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Federal Law on the Establishment of the Bundesknappschaft

Original Language Title: Gesetz zur Errichtung der Bundesknappschaft

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Law on the establishment of the Federal Cnapphood (Bundesknappschaft-Erdirectional gesetz-BKnEG)

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BKnEG

Date of completion: 28.07.1969

Full quote:

" Bundesknappschaft-Erdirectional Act of 28 July 1969 (BGBl. 974), as last amended by Article 15 (91) of the Law of 5 February 2009 (BGBl I). 160) has been amended "

Status: Last amended by Art. 15 para. 91 G v. 5.2.2009 I 160

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1982 + + +) Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

Species 1

Type 2

Art 3

Species 4
Transitional and final provisions

I.
Resolution of the legal guerrians
Asset Transition

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§ 1

The Reichsknappschaft is dissolved with the entry into force of this law. Unofficial table of contents

§ 2

(1) The assets (property and other property rights) of the Reichsknappschaft, with their dissolution on the Federal Republic of Germany, shall be subject to the proviso that the assets of the former pension insurance scheme shall be subject to the assets of the scarcity (2) Paragraph 1 shall also apply to non-transferable rights and to those whose assignment is by agreement is excluded. Unofficial table of contents

§ 3

(1) The liabilities, which are in a legal or economic context with the assets according to § 2 of this article, shall be applied to the Federal Republic of Germany, subject to the provisions of intergovernmental agreements. The first sentence shall apply to liabilities arising from contracts with Sprengel-doctors or other doctors for the provision of old-age and survivors ' pensions, provided that the beneficiary is resident or permanent resident in the scope of application of the (2) The transfer of liabilities shall not affect the rights of the creditor, in particular his claims against a guarantor, as well as his rights arising from a lien, a mortgage or any other security. § 418 of the Civil Code does not apply. (3) Dingliche Rights on land, property and rights, which fall under § 2 (1) and (2) of this article, remain. Unofficial table of contents

§ 4

In so far as the previous institutions of the security insurance scheme and the working group of the Knappschaften have made legal business provisions relating to property rights within the meaning of Article 2 of this Article, they shall be deemed to have the right to dispose of them. Unofficial table of contents

§ 5

Upon request, the Bundesknappschaft shall be informed of the assets referred to in § § 2 to 4 of this article. Unofficial table of contents

§ 6

(1) In accordance with § 2 of this Article on the assets of the Bundesknappschaft, the property on a property is to be submitted by the Federal Cnapphood for the correction of the basic book. The application must be signed by the chairman of the board of directors and by a member of the management board of the Bundesknappschaft, and must be provided with the official seal. In order to prove the property in relation to the land registry, the declaration to be made in the application is sufficient for the property to be part of the assets of the Federal Cnapphood. The property is to be registered for the "Bundesknappschaft, corporation of public law". (2) Paragraph 1 applies accordingly to other rights registered in the Land Registry. Unofficial table of contents

§ 7

(1) Transactions and negotiations which are used for the implementation of Sections 2 to 6 of this Article, including the correction of the public books, are free of fees, taxes and levies; this shall also apply to assessments and (2) Freedom of charge, tax and outsourcing shall be accepted by the competent authority without verification, if the Bundesknappschaft confirms that the measure of the implementation of the § § 2 to 6 of this article. Unofficial table of contents

§ 8

The trusteeship of the Federal Government and of the Land of Berlin on the property and other property rights of the Reichsknappschaft shall be issued with the entry into force of this Act. Unofficial table of contents

§ 9

(1) The former holders of the financial insurance scheme and the working group of the crunces are dissolved with the entry into force of this law. (2) With the date of dissolution, their assets (property and other property rights) as well as their assets shall be terminated. Liabilities to the Federal Crunty. Sentence 1 shall not apply to liabilities between the Federal Government and the previous institutions of the insurance scheme in the field of pension insurance, with the exception of liabilities of the Federal Government pursuant to Section 128 of the Reichsknappschaftsgesetz. § § 2, 3 (2) and (3) and § § 5 to 7 of this Article shall apply accordingly.

II.
Acquisition of employees and workers as well as the supply load

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§ 10

The Bundesknappschaft enters into service and employment relationships with the date of entry into force of this Act as an employer, which is at the stated time between the provisions of § § 6 and 12 of the Knappschaftsversicherungs-Adjustment Act or in the § 6 of the Law on the Law of the Saar Law and its employees. Unofficial table of contents

§ 11

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§ 12

Anyone who, at the date of entry into force of this Act, is engaged in a body referred to in Article 10 (1) and is authorised to prepare for a test referred to in Article 11, first sentence 1, point 2, or within eight years after the date of entry into force of this Act In the case of the civil service contract, the law could have been approved for revocation in the preparatory service for the respective career path, if he had been referred to in § 7 (1) (1) and (2) of the Federal Civil Service Act (Bundesbeamtengesetz). Prerequisites are met. The prerequisites for the training of a career are considered to be fulfilled. The preparation service may be credited with the period of service provided after the authorisation for preparation in the employment relationship. The candidates may take the tests referred to in Article 11, first sentence, no. 2, as career tests. Unofficial table of contents

§ 13

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§ 14

The legal relationships of employees who are not appointed to the civil service contract and their supply shall be determined after the service contract and the service contract existing at the time of the entry into force of this law. The entry into force of this Act shall apply. The same applies to the supply of their surviving levels. Unofficial table of contents

