Law On The Certification Of Retirement And Basic Pension Contracts

Original Language Title: Gesetz über die Zertifizierung von Altersvorsorge- und Basisrentenverträgen

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Read the untranslated law here: http://www.gesetze-im-internet.de/altzertg/BJNR132200001.html

Law on the certification of retirement and basic pension contracts (old age provision contract Certification Act AltZertG) AltZertG Ausfertigung date: 26.06.2001 full quotation: "age provision contract Certification Act of 26 June 2001 (BGBl. I S. 1310, 1322), by article 2 paragraph 8 of the law of 1 April 2015 (BGBl. I p. 434) is changed" stand: last amended by article 15 G v. 25.7.2014 I 1266 Note: change by article 2 para 8 G v. 1.4.2015 I textually demonstrated 434 (No. 14) , edited documentary has not conclusively about the stand number, see the menu see remarks footnote (+++ text detection from: 1.8.2001 +++) (+++ to the application see § 14 para 6 +++) heading: IdF d. Article 23 no. 1 G v. 19.12.2008 I 2794 mWv 25.12.2008 the G as article 7 G 860-6-19 v. 26.6.2001 I 1310 (AVmG) by the German Bundestag, with the consent of the Federal Council decided. It is under and in accordance with d. Article 35 paragraph 5 of this G mWv distribution entered into force.

§ 1 definitions to the old age provision contract (1) a retirement pension contract within the meaning of this act exists if an agreement in the German language between the provider and a natural person (contractor), 1 (dropped out) 2 which provides for a lifetime and calculated regardless of the gender pensions, for the party not before the age of 62 years or a beginning before the age of 62 years to perform a statutory old-age pension system of the contractual partner (beginning of the payout phase); be paid Services from a supplementary protection of reduced earning capacity or incapacity and an additional protection of the bereaved can be agreed; Survivors in this sense are the spouse, the spouse and the children, for which a claim for child support or an exemption; admitted the Contracting Party at the time of the occurrence of the supply case according to § 32 para 6 of the income tax act Entitlement to orphan's pension or orphan's pension must be at the latest for the period in which the pension beneficiary fulfils the requirements for consideration as a child in the sense of § 32 of the income tax act;
3. in which the provider agrees that at the beginning of the pay-out phase at least the age pension contributions for the pay-out phase available are available and used for service provision; If contributions are used to secure the reduced earning capacity or invalidity or survivor's hedge, up to 20 per cent of total contributions in this context are not to take into account; This also applies to the case that the qualified capital at the beginning of the pay-out phase is transmitted letter b after number 10 on another old age provision contract;
4. the monthly benefits for the parties in the form of a) lifelong life annuity or instalment payments under a payment plan with a subsequent part capital retirement at the latest the 85th year of life provides. the services must remain the same throughout the entire payout phase or rise; Provider and contract partners may agree to that up to twelve month services are grouped together in a withdrawal or a small pension of amount of is found off according to § 93 par. 3 of the income tax act up to 30 percent of the capital at the beginning of the pay-out phase available can be paid to the party outside the monthly services. the separate payment of the interest incurred in the payment stage and income is allowed;
b) lifelong reduction of monthly user fee provides for a cooperative apartment even used by the party or provides a temporary reduction with a subsequent part capital retirement from at least 85 years of age. the services must remain the same throughout the entire payout phase or rise; the savings performance must occur more shares in a registered cooperative in this case by the deposit; the other shares are considered at the beginning of the pay-out phase announced; Letter a part of set 3 to 5 shall apply mutatis mutandis;
5. which only allows a purchase of additional shares in a registered cooperative, if the Contracting Party at the time of the conclusion of the age pension contracts, as well as in the nine months through even took advantage of a cooperative apartment of provider before and to acquire of further shares in a registered cooperative, that a) in the case of the task of the administrative purposes of the cooperative apartment, of exclusion, of retirement of the Member or the dissolution of the cooperative will be given the opportunity , that at least the age pension contributions paid and the credited income be transferred to a retirement pension contract to be determined by the Contracting Party, and b) not paid the income attributable to the additional shares, but used for the acquisition of additional shares;
6th and 7th (dropped out) 8 which stipulates that the scheduled completion and sales costs evenly at least on the first five years of the contract are distributed, as far as them; not deducted as a percentage of the old age pension contributions
9. (dropped out) 10 the party until the beginning of the pay-out phase a claim granted a) rest the contract to let, b) to terminate the contract with a notice period of three months to the end of a calendar quarter or the beginning of the payout phase, to the qualified capital transfer to another named denominated age provision contract with a contract under this paragraph of the same or a different provider , or c) to demand a withdrawal of the formed capital for use within the meaning of section 92a of the income tax act with a notice period of three months to the end of a calendar quarter
in the case of the acquisition of further shares in a co-operative, applies the first half-sentence, with the proviso that the additional shares with a notice period of three months to the end of the financial year may be terminated and the payout of the attributable to the other business units business credit within six months of application of the termination may be required;
11 in the case of the reduction of the monthly user fee for a cooperative apartment even used by the party the party to task of the administrative purposes of the cooperative apartment in the payout phase a claim granted, to terminate the contract with a notice period of not more than three months to the end of the financial year at the latest within six months after termination the yet unused capital transferred to another in his name denominated age pension contract of the same or a different provider to let.
