Law on the establishment of a Federal Office for Post and Telecommunications (Bundesanstalt für Post und Telekommunikation Deutsche Bundespost) (Bundesanstalt Post-Gesetz-BAPostG)

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BAPostG

Date of completion: 14.09.1994

Full quote:

" Bundesanstalt Post-Gesetz vom 14. September 1994 (BGBl. I p. 2325), which is defined by Articles 3 and 4 of the Law of 28 May 2015 (BGBl. I p. 813) "

Status:	Last amended by Art. 2 para. 26 G v. 1.4.2015 I 434
Note:	Amendment by Art. 3 and 4 G v. 28.5.2015 I 813 (No 21) in a textual proof, not yet concludedly processed in a documentary form
	Indirect amendment by Art. 6 para. 1 G v. 28.5.2015 I 813 (No. 21) is taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1995 + + +)
The G was decided as Article 1 G 900-10 v. 14.9.1994 I 2325 (PTNeuOG) by the Bundestag with the approval of the Bundesrat. It's gem. Article 15 (1) of this Act entered into force on 1 January 1995. Unofficial table of contents

Content Summary

Section 1
	Erection
§ 1		Establishment, legal form, seat
§ 2		Supervision
Section 2
	Tasks
§ 3			Tasks
Section 3
	Organization
§ 4			Line
§ 5			Management Board
§ 6			Objection to decisions of the Administrative Board
§ 7			Approvals
§ 8			Statutes
Section 4
	Post Officials Terminal
§ 9			Principles
§ 10			Economic management, accounting
§ 11			Succession of the Federal Pensions Service for Post and Telecommunications e. V.
§ 12			Management of the employees of the Federal Pensions Service for Post and Telecommunications e. V.
§ 13			Senior management of civil servants
Section 5
	Tasks related to service
§ 14			Examinations in case of disciplinary procedures, layoffs and revocation networks
§ 15			Exercise of the powers of service in the case of care recipients from the area of the former German Federal Post
§ 16			Aid processing
§ 17			Exercise of the powers of service in the resolution of post-successor companies
§ 18			(dropped)
Section 6
	Economic governance
§ 19			Financing
§ 20			Economic Plan
Section 21			Accounting
Section 22			Examination and discharge of the President or of the President
Section 7
	Staff
Section 23			Civil servants, employees and employees
§ 24			Management measures for staff
Section 25			Temporary low-income use
Section 8
	Social tasks
Section 26			Occupational social services
	Subsection 1
		Administration of the Postal Officials ' Health Insurance Fund
Section 26a			Organs
§ 26b			Board, Board of Directors
Section 26c			Statutes
Section 26d			Tasks
	Subsection 2
		Management of the Postbeamtenkrankenkasse
Section 26e			Economic Plan
Section 26f			Principles of contribution design
Section 26g			Contributions in basic insurance
§ 26h			Equalisation Fund
Section 26i			Other revenue
Section 26j			Free status of the Federal Republic of Germany
§ 26k			Distribution of administrative burdens, regulation empowerment
Section 26l			Aid processing for other bodies
	Subsection 3
		Housing
§ 27			Housing
Section 9
	Transitional arrangements
§ 28			Transitional arrangements in the social sector
§ 29			Asset Transition
Annex (to § 8 sentence 1)

Section 1
Erection

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§ 1 Establishment, legal form, seat

(1) In order to exercise the rights and obligations arising from this law in respect of the private companies (post-successor companies) resulting from the partial special assets of the Deutsche Bundespost, the Federal Republic of Germany establishes The Bundesanstalt für Post und Telekommunikation Deutsche Bundespost (Bundesanstalt für Post und Telekommunikation) Deutsche Bundespost (Bundesanstalt). (2) The Federal Institute is a legal institution under public law. It has its headquarters in Bonn. Unofficial table of contents

§ 2 Supervision

The Federal Institute is subject to the legal and professional supervision of the Federal Ministry of Finance. It is empowered to request all information and to make arrangements to ensure that the Federal Institute carries out its duties in accordance with the laws, the statutes, other provisions and the interests of the Federation.

Section 2
Tasks

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§ 3 Subject matter

(1) The Federal Institute has the tasks under sections 4, 5, 7 and 8. (2) Post-successor companies within the meaning of this Act are the post-successor companies within the meaning of Section 38 (1) of the Postal Personality Act. (3) The Federal Ministry of the In agreement with the post-successor companies, the Federal Institute may further carry out further tasks of the reorganization of the postal system in relation to the employees of the former special assets Deutsche Bundespost. (4) About the provisions of this Act The Bundesanstalt shall not be entitled to any rights or influence in any way beyond shall apply to the post-successor companies.

