Social Security Property Insurance Act in the Accession AreaNon-official table of contents
Date of issue: 20.12.1991
" Act to regulate 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 p. 968) "
|:||Last modified by Art. 17 G v. 29.4.1997 I 968|
For details, see Notes
(+ + + Text evidence: 29.12.1991 + + +)
The G for details. was given as Art. 1 G v. 20.12.1991 I 2313 approved by the Bundestag with the consent of the Bundesrat; it is in accordance with the provisions of the German Bundestag. 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 the provisions of Section 8 (1 Art. 4 (1) sentence 2 of this G with effect from 1.1.1991.
First Section unofficial table of contents
(1) The assets under Annex I, Chapter VIII, Section II, Section II, Section 3, Section 1, of the agreement (total handling) shall be subject to the following Rules divided.(2) The assets of the social security system Wismut and the health care system Wismut, in particular the land and buildings, which are located on the 30th, shall also be part of the overall trading capacity within the meaning of paragraph 1. The property of the Soviet Company Wismut was not owned by Soviet-owned companies on the basis of the provisions of the law on the protection of the property. These plots and buildings are not to be considered as the Soviet-German public limited liability company Wismut.
name="BJNR123130991BJNE000900307 " />Non-official Table of Contents
§ 2 Ownership
(1) Basic items and buildings from the total handling capacity shall be informed by the institution of the Social insurance or the association of social insurance institutions which has applied for the transfer of ownership and which it requires for the performance of its statutory or approved tasks. In the communication the purchase price (§ 6) is to be determined. This does not require the transfer of ownership.(2) The application referred to in paragraph 1 shall be submitted by the institutions or associations to the 31. In January 1992, he was to be part of the Social Insurance Board. 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) Where the application has been submitted by a number of posts in respect of the same land or building, the land or building shall be transferred to the applicant who, in weighing all the circumstances, is in urgent need of the property or building. is required as the other applicants.(4) Land or building of the total assets or health care system Wismut according to § 1, para. 2, which is provided by the Social Insurance Board of Management until the 31. In the case of another contract, they may be transferred by means of a communication to another contract. 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. Section 24 of the regulation on social security in the social security sector of 21 December 2003 December 1977 (BGBl. 3147) shall not apply to the extent that a transfer is carried out to municipalities, counties or non-profit institutions and organisations and organisations.(5) Land or buildings which are not to be transferred in the application of paragraph 1 or paragraph 4 shall be transferred from office to the country in whose territory the land or buildings are wholly or predominantly wholly or predominantly is located.(6) For the decisions to be taken in accordance with the preceding paragraphs, the asset allocation law is 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 decision to be made public shall be published in the Federal Gazette (Bundesanzeiger). It shall be deemed to have been published four years after the date of its publication.(7) In the case of disputes under the preceding paragraphs, the legal path to the courts of social justice shall be given. The Landessozialgericht Berlin (Landessozialgericht Berlin) decides in the first legal suit. The fourth sentence of paragraph 6 shall apply accordingly. Non-official table of contents
§ 3 Clarifying the ownership relationships, compaction obligations of the Social Insurance Overhead Institution
A clarification of the basic items and buildings, which cannot be excluded from the fact that they are part of the total trade capacity or the property of the health care system Wismut according to § 1, para. 2, has been clarified by the Social Insurance Board of the Social Insurance. Ownership of the property. Non-official table of contents
§ 4 Rights of previous owners
Land and buildings that are transferred in accordance with § 2 are 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. Non-official table of contents
§ 5 Administration and use
(1) The applicants in accordance with § 2 (2) have the requested plots and buildings from the the date of application to be administered and the maintenance and management costs to be carried out 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 land or building is wholly or predominantly located. If the applicant is the user of a number of applicants, the administration shall be informed of the decision; otherwise, the Social Insurance Board shall be responsible for ensuring the administration.(2) Until the adoption of the decision pursuant to § 2 (4), the Social Insurance Board of Management has to ensure the administration of the land and buildings in respect of which it has entered into the obligations referred to in § 2 (4).(3) A land or building for which no application pursuant to section 2 (1) has been submitted and to which not § 2 para. 4 applies shall have the land in whose territory the plot or building is wholly or predominantly situated, from the first. It should be managed in January 1992 and the conservation and management costs have been taken 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 Board shall forward to each country the information available to it on these buildings and land.(4) The power to administer pursuant to the first sentence of paragraph 3 also includes the power to appoint, on the land or buildings, basic rights and other rights limited to property rights. 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) Where land or buildings to which § 3 applies are used by a social security institution or a social insurance institution, the managing director of the Social Insurance Board of Directors or one of the directors of the social insurance institution shall be able to take advantage of the following: empowers the person to whom the property or building is to be used for further use.(6) If a property or building is transferred to a social security institution or a social insurance institution, the sections 994 to 996 of the Civil Code shall be in proportion to another institution of the social security system. or association of social security institutions. Non-official table of contents
§ 6 purchase price
The social insurance institutions or their associations have the traffic value of the acquired property, or Building, as it was, related to the 1. It was established in January 1991 to pay, under the deduction of the basic rights to a special account, a special account at the social insurance institution 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 traffic value must be borne by the acquirer.
