Regulation On The Collection And Transmission Of Data For The Support Of Social Security

Original Language Title: Verordnung über die Erfassung und Übermittlung von Daten für die Träger der Sozialversicherung

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

Non-official table of contents

DEÜV

Date of expulsive: 10.02.1998

Full quote:

" Data collection and transmission regulation as amended by the 23. January 2006 (BGBl. 152), as last amended by Article 3 (4) of the Law of 29. June 2015 (BGBl. I p. 1061) "

:Recaught by Bek. v. 23. 1.2006 I 152;
last amended by Art. 3 para. 4 G v. 29.6.2015 I 1061

For details, see Notes

Footnote

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

The V for details. is as Article 1 of the V v. 10.2.1998 I 343 was issued by the Federal Ministry of Labour and Social Affairs in agreement with the Federal Ministry of Health and with the consent of the Federal Council. It occurs gem. Art. 3 sentence 1 of this V mWv 1.1.1999 in force.

First section
General

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§ 1 Principle

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

§ 2 Reported

messages to be reported by
1.
the employer,
2.
Persons who, like an employer, pay contributions due to legal regulations,
3. (dropped) * 1
4.
the Federal Ministry of Defense or the bodies appointed by it and the Federal Office for Civil Service,
5.
service providers.
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§ 3 Group of people to be reported

reports are to be reported for
1.
Employees that are subject to health, care, pensions, or under the right to work,
2.
Employees who pay contributions to the pension insurance or to the right of work promotion,
3.
little employees,
4.
temporary workers,
5.
Relators of remuneration or unemployment benefit II,
6.
Wehr-und Civil service providers.
Employees are the same as those for which another employer, like an employer, pays contributions on the basis of statutory regulations. unofficial table of contents

§ 4

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§ 5 General provisions

(1) notifications shall be reported in accordance with the conditions of the time on which the message 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) Reports on periods extending beyond the end of a calendar year shall be reported separately for each calendar year. No further notifications may be reported for reported periods, unless this Regulation allows otherwise.(4) The amount of contributions to be paid shall be reported in full amounts. Amounts after the comma of more than 49 are to round up, from less than 50 down to the next full amount.(5) If the operating number necessary for a notification has not yet been allocated to a holding, the employer shall apply for this operating number for the operation of the place of employment with the competent authority of the Federal Employment Agency; Changes in the operating data shall be reported by the employer of this body without delay.(6) All personal data for notifications are official documents, the insurance number is to be found in the social security card.(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, the sex, the Nationality and address.(8) In the case of first-time inclusion of an employment subject to insurance under this Regulation by a national of another Member State of the European Union or of a State for which the Agreement on the European Union In addition, the country of birth and the insurance number of the country of nationality shall be entered in the economic area.(9) The notifiable person must report multiple employment.(10) Notifications that contain information on remuneration are to be marked separately if the period to be reported includes remuneration in accordance with the rules of the sliding zone (Section 20 (2) of the Fourth Book of Social Code).(11) The notifications shall contain the operating number of the health insurance fund of the employee.(12) The access of an application by the employer to the waiver of the compulsory insurance in the statutory pension insurance in accordance with § 6 (1b) of the Sixth Book of the Social Code by a marginal employee shall be marked separately and , the message can also be reported in conjunction with another message to be reported at the same time.

Second section
General rules for employers ' reports

First Subsection
Messages

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§ 6 Registration

The start of an employment subject to insurance is to be reported with the first following salary and salary bill, no later than six weeks after the beginning of the period of employment. Non-official table of contents

§ 7 instant message

The day of the start of an employment relationship is in the first sentence of section 28a (4) sentence 1 to 3 of the The fourth book of the Social Code shall be reported to the data office of the institution of the pension insurance institution at the latest when it is received by the employment agency. Non-official table of contents

§ 8 Logout

(1) The end of an employment subject to insurance is subject to the next following salary and Statement of salary, no later than six weeks after the end of the period of payment.(2) An application and a logout may be refunded together within the time limit of § 6 if no application has yet been filed until the notification has been filed.(3) In the case of a change in the pay of work, referred to in § 28a (1) no. 18 of the Fourth Book of the Social Code, a subscription and a notification shall be reimbursed within the period of § 6. Non-official table of contents

