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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Read the untranslated law here: http://www.gesetze-im-internet.de/de_v/BJNR034310998.html

Regulation on the collection and transmission of data for the support of social security (data acquisition and transmission regulation - data entry) data entry / Ausfertigung date: 10.02.1998 full quotation: "data acquisition and transmission regulation as amended by the notice of January 23, 2006 (BGBl. I S. 152), most recently by article 3 paragraph 4 of the law of June 29, 2015 (BGBl. I p. 1061) is changed" stand: Neugefasst by BEK. v. 23 1.2006 I 152;
 
amended by art. 3 par. 4 G v. 29.6.2015 I 1061 for details on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.1.1999 +++) the V I has been issued as article 1 of the V v. 10.2.1998 343 of the Federal Ministry of labour and Social Affairs in consultation with the Federal Ministry of health and with the consent of the Federal Council. It occurs as per art. 3 sentence 1 of this V mWv into force 1.1.1999.
The first section General section 1 principle the provisions of this Regulation apply to the messages on the basis of section 28a of the fourth book the social law, 200 para 1 of the fifth book of social code, sections 190 to 194 and 281 c of the sixth book of the social code and section 27 paragraph 2 of the second law on health insurance of farmers, as well as for the contribution verification according to section 28f para 3 sentence 1 of the fourth book of the social code. The messages and post evidence of the concerned carrier of social security are jointly to reimburse.

Notifiable messages are to submit by 1 article 2 employer, 2 persons, like an employer pay contributions in accordance with legal provisions, 3. (dropped out) * 1 4 the Ministry of Defense or the authorities designated by it and the Federal Office for civilian service, 5. the service providers.

§ 3 persons to meldender are messages to reimburse for 1 employees that health, care, pension or resident under the employment promotion law, are to pay 2 employees, for the contributions to the pension or the employment promotion law, 3 part-time employees, 4. temporary agency workers, 5. subscribers to pay compensation or unemployment benefit II, 6 military and civilian service.
People are just workers for another as an employer pays contributions in accordance with statutory provisions.

§ 4 (dropped out) § 5 General provisions (1) are messages according to the conditions of the time to report to which the message refers. This applies in particular to change of name, nationality or address of an employee.
(2) messages will be reimbursed together insofar as this regulation permits it.
(3) messages over a period spanning the end of a calendar year, are to reimburse separately for each calendar year. Reported periods, no further messages may be refunded insofar as this regulation permits otherwise.
(4) dues pay must be reported in full amounts. Amounts are after the decimal point by more than 49 upwards, to complete less than 50 down to the next full amount.
(5) was number necessary for a message still not assigned to a company, the employer has to apply for this number for the operation of the place of employment at the competent Office of the federal employment agency. subsequent changes of the operating data are reported immediately to the employer this point.
(6) all personal details for messages are official documents, the insurance number is the social security card.
(7) the insurance number is a registration not known, are the specifications required for the assignment of the insurance number, to include in particular the full name, maiden name, date of birth, place of birth, sex, nationality and address.
(8) in the case of first insurable employment within the scope of this regulation by a national of another Member State of the European Union or of a State, to which the agreement on the European economic area applies, the country of birth and insurance number of the country of nationality are also entered.
(9) the reporting has multiple employment report.
(10) messages that contain information about remuneration, are separately to identify if the period to report wages according to the regulations of the floating zone (§ 20 para 2 of the fourth book of the social code).
(11) the messages must contain the operation number of the health of workers.
(12) access of a request with the employer on waiver to the insurance obligation in the statutory pension insurance is b of the sixth book the social law through a marginally employed according to § 6 paragraph 1 separately to identify and report; the message can be done in conjunction with a message to be others at the same time.
Second section general rules for messages the employer of first subsection messages § 6 application the beginning of an insurable employment is with the first following wage and payroll, at the latest within six weeks after its inception, to sign.

7 instant of the date of the commencement of an employment relationship is to report these economic sectors or sectors of the economy at the latest upon commencement of employment on the data center of the carrier of the pension insurance in section 28a para 4 sentence 1 to 3 of the fourth book of the social code in the.