§ 15

The obligation to supply the former employees of the entities referred to in Article 10 (1) as well as the survivors of these employees shall go to the entry into force of this Act. Bundesknappschaft over. This shall enter into the rights and obligations of the employer who is obliged to supply the service under the service contract. The supply is governed by the rules of supply law to be applied on a case-by-case basis upon the entry into force of this law. Where the benefits are generally increased or reduced, the pensions of the persons referred to in the first sentence shall be increased or reduced from the same date on the basis of the benefits referred to in the first sentence. Unofficial table of contents

§ 16

(1) The Bundesknappschaft is a corresponding institution within the meaning of section 61 of the law governing the legal conditions of persons covered by Article 131 of the Basic Law
1.
the Reichsknappschaft,
2.
the Central Bruderlade in Prague,
3.
the Topoltschan Social Insurance Institution,
4.
the Bruderlade Yugoslavia,
5.
the Bruderlade Romania,
6.
the Bruderlade Hungary,
7.
The Pensionsinstitut of the Ferdinands-Nordbahn in Moravia-Ostrava
(2) The Federal Minister of the Interior is authorized, by decree of law with the consent of the Federal Council, only after the announcement of this law the facilities of Appendix A to § 2 (1) of the law referred to in paragraph 1, in the rules set out in paragraph 1. (3) On employees and workers who were employed in the scope of this Act on 8 May 1945 by the Reichsknappschaft services, and
1.
have lost their place of work for reasons other than administrative or collective bargaining, and have not been re-used in accordance with their previous legal status, or
2.
before the entry into force of the law referred to in paragraph 1, have completed the sixty-fifth year of life or have become incapable of service and, for reasons other than administrative or collective bargaining, have not received any or no corresponding supply,
§ 62 of the law referred to in paragraph 1 shall apply accordingly. (4) The Board of the Bundesknappschaft shall be the supreme service authority for the application of paragraphs 1 and 3.

III.
Transfer rules

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§ 17

(1) Until the end of the fourth parliamentary term of the institutions elected under the Self-Government Act, the following transitional arrangements shall apply:
a)
The representative assembly of the Bundesknappschaft is to be made up of the members of the representatives ' meetings of the former sponsors of the insurance company. It consists of 60 members, of which no

to the representatives of the insured workers 32 Members
to the representatives of the insured employees 8 Members
to the representatives of the employers 20 members.
The representatives of the workers, the employees and the employers of all representatives of the representatives shall choose the members of the representative assembly of the Federal Republic of Germany who are responsible for each other separately on the basis of proposals for proposals.
b)
The representative assembly elects the Executive Board of the Federal Knappschaft. The Board of Directors consists of 30 members.
c)
The representative assembly of a section shall be made up of the members of the representatives ' meetings of the former holders of the insurance cover who have their place of residence in the section of the section. The representative assembly of the Section elects the Management Board of the Section.
The Act of Self-Government and the Electoral Regulations for Social Security apply accordingly. (2) The organs of the Federal Cnapphood shall be formed within three months of the entry into force of this Act. (3) The Executive Board of the Working Group The Knappschaften shall carry out the tasks and powers of the Board of the Federal Cnappy until the latter meets for its first meeting. Unofficial table of contents

§ 18

From the entry into force of this Act, the Managing Director of the Working Group of the Cnappies is responsible for the tasks of the members of the Executive Board of the Federal Cnappies until their appointment in accordance with Section 157 (1) of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz). Unofficial table of contents

§ 19

Within one year of the entry into force of this Act, the Bundesknappschaft has to adopt the necessary autonomous provisions. Pending the adoption of these provisions, the autonomous provisions of the previous conssions shall continue to apply in their fields. If changes to the autonomous provisions referred to in the second sentence are required until the formation of the representative assembly of the Bundesknappschaft, the latter shall be the institutions of the financial insurance institution as institutions of the The Federal Republic of Germany has to decide on its previous area. § 154 (3) sentence 3 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) Unofficial table of contents

§ 20

Until the adoption of a regulation in accordance with Section 147 of the German Reichsknappschaftsgesetz (Reichsknappschaftsgesetz), the rules of the federal budget law and the payments, which are applicable to the establishment and implementation of the budget and to the auditing of accounts, shall apply. Accounting and the accounting of the rules applicable to social health insurance institutions accordingly. Unofficial table of contents

Section 21

(1) The staff councils of the former holders of the pension insurance scheme, which are in office at the date of entry into force of this Act, remain in office until the re-election referred to in paragraph 2. (2) Up to the election of a step-by-step representation in accordance with the provisions of the Personnel representation act of August 5, 1955 (Federal Law Gazette). 477), which must be initiated no later than 18 months after the entry into force of this Act, a main staff council shall be set up as follows:
a)
The number of members of the Main Personnel Council is governed by the provisions of the Staff Regulations Act.
b)
The composition of the main staff council depends on the number of employees of the former holders of the Knappschaftsversicherung on the total staff strength of the Bundesknappschaft at the time of the entry into force of this law; In so doing, account shall be taken of each previous institution of financial security and of the previous working group of crunchings with at least one member.
c)
The individual members of the main staff council and a corresponding number of personal deputies shall be taken by decision of the staff councils of all the services of the former holders of the security insurance scheme, including the Working community of the Knappschaften posted. In this connection, the groups of officials, employees and workers must be represented in part.
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Section 22

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

Section 23

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§ 24

Article 2 (5) (3) shall also apply to officials of the Bundesversicherungsanstalt für Anemployee, where the supply case occurred before the entry into force of this Act. In so far as this results in a higher supply for them or their survivors, the higher pension benefits shall be payable from the entry into force of this law. Unofficial table of contents

Section 25

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Unofficial table of contents

Section 26

(1) This Act shall enter into force on the first day of the month following its announcement. (2) With the entry into force of this Act, all provisions contrary to or equal to this Law shall enter into force, in particular ... (3)