§ 8a Notification upon entry of insolvency event

The employer or the person entrusted with the settlement of insolvency proceedings For the period up to the day before the opening of insolvency proceedings or non-opening, for employees who have been exempted, the next following wage and salary calculation shall be issued, but at the latest after six weeks. Unofficial table of contents

§ 9 Interbreak message

(1) An employment subject to insurance is subject to the claim to Remuneration for at least one calendar month is interrupted and one of the benefits referred to in Article 7 (3), third sentence, of the Fourth Book of the Social Code is used, parental leave is taken up, or military service or civil service is provided, is for to report an interruption notification within two weeks after the end of the first calendar month until the date of the withdrawal of the claim. If employment ends during the interruption, a resignation in accordance with § 8 is to be reimbursed.(2) In the cases referred to in paragraph 1, the employment in the calendar month following the removal of the payment entitlement shall be an interruption notification for the period up to the end of the period of six weeks after the end of the period of employment. be reimbursed. The end of the employment is to be reported in accordance with § 8. Unofficial table of contents

§ 10 Annual Report

(1) An annual report is for each of the 31. In December of one year, employees subject to the first following wage and salary settlement, no later than 15 years. February of the following year. The annual report shall be deleted if the 31. A notification in accordance with § § 8, 9 or § 12 shall be refunded in December.(2) The remuneration must be reported only to the extent that it has not already been reported. Non-official table of contents

§ 11 Notification of a one-time paid pay

(1) The employer has paid a one-time one-off payment. To report the remuneration together with the contributor to the contributions paid on an ongoing basis.(2) The employer shall report separately once a paid remuneration with the first following wage and salary settlement, no later than six weeks after the payment, if
1.
a message in accordance with § § 8 to 10 or § 12 for the calendar year to which the pay is to be assigned, is no longer carried out,
2.
the following notification in accordance with § § 8 to 10 or § 12 does not include any contributor-like continuously paid salary or
3.
for the contributor to the contributor to the contributor group, which is paid once and once paid.
(3) The employer has paid a one-time one-off payment Report the remuneration separately 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) In the case of an accident insurance, the employer shall report the remuneration at the latest within six weeks after the payment, if a notification, for another reason, for the calendar year to which the remuneration is to be attributed is no longer done. Non-official table of contents

§ 11a Messages of remuneration in the case of flexible working time arrangements

(1) remuneration in accordance with section 23b (2) to (3) of the working time regulations Fourth Book of Social Code is to be reported separately with the first following payroll, if it is not used according to § 7c or § 7f (2) sentence 1 of the Fourth Book of Social Law.(2) The change from a value credit obtained in the accession area to a value credit obtained in the rest of the Federal territory and vice versa is to be reported on the basis of the first subsequent wage settlement after the change.(3) If, during the same period, a value balance is dissolved and remuneration is paid, the value balance shall be reported separately only if it has been obtained in the accession or other federal territory, if not both of them together in the The applicant countries or together in the rest of the Federal Republic of Germany have been reached. Non-official table of contents

§ 11b Notification of work charges in case of multiple employment at the request of the catchment site

After requesting the The employer shall have the first following wage and salary statement, at the latest within six weeks of the request, the charges in accordance with Section 28a (1) (10) of the Fourth Book of the Social Code to the competent authority Report of the catchment area. Non-official table of contents

§ 12 Other reports

(1) A log-off and a notification are to be reimbursed if the previously reported contribution group, the The employee group key or the health insurance fund of the employee changes or the employee 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 vocational training must be reported. 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 may also be reported as the beginning of a vocational training. A notification in accordance with the first and second sentences shall not be required if a notification is to be reported under paragraph 1.(3) Paragraph 2 shall apply mutas to the beginning and the end of part-time part-time.(4) The notifications shall be reported within the time limit of § 6. Notifications pursuant to paragraph 1 or 2 shall not be reported if notifications are made in accordance with § § 6, 8 or § 9.(5) A notification in accordance with § 194 of the Sixth Book of the Social Code shall be reported 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. Non-official table of contents

§ 13 Notifications for marginally employees

For the reports of a minor employment in accordance with § 8 of the Fourth Section 5 (1) to (7) and (9) and § § 6 and 8 to 12 apply accordingly.

Second sub-section
Correction of messages

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§ 14 Cancellation

(1) Notifications to be cancelled immediately if they were not to be reimbursed, have been refunded to an uncompetent catchment or incorrect information about the period of employment, the contributor to the contributor, the reason for the submission of contributions, the key groups, the key to the activity, or the employer's operational number. 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 competent the applicable hazard rate shall be included in the notification.(2) If, at the time of cancellation, the insurance number is not yet known, 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 ' reports Data Transfer

First Subsection
General

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§ 16 Principle

A message after the second section is made by transferring data. 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. Non-official table of contents

§ 17 Data transfer

(1) The procedures for data transmission are to be applied to the DIN standards, which are in accordance with the principles of for data transmission and data volume exchange of the Federal Ministry of the Interior (BAnz. No 179b of 24. 19 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 secured in terms of archives.(1a) The data can be transferred in the eXTra standard, as it is in the Federal Gazette of the 27. 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. The common principles laid down in § 28b (2) of the Fourth Book of Social Code shall be laid down in the common principles for which procedures the eXTra standard can be applied.(2) By way of derogation from paragraph 1, the admissions office shall allow exceptions to be granted in the notification of authorisation where commonly used data transmission techniques are used to ensure the same data security, and further processing by means of the Economically reasonable to accept.

Second Subsection
System Audit

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§ 18 Principle

Employers may submit reports 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 contribution pursuant to Section 28f (3) of the Fourth Book of the Fourth Book of the Fourth Book of Book Social Code only through 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. Non-official table of contents

§ 19 Request

For machine-led payroll programs and machine-created filling aids, applying for a system check for the first time. 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. Non-official table of contents

§ 20 System Verification

(1) Machine-led pay and salary accounting programs are correct before they are used. To examine the execution of the wage and salary accounting procedures, the drawing up 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) If programmes for the calculation of wages and salaries or the preparation and adoption of reports with effects on the results of the processing are changed or replaced by new programmes, a new examination shall be requested before they are used. This test can also be carried out in a simplified form on the basis of special test tasks.(3) A programme does not meet the requirements of the system verification or if a programme is modified without presenting this change to the examination of the examination body, the approval of the programme shall be refused or immediately withdrawn.(4) The detailed rules for the implementation of the system test and the participation of the pension insurance institutions and the accident insurance institutions shall govern the common principles according to § 22.(5) Paragraphs 1 to 4 shall apply mutationally to machine-created filling aids. Non-official table of contents

§ 21 Admission notice

The applicant receives the audit trail and a letter of admission from the top association of the federal government. 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. Non-official table of contents

§ 22 Common principles

Details of the system check, in particular the participation of the affected Social insurance institutions, the admission requirements, the acquisition, examination and correction of data and the procedure for the forwarding of the data govern the Federal Government of the Health Insurance Funds, the German Pension Insurance Association and the Federal Government. Federal Agency for Work consensual in common principles. The Federal Association of German Employers ' Associations is to be heard.

Third Subsection
Data Transfer Implementation

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§ 23 acceptance point, time

(1) The messages are to be reported to the relevant acceptance point.(2) If the receiving agency finds deficiencies in the event of acceptance of the notification, which impair the acceptance of the data, in particular that the data records are incomplete, it shall reject the notification. 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 detailed rules shall govern the common principles laid down in Article 22. unofficial table of contents

§ 24

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§ 25 Information of the employee

(1) The employer shall have the employee at least once a year up to the 30. April of one year for all notifications issued in the previous year by means of data transmission, a machine-generated certificate to be submitted, which, in terms of content, reproduce all reported data without the data for the statutory accident insurance must. In the event of a termination of the employment relationship, the certificate must be issued immediately after the date of delivery of the last report.(2) The certificate may be issued on the usual wage and salary statements. 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
Contribution Detection Method

