Law For The Control Of Wealth Questions Of Social Security In The Acceding Territory

Original Language Title: Gesetz zur Regelung von Vermögensfragen der Sozialversicherung im Beitrittsgebiet

Read the untranslated law here: http://www.gesetze-im-internet.de/bgsvvermg/BJNR123130991.html

Law governing asset questions of social security in the acceding territory BGSVVermG Ausfertigung date: 20.12.1991 full quotation: "law governing asset questions of social security in the acceding territory by December 20, 1991 (BGBl. I S. 2313), most recently by article 17 of the law of 29 April 1997 (BGBl. I p. 968) has been changed" stand: last modified by article 17 G v. 29.4.1997 I 968 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 29.12.1991 +++) the G article 1 G v. 20.12.1991 I 2313 of the Bundestag with the consent of the Federal Council decided. It occurs as per article 4 para 1 sentence 1 of this G with the exception of section 8, paragraph 1 and 2, and article 11 on the day after the proclamation in force; Article 8, paragraph 1 and 2 and § 11 occur under article 4 para 1 sentence 2 of this G with effect from the contracts in force.
First section control subject to § 1 (1) the assets after conditioning I Chapter VIII subject F section II number 1 article 3, paragraph 1, of the Unification Treaty (total hand assets) is according to the following regulations divided.
(2) to the total hand assets within the meaning of paragraph 1, the assets of the social security is one of Bismuth and healthcare Wismut, in particular the land and buildings, which stood on June 30, 1990 in their property and not entered bismuth the Soviet stock company due to besatzungsrechtlicher measures in the property. These land and buildings are not regarded as objectively associated bismuth of the Soviet-German Aktiengesellschaft.
Second section of immovable property article 2 (1) land and buildings from the total hand assets are property Division to transfer, has requested the transfer of ownership and that they needed for the performance of his duties prescribed by law or approved by decision on the institution of social security or the Association of social security institutions. The purchase price (article 6) you want to specify in the notification. The transfer of ownership is not caused by this.
(2) the request is social security to provide pursuant to paragraph 1 of the institutions or associations to January 31, 1992 at the transfer institution. After expiry of the period indicates that a property or building belongs to the total assets of the hand, the Gesamthänder thereof shall be informed. The request referred to in paragraph 1 is to put social security in this case three months after receipt of the notification of the transfer institution. The restitutio in integrum is excluded.
(3) the request has been made by several points in respect of the same land or building, is to transfer the land or building on those applicants more urgently needed the land or building under consideration of all the circumstances as other applicants.
(4) land or buildings of the total assets of the hand or healthcare bismuth according to § 1 para 2, that social security contract are left with another of the reconciliation institution until 31 December 1991, can be transferred this by decision. Section 313, sentence 2, of the civil code is to apply subject to the proviso that takes the place of registration in the land register the entry of administrative finality of the notification pursuant to sentence 1. section 24 of the Ordinance on the co-ordination in the social security of 21 December 1977 (Federal Law Gazette I p. 3147) does not apply is a transfer to communes, districts or non-profit and free institutions and organizations, as far as.
(5) land or buildings that are not transferred in application of paragraph 1 or paragraph 4, transmitted by virtue free of charge by ruling on the land, in whose territory the property or building wholly or mainly located.
(6) for the decisions to be taken to the preceding paragraphs is the asset mapping law of 22 March 1991 (Federal Law Gazette I p. 766, 784) apply mutatis mutandis unless otherwise specified. The Managing Director of the reconciliation institution is responsible social insurance or a person to enabling it. The first chapter of the tenth book of the social code takes the place of the Administrative Procedure Act. A copy of the decision is to submit to the President of the Oberfinanzdirektion in its business segment the affected land or building wholly or mainly located. Without prejudice to the § 2 para 1 sentence 1 asset allocation law is publicly announcing the decision after the preceding paragraphs in the Federal Gazette. She considered four years after their publication announced.
(7) for disputes according to the preceding paragraphs, the recourse to the courts of the social courts is given. The Berlin land social court decides in the first instance. Paragraph 6 sentence 4 shall apply accordingly.

§ 3 clarification of ownership not exclude social security which has social security transfer institution in the land and buildings, where cooperation obligations of the reconciliation institution is that they belong to bismuth to hand assets or the assets of the health according to § 1 para 2, to bring clarification of ownership.

§ 4 rights of former owners of land and buildings, transmitted in accordance with section 2, subject to the return journey under the property Act, if they were subject to measures in the sense of § 1 assets law. The investment priority law is to apply.

§ 5 management and use (1) the applicant according to § 2 para 2 have to manage the proposed land and buildings from the time of application to and since this time to take over the maintenance and management costs. You will receive the uses which are from same date of the land referred to in sentence 1 and buildings. Is the definitive rejected, the Administration at that time on the land passes in which the land or building wholly or mainly located. An applicant of the user, is at several applicants management on these is over; otherwise, the reconciliation institution has social security to make sure the administration.
(2) until the adoption of the notification according to § 2 para 4, the reconciliation institution has the management of the land and buildings, related to their entering the obligations laid down in section 2, paragraph 4, to ensure social security.
(3) land or buildings, for which no application is sent according to article 2, paragraph 1 and to which not section 2 paragraph 4 applies, has the country in whose territory the plot or building wholly or mainly located, from 1 January 1992 to manage and to take over the maintenance and management costs since then. The country receives the uses which are from same date of the land referred to in sentence 1 and buildings. The reconciliation institution social security has any country to convey the information about these buildings and land.
(4) the power to the Board pursuant to paragraph 3 includes the power set 1, to order the plot or building liens and other rights in rem limited. The Managing Director of the reconciliation institution social insurance or a person to enabling it granted the country at the request of an official letter about the power management which must contain the information required under section 28 of the land order. The country referred to in this decision is entitled to dispose of the property.
(5) will assign the plot or building to continue using land or building on which section 3 applies, used from a social security body or an Association of social security institutions, the Managing Director of the reconciliation institution can social security or person to enabling this.
(6) onto a land or building a carrier of social security or an Association of social security institutions, so the sections 994 to 996 of the civil code in relation to one other carrier of social security or Association of social security institutions have application.

