Law Establishing The Federal Associations

Original Language Title: Gesetz zur Errichtung der Bundesknappschaft

Read the untranslated law here: http://www.gesetze-im-internet.de/bkneg/BJNR009749969.html

Law establishing the Federal associations (Federal associations construction law BKnEG) BKnEG Ausfertigung date: 28.07.1969 full quotation: "Federal associations establishment Act of July 28, 1969 (BGBl. I p. 974), most recently by article 15 paragraph 91 of the law of February 5, 2009 (BGBl. I S. 160) has been changed" stand: last amended by article 15 para 91 G v. DSDS I 160 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1.1.1982 +++) input formula the Bundestag approved the following law with the consent of the Bundesrat: type 1 type 2 type 3 type 4 transitional and final provisions I. resolution assets transitional article 1, the predecessor the associations of Kingdom of is dissolved with the entry into force of this Act.

§ 2 (1) the assets (property and other proprietary rights) of Empire Knappschaft passes resolution on the Federal associations with the proviso that the assets of the former miners pension assets the miners pensions insurance and the assets of the former miner health insurance to feed the assets of miners health insurance is.
(2) paragraph 1 shall apply also for non-transferable rights and those whose Abtretung is excluded by agreement.

§ 3 (1) skip the liabilities related to the assets pursuant to section 2 of this article in legal or economic context, subject to the provisions in intergovernmental agreements on the Federal associations. Sentence 1 shall apply accordingly for liabilities arising from contracts with Sprengel doctors or other doctors about the granting of old-age and survivor's pension, unless the beneficiary has his domicile or permanent residence within the territorial scope of this Act.
(2) by the transfer of the liabilities are the rights of the creditor, especially his claims against a guarantor, as well as his rights from a lien, a mortgage or other security is not affected. article 418 of the civil code does not apply.
(3) real rights to real estate, things and rights which fall under article 2, paragraph 1 and 2 of this article, remain in place.

§ 4 as far as the previous winners of the insurance of associations and the Association of provident met contractual dispositions of property rights within the meaning of section 2 of this article, they are considered authorised.

§ 5 on demand is the Federal associations to give information in paragraphs 2 to 4 of this article financial circumstances referred to.

§ 6 (1) belongs the ownership of a plot of land pursuant to section 2 of this article to the assets of the Federal associations, the request for rectification of the land register of the Federal associations is to provide. The application must be signed by the Chairman of the Board of Directors and a member of the Management Board of the Federal associations and with the official seal. The proof of ownership to the land registry office is sufficient to be recorded in the application explaining that the land belongs to the assets of the Federal associations. The property must be entered for the "Federal associations, public corporation".
(2) paragraph 1 shall apply to other registered in the land register rights according to.

§ 7 (1) transactions and negotiations, serving the implementation of paragraphs 2 to 6 of this article, including the correction of the public books, are free of fees, taxes and costs; This also applies to activities - and certification fees, but not for the costs of litigation.
(2) the fees, tax and delivery freedom is to recognize by the competent authority without further scrutiny, if the Federal associations confirmed that the measure is the implementation of paragraphs 2 to 6 of this article.

§ 8 the stewardship of the Federal Government and the State of Berlin, the property and the other property rights of imperial associations goes out with the entry into force of this Act.

§ 9 (1) the previous winners of the insurance of associations and the Association of provident are solved with the entry into force of this Act.
(2) with the day of the resolution go over their assets (property and other property rights) as well as their liabilities on the Federal associations. Sentence 1 does not apply the miners pension insurance with the exception of liabilities of the Federal Government liabilities between the Federal Government and the previous winners of the Knappschaft insurance from the area according to § 128 of the imperial associations Act. § Apply accordingly § 2, 3 para 2 and 3 and sections 5 to 7 of this article.
II. transfer of employees and workers, as well as the Federal associations occurs with the date of entry into force of this act as an employer in the service and employment relationships of supply load section 10 a, which are designated public corporations and their employees on the aforementioned date between the in the articles 6 and 12 of the Knappschaftsversicherungs adjustment Act or in section 6 of the Saar Associations Act.

(dropped out) § 12 who upon entry into force of this Act in a body referred to in article 10, paragraph 1 employs § 11 and approved designated examination to prepare one in section 11, sentence 1 No. 2, or eight years after the entry into force of this law would have to be left can, can be set under appeal in the civil servant subject to revocation in the preparatory service for the respective career , when he described the Nos. 1 and 2 of the federal civil servants act in article 7, paragraph 1 complies with requirements. The legal career qualifications requirements is considered to be fulfilled. The preparation service you can be counted after admission to the preparation in paid employment relationship service time. The candidate can in section 11, sentence 1 No. 2 referred to as career exams exams.

§ 13 (dropped out) § 14 legal relationships of propriety service officers, who are not appointed to the civil servant, as well as their Versorgung determine the service contract upon entry into force of this Act and for this decisive entry into force this law regulations. The same applies to the supply of their survivors.

