Regulation on the collection and transmission of data for the social security institutions (data collection and transmission regulation-DEÜV)

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DEÜV

Date of completion: 10.02.1998

Full quote:

" Data collection and transfer regulation in the version of the notice dated 23 January 2006 (BGBl. 152), the most recent of which is Article 3 (4) of the Law of 29 June 2015 (BGBl. I p. 1061).

Status:	New by Bek. v. 23. 1.2006 I 152;
	Last amended by Art. 3 sec. 4 G v. 29.6.2015 I 1061

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1999 + + +) 

  

The V has been enacted as Article 1 of V v. 10.2.1998 I 343 by the Federal Ministry of Labour and Social Affairs in agreement with the Federal Ministry of Health and with the consent of the Bundesrat. It occurs gem. Article 3, first sentence, of this V mWv 1.1.1999 shall enter into force.

First section
General

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§ 1 Principle

The provisions of this Regulation shall apply to notifications pursuant to section 28a of the Fourth Book of the Social Code, Section 200 (1) of the Fifth Book of Social Code, § § 190 to 194 and 281c of the Sixth Book of the Social Code and Section 27 (1) of the Book of Social Code. 2 of the Second Law on the Health Insurance of Farmers as well as for the proof of contribution according to § 28f (3) sentence 1 of the Fourth Book of Social Code. The reports and proof of contribution for each of the social insurance institutions involved shall be jointly reimbursed. Unofficial table of contents

§ 2 Reporting subject

Reports shall be reported by

1.

the employer,

2.

persons who, like an employer, pay contributions on the basis of legal regulations;

3. (dropped) * 1

4.

the Federal Ministry of Defence or the bodies designated by it and the Federal Office of Civil Service,

5.

the service providers.

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§ 3 To be reported

Reports shall be reported for:

1.

Employees who are subject to sickness, care, pensions or under the right of employment promotion,

2.

Employees who have to pay contributions to the pension insurance or to the right of employment promotion,

3.

marginally employed,

4.

temporary agency workers,

5.

Persons receiving compensation for remuneration or unemployment benefit II,

6.

Military and civilian service providers.

Employees are the same as those for which another employer, like an employer, pays contributions due to legal regulations. Unofficial table of contents

§ 4

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§ 5 General provisions

(1) notifications shall be reported in accordance with the circumstances of the time on which the notification relates. This applies in particular to changes in the name, nationality or address of an employee. (2) notifications may be reimbursed together, in so far as this Regulation allows. (3) Notifications relating to periods of time covered by the end of a period of time In addition, the calendar year shall be separate for each calendar year. No further reports may be reported for reported periods unless otherwise permitted by this Regulation. (4) The amount of contributions to be paid shall be reported to the full amount. Amounts after the comma of more than 49 are up, down from less than 50 down to the next full amount. (5) If the operating number necessary for a notification has not been allocated to a holding, the employer has this Application number for the operation of the place of employment at the competent authority of the Federal Employment Agency (Bundesagentur für Arbeit); subsequent changes in the operating data shall be reported immediately by the employer of this body. (6) All personal details for Declarations are official documents, the insurance number is the (7) If the insurance number is not known in the case of an application, the information required for the award of the insurance number, in particular the full name, the name of birth, the date of birth, the Place of birth, sex, nationality and address. (8) In the case of first-time inclusion of an employment subject to insurance under this Regulation by a member of another Member State of the European Union or a State to which the Agreement on the In addition, the country of birth and the country of nationality of the country of nationality must be entered in the European Economic Area. (9) The notifiable person has to report a multiple employment. (10) Notifications, the information on pay shall be marked separately if the period to be reported contains remuneration in accordance with the provisions of the Gleitzone (Article 20 (2) of the Fourth Book of the Social Code). (11) The notifications must be the operating number of the health insurance fund of the (12) The access of an application to the employer Waiving of compulsory insurance in the statutory pension insurance in accordance with § 6 (1b) of the Sixth Book of the Social Code by a marginal employee must be identified and reported separately; the notification may also be in connection with the shall be made with another message to be reported at the same time.

