Law on Conterganation Foundation for Disabled People (Conterganstiftungsgesetz-ContStifG)

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ContStifG

Date of completion: 13.10.2005

Full quote:

" Conterganstiftungsgesetz (Conterganstiftungsgesetz) in the version of the announcement of 25 June 2009 (BGBl. I p. 1537), which is defined by Article 1 of the Law of 26 June 2012 (BGBl. I p. 1847) "

Status:	New by Bek. v. 25.6.2009 I 1537
	Amended by Art. 1 G v. 26.6.2012 I 1847

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 19.10.2005 + + +) 

  

Section 1
General provisions

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§ 1 Name of the Foundation

The provisions of the Law of 17 December 1971 (BGBl. 2018, 1972 I p. 2045) (hereinafter referred to as the Law on the Law of the Era), as last amended by Article 19 of the Law of 27 December 2003 (BGBl. I p. 3022), the foundation "Relief and Works for Disabled Children" is named "Conterganstiftung für handicapped Menschen" ("Conterganstiftung für handicapped Menschen"). Unofficial table of contents

§ 2 Purpose of the Foundation

The purpose of the foundation is to connect disabled people, whose malformations with the intake of thalidomide-containing preparations of Grünenthal GmbH, Aachen (formerly Chemie Grünenthal GmbH in Stolberg), by the mother during pregnancy in connection with can be brought,

1.

to provide services and

2.

to provide them with assistance through the promotion or implementation of research and testing projects in order to support their participation in the life of society and to mitigate the impairments caused by the consequences of late.

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§ 3 Tax benefit

The Foundation pursues exclusively and directly tax-privileged purposes within the meaning of § § 51 to 68 of the German Tax Code. Unofficial table of contents

§ 4 Foundation assets

(1) The Foundation's assets shall consist of:

1.

the funds provided by the Confederation of the Foundation for the performance of financial compensation and contor pensions pursuant to Article 13 (1) and for the necessary administrative costs;

2.

the funds of up to EUR 30 million per year, which the Federal Government makes available for services to meet specific needs;

3.

a grant of 50 million euros from Grünenthal GmbH, which is to be paid on 15 July 2009;

4.

the funds amounting to EUR 51 129 000, which the Federal Government has made available pursuant to Article 4 (1) (1) of the Law on the Law of the Era;

5.

the benefits referred to in paragraph 2

(2) The Foundation shall be entitled to accept grants from third parties. The foundation advertises additional donations to third parties. Unofficial table of contents

Section 5 Institutions of the Foundation

Bodies of the Foundation shall be

1.

the Board of Trustees,

2.

of the Board of Trustees.

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§ 6 Board of Trustees

(1) The Board of Trustees shall consist of at least five members and at most seven members. Deputy is allowed. Three members are appointed by the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth in agreement with the Federal Ministry of Finance and the Federal Ministry of Labour and Social Affairs. Two other members are appointed by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth on a proposal of the persons referred to in § 2. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is able to appoint up to two additional members from the scientific community. The sentences 3 to 5 shall also apply to the alternates. (2) The Board of Trustees shall elect the Chairperson or the Chairman and the Chairpersons of the Board of Directors appointed by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. Vice-chairmen or vice-chairmen with a simple majority. Repeated choice is allowed. (3) The term of office of the members of the Board of Trustees and their alternates shall be five years. If a member or his deputy or deputy leaves the office early, a successor or successor is appointed or appointed for the remainder of the term of office. Repeated appointment or appointment is permissible. (4) The members of the Board of Trustees are voluntary; they are entitled to the replacement of their necessary expositions. (5) The Board of Trustees works on the basis of its rules of procedure; amendments shall decide by a simple majority. The meetings of the Board of Trustees are public. A non-public may only be negotiated if it requires the public good or the legitimate interests of individuals; it is not necessary to negotiate publicly on objects in which these conditions are available. Decisions taken at a non-public meeting in accordance with the second sentence shall be notified after the restoration of the public or, if this is not appropriate, at the next public meeting, unless the public good or the legitimate person concerned. (6) The Board of Trustees decides on all fundamental questions which belong to the remit of the Foundation. He monitors the activities of the Board of Trustees. (7) The Board of Trustees shall establish guidelines for the use of the funds, insofar as the use is not already established by this law; these guidelines require the approval of the Federal Ministry for Family, Senior Citizens, Women and Youth. (8) The Board of Trustees shall vote in favour of elections pursuant to paragraph 2 and decisions pursuant to paragraph 5, when half of the members are present. The other regulations on required majorities and quorum shall apply to the statutes. Unofficial table of contents