Section 3
Organization

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§ 4 Line

(1) The Federal Institute shall be led by a President or a President who is in an employment relationship with the Federal Republic of Germany. The President or the President shall conduct the business on his own responsibility in accordance with the provisions of this Act and the instructions of the Federal Ministry of Finance. She or he represents the Federal Institute in court and out of court. (2) The President or the President shall be appointed by the Federal Ministry of Finance, in consultation with the Administrative Board, on the basis of a Employment contract is ordered and dismissed. The duration of the employment relationship shall be up to five years. The extension of the employment relationship is admissible. (3) The President or the President may not exercise, in addition to his or her duties as President or President, any other spilled office, business or profession, and neither the President nor the President of the President of the President of the European Parliament. The management of an acquisition-oriented company is part of a government or a legislative body of the federal government or of a country. It or it may not issue out-of-court opinions for consideration. The approval of the Federal Ministry of Finance is required for the membership of a Supervisory Board, Board of Directors or Advisory Board of a company that is directed at the acquisition. The President or the President shall inform the Federal Ministry of Finance of any gifts she or she receives in relation to her or his activity as President or President. The same applies to other benefits granted to it or to him in respect of his or her activities as President or President. The President or the President shall, even after termination of his or her employment relationship, maintain secrecy over the matters which have been officially known to him or her. This shall not apply in so far as they are obvious or do not require secrecy in their importance. (4) In addition, the official legal relations of the President or of the President shall be governed by the employment contract referred to in the first sentence of paragraph 2, that the Federal Ministry of Finance concludes with it or it. The obligations arising from the employment contract for the Federal Republic of Germany shall be fulfilled by the Federal Institute, unless otherwise provided for in the employment contract. (5) Will a Federal official become the President or a Federal official appointed to the President, she or he will be on leave for the duration of the employment relationship. The time of the leave of absence is ruthlehold. The Supreme Service Authority of the President or President is the Federal Ministry of Finance. (6) Paragraph 5 applies to judges, prosecutors and professional soldiers accordingly. Unofficial table of contents

§ 5 Board of Directors

(1) A board of directors shall be formed at the Federal Institute. It consists of one or one chairman, who is appointed by the Federal Ministry of Finance, and other members. These are:

1.

a representative or representative of each post-successor undertaking,

2.

a representative or a representative of the staff of each post-successor undertaking on a proposal from the workers ' side, and

3.

Persons appointed by the Federal Ministry of Finance, who together have as many votes as the representatives referred to in points 1 and 2 together.

The Chairman and the other members of the Board of Directors are appointed and appointed by the Federal Ministry of Finance. (2) The details of the appointment and dismise of the members of the Board of Directors, the distribution of the The members of the Board of Directors and the duration of the term of office shall be governed by the statutes. (3) The Administrative Board shall adopt its rules of procedure, which shall be subject to approval by the Federal Ministry of Finance. (4) The Board of Directors decides on the submission of the President or the President

1.

the identification and substantial changes to the economic plan,

2.

the determination of the annual accounts,

3.

the discharge of the President or the President,

4.

Amendments to the Statutes.

The discharge in accordance with the first sentence of paragraph 3 shall not be exempted from the contractual liability. (5) The Administrative Board shall decide within two months on a presentation by the President of the President or the President pursuant to paragraph 4. If no decision is taken within this period, the submission shall be deemed to have been approved. Unofficial table of contents

Section 6 objection to decisions of the Administrative Board

(1) The President or the President may object to a decision of the Administrative Council, pursuant to Article 5 (4), within one week of receipt of the communication, if it considers that the decision is important to the interests of the Federal institution does not live up to it. The President shall, at the same time, inform the Federal Ministry of Finance of the objection. (2) Within one month of receipt of the objection, the Administrative Board shall re-open after consulting the President or the President to the Commission. The decision shall be justified. (3) The Board of Directors, acting by a majority of its members, decides to reject the opposition of the President or the President, the Federal Ministry of Finance shall decide upon the submission of the President or of the President of the President of the Administrative Board. Presidents. Otherwise, the presentation of the President or President shall be deemed to have been decided. Unofficial table of contents

§ 7 Authorisations

(1) The President or the President shall submit the decisions of the Administrative Board pursuant to Section 5 (4) of the Federal Ministry of Finance for approval. (2) The President or the President shall report to the Federal Ministry of Finance and to the Board of Directors regularly on the management of the Federal Institute. Unofficial table of contents

§ 8 Statute

The statutes of the Federal Institute shall be established in the annex to this Act. It may be amended in accordance with § 5 (4) sentence 1 no. 4 in conjunction with Section 7 (1). The Articles of Association shall be adapted to amendments to this Act.

Section 4
Post Officials Terminal

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§ 9 Principles

The Federal Institute shall carry out the tasks assigned to the Postbeamtenpension Fund in Sections 14 to 16 of the Postal Personality Act. With the approval of the Federal Ministry of Finance, the Federal Institute may, under the name "Postbeamtensufficikasse", carry out further tasks, the fulfilment of which is in the interest of the beneficiaries. Unofficial table of contents

Section 10 Economic governance, accounting

(1) For each financial year, the Federal Agency shall draw up an economic plan for the Postal Officials of the Federal Republic of Germany. The economic plan shall be subject to the authorisation in accordance with Article 7 (1). The financial year is the calendar year. (2) The Federal Institute for Postal Officials provides a financial statement for the past financial year within the first four months of the following year in accordance with the principles of the Federal Budget Code. as well as an asset bill. In addition, it shall issue an annual financial statement and a management report in accordance with commercial principles at the same time. Section 21 (1) and section 22 shall apply mutatily. The publicity law is not applicable. Unofficial table of contents

§ 11 Legal succession of the Federal Pensions Service for Post and Telecommunications e. V.

(1) The Federal Institute shall enter into the rights and obligations of the Federal Pensions Service for Post and Telecommunications e. V. (2) The Federal Institute shall take over the Federal Pensions Service for Post and Telecommunications with the end of December 31, 2012, without any compensation for the value of the fair. V. assets held as a post-office pension fund (assets and liabilities, including any limited rights in rem). Ordered lien and other security rights remain. (3) The Bundesanstalt is acting on a participation correction in ongoing court proceedings. Unofficial table of contents

§ 12 Management of employees of the Federal Pensions Service for postal services and telecommunications e. V.

