Law on the establishment of the Federal Insurance Office for Employees

Unofficial table of contents

BfAG

Date of completion: 07.08.1953

Full quote:

" The Law on the Establishment of the Federal Insurance Office for Employees in the revised version published in the Federal Law Gazette III, No. 827-7, as last amended by Article 15 (92) of the Law of 5 February 2009 (BGBl. 160) has been amended "

Status:

Last amended by Art. 15 para. 92 G v. 5.2.2009 I 160

For more details, please refer to the menu under Notes

Footnote

Title: § § 1 to 14, 17 u. 29 of the law shall apply in the Saarland in accordance with § 29 Organisational G Saar 827-11

(+ + + Text proof applicable: 1.7.1977 + + +)

First section

I.
General

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§ 1

(1) The Federal Insurance Office for Employees (Bundesversicherungsanstalt) is set up as the institution of the statutory pension insurance of the employees; it has its registered office in Berlin. (2) (3) The Federal Insurance Office (Bundesversicherungsanstalt) shall carry out the insurance in accordance with the law on the insurance of employees in the version dated 28 May 1924 (Reichsgesetzbl. 563), and the provisions adopted to supplement, amend and implement them. Unofficial table of contents

§ § 2 to 6 (omitted)

IV.
Statutes

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§ 7

(1) The representative assembly decides the statutes; it requires the approval of the Federal Minister of Labour. (2) If the approval is failed, the representative assembly in the time limit set by the Federal Minister for Labour shall have a new statute. decision. If no decision is reached or if the new statutes are not approved, the Federal Minister of Labour can enact the statutes and carry out the statutes at the expense of the Federal Insurance Office. Unofficial table of contents

§ 8

The Articles of Association shall contain provisions on:

1.

Number of members, rights and duties of the representative assembly, the nature of the decision-making of the representative assembly and its representation to the outside world,

2.

Number of members, type of decision-making by the Board of Management and its representation to the outside, form of declaration of intent by the Executive Board and his signature for the Federal Insurance Office,

3.
4.

5.

Formation of committees of the institutions,

6.

The oldest, the trusts, their choice and their powers,

7.
8.

9.

the nature of the notices;

10.

V.
Officials, Employees, Workers

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§ 9

(1) The operations of the Federal Insurance Office shall be carried out by officials and by workers employed under private-law service contracts. (2) Officials shall be provided only to the extent that they are to be provided for an activity is required for the performance of the tasks of the court of law. § § 15 and 16 shall remain unaffected. Unofficial table of contents

§ 10

(1) Officials of the Federal Insurance Office are Federal Officials. (2) Supreme Service is the Federal Ministry of Labour and Social Affairs for the members of the Executive Board of the Federal Insurance Office, and the other officials of the Board of Directors of the Federal Insurance Office. Federal Insurance Office. The Board of Management may delegate its powers to the Management Board. § 144 (1) of the Federal Officials Act and Section 83 (1) of the Federal disciplinary law remain unaffected. Unofficial table of contents

§ 11

(1) The Federal President shall appoint the members of the Management Board elected in accordance with the provisions of the Self-Government Act on a proposal from the Federal Government on the basis of the civil servant's relationship to life. (2) The Federal Minister for Labour and social affairs shall appoint the other officials on a proposal from the Executive Board; he may delegate his power to the Executive Board. In so far as the power of appointment is transferred to the Management Board, the Articles of Association shall determine by whom the certificate of appointment shall be carried out. Unofficial table of contents

§ § 12 to 14 (omitted)

Second section
Transitional provisions

I.
Officials, Employees, Workers

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§ 15

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§ 16

(1) Of the total number of officials employed by the national insurance institutions on 31 December 1952, the Bundesversicherungsanstalt shall be responsible for the number of persons employed in the ratio of the figure for January 1953 in the district of the National insurance institution pensions paid out of the pension insurance of the workers on the number of pensions paid out of the pension insurance of the employees. Moreover, unless otherwise specified in Article 31, the provisions of Chapter V of the Act amending Regulations in the field of general civil servant, pay and supply law shall be governed by Chapter V of 30 June. 1933 in the Federal Act of 24 January 1951 (Bundesgesetzbl. 87, 97). (2) ... (3) Except in the cases of Article 23 (3) of the Act amending regulations in the field of general civil servant, the pay and the right of supply, the Executive Board of the Federal Insurance Office may within a period of time be Year after the entry into force of this law, officials shall be placed in the waiting state,

1.

are not suitable for the service in the Federal Insurance Office,

2.

after 31 December 1951

a)

be appointed or promoted as such at a national insurance institution in the absence of respect for civil servants ' legislation, or

b)

have been transferred from other administrations to a national insurance institution.

(4) The national insurance institution shall reimburse half of the pension, in particular the waiting period, retirement pension and survivor ' s salary. (5) For the officials who are waiting for the Bundesversicherungsanstalt in accordance with paragraph 3. Unofficial table of contents

§ 17

The Federal Insurance Office is "corresponding institution" within the meaning of § 61 of the law governing the legal conditions of persons falling under Article 131 of the Basic Law of 11 May 1951 (Federal Law Gazette). 307) vis-à-vis the Reichsversicherungsanstalt für Anemployee (Reichsversicherungsanstalt für Anemployee) (point 11 of Appendix A to § 2 para. 1 of the above-mentioned law). The supreme service authority shall be determined in accordance with section 10 (2). Unofficial table of contents