Second section
General rules for notifications by employers

First subsection
Notifications

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§ 6 Registration

The beginning of an employment subject to insurance is to be reported with the first following wage and salary settlement, no later than six weeks after the start of the work. Unofficial table of contents

Section 7 Instant notification

The date of the beginning of an employment relationship shall be in the economic areas or economic activities referred to in Article 28a (4) sentences 1 to 3 of the Fourth Book of Social Code at the latest when the employment is received at the data office of the institutions of pension insurance. Unofficial table of contents

§ 8 Logout

(1) The end of an employment subject subject to insurance is to be reported with the next following wage and salary settlement, at the latest within six weeks after the end of the work. (2) An application and a logout may be made within the period of § 6. (3) In the case of a change in the amount of work paid in accordance with Section 28a (1) (18) of the Fourth Book of the Social Code, an application and an application shall be filed within the period of time of the § 6 to be reimbursed. Unofficial table of contents

Section 8a Notification on the occurrence of insolvency proceedings

The employer or the person entrusted with the processing of insolvency shall, for the period up to the day before the opening of insolvency proceedings or non-opening of insolvency proceedings, have a notification of the next following wage for the period up to the day before the opening of insolvency proceedings or non-opening. and payroll, but no later than six weeks. Unofficial table of contents

§ 9 interruption notification

(1) If an employment subject to insurance is interrupted by the omission of the right to pay for at least one calendar month, one of the benefits referred to in § 7 (3) sentence 3 of the Fourth Book of the Social Code shall be obtained, For the period up to the end of the first calendar month, the period until the end of the first calendar month shall be reported to be interrupted by a military service or a civil service. (2) In the cases referred to in paragraph 1, the employment in the calendar month following the removal of the right of payment shall be paid for the period up to the date of the removal of the claim. , within six weeks of the end of the employment, to report an interruption. The end of the employment is to be reported in accordance with § 8. Unofficial table of contents

§ 10 Annual report

(1) An annual report shall be reimbursed for each employee subject to insurance obligations on 31 December of each year with the first following wage and salary statement, no later than 15 February of the following year. The annual report is not required if a report is to be reported on December 31 according to § § 8, 9 or § 12. (2) The remuneration is to be reported only to the extent that it has not already been reported. Unofficial table of contents

§ 11 Notification of one-time pay

(1) The employer has to report a one-time paid work fee together with the contributor regularly paid remuneration. (2) The employer has a one-time paid pay with the first employee pay. the following wage and salary settlement, no later than six weeks after the payment, to be reported separately if:

1.

a notification in accordance with § § 8 to 10 or § 12 for the calendar year to which the remuneration is to be attributed is no longer carried out,

2.

the following notification in accordance with § § 8 to 10 or § 12 does not include any contributor to any continuous pay or salary paid on an ongoing basis; or

3.

for the contributor to the contributor on an ongoing and once-paid basis, different contributions groups shall apply.

(3) The employer shall report separately once the payment of the remuneration paid on a one-time basis, if the payment is made during a period of interruption of the employment reported in accordance with § 9 or during the payment of a compensation for remuneration reported in accordance with § 38 (4) The employer shall notify the accident insurance at the latest within six weeks after the payment, if a notification of another reason for the calendar year to which the pay is paid shall be reported separately. , is no longer to be assigned. Unofficial table of contents

Section 11a Reports of remuneration for flexible working time arrangements

(1) The remuneration in accordance with § 23b (2) to (3) of the Fourth Book of Social Code is to be reported separately with the first following salary and salary, if it is not used in accordance with § 7c or § 7f (2) sentence 1 of the Fourth Book of Social Code (2) The change from a value credit obtained in the accession area to a value credit obtained in the rest of the territory of the Federal Republic of Germany, and vice versa, shall be subject to the first successive wage and salary settlement after the change. (3) In the same period, if a value balance is dissolved and the pay is paid, the Value credits shall only be reported separately under the indication of whether it has been achieved in the accession or in the rest of the Federal territory, if not both have been achieved together in the accession area or together in the rest of the Federal territory. Unofficial table of contents

Section 11b Notification of work charges in case of multiple employment at the request of the catchment area

According to the request of the catchment, the employer has the first following wage and salary settlement, at the latest within six weeks of the request, the charges according to § 28a, paragraph 1, point 10 of the Fourth Book of Social Code to report the relevant catchment area. Unofficial table of contents

§ 12 Other notifications

(1) A notification and a notification shall be reimbursed if the contribution group, the key group of persons or the health insurance of the employee who has been reported so far, changes or the employee's health insurance company changes from a permanent establishment in the accession area to a permanent establishment. in the rest of the Federal territory or vice versa. (2) In cases where a vocational training relationship precedes or follows an employment relationship with the same employer, the day of the end or of the start of employment and of the employment to report vocational training. The first of the month in which the vocational training starts and the end of the last of the month in which the vocational training is completed can also be reported as the beginning of a vocational training. A notification in accordance with the first and second sentences is deleted if a notification under paragraph 1 is to be reimbursed. (3) Paragraph 2 applies accordingly for the beginning and the end of a part-time period. (4) The notifications shall be reimbursed within the time limit of § 6. Notifications under paragraphs 1 or 2 shall not be reimbursed if notifications are made in accordance with § § 6, 8 or § 9. (5) A notification according to § 194 of the Sixth Book of Social Code shall be refunded with the next salary and salary. If a notification pursuant to § 10 is not yet made at this time, it shall be reimbursed at the same time. Unofficial table of contents

Section 13 Notifications for marginally employees

§ 5 (1) to (7) and (9) and § § 6 and 8 to 12 shall apply mutas to the reports of a minor employment pursuant to § 8 of the Fourth Book of the Social Code.

Second subsection
Correction of messages

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§ 14 Cancellation

(1) notifications shall be cancelled immediately if they have not been reimbursed, have been refunded to an uncompetent catchment body or have inaccurate information on the period of employment, the contributor to the contributor, the reason for the submission, The contribution groups, the person group key, the activity key or the operational number of the employer shall be included. The first sentence shall also apply where inaccurate information relating to the remuneration required by the accident insurance, the accident insurance member number of the employment establishment, the operating number of the competent accident insurance institution or the person concerned, the accident insurance member number of the employment service, the accident insurance member number of the employment service, the operating number of the (2) If the insurance number is not yet known at the time of the cancellation, the cancellation shall contain the information necessary for the award of the insurance number. Unofficial table of contents

§ 15 (omitted)

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Third Section
Employers ' declarations through data transmission

First subsection
General

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§ 16 Principle

A message after the second section is carried out by data transmission. Appropriate measures must be taken to ensure data protection and data security according to the state of the art. In the use of generally accessible networks, encryption methods shall be used. Unofficial table of contents

§ 17 Data transmission

(1) The procedures for data transmission are to be applied in accordance with the DIN standards, which are listed in the principles for data transmission and data volume exchange of the Federal Ministry of the Interior (BAnz. No 179b of 24 September 1997). The DIN standards are available at Beuth-Verlag GmbH, Burggrafenstraße 6, 10787 Berlin, Germany, and at the Federal Archives, Potsdamer Straße 1, 56075 Koblenz, accessible to everyone and protected by archives. (1a) The data can be found in the eXTra standard as described in the Federal Gazette of 27 June 2009. October 2010 (BAnz. 3562). The description of the eXTra standard is accessible to all and can be accessed free of charge from the Deutsche Rentenversicherung Bund. In accordance with Section 28b (2) of the Fourth Book of the Book of Social Code, the Common Principles of the eXTra Standard are set out in accordance with § 28b (2) of the Fourth Book of Social Code. (2) By way of derogation from paragraph 1, the Admissions Office shall have exceptions to the admission notice. if commonly used data transmission techniques are used, which ensure the same data security, and further processing by the acceptance point is economically reasonable.

Second subsection
System Audit

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§ 18 Principle

Employers are entitled to receive notifications in accordance with § § 23c, 28a, 97 (1) of the Fourth Book of the Social Code, in accordance with § 202 of the Fifth Book of the Social Code, as well as proof of contributions pursuant to § 28f (3) of the Fourth Book of the Social Code only by data transmission by means of approved system-tested programs or machine-created filling aids. This also applies if a data centre or a comparable facility for a number of employers or for several employers of an employer carries the wage and salary documents. Unofficial table of contents

§ 19 Request

For machine-led wage and salary accounting programs and machine-created filling aids, a system check must be requested prior to the first use. The application for system verification is to be addressed to the body designated by the Association of the Federal Government of the Health Insurance Funds. The details of the application procedure shall be governed by the common principles laid down in § 22. Unofficial table of contents