An age pension within the meaning of this Act contracts may be between the provider and the Contracting Party on the basis of a framework agreement with an association, if the beneficiary group of people meets the requirements of section 10a of the income tax act. A transfer of the pursuant to sentence 1 number 10 letter b of announced capital it is inadmissible that the provider of the age pension Treaty is costs amounting to more than 150 euro invoiced the contract partner. When calculating the acquisition and selling costs 50 per cent of the transferred are from the provider of the new age provision contract maximum, to take into account at the time of the transfer to section 10a or section XI of the income tax act-funded capital.
(1a) as old age provision contract is a contract, 1 which provides for a legal claim on granting a loan for the party, 2 which admits a legal claim on granting a loan to the party, and the fact-based loan agreement; the Treaty can be summed up with a contract pursuant to paragraph 1 to a single contract, 3 which admits a right on granting a loan the contract partner and in which irrevocably agreed, that this loan by old age pension assets will be wiped, which is formed in an old age provision contract pursuant to paragraph 1 or paragraph 2 both parts of the contract (loan agreement and old age provision contract pursuant to paragraph 1 or paragraph 2) are considered uniform contract.
The loan is for home use in the sense of § 92a para 1 sentence 1 of the income tax act to employ and is to pay off at the latest of the Contracting Party of the age of 68.. Paragraph 1 sentence 1 No. 8 shall apply mutatis mutandis.
(2) the provider of a retirement pension agreement within the meaning of this Act are 1 based in Germany: a) life insurance companies, as far as them for a permit to the insurance supervision act as amended by the notice of 17 December 1992 (BGBl. 1993 I S. 2), last amended by article 11 of the Act of May 28, 2008 (BGBl. I p. 874), granted in the currently valid version has been , b) credit institutions, that no. 1 of the Banking Act have a permit to operate commercial in the sense of § 1 para 1 sentence 2, c) building societies within the meaning of the law on building societies as amended by the notice of 15 February 1991 (Federal Law Gazette I p. 454), last amended by article 13a No. 3 of the law of July 16, 2007 (BGBl. I p. 1330), in amended (d).
external capital management companies within the meaning of article 17 paragraph 2 No. 1 of the investment code;
2. with headquarters in another State of the European economic area: a) assurance undertaking within the meaning of Directive 2002/83/EC of the European Parliament and of the Council of the 5 November 2002 concerning life assurance (OJ EC No. L 345, p. 1), as last amended by Directive 2007/44/EC of the European Parliament and of the Council of 5 September 2007 (OJ EU no. L 247, p. 1), as far as they may operate appropriate shops in Germany according to § 110a 2 and 2a of the insurance supervision law, b) credit institutions within the meaning of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 on the taking up and pursuit of the business of credit institutions (OJ EU no. L 177, p. 1), as last amended by Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 (OJ EU no. L 319, p. 1), as far as they may operate according to para 1 sentence 1 of the German Banking Act transactions in Germany according to § 53, c) administrative or investment companies within the meaning of Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ EC No. L 375, p. 3), as last amended by Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 (OJ EU no. L 79, p. 9);
3. with head office outside the European economic area, as far as the branches meet the requirements of § 105 ABS. 1 of the insurance supervision Act or article 53, in connection with article 53 c of the Banking Act, have domestic branches of life insurance companies or banks, a permit to operate commercial within the meaning of § 1 para 1 sentence 2 No. 1 of the Banking Act;
4. cooperatives registered in the register of the cooperative, a) where after an expert statement of the examination Association which the cooperative is checked, no findings on the restriction of the regularity of the Executive Board are to meet, no facts exist which could endanger the existence of the Association or substantially impair their development and no evidence, that the age pension contracts concluded by the cooperative are not duly fulfilled , b) who either possess a permit after the Banking Act or if she services referred to in paragraph 1 4 letter b offer set no. 1, whose purpose is to provide housing to their members, and referred to in paragraph 1 sentence 1 No. 3 and 10 by insurance at one in the area of application of this Act to conduct business authorised the commitments insurance company or by a payment promise of a credit institution authorised in the area of application of this Act to conduct business with a fuse according to § 7 d set 5 is secured; the backup can be limited to EUR 20 000 per contract; and c) whose statutes have a allows a participation with several business units and for members, acquired the additional shares for the purpose of implementing an old age provision contract on the other, regarding these additional shares no obligation to margin to the estate or other payments according to Section 87a, paragraph 2, of the cooperative act or to the loss of attribution in the sense of article 19 paragraph 1 of the cooperative law and no longer notice than those of section 65 subsection 2 sentence 1 of the cooperative act and no derogations for the payout of exploration assets within the meaning of § 73 para 4 of the cooperative Act envisages. the existence of these requirements is through the examination Association, the cooperative will be examined by the to confirm.