§ 7 Board of Trustees

(1) The Board of Trustees shall consist of the Chairperson or the Chairman and at most two other members. A member of the Board of Trustees must itself be entitled to benefit in the sense of this Act. (2) The members of the Board of Trustees shall be appointed by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in agreement with the Federal Ministry of Education and Research. (3) The term of office of the Board of Trustees is five years. If a member leaves early, a successor or successor will be appointed for the remainder of the term of office. The members of the Board of Trustees are voluntary; they are entitled to the replacement of their necessary expositions. (5) The Board of Trustees executes the decisions of the Board of Trustees and conducts the business of the Foundation. These operations include, in particular, the allocation of the Foundation's funds and the monitoring of their appropriate and economic use by the Foundation. He represents the Foundation in court and out of court. (6) In order to assist in the performance of his duties, the Board of Management may, in agreement with the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, and the Federal Ministry of Finance up to two full-time managing directors. (7) The details of the articles of association are laid down. Unofficial table of contents

§ 8 Statute

The Board of Trustees may amend the Articles of Association of the Foundation with the approval of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in agreement with the Federal Ministry of Finance. Unofficial table of contents

§ 9 Use of funds

The funds of the Foundation may only be used for the Foundation's purposes. Unofficial table of contents

§ 10 Supervision, Budget, Auditing

(1) The Foundation is subject to the supervision of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. (2) The Foundation has to draw up a budget in good time before the beginning of each financial year. The budget and the annual accounts require the approval of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. The statutes are set out in detail. (3) Audit Office is the Federal Audit Office.

Section 2
Benefits due to contergant damage

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§ 11 Use of the Foundation's assets

The services provided under this section shall be made up of the Foundation's assets. The following are to be used:

1.

for the annual special payments to the persons entitled to benefits in accordance with § § 12 and 13

a)

the resources referred to in Article 4 (1) (2) and the income derived therefrom, and

b)

the appropriation in accordance with Article 4 (1) (3) of EUR 50 million and the proceeds from it since 1 January 2009;

2.

the funds referred to in Article 4 (1) (2) for the services to cover specific needs, provided that these services are not taken over by another cost-holder in individual cases;

3.

in the case of the other services provided for in this Section, the appropriations in accordance with Article 4 (1) (1), with the exception of the appropriations for the necessary administrative costs.

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§ 12 Persons entitled to benefit

(1) Benefits due to malformations that may be associated with the intake of thalidomide-containing preparations of Grünenthal GmbH, Aachen, which may be associated with the mother during pregnancy, shall be granted to disabled persons, who shall be The entry into force of the law on the law of the law lived, and in accordance with the second sentence of § 13 (5) of the law on the establishment of the law. (2) Benefits according to § 13 of the law on the law of the law were not asserted within the time limit laid down therein, the Conterganrente and a capital compensation for the period from 1 July 2009 be applied for. Unofficial table of contents

