Old-Age Part-Time Work Act

Original Language Title: Altersteilzeitgesetz

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Read the untranslated law here: http://www.gesetze-im-internet.de/alttzg_1996/BJNR107810996.html

Old-age part-time work Act AltTZG 1996 copy date: 23.07.1996 full quotation: "age part-time act of 23 July 1996 (BGBl. I p. 1078), most recently by article 6 of the law of December 10, 2014 (BGBl. I S. 2082) is changed" stand: last amended by article 6 G v. 10.12.2014 I 2082 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.8.1996 +++) the G as article 1 G 810-36/1 v. 23.7.1996 I 1078 (RuStFöG) by the German Bundestag adopted. It is as per article 10 set 1 of this G on the 1.8.1996 entered into force.

Section 1 principle (1) by age part-time work a sliding transition should enable older workers of working life in the old-age pension.
(2) the Federal Agency for work (Federal Agency) promotes part-time of workers who reduce their working time from the age of 55 years at the latest on December 31, 2009 and allow the setting of an otherwise unemployed worker's services under this Act.
(3) part-time work is independently also in the meaning of this Act by a promotion by the Federal Agency a part-time of older workers who reduce their working time from the age of 55 years after December 31, 2009. For the application of § 3 No. 28 of the income tax act it depends on not, that the part-time work was started before January 1, 2010 and is funded by the Federal Agency pursuant to section 4.

Article 2 beneficiaries persons (1) benefits are provided for workers, the 1st year of life have completed the 55th, 2. after 14 February 1996 on the basis of an agreement with her employer, at least at the time, stretching until an old age pension can be claimed, reduced their working hours to half of the previous weekly working hours have, and insurance deals within the meaning of the third book of the social code (age part-time work) and 3 within the last five years before the age part-time work are at least 1 080 calendar days in an insurable employment have been after the third book of the social code or the legislation of a Member State of the European Union, a Contracting State of the agreement on the European economic area or of Switzerland. Periods of entitlement to unemployment benefit or unemployment assistance, times of the cover of unemployment benefit II, as well as times that compulsory insurance was according to § 26 para 2 of the third book of the social code, are equally insurable employment.
(2) the condition the agreement on the age part-time work provides different weekly working hours or a different distribution of the weekly working hours, is also fulfilled, pursuant to paragraph 1 No. 2 when 1 weekly working time in the average of a period of up to three years or provision in a collective agreement, on the basis of a collective bargaining agreement in an operating agreement, or a scheme of the churches and the public religious societies in a period of up to six years on average half of the previous weekly working hours does not exceed and workers busy is resident within the meaning of the third book of the social code and 2 pay for old age part-time work, as well as the amount of the increase no. 1 letter a continuously be paid according to article 3, paragraph 1.
Within the scope of a collective agreement pursuant to sentence 1 No. 1 can be taken over the collective scheme commissioned an unbound tariff employer operating agreement or, if a Works Council does not exist, by written agreement between the employer and the employee. May be taken on the basis of the collective agreement regulations may differ in an operating agreement, use can be made also in establishments of not collective employer thereof. Sentence 1 No. 1, 2. alternative shall apply mutatis mutandis. In an area in which collective schemes for the distribution of working time are not met or are not usually taken a regulation within the meaning of the sentence can be 1 No. 1, 2. alternative by operating agreement or, if a Works Council does not exist, by written agreement between employers and workers are met.
(3) the agreement on the age part-time work provides different weekly working hours or a different distribution of the weekly working hours over a period of more than six years, the condition is also met no. 2 referred to in paragraph 1 when the weekly working time in the average of a period of six years, which lies within the overall period of the agreed age part-time work does not exceed half of the previous weekly working hours , the employee is busy resident within the meaning of the third book of the social code and the other requirements of paragraph 2 are available. Benefits are according to § 3 para 1 No. 1 to provide only in the six-year period referred to in sentence 1.