Financial services institutions and credit institutions with headquarters in Germany, which have a permit to operate commercial in the sense of § 1 para 1 sentence 2 No. 1 of the Banking Act and investment service providers within the meaning of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, amending Directives 85/611/EEC and 93/6/EEC of the Council and Directive 2000/12/EC of the European Parliament and of the Council and repealing Directive 93/22/EEC of the Council (OJ EU no. L 145 p. 1, 2005 No. L 45 S. 18), last amended by Directive 2007/44/EC of the European Parliament and of the Council of 5 September 2007 (OJ EU no. L 247 S. 1), providers can be based in another State of the European economic area if they 1 scope permission not under the exemptions pursuant to § 2 paragraph 7, 7a and 8 of the Banking Act or in the case of investment services providers are subject to similar restrictions of solvency in the another State of the European economic area, 2nd initial capital within the meaning of article 4 paragraph 1 number 51 of Regulation (EU) No. 575 / 2013 of the European Parliament and of the Council of the 26 June 2013 on supervision requirements for credit institutions and investment firms and for amending the Regulation (EU) No. 646 / 2012 (OJ L 176 of the 27.6.2013, p. 1) (initial capital) prove of at least 730 000 euros and the money only put 3 according to the conditions of old age provision contract with credit institutions within the meaning of sentence 1 (3) the certification of an age pension agreement under this Act is the recognition that the terms and conditions of old age provision contract comply with paragraph 1, section 2a, 1a or two paragraphs and the provider complies with the requirements of paragraph 2. Certification notes exclusively the compliance of the agreement with the requirements of paragraph 1 or 1a, or both in the sense of § 4 paragraph 2, sentence 1.
(4) (lapsed) (5) qualified capital within the meaning of this law is a) for insurance contracts, which according to the recognised rules of insurance mathematics with the accounting principles of the contribution calculation calculated policyholder of insurance plus already allocated profit shares, the transfer-enabled value from end bonuses and according to valuation reserves to be allocated to § 153 para 1 and 3 of the German insurance contract law, § 169, paragraph 6 of the German insurance contract law shall apply mutatis mutandis; unit-linked insurance and other insurance, the benefits in section 54 b of the insurance supervision Act designated type provide derogation, the sum of the value of the share units and valuation reserves to be allocated to landscaped interest contribution and bonus parts, minus the tariff costs, plus allocated surplus shares, the transfer-enabled value from end bonuses and according to § 153 para 1 and 3 of the German insurance contract law in other assets, b) for investment savings value of fund units as of the date , c) in the case of savings of the value of the credit including interest incurred up to the balance sheet date but not yet due, d) with business interests in a cooperative the respective purchase price; contracts according to paragraph 1a sentence 1 number 3 each minus the loan, as far as's still not wiped out is.
Deductions, as far as they are not provided for in this law, are not allowed. In section 2a, sentence 1, number 1 (b) is only the capital permanently allocated for service provision to take into account.
Footnote (+++ § 1: the application d. changes d. Article 2 No. 1 G v. 24.6.2013 1667 cf. § 14 para 6 +++) § 2 definitions to the basic pension contract (1) a basic pension contract within the meaning of this act exists if an agreement in the German language between the provider and a natural person (contractor), the the requirements of article 10, paragraph 1 paragraph 2 letter b double letter complies with aa of the income tax act. This applies accordingly if establishing a fully funded pension agreement, the requirements of article 10, paragraph 1 letter b double letter aa of the income tax law meets number 2, between the provider and closes the employer for the benefit of the employee.
(1a) a basic pension contract within the meaning of this law also exists if an agreement in the German language between the provider and a natural person (contractor), the the requirements of article 10, paragraph 1 letter b double letter bb complies with number 2 of the income tax Act and is the intended that the provider 1 detects a partial disability, if medically, it is forecast that the contracting party due to illness , Injury or disability is expected for at least twelve months is unable to be gainfully employed at least six hours a day under the usual conditions of the General labour market or a full disability acknowledges, if medically predicted is that the contracting party due to illness, injury or disability is expected for at least twelve months is unable to be employed every day; at least three hours under the usual conditions of the General labour market the insured service is achieving at a partial disability at least half and full disability in full;
2.
Calendar month to makes its beginning the partial or full disability occurred, if the performance is sought until the end of the 36th month after the month of the occurrence of partial or full disability; If the application is made at a later date, the performance from the calendar month is to grant, which is 36 months preceding the month of application;
3. at the request of the Contracting Party, the contributions for the protection of partial or full disability from the time of the assertion of claims on a partial or full disability grants until the final decision on the obligation, interest-free and without any other conditions;
4. for the protection of partial or full disability the termination right under section 19, paragraph 3, sentence 2, and the amendment right according to § 19 paragraph 4 of the German insurance contract law waived if the contractual partner has violated his duty of disclosure blameless; and 5 indexed the medical duty of the contracting party to determine, and after determining the partial or full disability on reasonable and medically limited medical examination and treatment services.
(2) the provider of a basic pension contract within the meaning of this Act are the providers within the meaning of § 1 para 2, including the pension fund within the meaning of Article 118a of the insurance supervision law, as well as the pension fund within the meaning of section 112 of the insurance supervision Act.
(3) the certification of a basic pension contract under this Act is the recognition that the terms and conditions of the basic pension contract correspond to paragraph 1 or paragraph 1a, as well as section 2a and the provider complies with the requirements of section 2, paragraph 2. A certification notes only conformity of the agreement with the requirements of paragraph 1 or of paragraph 1a and paragraph 2a in the sense of § 4 paragraph 2, sentence 1.
