Law On The Establishment Of A Federal Post And Telecommunications Deutsche Bundespost

Original Language Title: Gesetz über die Errichtung einer Bundesanstalt für Post und Telekommunikation Deutsche Bundespost

Read the untranslated law here: http://www.gesetze-im-internet.de/bapostg/BJNR232510994.html

Law on the establishment of a federal post and telecommunications Deutsche Bundespost (Federal post law - BAPostG) BAPostG Ausfertigung date: 14.09.1994 full quotation: "Federal Postal Act of 14 September 1994 (BGBl. I p. 2325), by articles 3 and 4 of the Act of May 28, 2015 (BGBl. I p. 813) has been changed" stand: last amended by article 2 paragraph 26 G v. 1.4.2015 I 434 note : Amended by art. 3 and 4 G v. 28.5.2015 I textually demonstrated 813 (No. 21) documentary has not conclusively edited indirect amendment article 6 para 1 G v. 28.5.2015 I 813 (No. 21) is considered more to the stand number in the menu see remarks footnote see (+++ text detection from: 1.1.1995 +++) the G as article 1 G 900-10 v. 14.9.1994 I 2325 (PTNeuOG) by the German Bundestag, with the consent of the Federal Council decided. It is accordance with article 15 paragraph 1 of this G on the units entered into force.

Table of contents section 1 establishment § 1 establishment, legal form, seat section 2 supervision section 2 tasks § 3 tasks section 3 organisation § 4 line section 5 Board § 6 appeal against decisions of the Board of Directors article 7 permits section 8 statute section 4 postal Civil Pension Fund § 9 principles article 10 economic governance, accounting section 11 succession of the Bundes-pensions-service for post and telecommunications e. V. § 12 reconciliation of the workers and employees of the Bundes-pensions-service for post and telecommunications e. V. § 13 reconciliation of the civil servants and officers section 5 labor law tasks § 14 tests at disciplinary proceedings , Layoffs and Zurruhesetzungen § 15 exercise of staff powers for care recipients and care recipients from the area of the former Deutsche Bundespost § 16 aid processing section 17 exercise of staff powers at the resolution of post company § 18 (dropped out) section 6 § 19 management financing article 20 budget section 21 accounting section 22 inspection and discharge of the President or the President section 7 personnel section 23 officials and civil servants, workers and employees section 24 transfer measures for the personnel section 25 temporary low his valued using section 8 social tasks section 26 operational social services subsection 1 management the postal civil service health insurance Article 26a organs section 26 b Board of Directors, Board of Directors section 26 c statute section 26 d tasks under section 2 economic management of the postal civil service health insurance § 26 economic plan section 26f principles of post design § 26 g posts in the basic insurance plan section 26 h compensation fund Article 26i other revenue § 26j exemption of the Federal Republic of Germany § 26 k distribution of administrative burdens, authority to issue regulations section 26 l aid processing for other posts under section 3 housing welfare section 27 housing welfare section 9 transitional arrangements article 28 transitional social section 29 asset transfer system (to § 8 sentence 1) section 1 establishment § 1 construction , Legal form, seat (1) to exercise the rights deriving from this law and obligations with respect to the resulting from the part of funds of the German Federal Post Office private companies (post successor companies) established the Federal Republic of Germany the Bundesanstalt für post und Telekommunikation Deutsche Bundespost (Federal Agency).
(2) the Federal Agency is a legal institution of under public law. It is headquartered in Bonn.

§ 2 supervision the Federal Agency is subject to the legal and technical supervision of the Federal Ministry of finance. It is authorized to request any information and to make arrangements so that the Federal Agency carries out its tasks in accordance with the laws, statutes, regulations and the interests of the Federal Government.
Section 2 tasks § 3 subject (1) which has Federal Agency the tasks after the sections 4, 5, 7 and 8 (2) post follow-up undertaking within the meaning of this law are the post follow-up undertaking within the meaning of § 38 clause 1 of the postal personnel law.
(3) the Federal Ministry of Finance of the Federal Agency in consultation with the postal company can transfer more consequential tasks of restructuring of postal services in relation to the employees of the former Fund Deutsche Bundespost.
(4) of the tasks referred to in this law, the Federal agency may exercise rights nor influence on the postal company.
Section 3 organisation § 4 line (1) is the Federal Agency by a President or a President, or is in an employment relationship to the Federal Republic of Germany. The President or the President manages the affairs under their own responsibility in accordance with this Act and the instructions of the Ministry of finance. He or she represents the Federal Court and out of court. The President or the President regulates the internal organization of the Federal agency through its rules of procedure.
(2) the President or the President is appointed by the Federal Ministry of finance in consultation with the Board of Directors on the basis of an employment contract and dismissed. The duration of the employment relationship is up to five years. The extension of the employment relationship is allowed.
(3) the President or the President may exercise no other paid Office, no trade and no profession in addition to her or his activities as President or President and neither belong to the management of a company acquisition-oriented nor a Government or a legislative body of the Federation or a land. He or she may not deliver extra-judicial opinion for a fee. For membership of a supervisory board, Board of directors or Advisory Board of a company aimed at acquiring the consent of the Federal Ministry of finance is required. The President or the President has to make announcement to the Federal Ministry of finance about gifts that he or she receives in relation to his or her activity as President or President. The same applies to other benefits granted to him or her in relation to his or her activity as a President or a President. The President or the President has, even after her or his employment relationship, about which her or him officially known that matters to preserve secrecy. This does not apply insofar as they are obvious or require their importance for any secrecy.
(4) in addition, the official legal relationships of the President or of the President in the employment contract are governed set 1 referred to in paragraph 2, the Federal Ministry of finance concludes with her or him. The obligations arising from the employment contract for the Federal Republic of Germany are to meet, unless otherwise laid down in the contract of employment by the Federal Agency.
(5) a federal agent to the President or a federal official to the President is appointed, he or she will be on leave for the duration of the employment relationship. The period of the leave of absence is pension able. Supreme service authority of the President or of the President is the Federal Ministry of finance.
(6) paragraph 5 applies for judges and judges, State attorneys, and prosecutors and for professional soldiers and professional soldiers.