§ 3 eligibility requirements (1) the entitlement to the benefits according to § 4 requires that 1 the employer on the basis of a collective agreement, a settlement of the churches and the public religious societies, an operating agreement or an agreement with the employee of a) rule pay for old age part-time work has increased by at least 20 per cent, with the increase may include additional remuneration elements, and b) employee contributions to the statutory pension insurance, at least in the amount of the contribution has also paid , the 80 per cent of rule pay for old age part-time work, limited to the difference between 90 per cent of the monthly contribution assessment ceiling and the rule pay, accounts for, at most up to the contribution assessment ceiling, and 2. the employers on the occasion of the transition of the worker in the age part-time work a) employed unemployed registered at an employment agency, a recipients of unemployment benefit II or an employee after completing the training on the pre-paid or a work released in this context by implementing insurance in the Has the sense of the third book of the social code; employers who employ more than 50 workers typically, is suspected of incontrovertible, that employed the workers on the pre-paid or a work released in this context through the implementation, or b) employs a trainee insurance within the meaning of the third book of the social code if the employers has usually not more than 50 employees and 3 ensure is the free decision of the employers where beyond five per cent of the workers of the company or a compensation fund of an employer or a joint organization of the social partners is where both conditions in collective agreements can be connected.
(1A) the conditions of in paragraph 1 No. 1 letter a are also met, have been components of pay, not reduced for the period of agreed age part-time work, remain on the increase out of consideration.
(2) for the payment of the contributions referred to in paragraph 1 No. 1, point (b) shall apply the provisions of the sixth book the social law of contribution payment from the pay.
(3) of workers employed in age part-time has in advance provided the labor or parts of the work performance, so the requirement is no. 2 at working hours referred to in paragraph 1 according to § 2 para 2 and 3 meet, if the employment of a worker unemployed registered with an employment agency or a worker only after completion of training on pre-paid or vacated by implementation work after the completion of the work performance.

§ 4 services (1) the Federal Agency shall the employer for a maximum of six years 1 the amount of the increase according to § 3 para 1 No. 1 letter a in the amount of 20 per cent of rule remuneration paid for the old age part-time work, and 2. the amount that no. 1 letter b in the amount of the contribution has been done according to article 3, paragraph 1, on the amount waived, comprising 80 per cent of rule pay for old age part-time work , up to a maximum of the fee attributable to the difference between 90 per cent of the monthly contribution assessment ceiling and the rule pay.
(2) in the case of workers who are exempted according to § 6 para 1 sentence 1 No. 1 or article 231, paragraph 1 and 2 of the sixth book the social law of insurance, services are also referred to in paragraph 1, if the conditions of § 3 para 1 No. 1 letter b is not met. Pursuant to paragraph 1 No. 2 the amount comparable expenses in this case are the employer, up to the amount of the contribution equal, the Federal Agency to wear no. 2 would have referred to in paragraph 1, when the workers from the insurance obligation would be exempt.

§ 5 termination and suspension of the claim (1) the entitlement to the benefits according to § 4 goes out 1 at the end of the calendar month in which the workers has finished age part-time work, 2.
at the end of the calendar month before the month for which the employee a pension because of age or, if he freed from compulsory insurance in the statutory pension insurance is, that has reached age 65 or comparable performance of insurance or pension institution or an insurance undertaking can claim a pension. This does not apply to pensions, which can be taken before governing the insured retirement claim, or 3 at the beginning of the calendar month for which the employee a pension because of age, associations compensation, performance similar to public art or, if he is exempted from the insurance obligation in the statutory pension insurance, refers to a similar performance of insurance or pension institution or an insurance undertaking.
(2) the entitlement to the benefits there is no, as long as the employer on a pre-paid or vacated by implementing workplace employed no workers, has met the requirements of § 3 para 1 No. 2 at the beginning of employment. This does not apply if the workplace again is again filled with a worker who meets these requirements, three months or the employer has received the services total for four years.
(3) the entitlement to the benefits is suspended during the time, where, the employee performs employment or self-employed activities apart from his age part-time work, which exceed the de minimis limit of § 8 of the fourth book of the social code or on the basis of such pursuits receives a remuneration compensation. The entitlement to the benefits is void if he has rested at least 150 calendar days. Several Ruhenszeiträume are to be together. Employment or self-employed activities are not considered, as far as age part-time employees workers has continuously exercised they already within the last five years before the age part-time work.
(4) the entitlement to the benefits is suspended during the period in which workers over age part-time work also makes overtime that exceeds the scope of the de minimis limit of § 8 of the fourth book of the social code. Paragraph 3 sentence 2 and 3 shall apply mutatis mutandis.
(5) section 48 para 1 No. 3 of the tenth book of the social code shall not apply.

