Law On The Conterganstiftung For People With Disabilities

Original Language Title: Gesetz über die Conterganstiftung für behinderte Menschen

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Read the untranslated law here: http://www.gesetze-im-internet.de/contstifg/BJNR296700005.html

Law on the Conterganstiftung for disabled persons (Conterganstiftungsgesetz - ContStifG) ContStifG Ausfertigung date: 13.10.2005 full quotation: "Conterganstiftungsgesetz as amended by the notice of June 25, 2009 (BGBl. I S. 1537), by article 1 of the law of June 26, 2012 (BGBl. I S. 1847) has been changed" stand: Neugefasst by BEK. v. June I 1537 amended by art. 1 G v. 26.6.2012 I 1847 about the stand number found in the menu see remarks footnote (+++ text detection from: 19.10.2005 +++) section 1 General provisions § 1 name of Foundation by the Act of 17 December 1971 (BGBl. I S. 2018, 1972 I S. 2045) (hereafter: construction law), last amended by article 19 of the Act of 27 December 2003 (BGBl. I S. 3022) , built Foundation "Charity for disabled children" receives the name of "Conterganstiftung for people with disabilities".

§ 2 purpose of the Foundation is the purpose of the Foundation, people whose malformation associated with taking thalidomide-containing preparations of Grünenthal GmbH, Aachen (formerly Chemie Grünenthal GmbH in Stolberg), by the mother during pregnancy-related can be brought in to provide services 1 and 2 disabled them by promoting or conducting research and testing activities to provide assistance to support their participation in the life of society and to mitigate the adverse effects caused by complications.

§ 3 tax benefit the Foundation pursues tax-deductible exclusively and directly purposes within the meaning of paragraphs 51 to 68 of the tax code.

§ 4 endowments (1) the Foundation's assets consists of 1 means, that the Federal Government provides the Foundation for the performance of capital allowances and Conterganrenten according to § 13 para 1 as well as for the necessary administrative costs;
2. resources in the amount of up to EUR 30 million a year, which the Federal Government for services makes available to meet specific requirements;
3. a grant of 50 million euros of Grünenthal GmbH, which is on July 15, 2009;
4. the budget of 51 129 000 euros, which the Federal Government has made no. 1 of the construction law according to article 4, paragraph 1;
5. the grants after paragraph 2 and the wealth it generated.
(2) the Foundation is entitled to accept contributions by third parties. The Foundation attracts more donations from third parties.

§ 5 organs of the Foundation are 1. organs of the Foundation Board of Trustees, 2. the Board of Directors.

§ 6 Board (1) the Board consists of at least five and no more than seven members. Delegation is allowed. Three members appointed by the Federal Ministry for family, senior citizens, women and youth in agreement with the Federal Ministry of finance and the Ministry of labour and Social Affairs. Two other members are appointed by the Federal Ministry for family, on a proposal from the persons referred to in article 2 senior citizens, women and youth. The Ministry may call up to two further members for family, senior citizens, women and youth in science. The sentences 3 to 5 apply also to the representatives and Deputy.
(2) the Board of Trustees elects the Chairman and the Deputy Chairman, the Chairman or the Deputy Chairman by a simple majority of the members appointed by the Federal Ministry for family, senior citizens, women and youth. Repeating choice is allowed.
(3) the term of the members of the Board of Trustees and their representatives and deputies is five years. A member or any substitute or Deputy retires prematurely, a successor or a successor will be named for the remainder of the term or appointed. Repetitive designation or appointment is allowed.
(4) the members of the Board of Trustees are volunteers; they are entitled to compensation for their necessary expenses.
(5) the Board of Trustees works on the basis of its rules of procedure; He decides changes by a simple majority. The meetings of the Board shall be public. Not public must be negotiated only when the public good or legitimate interests of the individuals require it; Objects, where these conditions are met, must be negotiated not public. In closed session pursuant to sentence 2 decisions after you restore the public or, if this is not appropriate, in the next public meeting known are to be, if not the public good or legitimate interests of the individuals oppose.
(6) the Board of Trustees decides on all basic questions, which belong to the remit of the Foundation. It monitors the activities of the Board of Directors. The further regulates the Statute.
(7) the Board of Trustees establishes guidelines for the use of funds, as far as use is not already determined by this law; These guidelines require the approval of the Federal Ministry for family, senior citizens, women and youth.
(8) the Board of Trustees is paragraph 2 and resolutions for elections to after paragraph 5 quorum, if half of the members is present. The Statute meets the other provisions on required majorities and quorum.

§ 7 Board of Directors (1) the Board of Directors consists of the or the Chairman and not more than two other members. A member of the Board of Directors must be themselves eligible within the meaning of this Act.
(2) the members of the Board of Directors are appointed by the Federal Ministry for family, senior citizens, women and youth in agreement with the Federal Ministry of finance and the Ministry of labour and Social Affairs with the consent of the Board of Trustees.
(3) the term of Office of the Board of Directors is five years. A member retires prematurely, a successor or a successor is appointed for the remainder of the term. Reappointment is allowed.
(4) the members of the Board of Directors are volunteers; they are entitled to compensation for their necessary expenses.
(5) the Board of directors carries out the decisions of the Board and manages the Affairs of the Foundation. These transactions include in particular the awarding of the Stiftungsmittel and the monitoring of its adequate and economic use by the Foundation. He represents the Foundation and out of court.
(6) in order to assist in carrying out its tasks, the Management Board in agreement with the Federal Ministry for family, senior citizens, women and youth and the Ministry of finance can be up to two full-time managing directors or Managing Director.
(7) further regulates the Statute.

§ 8 statutes the Foundation Council may amend the articles of Association of the Foundation with approval of the Federal Ministry of family, senior citizens, women and youth in agreement with the Federal Ministry of finance.

Article 9 use of resources the resources of the Foundation may be used only for the purposes of the Foundation.

§ 10 supervisory, budgetary, audit (1) the Foundation is under the supervision of the Federal Ministry for family, senior citizens, women and youth.
(2) the Foundation has to prepare a budget in a timely manner before the beginning of each fiscal year. The budget and financial statements require the approval of the Federal Ministry for family, senior citizens, women and youth. The further regulates the Statute.
(3) the audit authority is the General Accounting Office.
Section 2 services due to thalidomide damage cases § 11 use of the Foundation's assets which are services under this section from the Foundation's assets. Are to be used: 1 for the annual special payments to the beneficiaries persons according to §§ 12 and 13 a) funds pursuant to § 4 para 1 No. 2 and the generated income as well as b) funds according to § 4 para 1 No. 3 in amount of 50 million euros and it since January 1, 2009 achieved income;
2. for the services to meet specific requirements means number 2, as far as these services in individual cases not by another cost carrier; taken over pursuant to § 4 paragraph 1
3. for the remaining services under this section the funds pursuant to § 4 para 1 No. 1 with the exception of funds for the necessary administrative costs.

§ 12 beneficiaries persons (1) benefits due to malformations that can be brought, taking thalidomide-containing preparations of Grünenthal GmbH, Aachen, by the mother during pregnancy-related are provided to disabled people who lived, and in accordance with section 13 paragraph 5 sentence 2 to their heirs and heirs upon entry into force of the construction law.
(2) services claims made according to section 13 of the establishment act within the specified time period, the Conterganrente and capital compensation for the period from 1 July 2009 can be requested.

§ 13 nature and extent of the services to disabled persons (1) are the persons referred to in article 12 as services capital compensation, set 3 lifelong Conterganrente, as well as a yearly payment to services to meet specific requirements, and subject to paragraph 2, which is granted for the first time for the year 2009. The services to meet specific requirements and the annual special payments are only made if it means number 1 and 2 in the Foundation's assets there are according to § 11 record 2.
(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 malfunction caused this. The capital compensation is at least 1 278 EUR and EUR 12 782, the monthly Conterganrente with effect from January 1, 2013 at least 612 euro and a maximum of 6 912 euros. In mild cases, the services on the capital compensation shall be limited. The height of the Conterganrente is adjusted by the Federal Ministry of family, senior citizens, women and youth respectively according to the percentage to change the pensions of the statutory pension insurance. The adjustment is made pursuant to sentence 4 respectively at the same time, be adapted to the pensions of the statutory pension insurance.
(3) on application, the Conterganrente is to capitalize, as far as the amount is used for the acquisition or the economic strengthening of own real estate for own residential purposes. The sections 72, 73, 74 paragraph 3 sentence 1, paragraphs 75, 76 and 77 para 1 sentence 3 and para. 3 of the Bundesversorgungsgesetzes find application. Section 75 subsection 1 sentence 2 of the Bundesversorgungsgesetzes shall apply with the proviso that the sale and strain of acquired with the lump-sum payment or economically strengthened land, ground lease, property or apartment ground lease are allowed only with the permission of the Foundation within the period for which the Conterganrente was capitalized. Beneficiaries who bear the costs of the registration of a restricted pursuant to § 75 para 1 sentence 2 to 4 of the Bundesversorgungsgesetzes in the land. In addition, there is the Conterganrente request to capitalize if this is in the legitimate economic interests of disabled people. In addition, the Conterganrente at the request can be capitalized partially if this is in the interests of the disabled people. The capitalization is limited to Conterganrente standing for a period of not more than ten years. The Conterganrente, which replaces the lump-sum payment, void for the duration of the period for which the lump-sum payment is granted at the end of the month, following the month of disbursement of the payment.
(4) the payment of the Conterganrente at the earliest begin the month of application. If the application is made within three months after the entry into force of the construction law, the Conterganrente from the date of entry into force of will be granted. The annual special payments start set 1 with the year in which the application on Conterganrente is sent in accordance with paragraph 1.
(5) claims can on the services referred to in paragraph 1 will not be transferred, pledged or attached. And only then, if the person is succeeded by her husband, her partner or her life partner, their children or their parents, only claims on capital compensation, on Conterganrente and on the annual special payment, which has become already due at the time of death of the person entitled to the performance, are hereditary.
(6) the statutes and guidelines govern details. The Statute applies in particular provisions on the conditions and the scope of the capitalisation of the Conterganrente pursuant to paragraph 3 movements 5 and 6 as well as the type of calculation of the amount of capital. In the guidelines is in particular to rules, according to which standards on the basis of the available services are measured under this section and how to shape is the procedure for the grant of benefits to cover specific requirements; These guidelines shall be adopted by the Federal Ministry for family, senior citizens, women and youth.
(7) also beneficiaries persons attend increases the Conterganrente, whose Conterganrente is been capitalized according to paragraph 3.
(8) the provisions of the administrative procedure act of the Federal Government for the recovery of wrongly supplied services shall apply mutatis mutandis. Article 118 par. 3 and 4 of the sixth book of the social code is correspondingly applicable.