(4) (lapsed) footnote (+++ § 2: on the application d. changes d. Article 2 No. 2 G v. 24.6.2013 I 1667 cf. § 14 para 6 +++) § 2a cost structure a retirement pension or a base pension contract may provide only the following types of costs: 1 completion and sales costs and administration costs side by side in the following forms: a) as annually or monthly costs in euro;
(b) as a percentage of qualified capital;
(c) as a percentage of the agreed method or the agreed amount of the loan;
(d) as a percentage of the contributions paid or agreed or repayments;
(e) as a percentage of the level of the Wohnförderkontos;
f) from the start of the pay-out phase as a percentage of the paid service;
2. the following non-routine costs: a) for contract termination with contract change or withdrawal;
(b) for the use of the qualified capital within the meaning of section 92a of the income tax act;
(c) for tasks in connection with the pension rights adjustment of the contractual partner.
section 125 of the Investment Act is not applicable for age pension contracts.
Footnote (+++ § 2a: apply see § 14 para 6 +++) § 3 CA, tasks (1) certification authority is the federal Central tax office.
(2) the certification body decides by administrative act the certification as well as the withdrawal and revocation of certification. It lays down a simulation procedure, which sets an age pension or a base pension contract, in which opportunities risk class this is. At the request of a party, she performs the calculations this procedure relative to rates of pension or basic pension contract.
(3) the certification authority does not check, whether a pension plan or a basic pension contract economically viable and the commitment of the provider is satisfiable and whether the terms and conditions are legally effective.
(4) the CA perceive you to tasks that are assigned to this Act only in the public interest.

§ 3a product Observatory pensions (1) which is the Federal Ministry of finance authorized to transfer the duties of a legal person of under private law (product information agency retirement) in the way of the loan according to § 3, paragraph 2, sentence 2 and 3 fully or partially. You is not the instructions of the Ministry of finance. It violates obligations that you are against a third party, in the exercise of the tasks conferred upon it under this Act so alone is liable. The old-age provision product Observatory shall be liable only for intent or gross negligence. § 9 applies accordingly.
(2) the product retirement Observatory must operate with profit and must offer a guarantee for the fulfillment of the tasks conferred upon it under this Act. It is exempt from corporate income tax and trade tax. Statute or social contract of retirement product Observatory, as well as their changes require the approval of the Federal Ministry of finance. The persons who are appointed according to law or the articles of Association to the management and representation of old-age provision product Observatory must be reliable and technically suitable for the performance of their duties.
(3) the product retirement Observatory may levy fees on the basis of a statute of fees to cover their administrative costs. The fees statute requires the approval of the Federal Ministry of finance.

§ 4 application, Supplement, Supplement ad deadlines (1) the certification is done at the request of the provider. With the request shall be provided: 1. documents demonstrating that the contract conditions are certified according to § 1 paragraph 3 or article 2, para. 3;
2. a certificate of the competent supervisory authority over the scope of the permit and for companies in the sense of § 1 para 2 sentence 3 in addition about the scope of the authority and the amount of initial capital (§ 1, paragraph 2, sentence 3 Nos. 1 and 2); at a party in the sense of § 1 para 2 sentence 1 No. 4 are a register extract instead of the certificate, to attach the statutes and the expert statement of the examination association according to section 1, paragraph 2, sentence 1 No. 4.
(2) the certification of a contract can be used solely as patterns can be done at the request of a top Association of provider mentioned in section 1, paragraph 2. With the application, the documents shall be provided, showing that the terms and conditions of the standard contract are certified according to § 1 paragraph 3 or article 2 par. 3.
(3) a top Association of providers referred to in article 1, paragraph 2 can be as represented by its member companies for this referred to in paragraph 1 the applications. Sentence 2 No. 1 may be waived by the submission of the documents referred to in 1 paragraph 1, if the contract is a certified contract referred to in paragraph 2;
2. paragraph 1 sentence 2 No. 2 may be waived if the organisation in writing, that his member companies there called certification exists for him.
The Plenipotentiary has at the request of the certification authority his power of Attorney in writing to prove, as well as the documents referred to in paragraph 1 sentence 2 Nos. 1 and 2 to present.
(4) according to § 12, the fee is payable upon filing of the request.
(5) the certification authority three months as a supplementary notification (additional requirements) calls lack of information or documents. Three months after receipt of the supplement request the addition display of the CA is to reimburse; otherwise, the CA rejected the certification request. The period pursuant to sentence 2 is a deadline.

Section 5 certification of retirement pension plans the CA issued the certification in accordance with § 1 para 3, if you present the information required under this Act and documents as well as the terms and conditions of old age provision contract § 1 paragraph 1, 1a or two paragraphs and § 2a correspond to and the provider complies with the requirements of article 1(2).
Footnote (+++ § 5: to the application d. changes d. art. 2 No. 6 G v. 24.6.2013 I 1667 cf. § 14 para 6 +++) § 5a certification of base pension contracts the CA issued that certification according to § 2 para 3, if you present the information required under this Act and documents, as well as the terms and conditions of the base pension contract according to § 2 paragraph 1 or paragraph 1a and § 2a and the provider complies with the requirements of article 2, paragraph 2.