§ 6 definitions (1) the rule pay for old age part-time work within the meaning of this Act is attributable to a month to be paid regularly by employers pay liable for social security, provided it does not exceed the contribution assessment ceiling of the third book of the social code. Remuneration components, which are not regularly paid are not capable of taking into account.
(2) as the previous weekly working time, weekly working time is to be based, which was agreed with the employee prior to the transition in the age part-time work. To apply the working time that was agreed upon in the average of the last 24 months prior to the transition in the age part time is at most. Determined average working time can be rounded to the next full hour.
(3) (dropped out) § 7 calculation rules (1) an employer has usually not more than 50 employees if he has spent no more than 50 workers in the calendar year that is preceded one for which the determination is to meet for a period of at least eight calendar months. Has passed the company during the whole pursuant to sentence of 1 of the relevant calendar year, so the employer busy usually not more than 50 employees if he has spent no more than 50 employees during the period of existence of the company in the vast number of calendar months. Has been built the company over the course of the calendar year, in which the finding pursuant to sentence 1 is to meet, so busy employers, if according to the nature of the business to accept usually no more than 50 workers is that the number of employed workers will not exceed during the predominant calendar months of this calendar year 50.
(2) for the calculation of the number of workers pursuant to § 3 para 1 No. 3 is governed by the average of the last twelve calendar months prior to the start of the age part-time of employee. Has an operating still not twelve months passed, the average of calendar months during the period of the existence of the operation is decisive.
(3) in determining the number of employed workers under paragraph 1 and 2 remain severely disabled people and assimilated within the meaning of the ninth book of the social code as well as trainees except approach. Part-time workers with a regular working week of no more than 20 hours can be recognized with a regular working week of no more than 30 hours with 0.75 and 0.5.
(4) in determining the number of staff employed at age part-time work pursuant to section 3 para 1 No. 3 must be considered severely disabled people and equivalent within the meaning of the ninth book of the social code.

§ 8 labour law regulations (1) the ability of a worker to obtain age part-time work is not considered a fact substantiated the termination of employment by the employer within the meaning of § 1 para 2 sentence 1 of the protection against dismissal Act; She cannot be considered also in the social selection according to § 1 para 3 sentence 1 of the employment protection act to the disadvantage of the employee.
(2) the obligation of the employer to pay benefits under § 3 para 1 No. 1 cannot be excluded for the case, that the claim of the employer on the services does not exist according to § 4, because does not exist, the requirement of § 3 para 1 No. 2. The same applies in the event that the employer only therefore does not receive the benefits, because he has submitted the request not, incorrectly, incompletely or not in time after section 12 or is failed to fulfil his duty to cooperate, without this duty of cooperation of the worker was caused by.
(3) an agreement between employees and employers on age part-time work, that provides for the termination of employment without notice at any time, in which the employee is entitled to a pension because of age, is allowed.