§ 5 Board of Directors (1) the Federal Agency is formed a Board of Directors. It consists of one or a Chairman named by the Federal Ministry of finance, and other members. These are: 1 a representative or a representative of each post successive company, 2. a representative or a representative of staff of every post successor company on a proposal from the employee side, and 3 by the Federal Ministry of Finance named individuals who have so many voices, such as the representatives and representatives according to paragraphs 1 and 2 together.
That or the Chairman and the other members of the Board of Directors are appointed by the Federal Ministry of finance and dismissed.
(2) the details of the appointment and dismissal of the members of the Board of Directors, the distribution of votes on the members of the Board of Directors, as well as the term of Office are regulated by the Statute.
(3) the Board of Directors is rules of procedure, which shall require the approval of the Federal Ministry of finance.
(4) the Board of Directors decides on presentation of the President or of the President over 1 finding and significant changes of the economic plan, 2. the adoption of the annual financial statements, 3. the discharge of the President or of the President, 4. amendments to the Statute.
Discharge pursuant to sentence 1 No. 3 does not exempt be liable.
(5) on a proposal of the President or of the President pursuant to paragraph 4, the Board of directors within two months has to decide. If no decision is taken within this period, the template is deemed approved.

§ 6 appeal against decisions of the Board of Directors (1) the President, or the President can against one according to § 5 ABS. 4 decision of the Board of directors within one week after receipt of the notice raise an objection, if he or she considers that the decision falls short of vital interests of the Federal Agency. The President or the President has at the same time the Ministry of finance about the opposition to teach.
(2) the Board of Directors has again within one month after receipt of the appeal after consulting the President or the President to decide. The decision is justified.
(3) the Board of Directors with the majority of its members, decides to reject the opposition of the President or of the President, the Federal Ministry of Finance on presentation of the President or of the President decides. Otherwise, the template of the President or of the President is decided.

§ 7 approvals (1) which provides President or the President the resolutions of the Management Board pursuant to § 5 para 4 before the Federal Ministry of finance for approval.
(2) the President or the President regularly reports the Federal Ministry of finance and the Board of Directors on the Board of Directors of the Federal Agency.

§ 8 statutes the statutes of the Federal agency determined in the annex to this law. She can be changed in accordance with § 5 para 4 sentence 1 No. 4 in conjunction with article 7, paragraph 1. The Statute's amendments to this law to adapt.
Section 4 postal Civil Pension Fund § 9 principles that takes Federal Agency the tasks entrusted to the postal Civil Pension Fund in the sections 14 to 16 of the postal personnel law right. The Federal Agency can perceive more tasks with the approval of the Federal Ministry of finance under the name "post civil servants pension fund" the fulfilment of which is in the interest of the service recipients and beneficiaries.

§ 10 economic management, accounting (1) which is a Federal Agency for each fiscal year on an economic plan for the postal Civil Pension Fund. The budget requires approval to § 7 paragraph 1 fiscal year is the calendar year.
(2) for the postal civil pension fund the Federal Agency provides a revenue and expenditure account according to the principles of the federal financial regulation, as well as a balance sheet within the first four months of the following year for the previous financial year. In addition, it prepares financial statements and a management report on the same date according to commercial principles. Article 21 paragraph 1 and section 22 shall apply mutatis mutandis. The disclosure law is not applicable.

§ 11 legal succession of the Bundes-pensions-service for post and telecommunications e. V.

(1) the Federal Agency joins the rights and obligations of the Bundes-pensions-service for post and telecommunications e. V. as post office workers pension fund.
(2) the Federal agency assumes without compensation at the end of 31 December 2012 by the Bundes-pensions-service for held-post and telecommunications e. V. as post officers pension fund assets (assets and liabilities including any limited rights in rem). Ordered liens and other security interests remain unchanged.
(3) the Federal Agency works towards a Beteiligtenberichtigung in court proceedings.

