Regulation on the Third Section of the Employment Protection Act

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Date of completion: 20.10.1980

Full quote:

" Regulation on the Third Section of the Employment Protection Act of 20. October 1980 (BGBl. 2006), as defined by Article 64 of the Law of 18 December 1989 (BGBl I). 2261).

Status:

Amended by Art. 64 G v. 18.12.1989 I 2261

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.10.1979 + + +) Unofficial table of contents

Input formula

On the basis of Section 14a (6) and Section 14b (5) of the Workplace Protection Act, as amended by the announcement of 14 April 1980 (BGBl. I p. 425), with the approval of the Federal Council, the Federal Government decrees:

First section
Provision of institutions for occupational retirement and survivors 'retirement and survivors' pensions outside the public service

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§ 1

In the sense of Section 14a (3) of the Act, the following are to be regarded as an occupational or under-company old-age and survivor's pension:

1.

The insurance in institutions within the meaning of the Act on the Improvement of the occupational retirement provision of 19 December 1974 (BGBl. 3610) in so far as they raise contributions to the employee and grant him a legal right to their benefits,

2.

Voluntary insurance in a branch of statutory pension insurance,

3.

Insurance in public insurance or pension institutions of a professional group.

Second section
Reimbursement procedures for public service and non-public service employers, and for conscripts

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Section 2 For the reimbursement of competent authorities

(1) The Federal Minister of Defence shall announce the authorities responsible for the refund in the Federal Gazette (Bundesanzeiger). (2) Local authority shall be the body in whose area the seat of the employer's holding or the person responsible for the payment of the employer's office is responsible. Branch of the establishment, or, in the case of a refund to the conscription, the place in whose area the person is domicated. Unofficial table of contents

§ 3 Refund procedure for employers

(1) The application to be submitted by the employer shall contain information on:

1.

the first and last names and the birthday of the worker and his place of residence before the commencement of the military service,

2.

the duration and nature of the military service,

3.

the establishment of old-age and survivors ' pensions and the provisions on which contributions are to be paid, in particular the collective agreement, the operating agreement, the articles of association, the employment contract, the insurance contract,

4.

the amount of the contribution which is attributable to the military service period,

5.

the duration of the employment relationship,

6.

the body to which the amount to be reimbured is to be paid, including in particular the account number and the cash register.

(2) The information referred to in paragraph 1 (2) to (5) shall be provided. In the event that written documents are not available, the employer shall demonstrate the accuracy of the information in a suitable other way. For the submission of documents, the bodies responsible for the refund may grant relief. Unofficial table of contents

§ 4 Refund procedure for conscripts

(1) The application to be submitted by the conscription must contain information on:

1.

Before and surname as well as birthday and place of residence before the beginning of the military service,

2.

the duration and nature of the military service,

3.

the establishment of old-age and survivors ' pensions and the provisions under which contributions are paid to them, in particular the articles of association, the insurance contract, the other arrangements,

4.

the amount of the contribution to military service and the amount of contributions paid in the last 12 months prior to the commencement of the military service,

5.

an exemption from the obligation to insurance in the statutory pension insurance scheme as a member of a public insurance institution or pension scheme of its professional group;

6.

the body to which the amount to be reimbured is to be paid, including, in particular, the account number, the cash register and the social security number.

(2) The information referred to in paragraph 1 (2) to (5) shall be established. For the submission of documents, the bodies responsible for the refund may grant relief. Unofficial table of contents

§ 5 Other provisions

(1) The Federal Minister of Defence or the authorities appointed by him as well as the Federal Court of Auditors may obtain information and request documents from the applicant for the refund applications. (2) The reasons justifying the application for reimbursement Documents must be kept by the applicant for 3 years. (3) The contributions to be made may only be paid directly to the establishment of the old-age and survivor's pension, provided that proof of payment of contributions is not submitted. Unofficial table of contents

§ 6 Entry into force

This Regulation shall enter into force with effect from 1. October 1979, in force.