§ 8 logout (1) is the end of an insurable employment with the next following wage and payroll, at the latest within six weeks after its end, to sign.
(2) an in and an out can be refunded within the period of § 6 together, if still no registration is done up to the cancellation.
(3) in the case of a change of the remuneration referred to in article 28, paragraph 1, no. 18 of the fourth book of the social code, a drain and a registration within the time limit of section 6 are to reimburse together.

§ 8a has message when an insolvency event occurs of the employer or the person entrusted with the processing of insolvency for exempted employees for the period until the day before the opening of insolvency proceedings or not opening lack a logout with the next following wage and payroll, to submit at the latest after six weeks.

§ 9 stops interrupt message (1) must work through elimination of the entitlement to pay for at least one calendar month and is one services listed in § 7 para 3 sentence 3 of the fourth book of the social code involved, parental leave taken or done military service or civilian service, is for the period up to the disappearance of the pay claim two weeks after an interrupt message to reimburse end of the first calendar month. A cancellation is the employment ends during the interruption, according to § 8 to refund.
(2) ends in the cases of paragraph 1 the employment in the calendar month following the discontinuation of the compensation claim, for the period up to the disappearance six weeks after the end of the employment to report an interruption. The end of the employment must be reported according to § 8.

§ 10 year message year message (1) is for everyone on December 31 one year insurance employees with the first following wage and payroll, to refund no later than February 15 of the following year. The annual message is not applicable if a message after §§ 8 to 9 or section 12 is December 31.
(2) remuneration is only to the extent to log, as it was not already registered.

§ 11 has message of once paid remuneration (1) the employer shall notify dues once outstanding pay together with the broadcasters constantly paid remuneration.
(2) the employer must separately with the first following wage and payroll, at the latest within six weeks after the payment, case 1 a message no longer appears after §§ 8 to 10 or § 12 for the calendar year, the pay is, 2. no dues regularly paid remuneration contains the following message according to §§ 8 to 10 or § 12 or 3 for contributory ongoing and one-time paid pay different post categories are considered dues once outstanding pay.
(3) the employer must separately dues once outstanding pay when paid during an interruption of employment reported pursuant to section 9 or the cover for pay compensation according to § 38 reported.
(4) the employer must separately in accident insurance to log when reporting for any other reason for the calendar year, the pay is no longer pay dues at the latest within six weeks after the payment.

§ 11a messages from pay for flexible working time arrangements (1) remuneration after § 23 b paragraph 2 or 3 of the fourth book of the social code is to report separately with the first following wage and payroll if it not according to § 7 c or section 7f paragraph 2 sentence 1 of the fourth book of the social code is used.
(2) the change from a value balance achieved in the acceding territory to report daily to a value balance that has been achieved in the remaining Federal territory, and is reversed with the first following wage and payroll after the change.
(3) is resolved an assets in the same period and remuneration paid, the value credit is only separately indicating whether it in the accession - or indeed Federal territory has been achieved, to report, if not both together in the acceding territory or together in the remaining Federal territory has been made.

§ 11b message work compensation for employment on request from the catchment to request from the catchment has the employer with the first following wage and payroll, at the latest within six weeks after the request, the payment messages according to § 28a paragraph 1 number 10 of the fourth book of the social code of the catchment authority to sign.

§ 12 other messages (1) are down and a login to reimburse when the so far reported post group, the personnel group key, or the health insurance of employees changes or from a permanent establishment in the acceding territory to a permanent establishment in the remaining Federal territory or vice versa will change this.
(2) in cases where a training relationship is preceded by an employment with the same employer or follows, the day of the end or the beginning of the employment and vocational training is to report. The first of the month, in which vocational training begins, and as the end of last month, in which vocational training ends, may be reported as the beginning of a vocational training. A message shall not be under sentences 1 and 2, if a message is to refund referred to in paragraph 1.
(3) paragraph 2 shall apply accordingly for the beginning and end of a partial retirement.
(4) the messages are intended to refund within the time limit of section 6. Messages are pursuant to paragraph 1 or 2 not to report when messages are made according to articles 6, 8 or section 9.
(5) a message is to repay next pay and payroll with the after section 194 of the sixth book of the social code. At this time a message yet not occurred pursuant to § 10, this is at the same time to repay.

§ 13 for part-time employees reporting a slight employment according to § 8 of the fourth book of the social code are messages § 5 para 1 to 7 and 9 and §§ 6 and 8 to 12.
Second subsection cancellation (1) correction messages § 14 messages are immediately to cancel if they were not to report, was reimbursed for an incompetent collection place or contain incorrect information about the time of employment, the contributory remuneration, the tax base, the post group, person groups key, the activity key or the operation number of the employer. Sentence 1 shall apply even if incorrect information to the insurance accident insurance pay, accident insurance membership number of the employment company, contained the operation number of the responsible accident insurer or the applicable tariff point in the message.
(2) the insurance number is to the time of cancellation not yet known, has the cancellation to contain the information necessary for the assignment of the insurance number.

§ 15 (dropped out) - third section reports the employer through data transmission of first General section 16 subsection principle a message after the second section is done through data transmission. There are according to the respective State of the art to provide for suitable measures to ensure data protection and data security. The use of accessible networks are encryption methods to use.

§ 17 the DIN standards to apply, which are listed in the principles for data transmission and data exchange of the Federal Ministry of the Interior (BAnz. are data transfer (1) the procedures for data transfer No. 179 (b) September 24, 1997). DIN standards are accessible and laid down in terms of archive secured 56075 Koblenz at the Beuth-Verlag GmbH, Castle count 6, 10787 Berlin, available and at the German Federal Archives, Potsdamer Straße 1, for everyone.
(1a) the data can be transferred in the eXTra standard, as found in the Federal Gazette on 27 October 2010 (BAnz. S. 3562) is published. The description of the eXTra standard is accessible to all and federal can be retrieved free of charge at the Deutsche Rentenversicherung. The eXTra standard can be applied for which procedures, sets b paragraph 2 of the fourth book of the social code in the common principles under section 28.
(2) by way of derogation from paragraph 1 has the admissions in the notice of admission to allow exceptions if used common data transmission techniques, providing the same data security, and is economically reasonable for further processing by the receiving Office.
Second subsection system test article 18 principles employers must messages according to §§ 23 c, 28a, 97, paragraph 1 of the fourth book the social law, according to article 202 of the fifth book of the social code and post evidence according to section 28f, paragraph 3 of the fourth book the social act only by data transmission using certified system certified programs or machine created fill helps deliver. The same applies if a data center or a similar facility for several employers or more establishments of an employer results in wage and salary records.

Article 19 is application for mechanically-run wage and payroll programs and machine-produced fill AIDS before first use to apply for a system scan. The application system verification is to set certain body Federal of health insurance fund by the organisation. The common principles govern details about the application procedure pursuant to § 22.

Article 20 system testing (1) machine-run wage and payroll programs are prior to use on the correct execution of the wage and salary accounting procedures, to examine the development and adoption of reports and the technical safety of procedures according to § 16 sentence 2 and 3. The provisions of this regulation, as well as the post procedural regulation in amended are the basis for this. The assessment, a protocol is to create, which to be kept is up to the grant of a new licence.
(2) programs for the wage and payroll or the creation and adoption of messages with impact on the processing results be modified or replaced by new programs, a re-examination request is before their deployment. This check can be made also in simplified form on the basis of special test tasks.
(3) a programme does not qualify the system check or modifies a program without this change to the examination of the examiner site, is to deny the approval of the programme or to withdraw immediately.
(4) the arrangements for implementing the system check and the participation of the pension insurance funds and the accident insurance institutions rules under section 22 (5) created paragraphs 1 to 4 apply to automatically fill AIDS according to common principles.

§ 21 admission of the applicant receives the test report and a letter of admission from the organisation Federal of health insurance fund. These are to be kept by the applicant. The approval sets the conditions to be followed for the proper implementation of the data transfer. Details regulate the common principles pursuant to § 22.