Article 12 transfer of employees and workers of the Bundes-pensions-service for post and telecommunications e. V.

(1) the Federal Agency joins the rights and obligations of work conditions existing with the Bundes-pensions-service for post and telecommunications e. V.. The affected workers and workers can object in writing within one month after the transfer the transition of their employment relationship. The contradiction can be explained opposite the Bundes-pensions-service for post and telecommunications E.v. or the Federal Agency. § 613a of BGB (Bürgerliches Gesetzbuch) (civil law does not apply.
(2) on the approximation of the working conditions on the tariff structure of the Bundesanstalt, the contracts transferred to paragraph 1 once within six months after passage of the Federal agency with a period of six months to the end of each calendar month within the framework of change notices can be cancelled. An employment contract to the terms in accordance with the applicable collective agreement arrangements to offer at the Federal Institute is the affected workers and employees at the same time. The right to termination of employment for other reasons remains unaffected.
(3) close the transferred workers and workers with the Federal Agency a new contract of employment, periods of employment with the Bundes-pensions-service for post and telecommunications e. V. or one of its legal predecessors of periods of employment with the federal institution are equal. The annual allowances, reduce as a result of the completion of a new employment contract the affected workers and employees receive a non compensatory allowance. Is accorded in the amount of difference between the annual remuneration at the Federal Agency and of those compensation which would have been to the worker or the worker in the case of a 100% achievement of objectives within the last calendar year before the transition with the Bundes-pensions-service for post and telecommunications e. V. due to the fixed and variable remuneration; the calculation of the difference amount will be determined the remuneration for full-time employment. The compensatory allowance is paid in monthly instalments of each one-twelfth of the compensatory payment along with the monthly fees; for the first time in the month following on the conclusion of the new contract. The compensatory allowance to 20 per cent of their original amount decreases each after one year. Remuneration in kind, aid, insurance benefits, benefits for occupational retirement provision, as well as comparable non-monetary benefits of the Bundes-pensions-service for post and telecommunications e. V. remain for the calculation of the compensatory allowance out of consideration. In the case of part-time work, the compensatory allowance in the same proportion is truncated as working time.
(4) the Federal agency ensures that at the time of the reconciliation with the Bundes-pensions-service for post and telecommunications e. V. of existing entitlements from a company pension scheme even if they are not yet vested. Additional qualifying claims are no longer available. The transferred workers and workers take part in pension existing at the Federal from the date of the financial statements of a new employment contract with the Federal.

Article 13 transfer of civil servants and officials leave of civil servants and officials who are involved in the framework of private sector employment for the Bundes-pensions-service for post and telecommunications e. V., is repealed. If they are civil servants and officials of the Federal Government, they are transferred to the Federal Agency. A working relationship of civil servants and officials to the Federal led over according to article 12, paragraph 1 expires.
Section 5 labor law tasks § 15 disciplinary proceedings before the Board of Directors of the joint-stock company or it is a subsidiary bodies owner or one subordinate jobholders with the powers of an or a Service Manager by disciplinary Decree imposed a disciplinary measure or sets a service offence to the burden of an official or a civil servant in a setting available, examines the Federal Agency the intended available after submission of files on legality and proper exercise of the discretion. The same applies before bringing the disciplinary action.

§ 16 dismissals, Zurruhesetzungen before the Board of Directors of the joint-stock company or it is a subsidiary bodies owner or one subsidiary bodies owner with the powers of an or a service supervisor dismisses a civil servant or an official pursuant to § 32 para 1 No. 2, § 34 paragraph 1 to 3, § 36 or § 37 of the federal civil servants Act, transferred in accordance with article 44 or article 49 of the federal civil servants act to retire or minimizes the time of a civil servant or Government official because of limited ability of service in accordance with section 45 of the federal civil servants act , the Federal Agency shall examine the intended decision template of files on legality.

Article 17 (dropped out) § 18 (dropped out) - section 6 § 19 management financing (1) the tasks according to § 3 the Federal Agency in accordance with public service paid-to-care contracts perceives, which concludes with the postal company. The costs associated with the performance of duties including the imputed costs are financed from the contractually agreed charges including a winning bid. The guidelines for the determination of price on the basis of cost price (annex to Regulation PR No. 30/53 from 21 November 1953, last amended by article 289 of the Decree of 25 November 2003, BGBl. I S. 2304), are to be observed. You can be waived by mutual agreement in whole or in part. The earnings supplement must ensure a reasonable compensation for the remaining risks. Instead of the winning aggregate, a full cost transfer can be agreed. For personal overhang no earnings supplement for the period from 1 December 2005.
(2) 26 k prejudice to § 26 para 4 and §.

