969	11.777.61	13.856.01
1970	11.443.71	13.350.99
1971	11.127.38	13.469.99
1972	11.610.23	13.821,70
1973	11.676.61	14.215,00
1974	11.787.36	14.616.32
1975	12.789.28	15.529.84
1976	13.604.45	16.676.42
1977	14.395.09	17.782.17
1978	15.351,10	19.085.16
1979	16,143,14	19,371,76
1980	16.149.71	19.610.36
1981	16.690.90	20.484.29
1982	17.544.41	21,650,54
1983	18,389,68	22.435.41
1984	18,975,22	23.354,11
1985	19.559.90	24.268.77
1986	20.383.40	25.115.26
1987	21,015,12	26.176.72
1988	22.235.26	27.052.90
1989	22.641,51	27,837,92
1.1-30.6.1990	24.619.65	30.481.48

Unofficial table of contents

Appendix 4

(dropped) Unofficial table of contents

Annex 5 Minimum limit pursuant to § 6 (2)

Source of the original text: BGBl. I 1991, 1683-1684;
with regard to of the individual amendments. Footnote
Calendar year amount in DM

1950	3.183.00
1951	3.408.00
1952	3,628,00
1953	3.883.00
1954	4.157.00
1955	4,268,00
1956	4,392,00
1957	4.551,00
1958	4,849,00
1959	5.169,00
1960	5,328,00
1961	5,433,00
1962	5.570,00
1963	5,689,00
1964	5,812,00
1965	5.969,00
1966	6.176.00
1967	6.416.00
1968	6,609,00
1969	6.835.00
1970	7.069,00
1971	7,287,00
1972	7.526,00
1973	7.740,00
1974	8.008.00
1975	8.301.00
1976	8,534,00
1977	8.801.00
1978	9.073.00
1979	9.311.00
1980	9,448,00
1981	9.768.00
1982	10.016.00
1983	10.204.00
1984	10.428.00
1985	10.651.00
1986	11.110,00
1987	11.591.00
1988	12.012,00
1989	12.392.00
1.1.-30.6.1990	13.660,00

Unofficial table of contents

Appendix 6 Annual maximum earnings according to § 7

Source of the original text: BGBl. I 2001, 1940
Calendar year amount in Deutsche Mark

1950	3.183.00
1951	3.408.00
1952	3,628,00
1953	3.883.00
1954	4.157.00
1955	4,268,00
1956	4,392,00
1957	4.551,00
1958	4,849,00
1959	5.169,00
1960	5,328,00
1961	5,433,00
1962	5.570,00
1963	5,689,00
1964	5,812,00
1965	5.969,00
1966	6.176.00
1967	6.416.00
1968	6,609,00
1969	6.835.00
1970	7.069,00
1971	7,287,00
1972	7.526,00
1973	7.740,00
1974	8.008.00
1975	8.301.00
1976	8,534,00
1977	8.801.00
1978	9.073.00
1979	9.311.00
1980	9,448,00
1981	9.768.00
1982	10.016.00
1983	10.204.00
1984	10.428.00
1985	10.651.00
1986	11.110,00
1987	11.591.00
1988	12.012,00
1989	12.392.00
1 January to 17 March 1990	13.660,00