Third section unofficial table of contents
Moving stuff, receivables, liabilities
§ 7 Transfer of ownership of movable property and data protection regulations on the use of the health care archives Wismut
(1) Property Movable property from the total assets and from the property of the health care system Wismut according to § 1 (2), insofar as it is not files, files or archives, with the land or buildings, on or in which they are usually , 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; in addition, the Social Insurance Board shall ensure the deletion of the data. § 2 (6) and (7) and § 5 shall apply accordingly.(2) The data processing systems from the total handling capacity, which are located in Leipzig and are used for pension insurance, are the property of the state insurance companies Mecklenburg-Vorpommern, Sachsen, Sachsen-Anhalt and Thuringia to the same parts.(3) Files, files or archives of the health care system Wismut, which up to 30. In the case of a social security institution, the Commission shall, in September 1996, not apply to a social security institution. 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 they are personal,
3.to relatives, insofar as they are data of the deceased and whose protection worthy interests by the Transmission not affected.
- to social service providers, to the extent they need them to perform their tasks in accordance with the Social Code; a transmission of the data is also permitted in courts, insofar as they are required for the The Federal Office for Radiation Protection (Bundesamt für Strahlenschutz) is required to carry out a judicial procedure relating to the performance of the benefit of the benefit carrier.
- , as well as to other public or non-public bodies operating scientific research for the purpose of scientific research, provided that
- this is required to perform certain scientific research work,
- Use of anonymized data for this purpose is not possible and
- the public interest in the research work is the unprotected interest of the person concerned at the Exclusion of the transmission significantly outweighs, or
Transmissions for other purposes are not allowed.(5) Personal data shall only be transmitted to such persons within the scope of paragraph 4 (1) and (2), the
- Officials are,
- for the public service especially pledged or
- have been committed to secrecy.
§ 1 (2), (3) and (4) of the Commitment Act applies to the obligation to maintain confidentiality.Personal data transmitted in accordance with the first sentence of paragraph 4 may only be used for the research for which they have been transmitted. The use of 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 has transmitted the data.(7) The data shall be protected against unauthorised 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. also be of importance.(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 features are to be stored separately, by means of which individual data can be assigned via personal or factual circumstances of a specific or determinable person.(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 for a any breach of these rules or if the recipient does not process the personal data in files.(10) As far as data sets have been assigned to the commercial professional cooperatives by the administrative act of the Federal Insurance Office, social data contained therein may be provided by the commercial professional associations to the Federal Institute for Economic Cooperation and Development (Bundesanstalt für Bundesanstalt für Bundesversicherungsamt). Occupational health and safety, the Federal Office for Radiation Protection and other public or private bodies operating in the field of other scientific research shall be transmitted under the conditions set out in the first sentence of paragraph 4 (2) and in paragraph 5 of this Article. In this respect, paragraphs 6 to 9 shall apply. Before taking 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. Non-official table of contents
§ 8 Claims and other rights
(1) Claims arising from a public service provision, go to the social security institution responsible for the provision of the relevant service.(2) For the withdrawal of social security contributions from the period before 1. January 1991 is the responsibility of the catchment body, which became responsible for the first time in 1991 according to § 28i of the Fourth Book of Social Law. As far as these are contributions from the time before the 1. In July 1990, two-fifths and three-fifths of the contribution to the health insurance scheme in accordance with the provisions of the first sentence shall be added to the amount of the contribution.(3) Payments made on the basis of the flat-rate agreement between the State Insurance of the GDR and the management of the Social Security of 22. January/3. February 1955, as amended by the 5. February 1990 for the year 1990 shall be made available to the Community as a whole. To the extent that damage has been covered by the said flat-rate agreement, claims for compensation for damage shall be replaced, in so far as the damage has been carried out in accordance with the provisions of the 1. The provisions of the Agreement on the lump-sum of those compensation claims were or are to be provided for in January 1991. The lump sum to be paid shall be allocated in accordance with an agreement to be concluded between the top associations of social insurance institutions.(4) Other rights of total trade are claimed by the managing director of the Social Security Board of Directors or by a person to be empowered by him. Payments shall be made to the special account for the total trading assets.(5) Claims arising from the property of the building or property of the health system Wismut shall be asserted by the managing director of the hypermanagement institution Social Security or a person to be empowered by him. The resulting payment amounts are to be supplied to the special account for the real estate assets from the health care system Wismut.(6) § 2 (6) and (7) shall apply mutas to the determination in the dispute procedure. Unofficial Table Of Contents
§ 9 Liabilities
(1) For liabilities to which in Annex I, Chapter VIII, Section II, Section II, No. 1, Section 3 (1) the social security institutions shall be liable to the general debtor. They can only be asserted with respect to the social insurance institution, which it has to comply with from the special account for the overall trading capacity.(2) The Social Insurance Board of Management shall be from the top associations of the social insurance institutions for the total countries the funds to be provided or provided for the performance of the liabilities of the total trade assets, be made available in proportion to their share of total trade. The same applies to the liabilities of the health care system Wismut according to § 1 para. 2 for the federal states of Saxony and Thuringia.
Fourth Section Non-official table of contents
Shares in the overall trading assets
(1) The proceeds from the total trade are one third to each of the three branches of social insurance. 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 for the pension insurance sector on the basis of the number of insured persons on the 1. 1 January 1991.(2) In the event that a property or building transferred to a social security institution or association is issued because it is owned by a third party or because it is the property of a third party, the property or property of a third party shall be subject to the following conditions: Top associations of the social insurance institutions for the total countries to reimburse the institution or association for a purchase price paid in accordance with § 6, in accordance with the breakdown referred to in paragraph 1.
Section 5 /> Full Power ControlNon-official table of contents
§ 11 Power of representation
(1) The managing director of the transfer office Social insurance 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 owner of the total trade assets or the assets of the To represent health care Wismut as defined in § 1, as far as they
- for the administration of the Doing the necessary actions,
- in consultation with the top associations of the social insurance institutions, concludes contracts on the assets or
- provides the necessary injunctions for revenue and movable property.
(2) Contracts pursuant to § 2 (4), which the Social Security Board of Transfers Shall the entry into force of this Act shall be deemed to have been approved if the contracts have been concluded in consultation with the leading associations.
Sixth SectionNon-official table of contents
Altability of the Social insurance institutions
§ 12 Determination of ownership transfer
(1) For the determination of who in 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, applies in accordance with Section 2 (6) of this Agreement.(2) Legal successor within the meaning of § 3 (2) of Annex I, Chapter VIII, Sachgebiet F, Section II, No. 1 of the Agreement of Unity
- is the Innungskrankenkasse (Innungskrankenkasse), in whose district a plot of land is located in whole or in the most part, for the 8. In May 1945 an Innungskrankenkasse (Innungskrankenkasse) was registered as owner in the land register;
- are the local health insurance funds, in whose district a plot of land is wholly or predominately situated. is, for that, on the 8th In May 1945, a land health insurance fund was registered as owner or co-owner in the land register, and the Agricultural Health Insurance Fund Berlin for the above-mentioned plots of land for the same parts;
- are the health insurance companies who have been the legal successor of the members of a cash register in accordance with § 406 of the Reich Insurance Order; they will receive the assets in equal parts; if individual members are no longer to be determined, their shares are subject to the legal successor of the remaining members to the same parts.
(3) A property or building, for which the 8. May 1945 a national insurance institution-health insurance department-was registered as owner in the land register or for which the property of the property can be detected in any other way, property of the country in which the property or building is entirely or predominately. If the locally responsible medical service needs the land or building to perform its tasks, it is to be transferred from the land to this free of charge.
Seventh section Non-official table of contents
§ 13 Resolution of the special accounts
(1) After payment of the liabilities and Recovery of claims is to dissolve the special account for total handling by dividing the balance into one third of each of the three branches of social security. Section 10 (1) shall apply accordingly.(2) The balance from the special account for the real estate assets from the health service Wismut is to be transferred to the countries of Saxony and Thuringia in equal parts. Non-official table of contents
§ 14 succession
powers and to resolve outstanding tasks of the Social Insurance Overhead Institution and their business leaders go to the President of the Federal Insurance Office.