Section 20 economic plan (1) who is President or the President for every year an economic plan on, which includes 1 a preview-profit and loss account, 2. a preview statement of cash and 3. an establishment plan. Business year is the calendar year.
(2) part of the business plan is also a mapping disaggregated in detail the plan expenses and plan investments to following areas: 1.
The Deutsche Bundespost in accordance with article 26, paragraph 1 and 4, 2 recovery plant post Postbank Telekom e. V. in accordance with article 26, paragraph 1 and 4, 3. service work post Postbank Telekom according to section 26 para 1 and 4, 4. postal civil service health insurance pursuant to section 26 subsection 2 and sections 26a to 26 k and 5. other tasks of the Federal Agency.
The Statute regulates the details.
(3) the business plan requires approval in accordance with § 7 paragraph 1 (4) the approval of the management plan for the following year is not available until the end of the fiscal year, the President is up to the entry into force of the economic plan or the President authorized to afford all the expenses to maintain the ongoing operations of the Federal, legally established obligations of the Federal Agency, and to continue started investing.

Article 21 financial statements, management report and annual report (1) who is President or the President for each fiscal year financial statements and a management report according to commercial principles on. The annual accounts consists of the balance sheet, the profit and loss account, as well as the Appendix. The financial statements requires the permission pursuant to § 7 para 1 (2) annual business report containing the financial statements and the management report of the Federal. The annual report is to present the Board of Directors and the Federal Ministry of finance.

Examination and discharge of the President or President (1) financial statements and management report of the Federal are to section 22 by one or one by the Federal Ministry of finance to auditor or auditors to be determined to check.
(2) the Federal Court of Auditors checks according to § 111 of the federal financial budgetary and economic management of the Federal Agency. The President or the President shall present the annual accounts and the management report and the report of the auditor or the auditor the General Accounting Office. The General Accounting Office audit findings may refer to the Board of Directors and the Federal Ministry of finance.
(3) the Board of Directors decides, taking into account the report of the auditor or the auditor about the discharge of the President or of the President. The decision on the discharge requires the authorization referred to in article 7, paragraph 1. The discharge contains a waiver of claims.
Section 7 to deal with personnel section 23, officials and civil servants, workers and employees (1) without prejudice to the law, workers and workers the Federal Agency is awarded the right to have civil servants and officials.
(2) the officers and officials of the Federal Agency are federal officials and federal officials. Supreme Administrative Authority and top superior or Supreme service supervisor is the President or the President; § 2 para 2 of the post social security organisation law shall remain unaffected. The Supreme Federal authority responsible for the supervision within the meaning of section 144 of the federal civil servants act is the Federal Ministry of finance. The Federal Ministry of finance determines after consultation, or on a proposal from the President or the President which job holders or job holder exercise the powers of an or a Service Manager for the civil servants employed in the occupational social institutions and officials below the President or the President. The determination shall be published in the Federal Law Gazette.
(3) the Federal President or the Federal President appoints and dismisses the officials and officials of the Federal salary order B of the Federal Agency. The President or the President appoints and dismisses the officials and officials of the Federal salary order A. (4) at the Federal Institute you can be exceeded allowable limits for transport offices according to § 26 para 1 of the federal salaries Act, insofar as this is necessary due to the requirements associated with the functions.
(5) a set allowance according to the preliminary note number 7 to the remuneration scheme A and B of the federal pay law was a civil servant or an official from being used at the Federal, will it further granted for the duration of this use. Credit provisions shall apply.

§ 24 reconciliation measures for personnel (1) up to the date of entry into force of this Act valid collective agreements of companies of the Deutsche Bundespost postal service, the Deutsche Bundespost POSTBANK, the Deutsche Bundespost TELEKOM and the Board of Directors of the Deutsche Bundespost apply until new collective agreements for which the Federal employees. Acquis regulations, where necessary, agreed for employees transferred to the Federal Agency. For employees of the Federal Agency, the collective agreements entered into by the President or the President of the Federal Agency.
(2) an official or an official of the Federal Agency can be transferred on the basis of an individual decision to a postal company and there has, if the officer or the officer and the post company.