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§ 26 Proof of Contribution

The proof of contribution in accordance with § 28f (3) sentence 1 of the Fourth Book of the Social Code must 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. Non-official table of contents

§ § 27 and 28 (omitted)

Fifth section
special rules

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§ § 29 and 30 (omitted)

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§ 31 special regulations

(1) For the reports of the insured persons of the crunic pension insurance as well as for reports pursuant to § 129 para. 1 no. 5 of the sixth Seamen referred to in the Book of Social Code shall be subject to special records. 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 more detailed rules are laid down in accordance with § 28b (1) of the Fourth Book of the Social Code and § 22.(2) The operating number for notifiers who have to report insured persons in accordance with paragraph 1 shall be awarded by the Deutsche Rentenversicherung Knappschaft-Bahn-See in agreement with the Federal Employment Agency.(3) The Deutsche Rentenversicherung Knappschaft-Bahn-See shall draw up, on the basis of the common principles laid down in Article 22, its own principles relating to the data sets referred to in paragraph 1, which shall take into account the special arrangements applicable to them. Sentence 1 shall apply in accordance with the regulations for system verification within the meaning of § § 18 to 21.(4) In accordance with § 19, the Deutsche Rentenversicherung Knappschaft-Bahn-See (German Pension Insurance) shall be the German Pension Insurance Fund for systems with which notifications under paragraph 1 are reimbursed.

Sixth Section
Acquis and Forward of the Reports by Social Security Institutions

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§ 32 Forwarding of data

(1) Each 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 is carried out by means of data transmission.(2) § 16, sentences 2 and 3 and § 17 (1) shall apply accordingly.(3) The detailed rules shall govern the common principles laid down in Article 22. Non-official table of contents

§ 33 Adoption and verification of the data by the catchment points

(1) The acceptance point checks the reports Completeness and accuracy, in particular the fact that the notifications contain only the permitted characters, key figures and other information provided.(2) Where the office of acceptance is not the competent catchment body, it shall forward to them the notifications after the third section immediately after the examination referred to in paragraph 1.(3) The catchment body shall include the data required for the implementation of the notification procedure in a computerized 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 course of the examination, the inconsistencies found shall be clarified by the catchment body with the parties concerned.(4) The catchment body shall immediately apply for the award of an insurance number in the case of pension insurance if an application does not contain an insurance number and the insurance number cannot be determined from the inventory file. It shall forward the insurance number immediately through data transmission after receipt to the employer.(5) The catchment area has the data of the error-free messages to be transferred to an automated file.(6) The scope and the details of the checks referred to in paragraphs 1 to 3, the procedure for error handling and the monitoring of the re-reimbursement of refunded notifications shall govern the common principles referred to in Article 22. Non-official table of contents

§ 34 Data forwarding

(1) The catchment body has the verified data within five working days of receipt to the Transfer the data from the institution of the pension insurance scheme.(2) In the cases of Section 33 (4), the transfer shall not be forwarded until the insurance number is communicated. unofficial table of contents

§ 35

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

(1) The data office of the institution of the pension insurance institution shall carry out a machine-based master-rate file.(2) The data office of the institution of the pension insurance 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 made 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 has to inform the latter with the authorities concerned.(3) The data office of the institution of the pension insurance shall immediately forward the data required for the performance of the tasks of the Federal Employment Agency. Unofficial table of contents

§ 37 (omitted)

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Seventh Section
Reporting of compensation for compensation, Billing times, times of military and civil service and periods of special foreign use

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§ 38 Compensation for compensation