§ 6 purchase price the social insurance institution or their associations have involved the fair market value of the acquired parcel of land or building, such as he, on January 1, 1991, is determined to pay social security as a purchase price deduction of liens on a special account with the transfer institution. As far as the transfer of ownership bismuth concerned according to § 1 para 2 a plot of land or buildings from the healthcare sector, the purchase price to another is by the reconciliation institution to establish a special account to pay social insurance. The purchaser has to bear the expenses for the determination of the market value.
Third section of movable property, receivables, liabilities § 7 transfer of ownership of movable property and data protection rules for the use of archives of health Wismut (1) the property's bismuth is movable property from the total assets of the hand and the capacity of health care according to § 1 para 2 insofar as not to files, files, or archives, with the land or buildings, on or in which they are usually , on the new owners. Its value is taken into account when determining the market value of the land or buildings. Files, files or records are transferred to the social insurance institution, as far as he needs to carry out its tasks; In addition, the reconciliation institution has social security to ensure the erasure of data. § 2 para 6 and 7, § 5 shall apply mutatis mutandis.
(2) data processing equipment from the total assets of the hand, located in Leipzig and used for pension insurance, become the property of the Landesversicherungsanstalt Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia equally.
(3) files, files or archives of health bismuth, which have moved up to September 30, 1996, not on a social insurance institution, will be with effect from 1 October 1996 property of the Federal Republic of Germany; Paragraph 1 sentence 3 second half-sentence does not apply. The owners submit data, even if they contain personal data of the Federal Institute for occupational safety and health. This data is to delete 40 years after delivery to the Federal Institute for occupational safety and health. You can also in some cases about the period referred to in sentence 3 at the end of the year be retained until, in which the investigated person became 75 years old. The Federal Institute for occupational safety and health may in their task pane process data for the purpose of scientific research and use.
(4) the Federal Institute for occupational safety and health submitted the data, even if they are personal, 1 to social service providers, as far as they needed to carry out their tasks the social security code according to; a transmission of data is allowed also to courts insofar as she to carry out judicial proceedings related to the fulfilment of the tasks of the social service provider is necessary, 2 to the Federal Office for radiation protection, as well as to other scientific research performing public or non-public bodies for the purpose of scientific research, as far as a) necessary for the conduct of certain scientific research is required, b) is not possible to use anonymous data for this purpose and c) the public interest in the research protection adverse interest of Concerned at the exclusion of which significantly outweighs delivery, or 3rd at nationals, as far as it's data of deceased persons and their protection interests are not affected by the transfer.
Submissions for other purposes are not allowed.
(5) personal data are no. 1 in the context of paragraph 4 and transmitted 2 only to persons who are public officials 1, 2 for the public service are especially committed or 3. secrecy are been committed.
§ 1 2, 3 and 4 is no. 2 of the obligation law on the obligation to maintain secrecy appropriate application.
(6) submitted pursuant to paragraph 4 sentence 1 No. 2 may be used only for the research personal data, for which they have been submitted. Used for other research or a delivery to third bodies varies according to paragraph 4 sentence 1 No. 2 and paragraph 5 and requires the consent of the authority that has transmitted the data.
(7) the data must be protected against unauthorized inspection by third parties. The agent performing scientific research has to ensure that the use of personal data spatially and organizationally separated occurs from complying with such administrative tasks or business purposes for which these data can be equally important.
(8) once the purpose of the research will allow it, the personal data are made anonymous. As long as this is not possible and the data in files, are separately to save the features which individual details about personal or factual circumstances of a certain or determinable person can be associated.
(9) the recipient is a non-public place, is section 38 of the Federal data protection law with the proviso that the supervisory authority supervised the execution of the data protection regulations, also if there are no sufficient evidence of a violation of these rules, or if the recipient processes the personal data in files.
(10) as far as data by administrative act of the Federal Insurance Office were allocated to the professional trade associations, included performing social data of the professional trade associations at the Federal Institute for occupational safety and health, the Federal Office for radiation protection and other scientific research on public or private entities under the conditions of paragraph 4 sentence 1 May is no. 2 and of paragraph 5 are transmitted. In this respect apply paragraphs 6 to 9. Before making a decision on a transfer to third parties, the professional trade associations with the Federal Institute for occupational safety and health over the necessity of the delivery in the consultation have to put. This paragraph shall apply as other legislation in the sense of § 67d 1 of the tenth book of the social code.

Article 8 claims and other rights (1) claims arising from a public service provision, on the social insurance institution skip, who is responsible for the provision of the corresponding service.
(2) for the collection of social insurance contributions before 1 January 1991, the collection place is responsible, which has become responsible for the first time in 1991 in accordance with article 28i of the fourth book of the social code. As far as posts dating from before 1 July 1990, it is three-fifths of the contribution are entitled to two-fifths and the competent pension insurance institution of the sickness fund competent pursuant to sentence 1.
(3) payments on the basis of the flat-rate agreement between the State insurance of the GDR and the administration of social security of 22 January / February 3, 1955, amended on February 5, 1990, for the year 1990 are to provide to the community as a whole hand in that special account. As far as claims are recognised by the above lump-sum agreements, claims arising from a concluded agreement on the need of these claims take the place of claims to compensation for damage, insofar as to the damage repair after 1 January 1991 benefits provided or to provide. The lump sum to be paid is in accordance with an agreement to close is divided between the Central associations of social insurance institutions.
(4) other rights of the total assets of the hand are of the Managing Director of the reconciliation institution claimed social security or to a person to ermächtigenden. Payments are on the special account for the total assets of the hand.
(5) claims resulting bismuth from the building or land ownership of the health care system, are by the Managing Director of the reconciliation institution to claim social security or to a person to ermächtigenden. Resulting payments should be collected separately for the special account for the objects from the health care sector to bismuth.
(6) for the determination in the dispute procedure, § 2, para 6 and 7 shall apply accordingly.

Article 9 liabilities, liabilities (1) to the system I Chapter VIII subject F section II number 1 article 3, paragraph 1, of the Unification Treaty referred to in assets include, the social insurance institution severally liable. They can be only compared to the reconciliation institution claimed social security, which has to meet them from the special account for the total assets of the hand.
(2) the transfer institution the means to provide the fulfilment of liabilities of the total assets of the hand are social security of the Central associations of the social security institution for the Gesamthänder or have been provided to make according to their proportion of the total assets of the hand. The same applies to the liabilities of the health care system bismuth according to § 1 para 2 for the States of Saxony and Thuringia.
Fourth section units in the total hand asset section 10 (1) the proceeds of the total assets of the hand each of the three branches of social security to a third is to. The distribution of the respective third on the Gesamthänder is done by the leading associations of the social security institutions of the affected branch of social security, who have to make the decision immediately after receipt of the proceeds. The distribution is for the area of health insurance according to the weighted average of the members for the year 1991, the area of the accident insurance according to annex I Chapter VIII subject I section III No. 1 letter c 8 No. 2 of double letters aa to dd of the Unification Treaty of 31 August 1990 in connection with article 1 of the law of 23 September 1990 (BGBl. 1990 II S. 885) , 1212) and set on January 1, 1991 for the pension insurance sector according to the number of the insured.
(2) a plot of land or building, which has been transferred to a carrier of social security or an association, published are, because it is the property of a third party or back transfer of third-party claims, the umbrella organisations of the social security institution for the Gesamthänder have to refund a purchase price that is paid in accordance with § 6 according to the distribution media or association referred to in paragraph 1.
Fifth section of Attorney section 11 of authority (1) the Managing Director of the reconciliation institution social insurance or a person to enabling are entitled until a transfer pursuant to section 2 or establishing a transfer according to paragraphs 7 or 8 bismuth in the sense of § 1 to represent the owner of total hand assets or the assets of health insofar as the actions necessary for the management of assets carry the 1 , 2.
in consultation with the Central associations, the social insurance institution concludes contracts on the assets or 3. make necessary decisions about revenues and movable property.
(2) contracts according to § 2 para 4, social security before the entry into force of this Act has completed the reconciliation institution, is considered to have been approved if the agreements in consultation with the Central associations have been completed.
Sixth section of old assets of social insurance institutions § 12 determination of the transfer of title (1) for the purpose of determining who to what extent immovable property according to annex I Chapter VIII subject F section II No. 1 § 3 par. 2 of the Union Treaty has received, is section 2 para 6 according to.
(2) legal successors in the sense of § 3 para 2 of the annex I Chapter VIII subject F section II number 1 of the Unification Treaty 1 is the Guild health insurance, in whose district a plot of land is wholly or predominantly occupy, a Guild Health Fund as the owner in the land registry was registered for that on May 8, 1945;
2. are local health insurances, in whose district a plot is wholly or predominantly situated, for which a country health insurance as owner or co-owner in the land was registered on May 8, 1945 and the agricultural sickness fund Berlin for the mentioned land equally;
3. are the health insurance funds, which have been successors of members of Association of the Fund according to article 406 of the Reichsversicherungsordnung; they get the wealth equally; individual members are not to determine their shares fall to the successors of the other members equally.
(3) a plot of land or building, for on May 8, 1945 a land insurance - health insurance - as the owner in the land registry Division was entered or prove their ownership in any other manner for the leaves, is property of the country in which the land or building is wholly or predominantly occupy. If the locally competent medical service required the plot or building to the fulfilment of its tasks, it is free of charge to transfer of the land on these.
Seventh section final provisions article 13 is resolution of the special accounts (1) after payment of liabilities and collect the claims to dissolve the special account for the total assets of the hand, the balance to each a third of the three branches of the social security system is divided. Article 10, paragraph 1 shall apply mutatis mutandis.
(2) the balance of the special account for the objects from the healthcare bismuth is to transfer to the States of Saxony and Thuringia in equal proportions.

§ 14 successor powers and tasks not yet completed at its dissolution the reconciliation institution social security and its Managing Director to the President of the Federal Insurance Office skip.