§ 25 temporary low range use can a civil servant or an official, which or whose duties by restructuring or decline task is affected, while maintaining her or his Office without their or consent transmitted temporarily poorer work in the same or a similar career, when an Office application is not possible and expected the perception of the new task, taking into account their or his previous occupation to the officer or the officer.
Section 8 social tasks § 26 operational social facilities (1) be the Versorgungsanstalt of der Deutsche Bundespost and the recovery movement post Postbank Telekom e. V. for the Federal Agency and continued with the postal company by the Federal Agency as standard equipment. The care work post Postbank Telekom is maintained for the Federal Agency and the postal company by the Federal Agency.
(2) the postal civil service health insurance as an operational social institution is closed in its fleet and will continue with the aim of processing in the existing form of a legal entity of public law in accordance with this law and closer form by the articles of Association of the postal civil service health insurance for the Federal Agency and the postal company by the Federal Agency.
(3) the operational social services have to be aligned with the organizational conditions of the postal company and to follow their interest in creating a possible economic performance.
(4) the Federal agency takes over within the framework of the continuation and maintenance of the personnel and general expenses for the recovery movement post Postbank Telekom e. V., uniting care post Postbank Telekom and the Versorgungsanstalt of der Deutsche Bundespost. Bear the cost involved including the imputed costs, insofar as they are not covered by other income 1 the postal company for the beneficiaries or beneficiaries in the field of the postal company and the Federal Agency pursuant to section 19 para 1, 2. Moreover the Unfallkasse post und Telekom, the Museum Foundation of post and telecommunications, and the Federal Republic of Germany for their beneficiaries or beneficiary.
Special agreements for the purpose of partial equity financing can be used for the continuation of the recovery work and the maintenance of the support work.
(5) the Federal Agency is obliged to check the efficiency of operational social facilities. The Federal agency oversees the postal civil service health insurance and the Versorgungsanstalt of der Deutsche Bundespost. Article 88, paragraph 1 and 2 and article 89, paragraph 1 and 3 of the fourth book of the social code shall apply mutatis mutandis.
(6) the rules on the participation rights of the Federal Ministry of Finance contained in part VI of the federal budget rules do not apply to the operational social facilities. The rights of the competent Ministry are perceived by the Federal Agency.
Subsection 1 administration of the postal civil service health insurance Article 26a organs (1) organs of the postal civil service health insurance are the Board of Directors and the Board of Directors.
(2) duties and powers of the institutions are regulated by this law and the Statute of the postal civil service health insurance.

§ 26b Board of Directors, Board of Directors (1) the Board consists of one or more persons. He represents the postal civil service health insurance after outside. The Board consists of more than one person, can be determined in the statutes that individual members of the Management Board may represent the postal civil service health insurance.
(2) the self-governing body of the postal civil service health insurance is the Board of Directors. This comprises 16 members certain closer in accordance with the articles of Association, of which eight corporate and management representatives or corporate and management representatives and eight representatives of Member or member representatives are. The company and management representatives or business and management representatives are composed of three employees of Deutsche Post AG and Deutsche Telekom AG, an or an employee of Deutsche Postbank AG and an or a staff of Bundesanstalt.
(3) each Member of the Management Board has one vote. Members of the Board of Directors and their permanent representatives or alternates may authorise other persons appointed pursuant to paragraph 4.
(4) properly elected Board of Directors members and their respective permanent representatives or alternates are appointed by the Federal and dismissed.
(5) the Board of Directors elects from among its members a Chairman and a Deputy, a Chairman or a Deputy.
(6) the members of the Board of Directors and their representatives or alternates will receive an allowance for their work in the Board of Directors. This forms part of the administrative burden in the sense of § 26 k.
(7) the Board of Directors sets the Board and dismisses them.
(8) the Board of Directors decides on the template of the Board over 1 finding and significant changes of the economic plan, 2. the determination of the annual financial statements and the management report, 3. discharge of the Executive Board, 4. temporary restrictions of services to members, 5. guidelines for the investment of the assets, 6 amendments to the Statute, 7 the amount of contributions and contribution structure and 8 the amount of compensation pursuant to paragraph 6.
The resolutions require the approval of the Federal Agency pursuant to sentence 1. The Board of Directors can ask for opinion the Federal Agency for financial services supervision. Statutes amending decisions require a two-thirds majority of the members of the Board of Directors.

section 26c statute (1) the statutes of the postal civil service health insurance regulates their organization and management as well as their services and contributions.
(2) insofar as not the performance of duties of the basic insurance is touched, the statutes of the postal civil service health insurance to do so may authorize to establish legal entities of private law, to operate if this seems suited to the tasks of the postal civil service health insurance and to serve the reduction in the financial burden. Staff economically this may not go to the detriment of employment of the staff employed in the postal civil service health insurance.

section 26 d tasks (1) the postal civil service health insurance provides, as far as the statute foresees this aid benefits under the State aid rules of the Federal Government, additional and supplementary health insurance benefits and insurance services under the care Insurance Act. It's about as far as public. The health insurance benefits are divided into the insurance branches of basic insurance, additional insurance and supplementary insurance.
(2) the postal civil service health insurance can take, as far as this is legally allocated aid processing for non-members.
Subsection 2 management of the postal civil service health insurance § 26 economic plan (1) which provides the Board of Directors of the postal civil service health insurance for each fiscal year an economic plan on, which is determined by the Board of Directors of the postal civil service health insurance and requires approval by the Federal Agency.
(2) the business plan is to set up separately after the insurance branches.
(3) the postal civil service health insurance guarantees a permanently balanced budget in the respective branches. The required contributions are determined annually by the statute pursuant to sections 26f and 26 g.

section 26f principles of post design based on the annual calculation of premiums in the individual insurance branches is each an opinion that is created in accordance with the Statute by an actuary appointed by the Board of Directors objectively and free of authority, taking into account insurance development, loss trend and expected changes of in fixed assets and in the fiscal year and expected long-term spending and revenue with the goal of handling the postal civil service health insurance takes into account.