§ Interest which is § 13 para 2 capital compensation after application with 2 percent above the base interest rate according to § 247 of BGB (Bürgerliches Gesetzbuch) (civil law every year to pay interest on 14.

Article 15 special arrangements for foreign cases (1) the performance authorized person or their legal representatives have their residence or habitual abode outside the scope of this law, so they receive services according to the provisions of this Act only if they declare in writing that they on the right to assert of any claims against Grünenthal GmbH, whose partners and shareholders, managing directors and Managing Director and employees, which are attributed to the ingestion of Thalidomide-containing preparations , irrevocably renounce.
(2) to the benefits under this Act payments be applied, that are been done due to the ingestion of Thalidomide-containing preparations already by other potentially responsible. On the capital compensation and the Conterganrente, payments which are carried out due to the ingestion of Thalidomide-containing preparations by others, especially by foreign countries, be applied.

§ 16 course of the proceedings (1) benefits are provided on request. The annual special payments be made even without request of the people, received a Conterganrente.
(2) an of at least five members existing Commission, who is on the Board of Directors, decides whether a claim exists under this section and assesses the damage in accordance with the guidelines.
(3) or the Chairperson of the Commission must have the qualification of judgeship; In addition the Commission consists of medical experts of various departments. Several commissions can be established if necessary.
(4) the members of the committees are appointed by the Board of Directors.
(5) the Commission has doubts before making their decision on the question of whether a malformation in the sense of article 12 is to obtain an advisory opinion.
(6) the Board of Directors on the basis of the decision and the Commission's evaluation sets the services, with the exception of services to meet specific requirements, referred to in paragraph 2 in accordance with the guidelines according to § 13 ABS. 6 by written administrative act. The Board of Directors without decision and review the Commission by written administrative act sets the services to meet specific requirements.

Section 17 provided pursuant to this Act with the application of other laws services under this section are einkommensteuerfrei. Entitlement to such benefits do not belong to other assets within the meaning of the assessment Act.

§ 18 relative to other claims (1) the determination or imputation of income, other income and assets according to other laws, in particular the second, third, fifth and twelfth book of social law and the civil law book, stay services according to this law out of consideration.
(2) obligations of others, in particular breadwinners classes not less and the institution of social assistance or other benefits, are not affected by this law. The transition of the maintenance of the person entitled to the performance compared to her husband, her life partner, their children or their parents according to § 94 of the twelfth book of the social code means an undue hardship according to § 94 paragraph 3 sentence 1 number 2 of the twelfth book of the social code. Assistance after the fifth through ninth chapters of the twelfth book of the social code the application of funds from the income according to § 19 paragraph 3 cannot be expected to article 87, paragraph 1, of the twelfth book of the social code is the person entitled to the performance and not separated spouse or life partner. The use of the assets of the person entitled to the performance and their spouses living separately or spouse according to § 19 paragraph 3, article 90 paragraph 3 sentence 1 of the twelfth book of the social code represents a hardship. Based on legislation services of other points on which no entitlement may be not denied, because services are provided under this Act.
Section 3 project promotion section 19 are funding for measures referred to in this section to use 1 income from the funds pursuant to § 4 para 1 No. 3, the not under section 11, sentence 2 No. 1;
2. grants according to § 4 paragraph 2, if not or the determined has determined otherwise.

Section 20 (1) promoting measures to achieve the in § 2 No. 2 of referred to in order to can promote the Foundation of individual projects of scientific research, development and testing of specific treatment methods and other actions or perform.
(2) the support measures granted before entry into force of this Act are completed.
(3) a claim for support from funds of the Foundation does not exist.

§ 21 procurement plan which is member of the Board with the approval of the Federal Ministry for family, senior citizens, women and youth for two years a procurement plan to, which lays down the financial framework for the promotion. The Board decides on the execution of the plan in some cases.
Section 4 final and transitional provisions article 22 procedure insofar as no special procedural rules have been made under this Act, apply the administrative procedure act of the Federal Government.

Section 23 legal action
Is the way of administrative law disputes concerning claims under this Act.

§ Ends 24 transitional provision the term of Office of the incumbent at the entry into force of this Act members of the Foundation's governing bodies with the appointment of the members of the new Foundation's governing bodies.

Article 25 reporting the Federal Government sets the German Bundestag every two years a report on the effects of this Act and if necessary further development of such rules before. The report must contain no personal data.