Footnote (+++ § 5a: application d. changes d. art. 2 No. 7 G v. 24.6.2013 I 1667 cf. § 14 para 6 +++) § 6 legal regulation on the protection of consumers, in particular to improve the comparability of products, as well as to the standardization of the procedure, may the Federal Ministry of finance in agreement with the Federal Ministry of labour and Social Affairs and the Federal Ministry of food, agriculture and Consumer Protection Ordinance , that not require the consent of the Federal Council, more detailed provisions on the certification process and nature, content, scope and representation of product information sheet and information requirements referred to in paragraphs 7 to 7 c meet. The Federal Ministry of finance may transfer by legal Ordinance which shall not require the consent of the Federal Council, to the federal Central tax office the authorization.

§ Has 7 information requirements in the product information sheet (1) the provider of a pension plan or basic pension contract in time to inform the contractual partner, but at the latest before that gives off his contractual Declaration by an individual product information sheet. The individual product information sheet must contain the following information: 1. the name of the product;
2.
the naming of the product type and a short description of the product;
3. the certification number;
4. retirement pension plans the recommendation before conclusion of the contract the funding authorization to check;
5. the full name of the party according to article 1(2) or section 2 paragraph 2;
6. the main elements of the Treaty;
7. the probability-based classification into opportunities risk classes;
8. for retirement pension plans in the form of a loan and for age pension contracts within the meaning of § 1 paragraph 1a No. 3 the indication of the net loan amount, the total cost and the total amount of the loan;
9. a statement of the costs pursuant to § 2a number 1(a) to (e) and paragraph 2 letter a to c, separately for each bullet point, providing to § 2 a sentence 1 number 1 letter f is voluntary;
10 information on the value for money;
11 in the case of base pension contracts pursuant to section 10 paragraph 1 paragraph 2 letter b double letter bb of the income tax act the guaranteed monthly performance;
12. a note on the relevant institution of the insolvency insurance and the extent of the extent granted protection;
13 information to the change of the provider and to the termination of the contract;
14 notes to the possibilities and consequences of a free position or repayment suspension and 15 the level of product information sheet.
The Treaty provides a complementary protection of occupational disability, diminished earning capacity or incapacity or an additional protection of survivors, the individual product information sheet must contain the following additional information: 1 the beginning, the end and the extent of supplementary protection;
2. Notes on the consequences when or delayed contributions and 3. information on performance exclusions and obligations.
Sentence 2 number 7 and 10 to 13 does not apply to 1 age pension contracts in the form of a loan or for age pension contracts within the meaning of § 1 section 1a number 3 and 2. the loan component of a retirement pension contract according to § 1 paragraph 1a sentence 1, paragraph 2 sentence 2 number 7, 8, 10 and 13 does not apply to base annuity contracts according to § 10 paragraph 1 paragraph 2 point (b) double letter bb of the income tax act. The cost information needed under this paragraph number 1 and 2 of the German insurance contract law information duties regulation occur insurance contracts at the point of the costs according to article 2, paragraph 1. The conclusion of the contract cannot promptly takes place to the information by the individual product information sheets, the provider must inform the Contracting Party only at the request or on an interim change of costs reported in the product information sheet by a new individual product information sheet.
(2) the individual product information sheet replaces the sheet according to § 4 of the VVG information duties regulation in amended. A model calculation is according to § 154 of the German insurance contract law for certified age pension contracts and for certified basic annuity contracts not to settle. These may be not also attached the individual product information sheet. The timely access of the individual product information sheet can be detected. The sheet is to provide the contractor free of charge.
(3) the provider fulfilled its obligations pursuant to paragraph 1, incorrectly or not completely, the contractual partner may withdraw within two years after the contract declaration from the contract. The resignation is to explain within three months after obtaining the knowledge of the cancellation reason. The provider has to pay the contractor a cancellation at least an amount of money equal to the premiums paid on the contract and age pension allowances. On old age pension benefits and contributions, the provider has to pay interest at the legal rate of interest the Contracting Party according to article 246 of the civil code. Interest begins on the day on which the contributions or the allowances flow to the provider. section 8 of the insurance contract law shall remain unaffected.
(4) the supplier has sold tariff prior to the initial distribution of a based pension or basic pension contract to create four patterns - sheet pursuant to sentence 2 to anyone on the basis of a certified retirement or basic pension contract pattern. They have to conform to that pattern data to be based are the information rather than the individual values in form and content the individual product information sheet referred to in paragraph 1 with the proviso. The pattern product information sheet will be published on the Internet. A letter from the Ministry of finance, which is published in the journal of the Federal Tax regulates the details of the release.
(5) paragraphs 297 to 299, 301 and 303 of the investment code remain unaffected.
Footnote (+++ § 7: to the application see § 14 para 6 +++) § 7a annual obligations (1) the provider of a pension plan or basic pension contract is obliged to inform the Contracting Parties annually in writing about the following points: 1 the use of contributions;
2. the amount of the qualified capital;
3. the actual costs incurred in the year under review;
4. earned income;
5. until the beginning of the pay-out phase of the capital after deduction of costs at the beginning of the payout phase likely to be available; for calculating contributions actually paid in the past and value developments referred to in the individual product information sheet provided before conclusion of the contract are according to § 7 paragraph 1 sentence 2 to number 10.
In the framework of the annual information obligation, the provider of a pension plan or basic pension contract must inform in writing whether and how ethical, social and environmental issues are taken into account when using the contributions.
