Regulation on the implementation of § 61a of the Law on the Penal Protection of Farmers (Pension of the Farmers/Reconciliation Ordinance-AdLDAV)

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AdLDAV

Date of completion: 02.12.2002

Full quote:

" Pensions of the farmers/Reconciliation Ordinance of 2 December 2002 (BGBl. 4490), the most recent of which is Article 12 of the Law of 12 April 2012 (BGBl. 579).

Status:	Last amended by Art. 12 G v. 12.4.2012 I 579
Indirect amendment by Art. 13 (17) (2) and (2) 3 G v. 12.4.2012 I 579 is considered

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Footnote

(+ + + Text from: 12.12.2002 + + +) Unofficial table of contents

Input formula

On the basis of Section 61a (2) of the Law on the Pensions of Farmers, which is based on Article 2 (21) of the Law of 17 July 2001 (BGBl. I p. 1600), in conjunction with Section 1 of the Jurisdiction Adjustment Act of 16 August 2002 (BGBl. 3165) and the organisational decree of 22. October 2002 (BGBl. 4206), the Federal Ministry of Health and Social Security is in agreement with the Federal Ministry of Finance and the Federal Ministry for Consumer Protection, Food and Agriculture: Unofficial table of contents

§ 1 Data reconciliation by switching offices, persons to be included

The automated reconciliation according to § 61a (1) of the Law on the Pension Protection of Farmers is carried out by central exchanges, which are determined by the financial authorities of the Länder (switching centres). The data shall include persons whose income is significant in accordance with Article 32 (2) of the Law on the Pensions of Farmers for the determination of a contribution subsidy. The transfer of data from the agricultural age group to the switching centres shall be governed by the following provisions. Unofficial table of contents

§ 2 (omitted)

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§ 3 Data transfer to the exchanges

(1) For each person to be included in the data reconciliation, the Agricultural Retirement Fund shall transmit the data referred to in Article 61a (1), second sentence, of the Act on the Pensions of Farmers (Inquiry record) to the data for the person concerned (Section 1, second sentence). Further personal data may not be included in the inquiry data set. (2) The data is transferred monthly to the third day of this calendar month. The data transfer shall include all the notifications referred to in paragraph 1 which are forwarded to the agri-age group up to the first day of the calendar month concerned. Unofficial table of contents

§ 4 Reconciliation

The reconciliation shall cover the determination, when and for which investment year income tax assessments have been issued and to the income referred to in these income tax notices within the meaning of Article 2 (1) and (2) of the Income Tax Act, split according to the different types of arrival. In addition, it is necessary to indicate whether the income from agriculture and forestry has been determined either in accordance with § 4 of the Income Tax Act or in accordance with § 13a of the Income Tax Act, whether and which income is achieved according to § 22 of the Income Tax Law , and whether the advance reservation has been applied in accordance with § 32b of the Income Tax Act. If the submitted inquiry record refers to an already existing income tax notification, this income tax rate, as well as the time before it, is not taken into account for previous years of assessment during the reconciliation. In addition, the number of years of assessment which are more than six years back at the time of the reconciliation is not taken into account. Unofficial table of contents

§ 5 Retransmission to the agricultural age group

In the case of the reconciliation according to § 4, the exchanges shall transmit the findings as a response record to the agricultural retirement fund until the twelfth day of the calendar month of the data transfer in accordance with section 3 (2). Unofficial table of contents

§ 6 Request for inquiry

After consultation of the exchanges and the Federal Commissioner for Data Protection and Freedom of Information, the Agricultural Retirement Fund, in agreement with the Federal Ministry of Labour and Social Affairs and the Federal Ministry for Employment and Social Affairs, is responsible for the Nutrition, Agriculture and Consumer Protection the design of the request data set. Unofficial table of contents

§ 7 Procedure for data transfer

(1) Data transmission is carried out by means of remote data transmission. (2) If defects are found which affect a proper transfer of the data, the transfer of the data can be rejected. The sender shall be informed of the deficiencies noted. The indication of an earlier tax number in the inquiry record is not a reason for refusal; in this case, the current tax number, to the extent that the exchange offices are able to do so, is transmitted with the response data record. (3) The in the following The German Institute for Standardization (Deutsches Institut für Normung e) is responsible for the requirements of DIN V., Berlin, edited by Beuth-Verlag GmbH, Burggrafenstraße 4-10, 10787 Berlin, referring to the Federal Archives, Potsdamer Straße 1, 56075 Koblenz, accessible to everyone and protected by the archive. Unofficial table of contents

§ 8 Transmission by remote data transmission

The data are to be transmitted by data transmission in the 8-bit code DRV 8-according to DIN 66 303 (ISO 8859-1, 1987) Code Table 1. In the case of data transmission, corresponding measures to ensure data protection and data security are to be taken in the respective state of the art, which in particular are the confidentiality and integrity of the data, as well as the authenticity of the data. In the case of the use of publicly accessible networks, encryption methods shall be used. Unofficial table of contents

§ 9 (omitted)

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§ 10 (omitted)

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Section 11 Entry into force

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed.