Law governing financial matters of social security in the accession area

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BGSVVermG

Date of completion: 20.12.1991

Full quote:

" Law on the regulation of social security assets in the accession area of 20 December 1991 (BGBl. 2313), as last amended by Article 17 of the Law of 29 April 1997 (BGBl I). 968).

Status:

Last amended by Art. 17 G v. 29.4.1997 I 968

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 29.12.1991 + + +) 

  

The G was decided as Art. 1 G v. 20.12.1991 I 2313 from the Bundestag with the consent of the Bundesrat; it is in accordance with. Art. 4 (1) sentence 1 of this G, with the exception of § 8 (1) and (2) and § 11, shall enter into force on the day after the proclamation; § 8 (1) and (2) and (11) shall act in accordance with Article 4 (1), second sentence, of this G, with effect from 1 January 1991, in force.

First section
Subject-matter

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§ 1

(1) The assets under Annex I, Chapter VIII, Section F, Section II, Section 3 (1) of the Agreement (total handling) shall be apportionated in accordance with the following rules. (2) The total assets referred to in paragraph 1 shall also include the The assets of the social security system Wismut and the health care system Wismut, in particular the land and buildings which were owned by the Soviet Union on 30 June 1990, and which were not the property of the Soviet Union on the basis of measures to be taken into account by the law. Public limited company Wismut. These properties and buildings are not to be regarded as being associated with the Soviet-German public limited company Wismut.

Second section
Immovable property

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§ 2 Distribution of ownership

(1) Land and buildings from the total handling capacity shall be transferred by communication to the social security institution or to the association of social security institutions which has applied for the transfer of ownership and which is responsible for the performance of the transfer of property. of the tasks required by law or authorised by law. In the communication the purchase price (§ 6) is to be determined. The transfer of ownership is thus not conditional. (2) The application referred to in paragraph 1 shall be submitted by the institutions or associations by 31 January 1992 to the Social Insurance Board of Management. If, after the expiry of the period, a property or building belongs to the total trade, the total countries shall be informed accordingly. The application referred to in paragraph 1 shall, in this case, be submitted three months after receipt of the information to the Social Insurance Board. The reinstatation to the previous stand is excluded. (3) If the request has been made by several bodies in respect of the same land or building, the land or building shall be transferred to the applicant who shall be subject to the following conditions: Consideration of all circumstances the property or building needs more urgently than the other applicants. (4) Land or buildings of the total assets or health care Wismut according to § 1 para. 2, which is from the transfer institution have been contracted to another contract by 31 December 1991; can be transferred to the user by communication. Article 313, second sentence, of the Civil Code shall apply with the proviso that the entry into the land register shall be replaced by the entry into the basic register of the stock of the person referred to in the first sentence of paragraph 1. Section 24 of the Social Security Regulation of 21 December 1977 on social security (BGBl. 3147) shall not apply where there is a transfer to municipalities, counties or non-profit and free bodies and organisations. (5) Land or buildings which are not to be transferred to the application of paragraph 1 or paragraph 4, shall be transferred from its own motion to the country in whose territory the land or building is wholly or predominately situated. (6) The decisions to be taken in accordance with the preceding paragraphs shall be subject to the following: Asset allocation law of 22 March 1991 (BGBl. 766, 784), provided that no derogation is determined. The managing director of the supervisory board is responsible for social security or a person to be empowered by him. The First Chapter of the Tenth Book of Social Law is replaced by the Administrative Procedure Act. A copy of the decision taken shall be assigned to the President of the Oberfinanzdirektion, in whose division the affected property or building is located wholly or predominantly. Without prejudice to § 2 (1) sentence 1 of the law on the capital allocation, the Federal Gazette shall make the decision publicly known in accordance with the preceding paragraphs. It shall be deemed to have been published four years after the date of its notice. (7) For any dispute referred to in the preceding paragraphs, the legal path to the courts of the social jurisdiction shall be given. The Landessozialgericht Berlin decides in the first legal suit. The fourth sentence of paragraph 6 shall apply accordingly. Unofficial table of contents

§ 3 Clarifying of ownership relationships, obligation to co-act the Social Security Overhead Institution

In the case of land and buildings, where it cannot be ruled out that they are part of the total trade or property of the health care system Wismut according to Article 1 (2), the social insurance institution has a clarification of the social security system. Ownership of the property. Unofficial table of contents

§ 4 Rights of former owners

Land and buildings which are transferred in accordance with § 2 shall be subject to the retransmission in accordance with the provisions of the Assets Act, if they were the subject of measures within the meaning of Section 1 of the Property Law. The Investment Priority Act shall apply. Unofficial table of contents

§ 5 Administration and use

(1) The applicants in accordance with § 2 (2) shall have the requested land and buildings to be administered from the time the application was submitted and to take over the conservation and management costs since that date. They shall receive the benefits which shall be drawn from the land and buildings referred to in the first sentence of the same date. If the application is rejected by a final decision, the administration shall, from that date on, transfer to the country in whose territory the property or building is wholly or predominantly located. If, in the case of a number of applicants, an applicant is the user, the administration shall pass it on; otherwise, the social insurance institution shall be responsible for ensuring the administration. (2) Until the date of the decision pursuant to § 2 (4), the Social insurance institution shall ensure the management of the land and buildings in respect of which it has entered into the obligations referred to in Article 2 (4). (3) Land or buildings for which no application pursuant to Section 2 (1) of this Regulation has been submitted. , and to which Article 2 (4) applies, the country in whose territory the territory of the the land or buildings are wholly or predominantly located, to be managed from 1 January 1992 and to take over the conservation and management costs since that date. The land shall be given the benefits which shall be drawn from the land and buildings referred to in the first sentence of the same date. The social insurance institution shall forward to each country the information available to each country concerning these buildings and land. (4) The power to administer under the first sentence of paragraph 3 shall also include the power to take part in the property or land. Building basic rights and other limited rights to order. The managing director of the social insurance institution or a person to be authorised by him shall, on request, issue a communication to the country concerning the power to administer the information required pursuant to section 28 of the basic book order . The country designated in this communication is authorized to use the property. (5) If land or buildings to which § 3 applies are used by a social insurance institution or a social insurance institution, it may be possible to use the property. the managing director of the Social Insurance Company or any person to whom he is authorised to assign the property or building for further use. (6) Where a property or building is placed on a social security institution, or § § 994 bis (Association of Social Insurance Institutions) shall be transferred to the Social Security Institutions 996 of the Civil Code, in relation to another institution of social security or the association of social security institutions, shall not apply. Unofficial table of contents

§ 6 Purchase price

The social insurance institutions or their associations shall have the transport value of the land or building acquired, as determined in relation to 1 January 1991, with the deduction of the basic rights of property on a special account at the transfer institution Social security to be paid as a purchase price. In so far as the transfer of ownership concerns a property or building from the health service Wismut according to § 1 para. 2, the purchase price shall be payable on a further special account to be set up by the social insurance superstructure. The outlays for the determination of the value of the traffic must be borne by the purchaser.

Third Section
Movable property, receivables, liabilities

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§ 7 Transfer of ownership of movable property and data protection regulations for the use of the archives of the health care system Wismut

(1) The ownership of movable property from the total assets and from the property of the health care system Wismut according to § 1 (2) shall, to the extent that it is not files, files or archives, with the land or buildings, on or in which they are usually located, to the new owner. Their value shall be taken into account in the determination of the value of the traffic of the land or buildings. Files, files or archives shall be transferred to the social security institution to the extent that it requires them to carry out its duties; moreover, the Social Insurance Board shall ensure the erasure of the data. § 2 (6) and (7) and § 5 apply accordingly. (2) The data processing systems from the total handling capacity, which are located in Leipzig and are used for the pension insurance, go into the property of the national insurance institutions Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia on equal shares. (3) Files, files or archives of the health care system Wismut, which have not been transferred to a social insurance institution until 30 September 1996, shall be provided with: Effect of 1. October 1996 Property of the Federal Republic of Germany; Paragraph 1, second sentence, second half-sentence shall not apply. The owners transmit the data to the Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin), even if they contain personal data. These data are to be deleted 40 years after the transmission to the Federal Institute for Occupational Safety and Health. In individual cases, they may be kept beyond the time limit set out in sentence 3 until the end of the year in which the person under investigation has become 75 years old. The Federal Institute for Occupational Safety and Health may process and use the data for the purpose of scientific research in its area of responsibility. (4) The Federal Institute for Occupational Safety and Health shall transmit the data, even as far as possible. they are person-related,

1.

to social service providers, to the extent that they required them to fulfil their duties in accordance with the Social Code; a transmission of the data is also admissible in courts, insofar as they are responsible for carrying out a task with the task of filling the the legal proceedings relating to the benefit of the benefit of the social security system;

2.

to the Federal Office for Radiation Protection and to other public or non-public bodies operating scientific research for the purpose of scientific research, to the extent that:

a)

whereas this is necessary for the implementation of certain scientific research;

b)

the use of anonymized data for this purpose is not possible; and

c)

the public interest in the research work significantly outweighs the protection adverse interest of the person concerned in the exclusion of the transmission, or

3.

to relatives, insofar as they are data of the deceased and whose legitimate interests are not adversely affected by the transmission.