§ 26 g posts in the basic insurance plan (1) basis of the fee structure and the level of contributions are in the post tables in annex 1 to the sections 25 to 28 in the official journal of the Federal Minister for post and telecommunications from 1 April 1987, p. 717 known given statutes of the postal civil service health insurance, as last amended by the 53. amendments of 27 April 2005 (GMBl 2005, p. 733), in force on December 31, 2004.
(2) the fee structure can be modified by the Statute. She should be changed if this is necessary to ensure of a permanently balanced budget, especially because significant and not only temporary changes in the composition of the review group or their damage needs have occurred.
(3) the Board of Directors determines member contributions to the basic insurance plan each year on the basis of an actuarial opinion in accordance with the constitutional limit. The calculation of contributions by the actuaries to section 26f has with the aim of long-term continuity of post adjustment to be made. In the calculation, the funds from the compensation fund in accordance with section 26 h and the other revenue referred to in section 26 c para 2, § 26 d para 2, § 26 g para 5, § 26i and 26 k in accordance with their intended purpose with a. The contributions must not exceed the average level of contributions private aid supplementary health insurance taking into account comparable services. Here, the average posts of the largest health insurer with a market share of at least 70 percent are to be based. It is based on a consideration of the totality of the insured portfolio insurance throughout. Special features of the different insurance systems is to take into account. The comparison of the post is created by an actuary. The Statute regulates details.
(4) (dropped out) (5) as far as the calculation of premiums according to the achieving of the objective according to § 26 para 3 sentence 1 does not guarantee the paragraphs 1 to 3 because the limit of the contribution assessment under paragraph 3 is reached, the postal company for resulting from long-term shortfalls in the postal civil service health insurance shall be liable up to the end of processing for members who are attributable to them, the Federal Agency and the former Fund Deutsche Bundespost. The long-term shortfall resulting from the calculation is the proportion of the contributions that cannot be reached in the fiscal year, because the determining contribution limit is reached under paragraph 3 pursuant to sentence 1. Long-term shortfalls pursuant to sentence 1 for members who are attributable to the Unfallkasse post and Telecom, as well as the Museum Foundation post and telecommunications they are liable for, for other members of the Federal Republic of Germany. Basis for determining the expected shortfall pursuant to sentences 1 and 2 is the actuarial opinion according to Article 26f. In administrative proceedings which have the question of reaching the border of the level of contributions to the subject, are the post successor companies to participate. Section 65, subsection 2 and section 66 of the code of administrative court procedure and article 66 of the code of civil procedure shall apply to the post company. The postal civil service health insurance and the post company arbitration may delegate the decision on the liability pursuant to sentence 1. A liability of the postal company's intervention can be determined in a settlement agreement, the postal civil service health insurance and the postal company must agree to the.
(6) the post during parental leave is to be set according to the contributions to be collected in this case in the statutory health insurance.

§ 26h compensation fund (1) the postal civil service health insurance forms to the permanent household fuse in the basic insurance plan a compensation fund. The postal company to pay the amount of EUR 525 million in relation to its insured portfolio in the basic insurance plan as of December 31, 2004, which every year to pay interest on is from 1 January 2005 until the date of credited to the account of the postal civil service health insurance by the postal companies in succession with 5.75 percent.
(2) the Board of Directors of the postal civil service health insurance lays down the principles for the investment of the Fund assets in the Statute. This is to ensure, taking into account the expected actuarial report cash outflows on a balance between profitability and safety while maintaining an appropriate mix and spread.
(3) the income of the Fund's assets and - if necessary - the Fund assets self are g (posts in the basic insurance plan) on the basis of the business plan to cover the performance issues for the members and their insured with families from the area of post successor companies, used federal agency and of the former Fund of German Federal Post Office that fall, not among the persons of Article 26i, par. 2, as far as a balanced budget with adjustments of contributions pursuant to section 26 and with other income pursuant to section 26 c para 2 , section 26 d para 2, §§ 26i and 26 k guarantee can be. In addition the Board of Directors decides discretion over the use of the assets of the Fund and its income, provided that the annual preparation of the actuarial opinion determined that the objective of a permanently balanced is not endangered. The Board of Directors has to need income from the Fund's assets and the assets of the Fund itself until the end of the settlement.