§ 20 System verification

(1) Machine-led wage and salary accounting programmes shall be based on the correct execution of the wage and salary accounting procedures, the preparation and acceptance of the reports and the technical security of the procedures in accordance with § 16 sentence 2 and 3. The basis for this is the provisions of this Regulation and the Regulation on contributions to the Contribution Procedure, as amended. A protocol must be drawn up through the examination, which must be kept until a new authorisation has been granted. (2) Programmes for the calculation of wages and salaries, or the preparation and adoption of reports with an impact on the If processing results are modified or replaced by new programmes, re-examination must be requested prior to their use. This test can also be carried out in a simplified form on the basis of special test tasks. (3) A program does not satisfy the requirements of the system test or if a program is changed without this change to the test of the test (4) The detailed rules for the implementation of the system verification and the participation of the pension insurance institutions and the accident insurance institutions shall govern the implementation of the programme. Common principles according to § 22. (5) The provisions of paragraphs 1 to 4 shall apply to machine-made Filling aids accordingly. Unofficial table of contents

Section 21 Admission notice

The applicant receives the test protocol and a letter of admission from the top association of the health insurance companies. These shall be kept by the applicant. The authorisation shall determine the conditions to be met for the proper conduct of the data transmission. Details shall govern the common principles laid down in Article 22. Unofficial table of contents

Section 22 Common principles

Details of the system verification, in particular the participation of the social insurance institutions concerned, the admission requirements, the taking-over, examination and correction of data and the procedure for the forwarding of the data rules of the top association The Federal Government of the Health Insurance Fund, the German Pension Fund and the Federal Employment Agency (Bundesagentur für Arbeit) are jointly founded on common principles. The Federal Association of German Employers ' Associations is to be heard.

Third Subsection
Transmission of data

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§ 23 Admission point, time

(1) The notifications shall be reimbursed to the competent acceptance point. (2) If the office of acceptance finds deficiencies which impair the acceptance of the data upon acceptance of the notification, in particular that the data records are incomplete, it shall have the notification. to reject. The employer, the data centre or the comparable institution shall be informed of the deficiencies identified by means of data transmission. The deficiencies must be rectified without delay and the rejected reports should be refunded. (3) The details shall govern the common principles in accordance with § 22. Unofficial table of contents

§ 24

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Section 25 Information of the employee

(1) The employer shall submit to the employee at least once a year up to 30 April of a year for all notifications made in the previous year by data transmission, a machine-produced certificate, which shall be separated in terms of content reported data without the data for the statutory accident insurance. In the event of a termination of the employment relationship, the certificate must be issued immediately after delivery of the last report. (2) The certificate can be issued on the usual payroll and payroll. The employer must treat the contents of the certificate such as wage documents and keep it up to the end of the calendar year following the last examination in accordance with § 28p of the Fourth Book of Social Code.

Fourth Section
Assessment of contributions

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§ 26 Proof of contributions

The proof of contribution according to § 28f (3) sentence 1 of the Fourth Book of the Social Code is to be submitted in good time. § § 2, 3, 5 (1), § § 14, 16 to 23, 31 (1) and 3 to 5, § § 32, 33 (1), (2) and (6), § 38 (1), (2) and (4) and § 40 (1) to (3) shall apply accordingly. Unofficial table of contents

§ § 27 and 28 (omitted)

Fifth Section
Special arrangements

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§ § 29 and 30 (omitted)

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Section 31 Special arrangements

(1) Special data records shall apply to the reports of the insured persons of the crunic pension insurance and to reports of the seamen referred to in § 129 (1) (5) of the Sixth Book of Social Code (Social Code). The notifications shall contain additional information for the pension insurance or occupational group, vehicle group, patent as well as for employment on ships registered in the International Maritime Register. The details of the common principles according to § 28b (1) of the Fourth Book of Social Code and § 22. (2) The operating number for notifiers who have to report insured persons pursuant to paragraph 1 shall be regulated by the German Pension Insurance The Deutsche Rentenversicherung Knappschaft-Bahn-See (Deutsche Rentenversicherung Knappschaft-Bahn-See) sets out on the basis of the common principles according to § 22 of its own principles for the data records referred to in paragraph 1, which take account of the special arrangements applicable to them. In accordance with § § 18 to 21. (4) Examination point pursuant to § 19 is applicable to systems which are reimbursed by notifications under paragraph 1, the Deutsche Rentenversicherung Knappschaft-Bahn-See (German Pension Insurance).