§ 13 Type and extent of benefits for disabled persons

(1) The persons referred to in § 12 shall be the benefits of capital compensation, benefits to meet specific needs and, subject to the provisions of the third sentence of paragraph 2, life-long conterganrents and an annual special payment, which for the first time shall be awarded to the The year 2009 is granted. The services to cover specific needs and the annual special payments shall only be made insofar as the funds are available for this purpose in accordance with Section 11, second sentence, points 1 and 2 of the Foundation's assets. (2) The amount of the capital compensation, the conterganrente and the annual special payment depends on the severity of the body damage and the body dysfunction caused by this. The capital compensation shall be at least EUR 1 278 and a maximum of EUR 12 782, and the monthly contergant pension with effect from 1 January 2013 shall be at least EUR 612 and not more than EUR 6 912. In light cases, the benefits are to be limited to the compensation of capital. The amount of the Conterganrente will be adjusted by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in accordance with the percentage of the pension of the statutory pension insurance. The adjustment in accordance with the fourth sentence shall take place at the same time as the pensions of the statutory pension insurance scheme are adjusted. (3) Conterganrente shall be capitalised upon request, in so far as the amount for the acquisition or the economic Strengthening of own property is used for own housing purposes. § § 72, 73, 74 (3) sentence 1, § § 75, 76 and 77 (1) sentence 3 and (3) of the Federal Law of Supply (BundesSupply Act) shall apply accordingly. Section 75 (1), second sentence, of the Federal Supply Act shall apply with the proviso that the sale and loading of the land acquired or economically strengthened with the capital settlement, inheritance law, residential property or Building rights within the time limit for which the Conterganrente has been capitalised are only permitted with the approval of the Foundation. The costs of the registration of a restriction of disposal pursuant to § 75 (1) sentence 2 to 4 of the Federal Supply Act into the land register shall be borne by the person entitled to benefit. In addition, the Conterganrente shall be capitalised upon request, if this is in the legitimate economic interest of the disabled person. Incidentally, the Conterganrente may be partially capitalised on request, if this is in the interest of the disabled person. Capitalisation shall be limited to the contergant pension for a period of not more than ten years. The right to Conterganrente, in whose place the capital settlement occurs, shall expire for the duration of the period for which the capital settlement is granted, with the end of the month following the month of payment of the severance payment. (4) The payments the Conterganrente start at the earliest with the application month. If the application is made within three months of the entry into force of the law on the law of the law, the Conterganrente shall be granted from the date of entry into force. The annual special payments shall begin in accordance with the first sentence of paragraph 1 with the year in which the application has been made on the basis of a contergant pension. (5) The claims to the benefits referred to in paragraph 1 may not be transferred, pledged or will be paved. Hereditary are merely claims on capital compensation, on conterganrente and on the annual special payment, which have already become due at the time of the death of the person entitled to benefit, only if the person has been due by their Spouses, their partner, their partner, their children or their parents is inherited. (6) The rules and regulations are laid down in the rules of the law. The Articles of Association shall, in particular, lay down provisions on the conditions and the extent of the capitalisation of the contergant pension referred to in the fifth and sixth sentences of paragraph 3 and on the nature of the calculation of the amount of the capital. In particular, the Directives shall lay down the rules under which, on the basis of the resources at its disposal, benefits are to be calculated in accordance with this Section and, in accordance with the procedure for the award of benefits, to cover specific These guidelines are issued by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. (7) Conterganrente increases the number of persons entitled to benefit, whose conterganrents are capitalized in accordance with paragraph 3. (8) The recovery of injustiable benefits shall be subject to the following: Regulations of the Federal Administrative Procedure Act accordingly. § 118 (3) and (4) of the Sixth Book of the Social Code shall apply accordingly. Unofficial table of contents

§ 14 Rate of return

The capital compensation in accordance with § 13 para. 2 is to be galvanised from the application date with 2 percent above the base interest rate according to § 247 of the Civil Code annually. Unofficial table of contents

Section 15 Special arrangements for foreign cases

(1) If the person entitled to benefits or their legal representatives have their residence or habitual residence outside the scope of this Act, they shall be entitled to benefits under the provisions of this Law only if they: Declare in advance in writing that they have the right to assert any claims against Grünenthal GmbH, its shareholders and shareholders, managing directors and employees who are responsible for taking thalidomide-containing Preparations are returned irrevocably. (2) On the Benefits under this Act are credited to payments which have already been made by other persons responsible for taking thalidomide-containing preparations. The payment of capital and the pension rights are credited to payments made by others, in particular foreign countries, due to the ingestion of thalidomide-containing preparations. Unofficial table of contents