Transfers to other purposes are not permitted. (5) Personal data shall only be transmitted to such persons within the scope of the provisions of paragraph 4 (1) and (2).

1.

Officials are,

2.

in the case of the public service, or

3.

have been committed to secrecy.

Article 1 (2), (3) and (4) (2) of the Obligations Act applies to the obligation to maintain secrecy. (6) The personal data transmitted in accordance with paragraph 4, first sentence, No. 2 may only be used for the research work. for which they have been transmitted. The use of any other research or transmission to third parties shall be determined in accordance with the first sentence of paragraph 4 of paragraph 4 and paragraph 5, and shall be subject to the agreement of the body which transmitted the data. (7) The data shall be against unauthorised persons. To protect knowledge by third parties. The body responsible for scientific research shall ensure that the use of the personal data is spatially and organizationally separated from the performance of such administrative tasks or business purposes for which this data is provided. (8) As soon as the research purpose permits, the personal data are to be anonymized. As long as this is not possible and the data are stored in files, the characteristics are to be stored separately, with which individual data on personal or factual circumstances of a specific or identifiable person are assigned (9) If the recipient is a non-public body, § 38 of the Bundesdatenschutzgesetz (Bundesdatenschutzgesetz) shall apply with the proviso that the supervisory authority shall also monitor the implementation of the provisions on data protection even if there is no sufficient evidence have been in breach of these rules or if the recipient is (10) As far as data sets have been assigned to the commercial professional cooperatives by the administrative act of the Federal Insurance Office, the social data contained therein may be used by the commercial insurance companies. Professional cooperatives to the Federal Institute for Occupational Safety and Health, the Federal Office for Radiation Protection and other scientific research operating public or private bodies under the conditions set out in the first sentence of paragraph 4. and to paragraph 5. In this respect, paragraphs 6 to 9 shall apply. Prior to a decision on a transfer to third parties, the commercial professional associations with the Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) have to consult with the Federal Institute for Occupational Safety and Health on the necessity of transmission. This paragraph is considered to be a different piece of legislation within the meaning of Section 67d (1) of the Tenth Book of the Social Code. Unofficial table of contents

§ 8 Claims and other rights

(1) Claims arising under a public service provision shall be made available to the social security institution responsible for the provision of the relevant benefit. (2) For the entry of social security contributions, the following shall be taken into account: The period before 1 January 1991 is the responsibility of the catchment body, which for the first time in 1991 has become the competent authority in accordance with § 28i of the Fourth Book of the Social Code. In the case of contributions from the period prior to 1 July 1990, the sickness fund responsible under the first sentence of 1 July 1990 includes two fifths and the competent pension insurance institution three fifths of the contribution. (3) Payments under the flat-rate agreement between the State insurance of the GDR and the management of social security of 22 January/3 February 1955, as amended on 5 February 1990 for the year 1990, must be made available to the Community as a whole for the special account of that State. To the extent that damage has been covered by the said flat-rate agreement, claims for compensation for damage shall be replaced where, in the event of the injury to the damage after 1 January 1991, social benefits have been or are to be provided, Claims arising from an agreement to be concluded on the lump-sum of these replacement claims. The lump sum to be paid shall be apported in accordance with an agreement to be concluded between the top associations of the social insurance institutions. (4) Other rights of total trade will be provided by the managing director of the transfer office. social security or a person to be empowered by him. Payments are to be made to the special account for the total handling. (5) Claims arising from the building or property ownership of the health care system Wismut, are from the managing director of the Social Security Board of Directors or of a person to be empowered by him. The resulting payment amounts are to be supplied to the special account for the real estate property from the health care system Wismut. (6) For the determination in the dispute procedure, § 2 (6) and (7) apply accordingly. Unofficial table of contents

§ 9 Liabilities

(1) In the case of liabilities belonging to the assets referred to in Annex I, Chapter VIII, Section II, Section II, Section 3 (1) of the Agreement, the social security institutions shall be liable as total debtors. They can only be relied on to the Social Insurance Board, which they have to comply with from the special account for total handling. (2) The Social Insurance Board of Management is from the top associations of the Social Insurance Fund. Social insurance institutions for the total countries to make available the funds which are to be provided or provided for the performance of the liabilities of the total assets, in accordance with their share of the total trade assets. The same applies to the liabilities of the health care system Wismut according to § 1 (2) for the Länder of Saxony and Thuringia.