(1) The Federal Institute shall enter into the rights and obligations of the Federal Pensions Service for Post and Telecommunications e. V. existing employment relationships. The employees concerned may object to the transfer of their employment relationship in writing within one month after the transfer. The contradiction can be compared with the Federal Pensions Service for Post and Telecommunications e. V. or the Federal Institute. Section 613a of the Civil Code does not apply. (2) For the approximation of working conditions to the collective bargaining structure of the Bundesanstalt, the employment contracts referred to in paragraph 1 may be concluded once within six months after the transition from the The Federal Agency shall be terminated with a period of six months at the end of a calendar month as part of the notice of change. At the same time, the employees concerned are to be offered a contract of employment for the conditions customary at the Bundesanstalt, in compliance with the applicable collective agreements. The right to dismissal of employment relationships for other reasons remains unaffected. (3) Close the transferred employees with the Federal Institute a new employment contract, are employment times at the Federal Pensions Service for Post and Telecommunications e. V. or any of his/her right-of-law employment times at the Federal Institute. If, as a result of the conclusion of a new employment contract, the annual allowances are reduced, the workers concerned receive an extra-tariff compensatory allowance. It shall be granted in the amount of the difference between the annual remuneration at the Federal Institute and the remuneration paid to the employee in the event of a 100% target achievement in the last calendar year prior to the Overboard at the Federal Pensions Service for Post and Telecommunications e. V. would have been granted for fixed and variable remuneration; for the calculation of the difference, the remuneration is based on full-time employment. The compensatory allowance shall be paid in monthly amounts of one twelfth of the compensatory allowance, together with the monthly salary, for the first time in the month following the conclusion of the new employment contract. The compensatory allowance shall be reduced by 20 per cent of its original amount each year after the end of each year. Benefits in kind, subsidies, insurance benefits, benefits of occupational retirement provision and comparable monetary values employer benefits of the Federal Pensions Service for postal services and telecommunications e. V. shall not be taken into account for the calculation of the compensatory allowance. In the case of part-time employment, the compensatory allowance is reduced in the same proportion as the working time. (4) The Bundesanstalt ensures that at the time of the transfer to the Federal Pensions Service for Post and Telecommunications e. V. existing partnerships arising from occupational retirement provision, even as far as they are not yet uncovered. Additional entitlements shall no longer be acquired. From the date of the conclusion of a new employment contract with the Federal Institute, the transferred employees shall take part in the occupational retirement provision existing at the Federal Institute. Unofficial table of contents

Section 13 Management of civil servants

The leave of absence of civil servants in the framework of a private-law employment relationship for the Federal Pensions Service for Post and Telecommunications e. V., is repealed. As far as they are officials of the federal government, they are transferred to the Federal Institute. A working relationship of the civil servants to the Federal Institute shall be issued in accordance with Section 12 (1).

Section 5
Tasks related to service

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§ 15 Disciplinary Proceedings

Before the board of the public limited-liability company, or its successor, or a post-holder with the powers of one or more service supervisors, impose disciplinary measures by disciplinary action, or an official or an official in a recruitment decree is charged with a misconduct, the Bundesanstalt shall examine the intended disposition after the file has been submitted for legality and proper exercise of the discretion. The same applies before the disciplinary situation is raised. Unofficial table of contents

§ 16 Redundancies, Zurrhesetzungen

Before the management board of the public limited company, or a post-holder with the powers of one or a service supervisors, a civil servant or an official pursuant to § 32 (1) no. 2, § 34 (1) up to 3, § 36 or § 37 of the Federal Civil Service Act, to retire pursuant to § 44 or § 49 of the Federal Civil Service Act or the working time of an official or an official for limited service pursuant to Section 45 of the Federal Civil Service Act (Bundesbeamtengesetz) , the Bundesanstalt shall examine the intended decision after the submission of the Acts on legality. Unofficial table of contents

§ 17

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§ 18 (omitted)

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Section 6
Economic governance

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Section 19 Financing

(1) The tasks in accordance with § 3 shall be carried out by the Federal Office in accordance with the provisions of public service contracts concluded by the public authorities, which it shall conclude with the post-successor companies. The costs associated with the performance of the tasks, including the calculatory costs, are financed from the contractually agreed fees, including a profit surcharge. The guiding principles for pricing on the basis of self-costs (Annex to Regulation PR No 30/53 of 21 November 1953, as last amended by Article 289 of the Regulation of 25 November 2003, BGBl. I p. 2304), should be taken into account. They may be wholly or partly abbedished. The profit surcharge must ensure adequate compensation for the remaining risks. Instead of the profit surcharge, a full-cost support can be agreed. No profit surcharge will be levied for personnel overhang for the period from 1 December 2005. (2) § 26 (4) and § 26k remain unaffected. Unofficial table of contents

Section 20 Economic plan

(1) The President or the President shall draw up an economic plan for each year which shall:

1.

a preview-profit and loss account,

2.

a preview capital bill, and

3.

an establishment plan

. The financial year is the calendar year. (2) Part of the economic plan is also a breakdown of the allocation of plan expenses and plan investments in the following areas:

1.

Utility institution of the Deutsche Bundespost pursuant to Article 26 (1) and (4),

2.

Recreation unit Post Postbank Telekom e. V. pursuant to Article 26 (1) and (4),

3.

Post Postbank Telekom Care unit pursuant to § 26 (1) and (4),

4.

Postbeamtenkrankenkasse (Postbeamtenkrankenkasse) pursuant to § 26 (2) and § § 26a to 26k and

5.

Other tasks of the Federal Institute.