§ 15 the obligation to supply the former service accounts employees who walk designated authorities and the surviving of this service properly provided with the entry into force of this Act in section 10, paragraph 1 on the Federal associations of. This occurs in the rights and obligations of the employer committed to supplying after the service contract. The supply depends on the supply regulations, which are applicable at the entry into force of this Act in the case. Be hereafter covers of the care recipient generally increases or decreases, so increase or decrease from the same time on the pensions of persons referred to in sentence 1 according to.

Section 16 (1) the Federal associations is appropriate body within the meaning of section 61 of the Act regulating the legal relations of falling under article 131 of the Constitution persons compared to 1 the Empire Knappschaft, 2 the Central charge of brother in Prague, 3. the social insurance institution Topoľčany, 4. the brother load of Yugoslavia, 5. the brother load Romania, 6 the brother load Hungary, 7 the pension Institute, the Ferdinand Northern Railway in Moravia-Ostrava (points 8 and 12 of Appendix A to § 2 (1) of the Act).
(2) the Federal Minister of the Interior is authorized by decree with the consent of the Federal Council only after the promulgation of this law under the arrangements contained in paragraph 1 to include determined facilities (A) section 2 (1) of the Act referred to in paragraph 1.
(3) on employees and workers who were employed and 1 have lost their jobs from other than dienstordnungs - or contractual reasons and not their previous legal status according to have been reused or their sixty-fifth year of age 2 before entry into force of the Act referred to in paragraph 1 or have become unfit for service on May 8, 1945 at departments of the Kingdom associations in the area of application of this Act and others as dienstordnungs - or contractual reasons corresponding to no, or no supply received , as well as on their surviving dependants to apply section 62 of the Act referred to in paragraph 1, according to.
(4) Supreme Administrative authority for the application of paragraphs 1 and 3 is the Board of Directors of the Federal associations.
III. excess cable provisions article 17 (1) until the end of the fourth legislature of the institutions selected according to the self-government law applies following transitional arrangements: a) is the representative Assembly of Federal associations to form the members of representative assemblies of the previous winners of the associations insurance. It consists of 60 members, including 32 members to the representatives of the insured employee 8 members on the representatives of the employer on the representatives of insured workers 20 members.
Representatives of workers, employees and the employer of all representative meetings choose separately according to the attributable to members of the representative Assembly of Federal associations on the basis of proposal lists.
(b) the representative Assembly elects the Board of Directors of the Federal associations. The Board consists of 30 members.
(c) the representative Assembly of a section is to form, residing in the area of the section of the members of representative assemblies of the previous winners of the associations insurance. The representative Assembly of the section elects the Board of the section.
The self-government law and the election regulations apply for the social security accordingly.
(2) the organs of the Federal associations are three months after the entry into force of this Act to make.
(3) the Board of Directors of the Association of provident perceives the role and powers of the Management Board of the Federal associations, until it convenes its first meeting.

§ 18, the Managing Director of the Association of provident perceives up to section 157, paragraph 1, of the imperial associations Act by the entry into force of this law on the duties of the members of the Management Board of the Federal associations whose appointment after.

§ Has 19 the Federal associations within one year after entry into force of this Act to adopt the autonomous regulations required. Until these rules are adopted in their areas will the autonomous rules of the existing provident. Changes are 2 autonomous legislation until the formation of the Federal associations representatives meeting in record required, these are to decide by the existing institutions of the carrier of the Knappschaft insurance as organs of Federal associations for their previous area. § 154 para 3 sentence 3 of the imperial associations Act applies.

Section 20 to the adoption of a regulation in accordance with § 147 of the imperial associations Act the federal budget legislation apply for drawing up and implementing the budget and for the audit and for the payments, the accounting and financial reporting that for the winners of the social health insurance relevant regulations accordingly.

The previous winners of the associations insurance staff councils located at entry into force of this law in the official until new elections pursuant to paragraph 2 in the official § 21 (1).
(2) until the election of levels of representation according to the provisions of the staff representation Act of August 5, 1955 (Bundesgesetzbl. I S. 477), the 18 months after the entry into force of this Act must be initiated at the latest, a main staff Council is formed as follows: a) the number of members of the main personnel Council depends on the provisions of the Staff Committee.
(b) the composition of the main personnel Council according to the numerical proportion of employees of the previous winners of the associations insurance on the total personnel strength of Federal associations at the time of entry into force of this Act; all former winners of the associations insurance and the former Association of provident with at least one Member should be noted.
(c) the members of the main personnel Council and an appropriate number of personal deputies are sent by decision of the staff councils of all departments of the previous winners of insurance of associations including the Association of provident. While the Group of officers, employees, and the workers must be proportionately represented.

Section 22 as far as referenced in this or other laws provisions or terms are used that are changed by this law, the relevant provisions and terms this Act be replaced.

Article 23 - article 24 Article 2 § 5 No. 3 is to apply also to officials of the federal insurance institution for employees where the event prior to the entry into force of this Act has occurred. As far as this for them or their survivors a higher supply results from the higher pension payments, from the entry into force of this Act are paid.

25. this law applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. § I p. 1) also in the Federal State of Berlin. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.

Section 26 (1) this Act enters into force on the first day of the month following its promulgation.
(2) with the entry into force of this Act are all conflicting with this law or identical rules override, in particular...
(3)