Fourth Section
Shares in total trade assets

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§ 10

(1) The proceeds of total trade are one third to each of the three branches of the social security system. The division of the respective third party to the total countries shall be made by the top associations of the social insurance institutions of the branch of the social security insurance concerned, who shall have to take the decision immediately upon receipt of the proceeds. The breakdown shall be for the sickness insurance sector in accordance with the weighted average of the members for the year 1991, for the accident insurance sector in accordance with Annex I, Chapter VIII, Section I, Section III (1) (c) (8) (l). 2 double letters aa to dd of the agreement of 31 August 1990 in conjunction with Article 1 of the Law of 23 September 1990 (BGBl. 885, 1212) and in the area of pension insurance according to the number of insured persons on 1 January 1991. (2) A property or building transferred to a social security institution or association, because it is the property of a third party or because it is the property of a third party, the top associations of the social insurance institutions for the total countries have paid the institution or association according to § 6. The purchase price shall be reimbursed in accordance with the breakdown referred to in paragraph 1.

Fifth Section
Full-time scheme

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§ 11 Power of representation

(1) The managing director of the supervisory board for social security or a person to be authorised by him shall be entitled to a transfer in accordance with § 2 or the determination of a transfer of rights in accordance with § § 7 or 8, the proprietor of the Total trade or property of the health care system Wismut within the meaning of § 1 to the extent that it

1.

the acts necessary for the management of the assets,

2.

, in consultation with the top associations of social security institutions, conclude contracts on assets, or

3.

the necessary provisions on revenue and movable property shall be provided.

(2) Contracts pursuant to § 2 (4), which the Social Insurance Board has concluded before the entry into force of this Act, shall be deemed to have been approved if the contracts have been concluded in consultation with the top associations.

Sixth Section
Old assets of social security institutions

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§ 12 Determination of the transfer of ownership

(1) For the purpose of determining the extent to which immovable property has been obtained in accordance with Annex I, Chapter VIII, Section II, Section II, Section 3 (2) of the Unification Treaty, in accordance with Section 2 (6), the following shall apply mutagens. (2) Annex I, Chapter VIII, Section F, Section II, point 1, of the agreement

1.

is the Innungskrankenkasse (Innungskrankenkasse), in whose district a plot of land is situated in whole or in part, for which an Innungskrankenkasse (Innungskrankenkasse) was registered as owner on 8 May 1945 in the land register;

2.

are the local sickness funds in whose district a plot of land is situated wholly or predominantly, for which a land health insurance fund was registered as owner or co-owner on 8 May 1945 in the land register, and the Landwirtschaftliche Krankenkasse Berlin in equal parts for the said land;

3.

are the sickness funds which have been the legal successor to the members of a cash register in accordance with § 406 of the Reich Insurance Code; they are granted the assets in equal parts; if individual members are no longer to be determined, their shares are not covered. the legal successor to the other members in equal parts.

(3) A property or building for which a State Insurance Office-Department of Health Insurance-was registered as owner in the land register on 8 May 1945, or for which the property of which the property is to be proved by other means, shall be the property of the The country in which the property or building is wholly or predominately situated. If the locally responsible medical service needs the land or building to perform its duties, it shall be transferred from the country to the same free of charge.

Seventh Section
Final provisions

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§ 13 Resolution of the special accounts

(1) After payment of the liabilities and recovery of the receivables, the special account for the total trading capacity shall be resolved by dividing the balance into one third of the three branches of the social security system. (2) The balance from the special account for the real estate property from the health service Wismut is to be transferred to the countries of Saxony and Thuringia in equal parts. Unofficial table of contents

§ 14 succession

Responsibilities and the termination of duties of the Social Insurance Company and its Managing Director shall be transferred to the President of the Federal Insurance Office.