(2) paragraph 1 number 2, 4 and 5 shall not apply 1 for base annuity contracts pursuant to section 10 paragraph 1 paragraph 2 letter b double letter bb of the income tax Act, 2 for age pension contracts in the form of a loan, 3. for age pension contracts within the meaning of § 1 paragraph 1a is number 3, or 4 if already an allotment of the via ownership savings contract.
Paragraph 1 sentence 1 No. 5 does not apply to contracts that were concluded before the date of application referred to in article 14, paragraph 6, sentence 2.
Footnote (+++ § 7a: to the application see § 14 para 6 +++) § 7 b information prior to the payout phase of the age pension contract (1) are from a retirement pension contract to provide services according to § 1, paragraph 1, sentence 1 No. 4, a provider of retirement pension plans to inform the Contracting Parties at the earliest two years before the start of the contractually agreed payment stage in writing of the following has: 1 the shape and height of planned disbursements including statements relating to a modification of the monthly services and 2. the costs in the payout phase.
No start of the payout phase is agreed, so the age 60 applies to age pension contracts concluded after December 31, 2011, the age of 62 years as beginning of the payout phase, indeed. The party is then by the provider in the framework of the communication pursuant to sentence 1 also to inform that an actual beginning of the payout phase is not agreed. If a provider of retirement pension plans is prepared according to section 1, paragraph 1, sentence 1, letter of b transmitted age pension assets to assume number 10, he must the request investors information making up set 1 and, where appropriate, set of 3 available, when up to the beginning of the pay-out phase remain less than two years. This information are the transmission value specified by the investors and transmission time to be based.
(2) the information must be made no later than three months before the start of the contractually agreed payment phase by the provider. If a provider of retirement pension plans not later than nine months before the contractually agreed payment stage referred to in paragraph 1 informs the Contracting Party, the Contracting Party has the right to terminate the age provision contract at the beginning of the pay-out phase at the latest three months before the start, the qualified capital according to section 1, paragraph 1, sentence 1 letter b transfer number 10. It is made later than six months prior to the payout phase, the party has the right to terminate the age provision contract at the beginning of the pay-out phase with a period of 14 days, to the qualified capital according to section 1, paragraph 1, sentence 1 letter b transfer number 10. Paragraph shall apply accordingly 1 sentences 2 and 3.
(3) a provider does not fulfil its obligations pursuant to paragraph 1 or 2 not, not, not completely, in the prescribed manner or in time, the Contracting Party may require within one year after the start of the pay-out phase of the provider to be made, as he confessed to the payout phase at the beginning of taking into account the payments made to him already. He can transfer the capital calculated in this way demand according to section 1, paragraph 1, sentence 1 number 10 point (b). The provider of the age pension Treaty may require then no costs for the transfer of capital by the Contracting Party. The capital calculated in accordance with sentence 1 is from the start of the pay-out phase up to its transmission to the other age provision contract amounting to the statutory interest rate after shall be payable on article 246 of the civil code.
Footnote (+++ § 7B: the application see § 14 para 6 +++) § 7 c cost change
A provider has to display a change of in costs to the Contracting Party which are identified according to § 7 paragraph 1 in the individual product information sheet. Costs change before the pay-out phase he has an adapted individual product information sheet or a sheet containing at least the information according to § 7 paragraph 1 sentence 2 number 1, 9, 10 and 13, to exhibit with a notice period of at least four months to the end of a calendar quarter prior to the change of the cost to the contractor. The performance to be based, which the calculations in the individual product information sheet provided before conclusion of the contract is the calculation of the value for money. Age pension contracts in form of a loan or retirement pension plans within the meaning of § 1 paragraph 1a No. 3 2 second alternative take the place of condensed information pursuant to sentence the information according to § 7 paragraph 1 sentence 2 Nos. 1, 8 and 9. Base pension contracts pursuant to section 10 paragraph 1 paragraph 2 letter b double letter bb of the income tax act shall replace the condensed information pursuant to sentence 2 second alternative the information according to § 7 paragraph 1 sentence 2 Nos. 1, 9 and 11. From the beginning of the pay-out phase, the costs on a separate sheet in the payout phase are to expel. Costs that 2 second alternative or the sentences 4 to 6 are not included in the individual product information sheets or sheet pursuant to sentence, must not take over the party.
Footnote (+++ § 7c: to the application see § 14 para 6 +++) § 7 d backup cooperatives to fulfil their obligation under article 1, paragraph 2, sentence 1 number 4 point (b) has the cooperative to make a direct claim against the guarantor the contractual partner and to demonstrate by passing a confirmation (insurance certificate) issued by this or whose instigation. Limiting amount of backup is to point out in highlighted manner. The guarantor can be compared to a party that is been given to an insurance policy which neither still called on objections from the surety that the insurance certificate has been issued only after completion of a surety agreement. The claim of the party against the cooperative on the guarantor enters handing a backup license pursuant to sentence 3, as far as these comply with the requirements of the Contracting Party. The backup can be done in other ways, if achieved a comparable level of protection.
Footnote (+++ section 7 d: to the application see § 14 para 6 +++) § 7 right of revocation the parties when a contract certified according to this law, without prejudice to other provisions, according to § 355 of BGB (Bürgerliches Gesetzbuch) (civil law shall be entitled to. Shall be entitled to at the same time in accordance with other regulations the consumer according to § 355 of BGB (Bürgerliches Gesetzbuch) (civil law or under other provisions, the right of withdrawal is excluded pursuant to sentence 1.