section 26i other revenue
(1) the aid package for the members of Group A of the postal civil service health insurance and the grant of post follow-up undertaking within the meaning of section 69 of the Statute of the postal civil service health insurance (section 26 g para 1) where on the day of entry into force of article 1 of this law amended after the principles on the day before the entry into force of article 1 of this law identified.
(2) expenses for members who are attributable to the Museum Foundation of post and telecommunications and the Federal Republic of Germany with the exception of the Federal Agency are telecommunications, the Professional Association of transport economics post logistics, are carried by them, unless they are covered g contributions pursuant to section 26. The Professional Association of transport economics post logistics telecommunications, the Museum Foundation of post and telecommunications, and the Federal Republic of Germany can replace their obligations as a result, that they pay a basic insurance amount corresponding to the Member inventory to be attributed to them in the according to § 26 h para 1 sentence 1 to fine compensation fund. § applies 26 h para 1 sentence 2.

section 26i other revenue (1) the aid package for the members of Group A of the postal civil service health insurance and the grant of post follow-up undertaking within the meaning of section 69 of the Statute of the postal civil service health insurance (section 26 g para 1) where on the day of entry into force of article 1 of this law amended after the principles on the day before the entry into force of article 1 of this law identified.
(2) expenses for members who are attributable to the Unfallkasse post and Telecom, the Museum Foundation post and telecommunications, and the Federal Republic of Germany with the exception of the Federal Agency are carried by them, unless they are covered g contributions pursuant to section 26. The Unfallkasse post und Telekom, the Museum Foundation of post and telecommunications, and the Federal Republic of Germany can their obligations thereby relieve that they pay a basic insurance amount corresponding to the Member inventory to be attributed to them in the according to § 26 h para 1 sentence 1 to fine compensation fund. § applies 26 h para 1 sentence 2.

§ 26j exemption of the Federal Republic of Germany (1) as far as the Federal Republic of Germany by members or insured, for which the post successor companies to the service Mr. powers are empowered, because it exceeded the constitutionally permissible contribution limit be included in the basic insurance claim, stick you the post company. section 257 of the Civil Code shall apply. Sentence shall apply to claims by members and insured, where the Federal Agency exercises the service Mr powers, 1 compared to the Federal regulations. The postal company reimburse additional costs, the Federal Republic of Germany the you in the relevant financial year compared to the legal situation of this Act in the version of September 14, 1994 (BGBl. I p. 2325), last amended by article 217 of the regulation of 25 November 2003 (BGBl. I S. 2304), arise from the operation of the postal civil service health insurance.
(2) procedures, which have claims pursuant to paragraph 1 to the subject, the Federal Republic of Germany shows the public limited liability companies. The postal company will be in administrative procedures in accordance with section 26 g par. 5 sentence 4 and involved in civil proceedings according to § 66 of the code of civil procedure. The Federal Republic of Germany points out the dishes on the participation right of the post company.
(3) in so far as the claims caused by infringement of the postal civil service health insurance referred to in paragraph 1, the Federal Republic of Germany counteracts these violations also on note of the post company through exercise of its supervisory powers.
(4) the postal company have uncontroversial or legally ascertained claims immediately to compensate against the Federal Republic of Germany. As far as the Federal Republic of Germany, which takes over legal defence against claims or makes an appeal and is subject to, carrying the costs of the proceedings, so far as it imposed on the Federal Republic of Germany, post company unless they have of them displayed legal defense objected. The Federal Republic of Germany assigns any claims to the post company, you are arising in connection with the claims referred to in paragraph 1.
(5) the postal company pay the compensation after paragraphs 1 and 4 in accordance with the ratio of the number of its members in the postal civil service health insurance (employed civil servants and officials and care recipients and beneficiaries) and their insured with relatives to the total number of members and family members insured with.
(6) the Federal Republic of Germany and the post company close a contractual agreement for the implementation of the provisions under paragraphs 1 to 5.

