Law On The Establishment Of The Federal Insurance Institution For Employees

Original Language Title: Gesetz über die Errichtung der Bundesversicherungsanstalt für Angestellte

Read the untranslated law here: http://www.gesetze-im-internet.de/bfag/BJNR008570953.html

Law establishing the federal insurance institution for employees BfAG Ausfertigung date: 07.08.1953 full quotation: "law on the establishment of the federal insurance institution for salaried employees in the in the Federal Law Gazette Part III, outline number 827-7, adjusted version published, most recently by article 15 paragraph 92 of the law of February 5, 2009 (BGBl. I p. 160) has been changed" stand: last amended by article 15 para 92 G v. DSDS I 160 for more information on the stand number you see in the menu see remarks footnote heading : The sections 1 to 14, 17 and 29 of the Act apply in the Saarland in accordance of § 29 OrganisationsG Saar 827 11 (+++ text detection application from: 1.7.1977 +++) first section I general article 1 (1) as holder of statutory pension insurance that is provided to the federal insurance institution for employees (Bundesversicherungsanstalt); It has its headquarters in Berlin.
(2) (3) the Federal Insurance Agency insurance leads to the Angestelltenversicherungsgesetz amended on May 28, 1924 (Reichsgesetzbl. I S. 563) and the provisions adopted for its addition, change and implementation through.

paragraphs 2 to 6 (dropped out) IV statute § 7 (1) the Assembly of representatives decides the Statute; It needs the approval of the Federal Minister of labour.
(2) if the approval failed, so the representative Assembly has in the time limit set by the Federal Minister of labour to adopt a new Constitution. No decision shall be concluded or is also the new statute is not approved, so the Federal Minister of labour can perform adopted and at the expense of the Federal Insurance Agency statutes.

§ 8 that statute must provisions included 1 membership, rights and obligations of the representative Assembly, kind of decision-making of the representative Assembly as well as their external representation, 2. Member number, type of decision making of the Executive Board and its representation form the intent of the Executive Board, as well as his signature for the Federal Insurance Agency, 3 outward.
4. 5 committees of the institutions, 6 insured elders, persons of trust, their choice and their powers, 7.
8-9 type of announcements, 10.
V. civil servants, employees, workers § 9 (1) the business of the Federal Insurance Agency are perceived by officials as well as workers who are hired on the basis of private service contract.
(2) places should be provided for civil servants only to the extent as they are required for an activity to the fulfilment of public tasks. sections 15 and 16 shall remain unaffected.

Article 10 (1) the officials of the Federal Insurance Agency are federal agents.
(2) Supreme Administrative Authority is the Ministry of labour and Social Affairs, for the members of the Management Board of the federal insurance institution for the other officials of the Board of the federal insurance institution. The Board of Directors may delegate its powers on conducting business. Article 144, paragraph 1 of the federal civil servants Act and article 83, paragraph 1 of the Federal Disciplinary Act remain unaffected.

The President appoints the members of the Management Board on a proposal from the Federal Government, citing the civil servant subject to lifetime, selected according to the regulations of the local Government Act § 11 (1).
(2) the Federal Minister for labour and Social Affairs appoints the other officials on the proposal of the Management Board; He can transfer his power to the Board. As far as appointment power is conferred on the Board of Directors, the statute determines by whom the document of appointment is to understand.

sections 12 to 14 (fallen away) second section transitional provisions I. section 16 (1) of the total number of civil servants employed on December 31, 1952 when the State Insurance Institute officials, employees, workers § 15 (dropped out) is to assume the number corresponding to the ratio of the number of paid for January 1953 in the District of the Landesversicherungsanstalt pensions from pension insurance of the workers to the number of pensions paid from the pension insurance of employees of the federal insurance institution. Incidentally, the provisions of chapter V of the law amending regulations in the area of general civil service, the salary and of supply law of June 30, 1933 in the Federal version of 24 January 1951 (Bundesgesetzbl. apply as far as in section 31 nothing is intended for civil servants I P. 87, 97).
(2) ...
((3) except in the cases of § 23 para 3 of the law amending regulations in the area of general civil service, the salary and supply law the Board of Directors of the federal insurance institution within one year after entry into force of this law may enable officials in the waiting, the 1 for the service in the federal insurance institution not eligible, 2. after 31 December 1951 a) at a Landesversicherungsanstalt disregarding the bibliographical rules appointed or promoted as such or b) from other administrations a State Insurance Institute are transferred.
(4) for the officials, which put the Federal Insurance Agency pursuant to paragraph 3 in the waiting, the issuing country insurance company reimbursed half of the supply effort, in particular charge, pension and survivor's references.
(5)... section 17 the Federal Insurance Agency is "appropriate body" within the meaning of article 61 of the law establishing the legal conditions of covered by article 131 of the Constitution persons from 11 May 1951 (Bundesgesetzbl. I p. 307) to the insurance institution for employees (paragraph 11 of the annex to section 2, paragraph 1, of the aforementioned Act). The Supreme authority of the service shall be determined according to § 10 para 2.