section 8a of the insolvency insurance (1) results in an agreement on the age part-time work within the meaning of § 2 para 2 to build of a balance of value that exceeds the amount of the three times of rule pay according to § 6 paragraph 1 including the related employer share of the overall contributions, the employer is obliged to secure the assets including the related employer share of the total contributions with the first credit in an appropriate manner against the risk of insolvency; Article 7e of the fourth book of the social code shall not apply. Accounting provisions and acquisition duties between group companies (§ 18 of the companies Act), in particular guarantees, letters or blame accessions, are not considered appropriate means within the meaning of sentence 1 (2) in determining the amount of value of assets to be protected a crediting of the services according to § 3 para 1 letter a and b and § 4 paragraph 2 and of the payments of the employer for the transfer of contributions within the meaning of section 187 is no. 1 a of the sixth book the social law inadmissible.
(3) the employer has with the first credit and then every six months in the form of text to demonstrate the measures taken to secure the balance of the value the workers. The operating parties may agree a different equivalent kind and form of proof; Paragraph 4 remains unaffected.
(4) the employer of its obligation pursuant to paragraph 3 does not fulfil or the proven measures are unsuitable and he can prove an appropriate insolvency protection of existing value balance in writing within one month upon written request of an employee, the workers may require that security in the amount of existing value balance is provided. The guarantee can only be made by an appropriate guarantor or deposit of money or such securities which are suitable for article 234 para. 1 and 3 of the civil code to safety performance. The provisions of sections 233, 234 para 2, § § are 235 and 239 of the Civil Code apply.
(5) agreements on the insolvency protection, which differ from the provisions of this regulation to the disadvantage of the employee engaged in old age part-time work, are ineffective.
(6) paragraphs 1 to 5 will find no application to the Federal, the countries, communities, corporations, foundations and institutions of governed by public law, the opening of insolvency proceedings is not allowed over their assets, as well as legal persons of governed by public law, in which the Federal Government, a country or a Community law which secures payment ability.

§ 9 compensation offices, joint bodies (1) are the services according to § 3 para 1 No. 1 on the basis of a collective agreement by a compensation fund of the employer provided or reimbursed the employer, granted the Federal Agency at the request of the parties to collective bargaining the services according to § 4 of the compensation fund.
(2) paragraph 1 shall apply for common facilities of the collective Parties accordingly.

§ 10 claims social security of the employee (1) a worker who has made age part-time (§ 2) and for which the employer no. 1 has provided services pursuant to § 3 para 1, unemployment benefit or unemployment assistance, increases the tax charge arising under the provisions of the third book of the social code, up to the amount that would be to consider if the workers would have reduced their working hours in the context of the partial retirement as a design fee. Can the workers take a pension because of age claim, about the days where the pension for the first time, are claimed the assessment fee, which basis would have been without the boost pursuant to sentence 1. Change notices are effective with the tag to the old-age pension could be claimed for the first time.
(2) refers to a worker for the Federal Agency has provided services according to § 4, sickness benefit, supply sick, injured money or transition and only the partial retirement is based on the assessment of these services or the employee sickness allowance by a private health insurance company refers to the Federal agency instead of the employer provides the services according to § 3 para 1 No. 1 in height which sentence 1 shall apply section 4 reporting services after so far and not as long as , as services pursuant to § 3 para 1 No. 1 are provided by the employer. Through the services of the Höchstförderzeitraum according to § 4 paragraph 1 must not be exceeded. Article 5, paragraph 1 shall apply mutatis mutandis.
(3) paragraph 2 applies to workers who are only due to use of partial retirement pursuant to section 2 para 1 No. 1 and 2 of the second law on health insurance of farmers insurance in the health insurance of farmers, as far and as long as sickness benefit would be paid them, if they were not a member of the agricultural health insurance fund.
(4) the employee refers to short money, the fee for the agreed working time is considered no. 1 and § 4 for the calculation of benefits of § 3 para 1 remuneration for part-time retirement.
(5) letter a and b paid for the workers services of increase in pursuant to § 3 para 1 No. 1, shall apply in cases not suitable use of assets for the calculation of contributions to the statutory pension insurance the amount of the difference between the amount that the employer of the calculation of contributions pursuant to section 3 para 1 No. 1 letter b has taken, and the duplicate rule pay up to the point of not suitable use , a maximum amount up to the contribution assessment ceiling, as contributory income from the assets. for contributions to health insurance, long-term care insurance or the employment promotion law, section 23 applies b paragraph 2 or 3 of the fourth book of the social code. In the event of the insolvency of their employer, sentence 1 shall apply mutatis mutandis as far as contributions are paid.

