Federal Scarcity Law (Bundesknappschaft-ErDirectgesetz-BKnEG)Non-official table of contents
Date of expander: 28.07.1969
" Bundesknappschaft-ErDirection gesetz vom 28. July 1969 (BGBl. 974), as last amended by Article 15 (91) of the Law of 5. February 2009 (BGBl. I p. 160) has been amended "
|:||Last modified by Art. 15 para. 91 G v. 5.2.2009 I 160|
For details, see Notes
(+ + + Text credits: 1.1.1982 + + +) Non-Official Table of Contents
The Bundestag, with the approval of the Bundesrat, has approved the following law:
Transition and Final Provisions
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Asset Transition Resolution
The Reichsknappschaft is dissolved with the entry into force of this law. Non-official table of contents
(1) The assets (property and other property rights) of the Reichsknappschaft are resolved with their resolution to the Bundesknappschaft, with the proviso that the assets of the former pension insurance pension insurance cover the assets of the pension insurance scheme and the assets of the former health insurance cover Health insurance is to be supplied.(2) Paragraph 1 shall also apply to non-transferable rights and to those whose assignment is excluded by agreement. Non-official table of contents
(1) The liabilities that are related to the assets in accordance with § 2 of this article in legal or economic terms Related issues, subject to the regulations in intergovernmental agreements, go to the Federal Cnapphood. 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 the application. of this law.(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 from a lien, a mortgage, or any other security. § 418 of the Civil Code does not apply.(3) Dingliche rights to land, property and rights which fall under § 2 (1) and (2) of this article remain. Non-official table of contents
As far as the previous carriers of the Knappschaftsversicherung and the Arbeitsgemeinschaft der Knappschaften They shall be deemed to have the right to dispose of property rights within the meaning of Article 2 of this Article. Non-official table of contents
Upon request, the Federal Cnappship shall be informed of the information referred to in § § 2 to 4 of this article. To give assets. Non-official table of contents
(1) The property is owned by a property in accordance with § 2 of this article on the assets of the Bundesknappschaft, so the Request for correction of the basic book from the Federal Cnapphood. 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. Non-official table of contents
(1) Transactions and negotiations that are used to implement § § 2 to 6 of this article, including the Correction of the public books, are free of fees, taxes and expenses; this also applies to certification and certification fees, but not to the cost of a lawsuit.(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 § § 2 to 6 of this Article serves. Non-official table of contents
The trusteeship of the federal government and the federal state of Berlin on the property and other property rights of the Reichsknappschaft comes out with the entry into force of this law. Non-official table of contents
(1) The previous sponsors of the Knappschaftsversicherung and the Arbeitsgemeinschaft der Knappschaften are with Entry into force of this law.(2) With the date of dissolution, their assets (property and other property rights) as well as their liabilities shall pass over to the Federal Cnapphood. Sentence 1 shall not apply to liabilities between the Federal Government and the previous holders of the insurance cover from the area of the pension insurance scheme with the exception of liabilities of the Federal Government pursuant to § 128 of the Reichsknappschaftsgesetz. § § 2, 3 para. 2 and 3 and § § 5 to 7 of this article apply accordingly.
II. A non-official table of contents
Assumption of employees and workers as well as the supply load
The Bundesknappschaft will enter into service and employment relationships with the date of entry into force of this Act, which will be part of the The time between the bodies of public law and their employees referred to in § § 6 and 12 of the Law on Scarcity Insurance or in § 6 of the Law on the Law of the Law of the Law of the Saar. unofficial table of contents
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If, on the date of entry into force of this Act, the body is employed for a body referred to in § 10 para. 1 and is admitted to the preparation for a test referred to in § 11 sentence 1, no. 2, or within eight years after the entry into force of this Act could have been granted, the appointment of the civil servant to the preparatory service for the respective career path may be terminated if he or she has the right to revocation in the preparatory service if he or she is responsible for the relevant career in the preparatory service. Federal Civil Service Act (Bundesbeamtengesetz). 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 examinations referred to in Article 11, first sentence, no. 2, as runway tests. unofficial table of contents
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The legal relationships of employees who are not appointed to the civil service contract and their supply are determined after the entry into force of this law. The service contract and the service order applicable to it at the date of entry into force of this Act. The same applies to the supply of their surviving levels. Non-official table of contents
The obligation to supply the former employees of the service in accordance with § 10 para. 1 With the entry into force of this law, the authorities and the surviving dependants of these employees are going to the Federal Cnappies. 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 same date. Non-official table of contents
(1) The Bundesknappschaft is a corresponding institution within the meaning of Section 61 of the Act to regulate the Legal relationships of persons referred to in Article 131 of the Basic Law against
- the Central Brotherlade in Prague,
- the Social Insurance Institution Topolchan,
- the Bruderlade Yugoslavia,
- the Bruderlade Romania,
- Bruderlade Hungary,
- the Pensionsinstitut of the Ferdinands-Nordbahn in Mährisch-Ostrau
(points 8 and 12 of Appendix A to § 2 para. 1 of the law). (2) The Federal Minister of the Interior is authorized to use the law with the consent of the Federal Council only after the date of the announcement of this law. Annex A to section 2 (1) of the law referred to in paragraph 1 shall be included in the scheme set out in paragraph 1.(3) Employees and workers on the 8. May 1945 at the services of the Reichsknappschaft in the scope of this law were employed and
- have lost their workplace for reasons other than service or collective bargaining, and have not been repurposed in accordance with their former legal status or
- before the entry into force of the law referred to in paragraph 1, have completed the sixty-fifth year of life, or have become incapaciated, and from other than § 62 of the law referred to in paragraph 1 is to be applied in accordance with the law referred to in paragraph 1.