Article 18 (1) for the employees employed at the Landesversicherungsanstalt applies according to § 16 para 1 sentence 1 and paragraph 2. The employees to apply occur after the previously governing them compensation group in the service of the federal insurance institution at the time specified pursuant to section 26.
(2) the remuneration of an employee are according to the State the day before the takeover higher than remuneration standing at the date of acquisition, so the difference as personal compensatory payment is granted so long, until it is balanced by increase of salaries. This not I expected changes of the flat cash grant and the local special surcharge that occur through transfer to another location, or by instruction of the service place into another place class.
(3) remuneration within the meaning of paragraph 2 are all running money withdrawals from the service contract with the exception of Kinderzuschlägen, overtime allowances, allowances, travel expenses and separate funds.
(4) the workers employed at the State Insurance Institute, who worked on December 31, 1952, exclusively for purposes of the employee insurance, occur after the previously governing them wage group in the service of the federal insurance institution at the time specified pursuant to section 26. Paragraphs 2 and 3 shall apply mutatis mutandis.
II. assets article 19 (1) the insurance institution for employees with the entry into force of this Act resolves. Their assets (property and all other property rights) as well as the funds of those assets after the May 8, 1945 for the Reich Insurance Institute for employees acquired property rights have on the Federal Insurance Agency.
(2) in addition, the property and all other property rights, which purchased the carrier of the pension insurance of the workers after May 8, 1945, financed by the employee insurance, pass on the Federal Insurance Agency.
(3) paragraphs 1 and 2 also apply to rights that are by law for explained only on the basis of special agreements for transferable or non-transferable.
(4) the liabilities to related paragraphs 1 and 2 in legal or economic context to the assets, are subject to the provisions of the entry into force of this law on the Federal Insurance Agency in intergovernmental agreements.
(5) insofar as is claims from foreign pensions and foreign Pensions Act of August 7, 1953 (Bundesgesetzbl. I S. 848) result against the pension insurance of employees and to the extent that claims for reimbursement of the carrier of the pension insurance of employees, skip these liabilities and rights on the Federal Insurance Agency.

Section 20 (1) the effectiveness of legal provisions which have been taken over the property rights of the kind referred to in § 19 para 1 and 2 prior to the date of entry into force of this Act, shall remain unaffected.
(2) real rights in land and other things and rights covered by article 19, paragraph 1 and 2, remain in place.

Section 21 (1) in current rental or lease agreements, which are completed by the Reich Insurance Institute for employees or after 8 May 1945 by the trust management of the insurance institution for employees in Berlin, or by the institutions of the pension insurance of the workers for purposes of employee insurance, enters the Federal Insurance Agency. ...
(2) § 22 request is to provide information about financial circumstances of the kind referred to in articles 19 and 20 of the Federal Insurance Agency, as well as to provide access to records and documents.

Article 23 
An arbitral tribunal decides disputes arising from the arrangements of the financial conditions to § 19 between legal entities of public law. The arbitral tribunal shall consist of a Chairman and two assessors, one of whom each Party shall appoint one. The Federal Ministry of Justice determines the Chairman. The rules of civil procedure mutatis mutandis for the procedure.

Section 24 (1) belongs to the ownership of a plot of land according to § 19 to the assets of the Federal Insurance Agency, the request for rectification of the register by the management of the Federal Insurance Agency is to provide. The application must be signed by two members of the Management Board and the official seal. To be recorded in the application explaining that the land belongs to the assets of the Federal Insurance Agency is sufficient proof of ownership over the land. The property must be entered for the "federal insurance institution for employees, entity of public law".
(2) this applies to other registered in the land register rights according to.

§ 25 court fees and other charges incurred on the occasion and in implementation of the provisions of articles 19 to 24, will not be charged. Bare expenses remain out approach.
III. trusts §§ 26 and 27 - third section concluding provisions § 28 - section 29 (1) targeted implementation of employee insurance for seafarers and maritime pilots only after the agreement reached between the insurance institution for employees and the maritime Fund by December 16 1943rd changes and additions, which reconcile the Federal Insurance Agency and the maritime Fund, require the approval of the Federal Ministry of labour and Social Affairs.
(2) if in the regulation on the implementation of the German social security for foreign stays of 29 March 1951 (Federal Law Gazette I p. 230) the Landesversicherungsanstalt Rheinprovinz for matters of employee insurance charge is, the federal insurance institution without prejudice to the provisions of paragraph 1 in its place.
Footnote § 29 par. 2 italic: V go up. by paragraph 3 sentence 2 V v 4.12.1972 I 2232 mWv 8.12.1972 § 30 - sec. 31 (dropped out) section 32 as far as referenced in other laws on regulations or terms that this Act be repealed or amended, the relevant regulations or the terms of this Act occur in their place.

This law shall apply in accordance with § 13 para 1 of the Act on the position of the State of Berlin in the financial system of the Federation (third reconciliation law) of January 4, 1952 (Bundesgesetzbl § 33 (1). I p. 1) also in the Federal State of Berlin.
(2) § 34 this law into force on August 1, 1953; ....