§ 11 cooperation obligations of the employee (1) the employee has changes the conditions relating to him that are significant for the services according to § 4, the employer must be notified immediately. In the case of article 9 the services provided by the compensation Office of the employer or the common mechanism of the social partners, the employee is pursuant to sentence 1 to inform changes this.
(2) the employee has to reimburse the benefits wrongly paid to the employer of the Federal Agency, if workers caused the illegal payment as a result that he intentionally or through gross negligence has made 1 specifications, which are inaccurate or incomplete, or 2. the obligation referred to in paragraph 1 is not complied.
The performance to be refunded is to establish by written administrative act. A reimbursement by the employer in so far not be considered.

§ 12 procedure (1) the Agency for labour decides upon written request of the employer, whether the conditions for the provision of services under section 4 are available. The application works by the time of the existence of the conditions of eligibility if he is made within three months of its existence, otherwise he has from the beginning of the month of submission. In the cases of § 3 paragraph 3, the Agency can decide also advance for work, whether the conditions of section 2 are available. With the request, the names are to share addresses and security numbers of workers, for which benefits are claimed. Is the Agency for work in their district, the company is located in which the employee is employed. The Federal Agency says another agency for work for responsible, if the employers for a legitimate interest makes credible.
(2) the amount of the services according to § 4 is set at the beginning of the refund procedure in monthly fixed amounts for the entire duration. The monthly fixed amounts adjusted only if taking into account-enabled rule pay at least 10 euros reduced. Services pursuant to section 4 are provided on request and subsequently each disbursed for the calendar month in which the eligibility requirements have been. Benefits are according to § 10 paragraph 2 at the request of the employee, or monthly subsequently paid out in the case of a provision of the employer to the employee in accordance with section 10 para 2 sentence 2, at the request of the employer.
(3) in the cases of § 3 paragraph 3 the benefits be paid 1 only the employer referred to in paragraph from the time in which the employer on a pre-paid or vacated by implementing workplace employs an employee who has met the requirements of § 3 para 1 No. 2 at the beginning of the employment. Age part-time work in the cases of § 3 paragraph 3 ends prematurely, the employment agency provides the services for past periods pursuant to sentence 3 the employer, as long as the requirements of § 3 para 1 No. 2 are fulfilled and to the extent appropriate expenditures for increase remain the employer no. 1 and § 4 paragraph 2 according to article 3, paragraph 1. The services for past times will be payable together with the current services in monthly instalments. The level of benefits for previous periods is determined according to the level of ongoing benefits.
(4) the Agency can decide on the provision of services for the time being for work if the conditions for the claim with reasonable probability and to their determination, long period of time is required. Services rendered on the basis of the preliminary decision is performance related to. You have to repay, as far as the final decision a claim not or is recognized only in the lower amount.

§ 13 chapter of the tenth book of the social code shall apply information and testing the §§ 315 and 319 of the third book, and the second. Section 2 para 1 No. 3 of the undeclared work against law remain unaffected.

§ 14 penalty provisions (1) any person who intentionally or negligently 1 is violates article 11 par. 1 or as an employer violates article 60 par. 1 No. 2 of the first book of the social code a message not incorrectly, incompletely or not in time makes, 2. violates article 13 sentence 1 in conjunction with § 315 para 1, sentence 1 and 2 of the third book of the social code is a 2 set 1, 3 or 5 information not , incorrectly, incompletely or not timely given, 3. contrary to section 13, sentence 1 in conjunction with § 319 para 1 sentence 1 of the third book of the social code not granted access or access or 4. contrary to section 13, sentence 1 in conjunction with article 319, paragraph 2, sentence 1 of the third book the social law data not, not properly, not completely, not in the prescribed manner or in a timely manner makes available.
(2) the offence may no. 4 with a fine in cases of paragraph 1 up to thirty thousand euros, in other cases a fine punishable up to thousands of euros.
(3) managing authorities no. 1 of the code of administrative offences are the agencies for work within the meaning of § 36 para 1.
(4) the amount of the fines flowing into the coffers of the Federal Agency. section 66 of the tenth book of the social code shall apply mutatis mutandis.
(5) the Federal Agency; carries the necessary expenses by way of derogation from article 105 par. 2 of the law on administrative offences This is also liable within the meaning of § 110 4 of the code of administrative offences.