Sixth Section
Transfer and transfer of the reports by the social insurance institutions

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Section 32 forwarding of data

(1) Any forwarding of data between the catchment points, the Federal Insurance Office as the institution of the Health Fund, the health insurance funds, the pension insurance institutions and the Federal Employment Agency shall be carried out by means of data transmission. (2) § § The provisions of Article 16 (2) and (3) and Article 17 (1) shall apply. (3) The detailed rules shall govern the common principles in accordance with § 22. Unofficial table of contents

Section 33 Adoption and verification of the data by the catchment bodies

(1) The acceptance point checks the notifications for completeness and correctness, in particular that the notifications contain only the permitted characters, key figures and other provided information. (2) If the acceptance point is not the (3) The catchment body shall have the data necessary for the implementation of the notification procedure into a machine, which shall be forwarded immediately after the examination referred to in paragraph 1. file (inventory file). It prepares the incoming data and compares the specified insurance number with the inventory file machine. In the case of notifications in accordance with § § 8 to 10, the start of employment and the contribution group shall be considered. In the case of inconsistencies found during the examination, the catchment body shall inform the parties concerned. (4) The catchment body shall immediately apply for the award of an insurance number in the case of the pension insurance scheme if a notification does not apply. Insurance number, which cannot be determined from the inventory file. It forwards the insurance number immediately through data transmission after receipt to the employer. (5) The catchment body has to take over the data of the error-free messages into an automated file. (6) The scope and the details of the The checks referred to in paragraphs 1 to 3, the procedure for the treatment of errors and the monitoring of the re-reimbursement of refunded reports shall govern the common principles laid down in Article 22. Unofficial table of contents

§ 34 Data transfer

(1) The catchment body shall forward the verified data to the data office of the institution of the pension insurance within five working days of receipt. (2) In the cases of § 33 (4), the transfer shall not be transferred until the insurance number has been received. shall be communicated. Unofficial table of contents

§ 35

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Section 36 Tasks of the data office of the institution of the pension insurance

(1) The data office of the institution of the pension insurance institution shall carry out a machine stock record file. (2) The data office of the institution of the pension insurance institution may reject incomplete and erroneous data. It shall immediately forward the data required for the implementation of the pension insurance scheme to the competent institution of the pension insurance scheme from the notifications received or forwarded to it. If inconsistencies are found in the taking-over of data into the insurance account, the competent institution of the pension insurance shall inform the latter with the authorities concerned. (3) The data office of the institution of the pension insurance shall be responsible for the To forward the task of the Federal Employment Agency without delay to the task of the Federal Employment Agency. Unofficial table of contents

§ 37 (omitted)

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Seventh Section
Reporting of compensation for remuneration, billing periods, times of military service and civil service and periods of special use abroad

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Section 38 Statute for remuneration

(1) The service providers and the private care insurance companies have periods in which persons according to § 3 sentence 1, No. 3 or 4 or § 4 (3) sentence 1 No. 1 of the Sixth Book of Social Code are subject to insurance and one of the persons covered by this Provisions mentioned above, inclusion aid for ethnic German resettlers, benefits provided by the Federal Employment Agency in lieu of the employer in accordance with the age part-time law, or unemployment benefit, indicating the performance of the service on the basis of the underlying contributor revenue. The periods shall be marked in each case for the territory of the applicant and the rest of the territory of the Federal Republic of Germany. (2) The notifications shall be made within one month after the end of the periods referred to in paragraph 1 in accordance with the provisions of the Sixth Section of the periods referred to in Article 34 (2). 1 shall be reimbursed. § 5 (6) and (7) and § 32 (1) apply accordingly. (3) § 5 (3) applies accordingly. § 12 (5) applies accordingly; the notification shall be refunded within one month of the pension claimant's request. (4) Cancellations of notifications shall be made by the post which has made the notification. (5) The reporting body shall have the following information. To issue a certificate of the contents of the reports of the previous calendar year up to 30 April of each year. The certificate shall be issued at an earlier date when the insured person needs it before. Unofficial table of contents