The detailed rules govern the statutes. (3) The economic plan requires the authorisation in accordance with § 7 (1). (4) Until the end of a financial year the approval of the economic plan for the following year is not available, until the date of entry into force of the Economic plan authorizing the President or the President to pay all expenses in order to maintain the current operation of the Federal Institute, to fulfil legally justified obligations of the Federal Institute and to make investments commenced by the Federal Agency to continue. Unofficial table of contents

Section 21 Annual accounts, management report and annual report

(1) The President or the President shall, for each financial year, draw up an annual accounts and a management report in accordance with the principles of trade law. The annual accounts shall consist of the balance sheet, the profit and loss account and the notes to the accounts. The annual financial statements require the approval pursuant to § 7 (1). (2) The annual annual report shall contain the annual accounts and the annual report of the Federal Institute. The Annual Report shall be submitted to the Board of Directors and the Federal Ministry of Finance. Unofficial table of contents

Section 22 Examination and discharge of the President or of the President

(1) The annual financial statements and annual reports of the Federal Institute shall be examined by one or one auditor to be determined by the Federal Ministry of Finance. (2) The Federal Court of Auditors shall examine the budget and the financial statements. Economic management of the Federal Institute according to § 111 of the Federal Budget Code. The President shall submit the annual accounts and the annual report and the report of the auditor to the Federal Court of Auditors. The Federal Court of Auditors is able to forward audit findings to the Board of Directors and the Federal Ministry of Finance. (3) The Board of Directors, taking into account the audit report of the auditor or the auditor, decides on the audit report. Discharge of the President or of the President. The decision on discharge shall be subject to the authorisation in accordance with Section 7 (1). The discharge does not include a waiver of compensation claims.

Section 7
Staff

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Section 23 Officials, employees and employees

(1) Without prejudice to the right to employ workers, the Federal Institute shall be granted the right to have officials and civil servants. (2) The civil servants of the Federal Institute shall be Federal Officials. The top service authority and top service supervisor or superior service supervisor is the President or the President; § 2 para. 2 of the Postal Social Insurance Organization Act remains unaffected. The top federal authority responsible for supervision in the sense of Section 144 of the Federal Civil Service Act is the Federal Ministry of Finance. The Federal Ministry of Finance shall, after hearing or on a proposal from the President or the President, determine the powers of one or more of the vacancies under the President or the President The staff members are responsible for the civil servants employed by the occupational social institutions. The provision must be published in the Bundesgesetzblatt (Bundesgesetzblatt). (3) The Federal President or the Federal President shall appoint and dismiss the officials of the Bundesbesoldungsordnung B of the Bundesanstalt. The President or the President shall appoint and dismiss the civil servants of the Bundesbesoldungsordnung A. (4) The Federal Institute may exceed the limits allowed by § 26 (1) of the Bundesbesoldung Act (Bundesbesoldungsgesetz) for the transport offices as far as this is necessary because of the requirements relating to the functions. (5) State of a civil servant or an official prior to use at the Federal Institute for a job supplement corresponding to the preliminary remark number 7 to the Regulations A and B of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) are to be used for the duration of the shall continue to be used. Accounting rules shall apply. Unofficial table of contents

Section 24 Staff lefthand measures

(1) The collective agreements of the companies of the Deutsche Bundespost POSTDIENST, the Deutsche Bundespost POSTBANK, the Deutsche Bundespost TELEKOM and the Executive Board of the Deutsche Bundespost, valid up to the date of entry into force of this law. shall apply to the employees of the Federal Labour Office until new collective agreements are concluded. The employees transferred to the Bundesanstalt will, if necessary, agree on the rules of ownership. For the employees of the Federal Institute, the collective agreements are concluded by the President or the President of the Federal Institute. (2) An official or a civil servant of the Federal Institute may, on the basis of an individual decision, be entitled to a Post-successor companies are transferred and employed there if the official or the official and the post-successor company agree. Unofficial table of contents

Section 25 Temporary low-income use

A civil servant or an official whose remit is subject to restructuring measures or to a demise of duty may, while retaining her or his office, temporarily also include a shall be transferred in the same or equivalent career if an official use is not possible and if the official or the official is responsible for the performance of the new task, taking into account her or his or her own work to date has been due.

Section 8
Social tasks

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Section 26 Operating social institutions

(1) The German Federal Post Office and the Post Postbank Telekom (Deutsche Post Postbank) recreation facility. V. will be continued for the Federal Institute and the post-successor companies by the Federal Institute as uniform facilities. The Post Postbank Telekom care unit is maintained by the Bundesanstalt für die Bundesanstalt and the post-successor companies. (2) The Postbeamtenkrankenkasse (Postbeamtenkrankenkasse) as a company social institution is closed in its stock and is used with the objective of the settlement in the existing legal form of a legal entity under public law in accordance with this law and further elaboration by the statutes of the Postbeamtenkrankenkasse für die Bundesanstalt und die Bundesanstalt und die Bundesanstalt Post-successor companies passed through the Bundesanstalt. (3) The (4) The Federal Institute shall take over the responsibility for the organisational conditions of the post-successor companies and to follow their interest in the most economic performance possible. (4) The Federal Institute shall take over the Framework for the continuation and maintenance of the personnel and material expenses for the Post Postbank Telekom recreation facility. V., Post Postbank Telekom and the German Federal Post Office of the German Federal Post Office. The costs associated with this, including the cost of the calculator, shall be borne, in so far as they are not covered by other revenue

1.

the post-successor companies for the beneficiaries or beneficiaries in the area of the post-successor companies and the Bundesanstalt pursuant to Article 19 (1),

2.

in addition, the accident insurance company Post and Telekom, the Museum Foundation Post and Telecommunications and the Federal Republic of Germany for its beneficiaries or beneficiaries.