Footnote (+++ section 7e: to the application see § 14 para 6 +++) § 8 withdrawal, revocation and renunciation (1) which may CA reject the application for certification of an old age provision contract or revoke the certification of a retirement pension contract to the provider if facts justify the assumption that the provider required reliability does not own the No. 5, § 22a and section XI of the income tax act for the observance of this law, as well as the sections 10a, 22. The certification authority may reject the application for certification of a basic pension contract or revoke the certification of a basic pension contract to the provider if the facts justify the assumption that the provider reliability not has for the observance of this law, as well as the § § 10 and 22a of the income tax act. The CA has to revoke the certification to the provider if the provider no longer meets the conditions of § 1 paragraph 2 or of paragraph 112 of the insurance supervision Act. The cancellation of the certification according to the General rules of procedure of the tax code shall remain unaffected. For a provider within the meaning of § 1 para 2 sentence 1 No. 4 (cooperatives) is the Association of examination, from which the cooperative is checked, commits to informing the CA unless he a check within the meaning of sentence 1 or a revocation reason within the meaning of sentence 2 notes section 53, paragraph 1, of the cooperative law facts within the framework or otherwise become aware of the examination Association or known is it , that the statutes of the cooperative to be modified in such a way or changed, that the requirements of § 1 paragraph 2 sentence 1 number 4 point (b) no longer meet. Sentence 4 shall apply accordingly for top country authority according to article 81 of the cooperative act.
(2) the provider may waive the certification without prejudice to his obligations for the future by written declaration to the CA.
(3) the supplier is obliged to promptly inform the Contracting Party with which he has concluded an age pension or a base pension contract, withdrawal or revocation of certification.
(4) the certification authority shall inform the central body within the meaning of article 81 of the income tax act without delay of withdrawal or revocation of certification of an old age provision contract or waiving the certification of an age pension contract. The certification body shall inform the Supreme financial authorities of the countries without delay of withdrawal or revocation of certification of a basic pension contract or waiving the certification of a basic pension contract. It is also to tell at what point, withdrawal, revocation or renunciation are effective. In the case of a rejection of the application or a revocation referred to in paragraph 1, sentence 1 is the supervisory authority responsible for the provider as well as at a party in the sense of § 1 para 2 sentence 1 the examination Association, the cooperative is checked No. 4 from which to teach. A provider must notify the CA No. 4 within the meaning of § 1 para 2 sentence 1, if in the future, other than the previous examination Association will perform the check according to § 53 para 1 of the cooperative act.
(5) (lapsed) footnote (+++ § 8: application d. changes d. art. 2 No. 11 G v. 24.6.2013 I 1667 cf. § 14 para 6 +++) § 9 remedy and immediate enforcement appeal and complaint set up according to the provisions of the tax code and the financial court order. You have no suspensive effect.

Section 10 which makes CA certification and revocation, withdrawal, or the waiver by a publication of the name and address of the provider and its certification number in the federal tax Gazette announce release. The same applies for the certification of contracts within the meaning of § 4 paragraph 2, sentence 1.

Article 11 confidentiality and data protection (1) which dealt with the certification authority or instruct her persons may in their activities obtained confidential information unauthorized disclose or exploit, even if they no longer are in the service or their work is finished (confidentiality). This also applies to other persons who obtain through official reporting of the facts referred to in sentence 1.
(2) an unauthorized Revemu or reuse in the referred to in paragraph 1 is particularly not before, if facts are propagated to 1 by operation of law or public-service mission with the monitoring or inspection of insurance undertakings, credit institutions, financial services institutions, investment companies and persons instructed by them, 2 others was entrusted to cooperatives or building societies at the examination Association, which checks the cooperative financial authorities or 3. a provider within the meaning of § 1 para 2 sentence 1 No. 4 , as far as these authorities need the information to carry out their tasks. The obligation applies to persons employed in these places referred to in paragraph 1 sentence 1 according to.
(3) ((dropped out) 4) where personal data is collected, processed or used, the regulations of the Federal Data Protection Act shall apply.

§ To certify 12 fees (1) which makes certification authority for the processing of an application, an old age provision contract or a base pension contract, fees in the amount of EUR 5 000. For providers that basing a certified contract of a top Association its application according to § 4 paragraph 1, the fee is 500 euros, and 2. the provider at his request if the contract of the provider in terms of the requirements differs not 1 of section 2a of the certified model in order and content or article 2, paragraph 1 or paragraph 1a, article 1, paragraph 1 and paragraph 1a in addition the CA with their postal address , tells the certificate number and the date that the certification has become effective.
For applications according to § 4 para 3 sentence 1 and 2, the fee is 250 euros.
(2) the fee is set by written notification to the applicant; Authorisations of notification of must be observed. The applicant must within one month after notification of this decision to pay the fee. On the fee are the provisions of the tax code to apply mutatis mutandis. The setting of fees can be corrected according to the paragraphs 129 to 131 of the tax code. The opposition is against the setting of fees.