Section 16 Course of proceedings

(1) Services shall be granted on request. The annual special payments shall also be made without a request to the persons who receive a contor's pension. (2) A Commission consisting of at least five members, which shall be set up at the Board of Trustees, shall decide whether or not to: In the event of a claim under this Section, the Commission shall assess the damage in accordance with the provisions of the Directives. (3) The President of the Commission or the Chairman of the Commission must have the competence to judge; the Commission shall also be composed of medical experts. of different departments. If necessary, several commissions can be set up. (4) The members of the commissions are appointed by the Board of Trustees. (5) In case of doubt, the Commission has before its decision on whether a malformation within the meaning of § 12 (6) The Board of Trustees shall, on the basis of the decision and the evaluation of the Commission referred to in paragraph 2, carry out the benefits, with the exception of benefits to cover specific needs, after In accordance with Section 13 (6), the guidelines are laid down by written administrative act. The Board of Trustees shall set out the services to meet specific needs without decision and evaluation by the Commission by means of a written administrative act. Unofficial table of contents

§ 17 Treatment of benefits under this Act in the application of other laws

Benefits under this section are income tax free. Claims for such services do not belong to the other property within the meaning of the valuation law. Unofficial table of contents

§ 18 Relationship with other claims

(1) In the determination or settlement of income, other income and property in accordance with other laws, in particular the Second, Third, Fifth and Twelfth Book of Social Code and the Civil Code, benefits shall remain after this (2) The law shall not affect the obligations of other people, in particular those of a lower person, and the institution of social assistance or other social benefits. The transition of the maintenance rights of the entitled person to their spouse, their partner, their children or their parents according to § 94 of the Twelfth Book of the Social Code means an unequal hardship in accordance with § 94 (3) sentence 1 Number 2 of the Twelfth Book of the Social Code. In the case of assistance after the fifth to ninth chapters of the Twelfth Book of the Social Code, the person entitled to benefit and her spouse or life partner who is not living separately is the provision of the income from the income in accordance with § 19 (3), § § § § 19 (3) § 19 (3). 87 (1) of the Twelfth Book of the Social Code. The use of the assets of the entitled person and of their non-separately living spouse or partner according to § 19 (3), § 90 (3) sentence 1 of the Twelfth Book of the Social Code represents a hardship. The provisions of other bodies which are not subject to legislation may not be failed because they provide for benefits under this law.

Section 3
Project funding

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Section 19 Financial equipment

For measures under this section, use shall be made of:

1.

the proceeds of the funds referred to in Article 4 (1) (3), which do not fall under Article 11, second sentence, No. 1;

2.

Grants pursuant to § 4 (2), unless the person or the person in question has determined otherwise.

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Section 20 Support measures

(1) In order to achieve the purpose referred to in Article 2 (2), the Foundation may promote or carry out individual projects of scientific research, development and testing of specific treatments and other measures. (2) Die vor The entry into force of this law will be brought to an end. (3) A claim for funding from the Foundation does not exist. Unofficial table of contents

Section 21 Public procurement plan

The Board of Trustees, with the agreement of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, shall draw up a procurement plan for two financial years, which shall determine the financial framework for the funding. The Executive Board decides on the implementation of the plan in individual cases.

Section 4
Closure and transitional provisions

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Section 22 Procedure

To the extent that no specific procedural regulations have been made pursuant to this Act, the Administrative Procedure Act of the Federal Government shall apply. Unofficial table of contents

§ 23 Legal Way

Disputes relating to claims under this Act shall be subject to administrative law. Unofficial table of contents

Section 24 Transitional provision

The term of office of the members of the Foundation's institutions, which shall be incumbent upon the entry into force of this Act, shall end with the appointment of members of the new Foundation Unofficial table of contents

Section 25 Report

The Federal Government shall submit a report to the German Bundestag, at a distance of two years, on the effects of this Act and on the further development of these provisions, if necessary. The report shall not contain any personal data.