Article 15 regulation empowering the Ministry of labour and Social Affairs may by regulation the minimum net amount pursuant to § 3 para 1 No. 1 letter a in the 30 June 2004 amended determine. The rules on the service charge of the third book of the social code shall apply mutatis mutandis. The previous remuneration within the meaning of § 6 para 1 as amended up to June 30, 2004 is be rounded to the nearest euro amount divisible by five. The calendar month is to take 30 days.

submitted to article 15a transitional according to the law on the reform of the employment promotion have the conditions for the provision of services pursuant to § 4 before 1 April 1997, provides the services even if the conditions of section 2 para 1 No. 1 there are no. 2 and para. 2 in the version applicable up to 31 March 1997 the Federal Agency pursuant to section 4.
§ 15b transitional arrangements according to the law on the reform of the statutory pension insurance by way of derogation from article 5, paragraph 1 the on the services according to § 4 not void No. 2 if started with the partial retirement before 1 July 1998 and a frenetic age pension claim, because 45 years of compulsory contributions for one insured employment or activity.

§ 15c transitional arrangements according to the law on the further development of part-time work agreement age part-time work has been completed before 1 January 2000, provides the Federal Agency the services according to § 4 even if the conditions of section 2 para 1 No. 2 and 3 in the version applicable up to January 1, 2000.

§ 15 d transitional regime to the second law on the further development of part-time work has been completed prior to July 1, 2000 agreement on age part-time work, § 5 para 2 sentence 2 and § 6 para 2 sentence 2 in force until 1 July 2000 amended shall apply. Aimed at an agreement pursuant to sentence 1 services pursuant to section 4 for a period of longer than five years are claimed, is version applicable § 5 para 2 sentence 2 in the starting July 1, 2000.

section 15e transitional arrangements according to the law on the reform of pensions due to reduced earning capacity by way of derogation from article 5, paragraph 1 the entitlement to the benefits does not expire no. 2 according to § 4, if with the part-time work has been started before 17 November 2000 and on a frenetic age pension entitlement, because conditions are met according to § 236a set 5 No. 1 of the sixth book of the social code.

section 15f transitional arrangements after the second act for modern services on the labour market was started with the semi-retirement before April 1, 2003, are workers who have stood up to that point in an insurable employment after the third book of the social code, busy even after April 1, 2003, as a resident, if they continue to meet the conditions for the existence of an insurable employment force until March 31, 2003.

§ 15 g was transitional to the third act for modern services on the labour market with the age part-time work before July 1, 2004 the regulations in force until 30 June 2004 amended with the exception of article 15 are started, continue to apply. At the request of the employer the Federal Agency provides by way of derogation from set 1 amended pursuant to section 4 in the 1 July 2004 applicable services, if you do this requirements are met applicable from 1 July 2004.

§ 15 h transitional to the performance improvements in the statutory pension insurance act in derogation of article 5 paragraph 1 number 2 the on the services according to § 4 not void if started with the semi-retirement before January 1, 2010 and the conditions for entitlement to a pension for particularly long insured according to article 236 b of the sixth book of the social code are met.

§ 15i transitional provisions to the Act about changes in the area of the minor employment began with the semi-retirement before January 1, 2013, are workers and workers who have stood up to that point in an insurable employment after the third book of the social code, employed after December 31, 2012, as a resident, if they continue to meet the conditions for the existence of an insurable employment force until December 31, 2012.

Services are section 16 limitation of eligibility for the period from 1 January 2010 according to § 4 only to provide, if the requirements of section 2 have for the first time before that date.