§ 18

(1) The first sentence of section 16 (1) and (2) shall apply to the employees employed by the national insurance institutions. The employees who are to be transferred to the Federal Insurance Office (Bundesversicherungsanstalt) at the time of the date specified in § 26 are entering the service of the Federal Insurance Office (Bundesversicherungsanstalt). (2) Are the remuneration of an employee according to the date of the day before the The difference shall be paid as a personal compensatory allowance for such a period until it is offset by the remuneration of the remuneration. In this case, no changes to the housing subsidy and the local special surcharge, which enter into another place class by transfer to another location or by the entry of the duty station, are not counted. (3) Service remuneration in the sense of the The provisions of paragraph 2 of this Article shall include all current cash benefits under the service contract, with the exception of children's surcharges, overtime allowances, expenses for expenses, travel expenses and allowances. (4) The employees employed in the national insurance institutions Workers who, on 31 December 1952, are solely responsible for the purpose of In the case of employees who have been employed by the Federal Insurance Office (Bundesversicherungsanstalt) in accordance with Section 26, they are entering the service of the Federal Insurance Office (Bundesversicherungsanstalt) under the conditions laid down in the previous Paragraphs 2 and 3 shall apply accordingly.

II.
Assets

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§ 19

(1) The Reichsversicherungsanstalt für Anposted shall be dissolved upon the entry into force of this law. Your assets (property and all other property rights) as well as the assets acquired from the funds of this property after 8 May 1945 for the Reichsversicherungsanstalt für Anemployee shall go to the Federal Insurance Office (Bundesversicherungsanstalt). (2) Furthermore, the property rights of the Federal Insurance Office shall be granted. the property and all other property rights acquired by the holders of the pension insurance scheme of the workers after 8 May 1945 from the employment insurance funds shall be applied to the Federal Insurance Office. (3) Paragraphs 1 and 2 shall also apply to rights which are subject to law for non-transferability or only on the basis of (4) The liabilities relating to the assets referred to in paragraphs 1 and 2 in a legal or economic context shall be subject to the provisions of intergovernmental agreements. Regulations from the entry into force of this Act to the Federal Insurance Office. (5) Insofar as claims arising from the foreign and international law of 7 August 1953 (Federal Law of the Federal Republic of Germany) are subject to the law. 848) against the pension insurance of the employees and to the extent that the institution of the pension insurance of the employees is entitled to reimbursement claims, these liabilities and rights shall be applied to the Federal Insurance Office. Unofficial table of contents

§ 20

(1) The validity of legal provisions which have been made on the property rights of the species referred to in § 19 (1) and (2) before the date of entry into force of this law shall remain unaffected. (2) and other property and rights which fall within the terms of section 19 (1) and (2) shall remain. Unofficial table of contents

Section 21

(1) In current lease or lease contracts, which are provided by the Reichsversicherungsanstalt für Anposted or after 8 May 1945 by the Treuhand administration of the Reichsversicherungsanstalt für Anposted in Berlin or by the institutions of the pension insurance of the The Federal Insurance Office shall enter into force for the purposes of the employment insurance scheme. ... (2) Unofficial table of contents

Section 22

Upon request, the Federal Insurance Office shall provide information on the assets of the kind referred to in § § 19 and 20, as well as to provide access to files and documents. Unofficial table of contents

Section 23

Disputes arising between the legal entities of the public right arising from the settlement of the property law in § 19 shall be decided by an arbitral tribunal. The arbitral tribunal shall consist of a chairman and two co-chairmen, each of whom shall appoint one. The chairman is appointed by the Federal Ministry of Justice. For the procedure, the provisions of the Civil Procedure Code shall apply. Unofficial table of contents

§ 24

(1) In accordance with § 19 of the property of the Federal Insurance Office, the property on a property is to be filed by the management of the Federal Insurance Office for the correction of the basic book. The application must be signed by two members of the management board and shall be provided with the official seal. In order to prove the property in relation to the land register, the declaration to be made in the application shall suffice for the property to be part of the assets of the Federal Insurance Office. The property is to be registered for the "Bundesversicherungsanstalt für Anposted, corporation des öffentlichen Rechtes" (Federal Insurance Office for Employees). (2) This applies accordingly to other rights registered in the Land Registry. Unofficial table of contents

Section 25

Court fees and other charges arising from the application and in the implementation of the provisions of § § 19 to 24 shall not be charged. Cash outlays remain out of approach.

III.
Trusteeship

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§ § 26 and 27 ----

Third Section
Final provisions

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§ 28

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§ 29

(1) The execution of the insurance for seafarers and seamen is governed exclusively by the agreement of 16 December 1943 concluded between the Reichsversicherungsanstalt für Antes und der Seekasse (Reichsversicherungsanstalt für Antes und der Seekasse). Changes and additions, which are agreed by the Federal Insurance Office and the Seekasse, require the approval of the Federal Ministry of Labour and Social Affairs. (2) As far as the regulation on the implementation of the German social security system In the case of a stay abroad of 29 March 1951 (Bundesgesetzblatt I p. 230), the Landesversicherungsanstalt Rheinprovinz (Landesversicherungsanstalt Rheinprovinz) is responsible for matters relating to the insurance of employees, without prejudice to the provisions of paragraph 1, to replace the Federal Insurance Office.

Footnote

Section 29 (2) italic print: v deed. by § 3 sentence 2 V v. 4.12.1972 I 2232 mWv 8.12.1972 Unofficial table of contents

§ 30

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Section 31

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Section 32

Where reference is made in other laws to regulations or designations which are repealed or amended by this Act, the relevant provisions or the designations of this Act shall be replaced by the provisions of this Act. Unofficial table of contents

§ 33

(1) This Act applies in accordance with Section 13 (1) of the Law on the Status of the Land of Berlin in the financial system of the Federal Republic of Germany (Third Transfer Act) of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. (2) Unofficial table of contents

Section 34

This law will enter into force on 1 August 1953; ....