§ 26 k that the Federal agency from the continuation of the postal civil service health insurance are costs, including the imputed costs, and of the incident in accordance with § 19 para 1 winning bid (overhead) distribution of administrative burdens (1) calculated as follows and worn: 1. administrative burden to carry out private long-term care insurance under the eleventh book of the social code bears the postal civil service health insurance. You kill him due to contractual agreement on the community of private care insurer.
2. joint-stock companies in accordance with the commercial agency contracts pursuant to section 19 para 1, the other administrative expenses the Unfallkasse post und Telekom, the Museum Foundation of post and telecommunications, and the Federal Republic of Germany carry overhead from an aid arrangement for members and their insured with families from the area of public companies and the Federal Agency of the former Fund Deutsche Bundespost in addition. The overhead of processing aid is to apply with a premium of 40 percent on the otherwise resulting in the basic insurance overhead.
3. joint-stock companies in accordance with the commercial agency contracts pursuant to section 19 para 1, the other administrative expenses the Unfallkasse post und Telekom, the Museum Foundation of post and telecommunications, and the Federal Republic of Germany carry the administrative burden from the basic insurance for members and their insured with families from the area of public companies and the Federal Agency of the former Fund Deutsche Bundespost in addition. From January 1, 2008, joint-stock companies bear the administrative burden, which is similar to that of comparable efficient insurance companies in the private sector for the members and their insured with families from the area of public companies and the Federal Agency of the former Fund Deutsche Bundespost. The Unfallkasse post und Telekom, the Museum Foundation of post and telecommunications, and the Federal Republic of Germany carry this corresponding administrative burden for their members and family members insured with. As far as the Administration goes further, he of the postal civil service health insurance is carried and killed on the posts. For more information on the benchmark regulates the Statute. A transitional arrangement can be made for the year 2008. section 26 g para 4 shall remain unaffected. For members who are attributable to any of the cost referred to in clause 2 bears the postal civil service health insurance pro-rata overhead and kill him in accordance with the Statute on those members. The commercial agency contracts are according to § 19 para 1 to adjust where the administrative burden is borne by the postal civil service health insurance.
4. the overhead produced by the supplementary and complementary insurance is up to 31 December 2005 is as follows: the administrative burden on members and their insured with families from the area of public companies and the Federal Agency of the former Fund Deutsche Bundespost joint-stock companies in accordance with the commercial agency contracts pursuant to section 19 para 1, the other administrative expenses the Unfallkasse post und Telekom, the Museum Foundation of post and telecommunications and the Federal Republic of Germany apply. From 1 January 2006, carries the overhead for the additional and complementary insurance the postal civil service health insurance and kill him on the posts.
5. the administrative burden of processing aid for non-members, as well as other activities carries the postal civil service health insurance.
(2) personnel requirements, reduced in the postal civil service health insurance after entry into force of article 1 of this Act so long gone is the financing scheme of paragraph 1 for the unrealized market demand until the continued employment of supernumerary staff. In that regard, article 25 concerning the financing does not apply.
(3) the Federal agency created a statement of the administrative expenses referred to in paragraph 1 and the financing contributions immediately after the end of the fiscal year compared with the postal civil service health insurance referred to in paragraph 2, even if they are not supported by the postal civil service health insurance.

§ can the postal civil service health insurance 26 l aid processing for other bodies in accordance with public procurement contracts for corporations, institutions and foundations under public law paid wholly or partly accept the following tasks: 1. aid editing, 2. the leadership of aid files and 3.
the assertion of claims for damages, so far as these benefits relate.
The acquisition requires the approval of the appropriate authority of the Supreme service and the Federal.
Subsection 3 housing welfare section 27 home care that sets federal principles of home care for the post company firmly.

Article 28 transitional arrangements in the social services (1) for that until the entry into force of this Act in the area of the former German Federal Post Office employed civil servants and officials, employees, workers, and workers and trainees is the acquired acquis of the postal company and the Federal Agency in accordance with the law on the reorganisation of the Bundesanstalt für post und Telekommunikation Deutsche Bundespost and amending other laws to preserve.
(2) the acquis continues to apply for employees of the Federal, the former Ministry of post and telecommunications and his subordinate area as well as the previous Unfallkasse post und Telekom and the Museum Foundation in accordance with the Act on the reorganization of the Federal post and telecommunications Deutsche Bundespost and amending other laws. This applies mutatis mutandis to the supply and pension beneficiaries in these areas.
(3) the operational social facilities of the former German Federal Post Office are to continue adjusting the constitutions on the legal consequences arising from the law on the reorganisation of the Bundesanstalt für post und Telekommunikation Deutsche Bundespost and amending other laws under the supervision of the previously captured persons entitled under the existing rules.

Article 28 transitional arrangements in the social services (1) for that until the entry into force of this Act in the area of the former German Federal Post Office employed civil servants and officials, employees, workers, and workers and trainees is the acquired acquis of the postal company and the Federal Agency in accordance with the law on the reorganisation of the Bundesanstalt für post und Telekommunikation Deutsche Bundespost and amending other laws to preserve.
(2) the acquis continues to apply for employees of the Federal, the former Ministry of post and telecommunications and his subordinate area as well as the Unfallkasse post und Telekom and the Museum Foundation in accordance with the Act on the reorganization of the Federal post and telecommunications Deutsche Bundespost and amending other laws. This applies mutatis mutandis to the supply and pension beneficiaries in these areas.
(3) the operational social facilities of the former German Federal Post Office are to continue adjusting the constitutions on the legal consequences arising from the law on the reorganisation of the Bundesanstalt für post und Telekommunikation Deutsche Bundespost and amending other laws under the supervision of the previously captured persons entitled under the existing rules.
Section 9 transitional provisions article 29 are asset transition of the Bundesanstalt closer in accordance with sections 13 and 14 of the post conversion act without compensation all assets of the Fund Deutsche Bundespost including limited rights in rem, who are the Deutsche Bundespost personally granted to transfer, they needed to carry out their tasks. While proceeding with the property rights at the same time upcoming Payables and receivables with them related.

Article 30 (dropped out) system (to § 8 sentence 1) Statute of the Bundesanstalt für post und Telekommunikation Deutsche Bundespost (text see: BAPostSa)