Special agreements can be concluded for the purpose of partial self-financing for the continuation of the recovery work and the maintenance of the care facility. (5) The Federal Institute is obliged to ensure the economic viability of the in-company social facilities. The Federal Institute is responsible for supervision of the Postbeamtenkrankenkasse (Postbeamtenkrankenkasse) and the German Federal Post Office (Deutsche Bundespost). Section 88 (1) and (2) and section 89 (1) and (3) of the Fourth Book of the Social Code shall apply accordingly. (6) The provisions on the rights of participation of the Federal Ministry of Finance contained in Part VI of the Federal Budget Regulations shall apply to the in-company social services. The rights of the competent ministry shall be exercised by the Federal Institute.

Subsection 1
Administration of the Postal Officials ' Health Insurance Fund

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Section 26a Institutions

(1) The institutions of the Postal Civil Sickness Fund are the Board of Directors and the Administrative Board. (2) The tasks and powers of the institutions are governed by this Act and by the Statutes of the Postal Officials Sickness Fund. Unofficial table of contents

§ 26b Management Board, Board of Directors

(1) The Executive Board shall consist of one or more persons. He represents the post office staff sickness fund to the outside world. If the Management Board consists of several persons, it is possible to determine in the Articles of Association that individual members of the Board of Management may also represent the Postal Officials Sickness Fund. (2) The Board of Directors is the self-governing body of the Postal Officials ' Health Insurance Fund. It consists of 16 members according to the statutes of the statutes, of which eight are corporate and administrative representatives, as well as representatives of companies and administration, and eight members ' representatives. The company and administrative representatives are composed of three employees each of Deutsche Post AG and Deutsche Telekom AG, one or one employee of Deutsche Postbank AG and one or more employees. an employee of the Federal Institute. (3) Each member of the Board of Directors has one vote. Members of the Board of Directors and their permanent alternates may authorize other persons appointed in accordance with paragraph 4. (4) The members of the Board of Directors of the Board of Directors and their respective permanent members of the Board of Directors The members of the Board of Directors are appointed and appointed by the Federal Institute. (5) The Board of Directors elects a chairperson or a chairperson and a deputy or deputy from among its members. (6) The Members of the Board of Directors and their alternates shall be granted for their Activities on the Board of Directors are subject to compensation. This is an integral part of the administrative burden within the meaning of § 26k. (7) The Board of Directors shall submit the Management Board and release it. (8) The Board of Directors shall decide on the presentation of the Management Board by

1.

the identification and substantial changes to the economic plan,

2.

the establishment of the annual accounts and the management report;

3.

the discharge of the Executive Board,

4.

temporary restrictions on benefits to Members,

5.

Guidelines for the investment of assets,

6.

Amendments to the Statute,

7.

the level of contributions and the structure of contributions, and

8.

the amount of the allowance referred to in paragraph 6.

The decisions pursuant to the first sentence shall be subject to the approval of the Federal Institute. The Board of Directors may request an opinion from the Federal Financial Supervisory Authority. Amendments to the statutes require a two-thirds majority of the members of the Management Board. Unofficial table of contents

§ 26c Statute

(1) The Statutes of the Postbeamtenkrankenkasse govern their organization and administration as well as their services and contributions. (2) Insofar as the performance of the duties of the basic insurance is not affected, the articles of association of the Postbeamtenkrankenkasse (Postbeamtenkrankenkasse) can be used to do so. empower to establish and operate legal persons under private law if it appears appropriate to serve the duties of the Postal Sickness Insurance Fund and the reduction of the financial burden. This should not be at the expense of the employment of the staff employed by the Postal Officials ' Health Insurance Fund. Unofficial table of contents

§ 26d Tasks

(1) The Postbeamtenkrankenkasse (Postbeamtenkrankenkasse) shall, in so far as the articles of association so provide, provide aid in accordance with the state aid rules of the Federal Republic of Germany, additional and supplementary health insurance benefits and insurance benefits in accordance with the provisions of Care Insurance Act. In this respect, it acts in public. Health insurance benefits are divided into the insurance branches of basic insurance, supplementary insurance and supplementary insurance. (2) The Postal Officials ' Health Insurance Fund may, insofar as it is legally assigned, the processing of the aid for Accept non-members.

Subsection 2
Management of the Postbeamtenkrankenkasse

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Section 26e Economic plan

(1) The Management Board of the Postbeamtenkrankenkasse (Postbeamtenkrankenkasse) presents for each financial year an economic plan, which is determined by the Board of Directors of the Postbeamtenkrankenkasse and requires the approval by the Federal Institute. (2) The economic plan is separate from the classes of insurance. (3) The Postal Officials ' Health Insurance Fund shall ensure a sustainable balance in the respective insurance branches. The required contributions shall be determined annually in accordance with § § 26f and 26g by the Articles of Association. Unofficial table of contents

Section 26f Principles of contribution design

The annual contribution calculation in each of the classes of insurance shall be based on an opinion which, in accordance with the statutes, shall be assessed objectively and without instructions by an actuary appointed by the Management Board, taking into account the the development of the insurer, the loss and the expected development of the fixed assets, and the expenditure and revenue expected in the financial year and in the long term, with the aim of dealing with the post-official health insurance fund. Unofficial table of contents