(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 Insurance Code , and one of the benefits referred to in those provisions, inclusion aid for ethnic German resettlers, benefits provided by the Federal Employment Agency in lieu of the employer in accordance with the Retirement Age Act, or unemployment benefit, indicate the amount of the contributor revenue underlying the performance. The times are to be marked in each case for the accession area and the rest of the Federal territory.(2) The notifications shall be reimbursed within one month after the end of the periods referred to in paragraph 1, in accordance with the provisions of the Sixth Section, to the bodies referred to in Article 34 (1). § 5 (6) and (7) and 32 (1) shall apply accordingly.(3) § 5 (3) shall apply accordingly. Section 12 (5) shall apply accordingly; the notification shall be refunded within one month of the request of the pension applicant.(4) Cancellations of notifications shall be made by the body which has made the notification.(5) The reporting body shall have the insured person up to the age of 30. A certificate of the contents of the reports of the previous calendar year shall be issued in April of one year. The certificate shall be issued at an earlier date when the insured person requires it before. Non-official table of contents

§ 39 Billing Periods, Lock Times

(1) The health insurance companies report to the responsible pension insurance institution In accordance with § 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 (Social Code), the members of the Board of Invalidity and the Federal Ministry of Education and Research(2) The Federal Employment Agency reports to the competent pension insurance institution Anbilling periods in accordance with § 58 (1) sentence 1 No. 3, 3a and for vocational preparatory training measures according to No. 4 of the Sixth Book of Social Code and blocking periods according to § 159 the Third Book of the Social Code and the periods pursuant to Section 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 notify the competent pension insurance institution of the billing periods in accordance with section 58 (1), first sentence, point 6 of the Sixth Book of Social Code.(3) The periods of settlement referred to in paragraphs 1 and 2, which shall last longer than one calendar year, shall be up to 30. Report to the relevant pension insurance institution in 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 apply for a period of payment if he is not a member of a health insurance fund or if he is not a member of a health insurance company or university visits in accordance with § 58 (1) sentence 1 no. 4 of the Sixth Book of the Social Code. 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 are bound by statements of the pension insurance institutions on legal matters of fundamental importance. Non-official 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 (Bundesamt für den Civil dienst) shall report the periods during which persons are subject to insurance in accordance with Section 3, sentence 1, No. 2 and 2a of the Sixth Book of the Social Code, with particular reference to service periods in the accession area. The beginning and the end of an interruption of the service period, with the omission of the cash and in-kind references, must be reported separately.(2) In the notifications referred to in the first sentence of paragraph 1, the contributor to the remuneration in accordance with Section 166 (1) No. 1, second and third half-sentence of the Sixth Book of Social Code, shall be provided in addition if the persons are subject to an indemnity compensation for earnings after the the maintenance security act or remuneration as a result of a special military service relationship in accordance with § 6 of the German Federal Act on the Use of Reuse (Duty-Continuing Act). Section 38 (4) shall apply accordingly.(3) Section 34 (1) shall apply mutatily. The details of the data transmission procedure shall be laid down by mutual agreement between the parties concerned.(4) At the latest when the service office enters the service, the military or civilian service provider shall indicate its insurance number on presentation of the social security card. Section 5 (7) shall apply accordingly; the tender data shall be forwarded to the data office of the institution of the pension insurance scheme.(5) § § 25 and 38 (5) shall apply accordingly. Non-official table of contents

§ 40a periods of special foreign use

(1) The Federal Ministry of Defence or the Post reports the periods for which the conditions for surcharges are available for periods of special use abroad in accordance with § 76e of the Sixth Book of Social Code.(2) § 5 (3) and 38 (2), (4) and (5) apply accordingly.

Achter section
Administrative Offences

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§ 41 Administrative Offences

is an administrative offence within the meaning of Section 111 (1) No. 8 of the Fourth Book of the Social Code, who intentionally or lightly
1.
without authorization according to § 18 sentence 1, also in conjunction with sentence 2, data transmission
2.
is contrary to a condition to be observed in accordance with § 21 sentence 3,
3.
contrary to § 25 para. 1 sentence 1, a certificate is not, not correct, not complete or not handed over in time or
4.
contrary to § 25 para. 2 sentence 2, the contents of the certificate are not or are not kept for the prescribed duration.

Neunter section
Contribution verification procedures for other contributions

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§ 42 Contribution detection procedure for other contributions Contributions

§ 26 applies in accordance with the contribution payments and the repayment of contributions pursuant to Section 252 (2) of the Fifth Book of the Social Code.