§ 39 Time of settlement, off-time

(1) The sickness funds shall notify the competent pension insurance institution of the payment periods of their members pursuant to § 58 (1) sentence 1 no. 1 and 2 and times of the school visit pursuant to § 58 (1) No. 4 of the Sixth Book of Social Code. (2) The Federal Agency For work, the responsible pension insurance institution shall report on periods of credit according to § 58 (1) sentence 1 no. 3, 3a and for vocational preparatory training measures in accordance with No. 4 of the Sixth Book of Social Code and blocking periods according to § 159 of the Third Book Social Code as well as periods according to § 38 (3) of the Third Book of the Social Code, in which the jobseeker could not take advantage of the agency for work. The competent service provider shall report to the competent pension insurance institution credit periods in accordance with section 58 (1), first sentence, point 6 of the Sixth Book of Social Code. (3) Aninvoice periods referred to in paragraphs 1 and 2, which shall be longer than one calendar year shall be notified to the competent pension insurance institution by 30 April of the following year. Sentence 1 shall not apply if a notification has been made in accordance with paragraph 1 or 2 in the said period. (4) The insured person may apply to the competent pension insurance institution to request the advance notice of an accounting period if he is not a member of a The sickness fund is or it is a period of a university or university visit pursuant to § 58 (1) sentence 1 no. 4 of the Sixth Book of Social Law. The same shall apply if the sickness fund has rejected an application in accordance with paragraph 1 because it cannot establish an accounting period. (5) § 38 (2), (4) and (5) shall apply accordingly. (6) The health insurance funds and the Federal Employment Agency shall be subject to statements the pension insurance institution is bound by fundamental rights issues. Unofficial table of contents

§ 40 Times of the military and civil service

(1) The Federal Ministry of Defence or the bodies designated by it and the Federal Office of Civil Service shall report the periods in which persons are subject to insurance in accordance with Section 3, first sentence, No. 2 and 2a of the Sixth Book of Social Law; In this context, particular reference should be made to service periods in the accession The beginning and the end of an interruption of the service period, with omission of the cash and in kind, shall be reported separately. (2) In the notifications referred to in the first sentence of paragraph 1, the contributor fee is additionally subject to the contributor's obligation under section 166 (1) (1) second and second sentence. the third half-sentence of the sixth book of the Social Code, if the persons are indebted under the maintenance insurance act or remuneration due to a military service relationship of a special kind pursuant to § 6 of the Social Code The use of the "Use-Further Use Act". Section 38 (4) shall apply accordingly. (3) § 34 (1) shall apply mutah. The details of the data transfer procedure shall be laid down by common accord between the parties involved. (4) The military or civil service provider shall have his insurance number, at the latest when the service office enters the service, on presentation of the Social security card. § 5 (7) applies accordingly; the tender data shall be passed on to the data office of the institution of the pension insurance. (5) § § 25 and 38 (5) shall apply accordingly. Unofficial table of contents

§ 40a Times of special foreign use

(1) The Federal Ministry of Defence or the body designated by it shall report the periods for which the conditions for surcharges for periods of special use abroad pursuant to section 76e of the Sixth Book of Social Law (2) § 5 (3) and 38 (2), (4) and (5) shall apply accordingly.

Eighth section
Irregularities

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§ 41 Administrative Offences

In the sense of Section 111 (1) No. 8 of the Fourth Book of the Social Code, who intentionally or lightly

1.

without authorization pursuant to § 18 sentence 1, also in conjunction with sentence 2, data transmission,

2.

of a condition to be complied with in accordance with § 21 sentence 3;

3.

Contrary to § 25 (1) sentence 1, a certificate is not handed over, not correct, not complete or not handed over in time, or

4.

Contrary to Section 25 (2) sentence 2, the contents of the certificate are not or not kept for the prescribed period.

Ninth Section
Contribution verification procedures for other contributions

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Section 42 Contributions of contribution verification for other contributions

Section 26 shall apply in accordance with the provisions of Section 252 (2) of the Fifth Book of the Social Code, in accordance with the provisions of the Contribution and Contribution