§ 26g Contributions in basic insurance

(1) The contribution structure and the contribution level are based on the contribution tables in Annex 1 to § § 25 to 28 of the Articles of Association of the Articles of Association of the Federal Minister for the Post and Telecommunications of 1 April 1987, p. 717 of the Federal Minister for the postal and telecommunications sector. Post-official health insurance fund, as last amended by the 53. Amendment of 27 April 2005 (GMBl 2005, p. 733), as amended on 31 December 2004. (2) The structure of contributions may be amended by the Articles of Association. It should be amended if this is necessary to ensure a sustainable budget balance, in particular because significant and not only temporary changes in the composition of the contribution groups or in their (3) Each year, on the basis of an actuarial expert opinion, the Board of Directors determines the membership fees for basic insurance in compliance with the constitutional limit. The calculation of contributions by the insurance mathematician pursuant to § 26f shall be carried out with the aim of ensuring the long-term continuity of the contribution adjustment. In the calculation, the funds from the compensation fund according to § 26h and the other revenue shall be included in accordance with § 26c paragraph 2, § 26d paragraph 2, § 26g para. 5, § § 26i and 26k in accordance with their purpose specification. The contributions shall not exceed the average contribution level of private supplementary health insurance schemes, taking into account comparable benefits. Here, the average contributions of the largest health insurers with a total market share of at least 70 percent should be used. The basis is a consideration of the totality of the insurer's stock over the entire insurance history. Special features of the different insurance systems must be taken into account. The contribution comparison is made by an insurance mathematician. (4) (5) Insofar as the calculation of contributions pursuant to paragraphs 1 to 3 does not guarantee the attainment of the objective pursuant to Article 26e (3) sentence 1, because the limit of the assessment of contributions is reached in accordance with paragraph 3, the post-successor companies are liable for the resulting long-term coverage gaps of the Postbeamtenkrankenkasse up to the end of the settlement for members who are to be attributed to them, the Federal Institute and the former special fund Deutsche Bundespost . The longterm coverage gap of the calculation resulting from the calculation shall be the proportion of contributions which cannot be obtained in the financial year in question because the limit of the scale of contributions referred to in paragraph 3 is reached. For long-term cover gaps according to the first sentence for members, which are to be attributed to the accident insurance company Post and Telekom as well as to the Museum Foundation Post and Telecommunications, these shall be liable for other members of the Federal Republic of Germany. The basis for the determination of the estimated coverage gap according to sentences 1 and 2 is the actuarial report according to § 26f. The post-successor companies shall be involved in administrative judicial procedures relating to the question of reaching the limit of the level of contributions. § 65 (2) and § 66 of the Administrative Court Rules and § 66 of the Code of Civil Procedure shall apply to the post-successor companies. The Postal Service Sickness Fund and the post-successor companies may transfer the decision on the liability in accordance with sentence 1 to an arbitral tribunal. The intervention of a liability of the post-successor companies can be determined in a settlement agreement, to which the Postbeamtenkrankenkasse and the post-successor companies have to agree. (6) The contribution during the parental leave is according to the In this case, the contributions to the statutory health insurance should be determined. Unofficial table of contents

§ 26h Compensation Fund

(1) The Postbeamtenkrankenkasse (Postbeamtenkrankenkasse) forms a compensation fund for permanent household insurance in the basic insurance scheme. The post-successor companies shall pay the sum of EUR 525 million in the ratio of their insured stock in the basic insurance with the status of 31 December 2004, which is to be paid on 1 January 2005 until the date of the credit on the account of the Postbeamtenkrankenkasse (Postbeamtenkrankenkasse) is to be galvanissed by the post-successor company at 5.75 percent annually. (2) The Board of Directors of the Postbeamtenkrankenkasse defines the principles for the investment of the Fund's assets in the Articles of Association. In this connection, account should be taken of the balance between the profitability and the safety of the plant, while respecting the appropriate mix and dispersion, taking into account the expected cash flows by actuarial expert opinions. (3) The proceeds of the Fund's assets and, where necessary, the Fund's assets themselves shall be based on the economic plan to cover the performance expenditure of the members and their co-insured persons in the field of Post-successor company, the Federal Institute and the former special assets German Federal post, which is not covered by the group of persons under section 26i (2), in so far as a balanced budget with adjustments to the contributions according to § 26g (contributions in the basic insurance) and with other revenues according to § 26c (2), § 26d Abs. 2, § § 26i and 26k cannot be guaranteed. In addition, the Management Board shall decide on the use of the Fund's assets and its income, as appropriate, provided that the annual report of the actuarial expert opinion states that the objective of the Fund shall be: Permanent balanced budgets are not jeopardised. The Board of Directors has income from the fund assets and the fund assets themselves up to the end of the settlement. Unofficial table of contents

Section 26i Other revenue

(1) The rate of aid for the members of Group A of the Postal Service Sickness Fund and the grant of the post-successor companies within the meaning of § 69 of the Statute of the Postal Service Sickness Insurance Fund (Article 26g (1)) in the on the date of entry into force of Article 1 this law shall be determined in accordance with the principles applicable on the day before the entry into force of Article 1 of this Law. (2) Expenditure for members of the Professional Association for Transport and Post-Logistics Telecommunications, the Museum Foundation Post and Telecommunications and the Federal Republic of Germany Germany, with the exception of the Bundesanstalt, are to be attributed to them, insofar as they are not covered by contributions according to § 26g. The Berufsgenossenschaft Verkehrswirtschaft Post-Logistik Telekommunikation, the Museum Foundation Post and Telecommunications and the Federal Republic of Germany can dissolve their obligations by giving them a right to be Amount of membership in the basic insurance corresponding amount in the compensation fund to be set up pursuant to § 26h (1) sentence 1. Section 26h (1) sentence 2 shall apply accordingly. Unofficial table of contents