Footnote
(+++ § 12: the application d. changes d. Article 2 No. 12 G v. 24.6.2013 1667 cf. § 14 para 6 +++) § 13 penalty provisions (1) any person who intentionally or negligently 1 is contrary to article 7, paragraph 4, sentence 1 a pattern - sheet not, incorrectly, incompletely or not in time created, 2. contrary to § 7a paragraph 1 sentence 1 point not mentioned there, not properly , not completely, not in the prescribed manner or not timely informed 3. contrary to Article 7a (1) sentence 2 about taking account of the stated considerations when using the amounts paid, not, not, not completely, 4. contrary to section 7 offers b paragraph 1 sentence 1 on there and not in the prescribed manner or not timely informed mentioned point does not, not properly , not completely, not in the prescribed manner or not timely informed.
(2) the offence can be punished with a fine up to €3 000.
(3) administrative authority no. 1 of the code of administrative offences is the certification authority within the meaning of § 36 para 1.
Footnote (+++ article 13: application d. changes d. Article 2 No. 13 G v. 24.6.2013 1667 cf. § 14 para 6 +++) § 14 transitional provision (1) for contracts which have been certified according to § 5 in force on December 31, 2004 and all in article 7 No. 1 of the law of 5 July 2004 (BGBl. I S. 1427) changes included overall follow up to December 31, 2005 , a recertification of the Treaty is not necessary. Sentence 1 shall apply without time limit, as far as the provider while retaining the contractual design according to section 1, paragraph 1, sentence 1 No. 8 as amended up to December 31, 2004 with its existing customers the friendly takeover in article 7 No. 1 letter a double letter aa to cc and ee of the Act of 5 July 2004 (Federal Law Gazette I p. 1427) changes included wholly or partly agreed. The revision of the Treaty is to display the CA to in writing.
(2) for age pension contracts that are completed before January 1, 2012, § 1 paragraph 1 sentence 1 to apply number 2 with the proviso is that the agreement envisages a lifetime and calculated regardless of the gender pensions for the party year starting performance from a statutory old-age pension system of the contractual partner (beginning of the payout phase) must pay the life year or one before age 60 prior to age 60. Without prejudice to the other conditions referred to in article 1, paragraph 1, sentence 1. A recertification of the Treaty is not required for contracts, which have been certified according to § 5 in force on December 31, 2011 and who understand raising the age limit from the 60th to the 62nd year of life until December 31, 2012. Sentence 3 shall apply mutatis mutandis as far as raising the age limit from the 60th to the 62nd year of life in individual contracts or through contract amendment is agreed with the customer. Paragraph shall apply accordingly 1 sentence 3.
(2a) for contracts that have been certified according to the § § 5 or 5a in force on December 31, 2012 and that alone changes the certification requirements by article 2 of the law of 24 June 2013 (BGBl. I S. 1667) be traced no recertification is required. Paragraph shall apply accordingly 1 sentence 3. Set 2 is received until the expiry of the day which in paragraph 6 no change in display at the CA application date referred, this applies application date referred as waiver of the provider on the certification within the meaning of § 8 paragraph 2 which in paragraph 6 sentence 2.
(2B) for contracts that have been certified according to § 5 or § 5a until July 23, 2014 and in which alone the changes by article 1 of the law of 15 July 2013 (BGBl. I S. 2397) and by article 5 number 1 of the law of 18 July 2014 (BGBl. I S. 1042) be included, no recertification is required. Paragraph shall apply accordingly 1 sentence 3.
(3) the certification for contracts, whose contracts on in article 2 No. 1 letter a to c of the law of July 29, 2008 (BGBl. I p. 1509) changes relate, may be granted at the earliest on 1 November 2008. Certification on the basis of the right force until December 31, 2007 can be granted until such time resulting from sentence 1. Contracts that have been certified according to article 4, paragraph 1, 2 or § 3 in conjunction with § 5 in force on December 31, 2007 to the provisions in article 2 No. 1 point (b) of the law of July 29, 2008 (Federal Law Gazette I p. 1509) be supplemented. The fees for the certification pursuant to sentence 3 are based on section 12 sentence 3. By article 2 No. 4 letter d of the law of July 29, 2008 (Federal Law Gazette I p. 1509) amended annual information requirements are applicable for years beginning after December 31, 2008 for the first time.
(4) for age pension contracts, be certified until December 31, 2009, pursuant to § 4 para 1, § 1, paragraph 1, sentence 1 applies no. 10 letters b and c with the proviso that building societies within the meaning of the law on building societies can each agree to a period of not more than six months to the end of the month.
(5) certification authority the Federal Agency for financial services supervision is by way of derogation from article 3, paragraph 1 until June 30, 2010. From 1 July 2010, the provisions of the tax code to apply are in administrative procedures under this Act. Applicable, the provisions of the Administrative Procedure Act remain on pending on June 30, 2010. This also applies to appeals pending at this time.
(6) the changes of referred to in article 2 number 1 to 3, 6 and 7, 11 to 13 letter a and b of the Act of 24 June 2013 (Federal Law Gazette I p. 1667) shall apply for the first time on 1 January 2014. The changes of referred to in article 2 number 9 and 10 of the Act of 24 June 2013 (Federal Law Gazette I p. 1667) shall apply for the first time on the first day of the 18th on the promulgation of a regulation in the sense of § 6 sentence 1 of calendar month following. Section 7, paragraph 1, sentence 2 7 c do not apply number 9 and § for contracts that were concluded before the date of application referred to in sentence 2.