, and on their survivors 'survivors' rights, the law shall apply mutas to the survivors.(4) The Board of the Bundesknappschaft shall be the Supreme Service Authority for the application of paragraphs 1 and 3.
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(1) Until the end of the fourth parliamentary term of the institutions elected under the Self-Government Act, the following transitional arrangements apply:
- The representative assembly of the Bundesknappschaft is made up of the members of the representatives ' meetings of the to form the previous institution of the security insurance scheme. It is made up of 60 members, of which
|the representatives of the insured workers||32 Members|
|on the representatives of the insured employees||8 members|
|on the representatives the employer||20 members.|
- The Representatives of the workers, the employees and the employers of all the representatives ' meetings separately choose the members of the representative assembly of the Federal Cnappy for themselves on the basis of proposals for proposals.
- The representative assembly elects the Executive Board of the Federal Cnapphood. The Board of Directors is made up of 30 members.
- The representative assembly of a section is composed of the members of the representatives ' meetings of the previous sponsors of the To form a security insurance company resident in the section of the Section. The representative assembly of the Section elects the Management Board of the Section.
The Self-Government Act and the Electoral Regulations for Social Security shall apply accordingly.(2) The organs of the Bundesknappschaft shall be formed within three months of the entry into force of this law.(3) The Executive Board of the Working Group of the Knappings shall carry out the tasks and powers of the Board of the Federal Cnappship until it meets at its first meeting. Non-official table of contents
The managing director of the working group of the Cnappies assumes the entry into force of this law to the Duties of the members of the Executive Board of the Bundesknappschaft until their appointment in accordance with § 157 (1) of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz). Non-official table of contents
The Bundesknappschaft has the necessary autonomous authority within one year of the entry into force of this law. Rules to be adopted. 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 sentence 2 are required until the formation of the representative assembly of the Bundesknappschaft, the latter shall be the institutions of the Federal Republic of Germany from the institutions of the financial insurance institution to which they have been responsible. for their existing area. § 154 (3) sentence 3 of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz). Non-official table of contents
Until the adoption of a legal regulation in accordance with § 147 of the German Reichsnappschaftsgesetz (Reichsknappschaftsgesetz), the list shall apply to the establishment and Implementation of the budget and for auditing the provisions of the federal budget law and for the payments, accounting and accounting of the rules applicable to the social health insurance institutions accordingly. Non-official table of contents
(1) The members of the staff councils of the previous institutions that are in office when this Act enters into force. Pension insurance shall remain in office until the re-election referred to in paragraph 2.(2) Up to the election of a phased representation in accordance with the provisions of the Personnel Representation Act of 5. August 1955 (Bundesgesetzbl. 477), which must be initiated no later than 18 months after the entry into force of this Act, a main staff council shall be formed as follows:
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- The number of members of the Main Personnel Council is governed by the provisions of the Personnel Representation Act.
- The composition of the main staff council is based on the number of employees of the previous holders of the pension insurance in the total staff strength of the Bundesknappschaft at the date of entry into force of this Act, taking into account any previous institution of the Knappschaftsversicherung and the previous working community of the Knappschaften with at least one member.
- The individual members of the main staff council and a corresponding number of personal deputies will be appointed by decision of the staff councils of all departments of the previous Holders of financial insurance, including the working group of the consals, are posted. In doing so, the groups of officials, employees and workers must be represented in terms of representation.
referred to in this or other laws for provisions or names which are amended by this Act, their place shall be replaced by the relevant provisions and designations of this Act. Nonofficial table of contents
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Article 2 (5) no. 3 shall also apply to officials of the Federal Insurance Office for employees in which 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. Non-official table of contents
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. Non-official table of contents
(1) This law 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 be repeal, in particular ...(3)