Section 26i Other revenue

(1) The rate of aid for the members of Group A of the Postal Service Sickness Fund and the grant of the post-successor companies within the meaning of § 69 of the Statute of the Postal Service Sickness Insurance Fund (Article 26g (1)) in the on the date of entry into force of Article 1 this law shall be determined in accordance with the principles applicable on the day before the entry into force of Article 1 of this Act. (2) Expenditure for members, the Post and Telekom accident insurance fund, the Museum Foundation Post and Telecommunications and the Federal Republic of Germany with the exception of the Bundesanstalt , shall be borne by them, insofar as they are not covered by contributions in accordance with Section 26g. The Swiss Post Office and the Deutsche Telekom, the Museum Foundation Post and Telecommunications and the Federal Republic of Germany, can cancel their obligations by making a membership in the basic insurance system which is attributable to them. shall be paid in the compensation fund to be set up pursuant to section 26h (1) sentence 1. Section 26h (1) sentence 2 shall apply accordingly. Unofficial table of contents

Section 26j exemption of the Federal Republic of Germany

(1) To the extent that the Federal Republic of Germany, by members or insured persons, for which the post-successor companies are authorized to exercise the powers of the servants, on the grounds of exceeding the constitutional permissible contribution limit in the The post-successor companies will be liable for basic insurance. § 257 of the Civil Code shall apply. In the case of claims by members and insured persons in which the Federal Institute exercises the powers of the federal authority, the sentence 1 shall apply to the Federal Institute accordingly. The post-successor companies shall reimburse the Federal Republic of Germany additional costs in respect of the legal position of this law in the version of 14 September 1994 (BGBl. 2325), as last amended by Article 217 of the Regulation of 25 November 2003 (BGBl I). 2304), from the operation of the Postbeamtenkrankenkasse (Postbeamtenkrankenkasse). (2) The Federal Republic of Germany shall indicate to the public limited liability companies the claims referred to in paragraph 1 of this Article. The post-successor companies are involved in administrative court proceedings pursuant to § 26g (5) sentence 4 and in civil-judicial proceedings according to § 66 of the Code of Civil Procedure. The Federal Republic of Germany assigns the courts to the right of participation of the post-successor companies. (3) To the extent that claims under paragraph 1 may arise due to infringements of the law of the Postal Sickness insurance fund, the Federal Republic of Germany shall have a right to (4) The post-successor companies have undisputed or legally established law against the Federal Republic of Germany. To compensate for claims immediately. To the extent that the Federal Republic of Germany acquires legal defence against claims or appeals and is subject, the post-successor companies shall bear the costs of the proceedings, insofar as they are imposed on the Federal Republic of Germany, Because they have contradicted the legal defence they have shown. The Federal Republic of Germany shall accede to the post-successor companies which it has acquired in connection with the claims referred to in paragraph 1. (5) The post-successor undertakings shall compensate for the compensation referred to in paragraphs 1 and 4 in accordance with the provisions of the following paragraphs: Ratio of the number of its members to the Postal Officials ' Health Insurance Fund (employed civil servants and beneficiaries) and their co-insured persons to the total number of members and insured persons (6) The Federal Republic of Germany and the Federal Republic of Germany Post-successor companies conclude a contractual agreement for the implementation of the rules referred to in paragraphs 1 to 5. Unofficial table of contents

Section 26k Distribution of administrative burdens

(1) The costs incurred by the Federal Institute for the continuation of the Postal Sickness Fund, including the calculatory costs, and the profit surcharge (administrative expenses) arising in accordance with section 19 (1) shall be as follows: Calculated and borne:

1.

The administrative burden for the implementation of the private nursing care insurance in accordance with the Eleventh Book of Social Code is borne by the Postbeamtenkrankenkasse (Social Code of Postal Care). It shall, on the basis of a contractual agreement, apply it to the Community of private care insurers.

2.

The administrative burden of an aid processing is borne by the stock companies for the members and their co-insured members of the public limited liability companies, the Bundesanstalt and the former special assets Deutsche Bundespost. In accordance with the provisions of the agreements on the business transactions pursuant to § 19 (1), the other administrative expenses, the accident insurance company Post and Telekom, the Museumsstiftung Post und Telekommunikation and the Federal Republic of Germany. The additional cost of the aid processing is to be applied with a surcharge of 40 per cent on the administrative burden otherwise incurred in the basic insurance.

3.

The administrative expenses arising from the basic insurance cover the members and their co-insured members of the public limited liability companies, the Bundesanstalt and the former special assets of Deutsche Bundespost. In accordance with the provisions of the agreements on the business transactions pursuant to § 19 (1), the other administrative expenses, the accident insurance company Post and Telekom, the Museumsstiftung Post und Telekommunikation and the Federal Republic of Germany. With effect from 1 January 2008, public limited liability companies shall bear the administrative burden corresponding to that of comparable efficient insurance undertakings in the private sector for the members and their co-insured persons in the field of Stock companies, the Bundesanstalt and the former special assets Deutsche Bundespost. The accident insurance company Post and Telekom, the Museum Foundation Post and Telecommunications and the Federal Republic of Germany bear the administrative burden for their members and insured relatives. In so far as the administrative burden goes beyond this, it is borne by the Postal Officials ' Health Insurance Fund and is converted to the contributions. More details on the comparison scale govern the statutes. A transitional arrangement may be adopted for 2008. Section 26g (4) shall remain unaffected. For members who are not to be attributed to any of the cost carriers referred to in the second sentence, the Postal Service Sickness Fund shall bear the administrative burden of such expenditure and shall, in accordance with the statutes, submit it to these members. The business procurement agreements pursuant to section 19 (1) shall be adjusted accordingly if the administrative burden is borne by the Postal Officials Sickness fund.

4.

The administrative burden arising from supplementary and supplementary insurance will be carried out as follows until 31 December 2005: the administrative burden for the members and their co-insured members from the area of public limited liability companies, the Federal Institute and of the former special assets Deutsche Bundespost, the joint stock companies bear the accident insurance company Post and Telekom, the Museumsstiftung Post, and the other administrative expenses in accordance with Section 19 (1), the rest of the administrative expenses, in accordance with Section 19 (1) of the Telecommunications and the Federal Republic of Germany. As from 1 January 2006, the Postal Officials ' Health Insurance Fund shall bear the administrative burden for the supplementary and supplementary insurance and shall apply it to the contributions.

5.

The administrative burden of the aid processing for non-members as well as other activities is borne by the Postbeamtenkrankenkasse.

(2) In the case of the post-entry into force of Article 1 of this law, the post-official health insurance fund shall reduce the need for staff, the financing arrangements referred to in paragraph 1 shall continue to apply to unrealised unrealised requirements until further employment is required for: the supernumerary staff is found. In this respect, § 25 does not apply in respect of financing. (3) As soon as the financial year at the end of the financial year, the Federal Institute shall draw up a statement of the administrative burden referred to in paragraph 1 and the administrative expenses of the Postal Sickness Insurance Fund. Financial contributions referred to in paragraph 2, even where they are not borne by the Postal Officials ' Health Insurance Fund. Unofficial table of contents

Section 26l Aid processing for other bodies

The Postbeamtenkrankenkasse (Postbeamtenkrankenkasse) can take over the following tasks in whole or in part, in accordance with public service contracts for corporate bodies, institutions and foundations governed by public law.

1.

aid processing,

2.

the management of the aid files; and

3.

the assertion of claims for damages in so far as these aid benefits are concerned.

The acquisition will require the approval of the relevant top service authority and the Federal Institute.

Subsection 3
Housing

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§ 27 Housing

The Federal Institute lays down the principles of housing care for post-successor companies. Unofficial table of contents

Section 28 Transitional legislation in the social sector

(1) In the case of civil servants, employees, workers and apprentices employed in the former German Federal Post Office until the entry into force of this Act, the acquired acquis shall be the The Federal Office for Postal and Telecommunications (Bundesanstalt für Post und Telekommunikation Deutsche Bundespost) and the Federal Office for the Reorganisation of the Federal Office for Postal and Telecommunications (Bundesanstalt für Post und Telekommunikation Deutsche Bundespost). (2) For employees of the Federal Institute, the Federal Office for the former Federal Ministry of Post and Telecommunications and its subordinated division, as well as the former accident insurance company Post and Telekom and the museum foundation, the "acquis" applies in accordance with the law on the reorganization of the Federal Office for Post and Telecommunications Deutsche Bundespost (Bundespost) and the amendment of other laws. This applies accordingly also to the recipients of care and pensions in the above-mentioned areas. (3) The occupational social services of the former Deutsche Bundespost are up to the adjustment of the statutes to those of the law for reorganization. The Federal Office for Post and Telecommunications (Bundesanstalt für Post und Telekommunikation Deutsche Bundespost) and the amendment of other laws to continue to follow the regulations currently in force under the supervision of the so far covered group of persons. Unofficial table of contents

Section 28 Transitional legislation in the social sector

(1) In the case of civil servants, employees, workers and apprentices employed in the former German Federal Post Office until the entry into force of this Act, the acquired acquis shall be the The Federal Office for Postal and Telecommunications (Bundesanstalt für Post und Telekommunikation Deutsche Bundespost) and the Federal Office for the Reorganisation of the Federal Office for Postal and Telecommunications (Bundesanstalt für Post und Telekommunikation Deutsche Bundespost). (2) For employees of the Federal Institute, the Federal Office for the former Federal Ministry of Post and Telecommunications and its subordinated division, as well as the Accident Fund Post and Telekom and the Museumsstiftung continue to apply the acquis in accordance with the law on the reorganization of the Federal Office for Post and Telecommunications Deutsche Bundespost and the amendment of other laws. This applies accordingly also to the recipients of care and pensions in the above-mentioned areas. (3) The occupational social services of the former Deutsche Bundespost are up to the adjustment of the statutes to those of the law for reorganization. The Federal Office for Post and Telecommunications (Bundesanstalt für Post und Telekommunikation Deutsche Bundespost) and the amendment of other laws to continue to follow the regulations currently in force under the supervision of the so far covered group of persons.

Section 9
Transitional arrangements

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§ 29 Transfer of assets

According to § § 13 and 14 of the Postal Conversion Act, the Bundesanstalt is without compensation all assets of the special assets Deutsche Bundespost, including limited rights, which are the Deutsche Bundespost (German Federal Mail) be granted in person, which they need to carry out their duties. At the same time, the assets relating to the liabilities and claims relating to them shall be subject to the rights of the assets. Unofficial table of contents

§ 30 (omitted)

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Annex (to § 8 sentence 1)

Statutes of the Bundesanstalt für Post und Telekommunikation Deutsche Bundespost (text see: BAPostSa)