Section 22 common principles govern details of system testing, in particular the participation of the concerned social insurance institutions, conditions for admission, the acquisition, testing and correction of data and the procedure for the forwarding of the data the Association Federal of health insurance fund, the Deutsche Rentenversicherung Bund and the Federal Agency for work agreed on common principles. The Federal Association of German employer associations is to listen to.
Third subsection performing the data transfer section 23 collection point, point (1) the messages are to refund to the competent receiving Office.
(2) the receiving Office upon acceptance of the message noting deficiencies that the records are incomplete, in particular has the adoption of data compromise to reject the message. The employer, the data center or the similar facility is to inform about the deficiencies identified through data transmission. The defects are immediately to resolve and to reimburse the rejected messages again.
(3) the details governing the common principles pursuant to § 22.

section 24 (dropped out) § 25 inform employees (1) the employer has the employees at least once a year until April 30 a year for all messages received in the previous year by data transfer a certificate of machine-produced to give that must reflect content separately all logged data without the specs for the statutory accident insurance. Resolution of the employment relationship, the certificate is immediately after the last notification to exhibit.
(2) the certificate may be granted on the usual wage and salary slips. The employer has to treat the contents of the certificate such as contract documents and to be kept until the end of the calendar year after section 28 p of the fourth book following social security code on the last exam.
Fourth contributions proof procedures section 26 section post evidence
Post evidence according to section 28f para 3 sentence 1 of the fourth book of the social code is to submit in a timely manner. Para 1 and 3 to 5, sections 32, 33 para 1, 2 and 6, article 38, paragraph 1, 2 and 4 and section 40 para 1 to 3 shall apply paragraphs 2, 3, 5 para 1, § 14, 16 to 23, 31.

sections 27 and 28 (dropped out) fifth section special sections 29 and 30 (dropped out) § 31 special arrangements (1) for the messages of the insured of the pension insurance of miners as well as messages of the after article 129, paragraph 1 seafarers referred to in no. 5 of the sixth book of the social code special data rates apply. The messages contain additional information for miner pension insurance or occupational group, vehicle group, patent, as well as to employment on ships registered in the international shipping register. The common principles govern the more b paragraph 1 of the fourth book of the social code under section 28 and section 22 (2) who have to sign the insurance referred to in paragraph 1 number for reporting, will be awarded by the Deutsche Rentenversicherung Knappschaft-Bahn-see in agreement with the Federal Agency for work.
(3) the Deutsche Rentenversicherung Knappschaft-Bahn-see prepares own principles for the records on the basis of the common principles pursuant to § 22 referred to in paragraph 1, taking into account the applicable special provisions. Sentence 1 shall apply accordingly for the arrangements for checking system in the sense of which is sections 18 to 21 according to § 19 (4) testing site for systems with which messages will be reimbursed pursuant to paragraph 1, the Deutsche Rentenversicherung Knappschaft-Bahn-see.
Sixth section acceptance and forwarding of messages by the social insurance institutions § 32 forwarding of data (1) any transfer of data between the catchment, the Federal Insurance Office as a carrier of the health fund, the health and care funds, the pension insurance carriers and the federal employment agency by data transmission.
(2) set of 2 and 3 and article 17, paragraph 1 shall apply mutatis mutandis § 16.
(3) the details governing the common principles pursuant to § 22.

§ 33 acquisition and verification of the data by the collection agencies (1) the receiving Office checks the messages on completeness and correctness, in particular making sure that the messages contain only the approved characters, key figures, and disclosures provided.
(2) the receiving Office is not the competent authority of the basin, it has this after the third section immediately after the examination referred to in paragraph 1 to forward the messages.
(3) the collection place has for the implementation of the notification procedure to record the necessary data in a machine-run file (inventory). You prepared each incoming data and automatically reconciles the insurance number with the inventory file. Messages according to §§ 8 to 10, the beginning of the employment and the post group are to consider. The collection place with stakeholders clarifies discrepancies observed during the test.
(4) the collection place shall immediately request the assignment of an insurance number in the pension insurance, if an application contains no insurance number and these cannot be determined from the master file. Immediately forwards the insurance number through to data transfer receipt to the employer.
(5) the collection place has to accept the data of the error-free messages in an automated file.
(6) the scope and details of the tests according to paragraphs 1 to 3, the procedure of error handling and monitoring of again rejected reporting rules the common principles pursuant to § 22.

Article 34 (1) forwarding of data the collection place has to forward the approved data within five working days after receipt of the data place the institution of pension insurance.
(2) in the cases of § 33 par. 4, the forwarding stops until the insurance number will be communicated.

section 35 (dropped out) section 36 tasks of the data centre of the carrier of the pension insurance (1) leading data center of the carrier of the pension insurance is a mechanical master record file.
(2) the data center of the carrier of the pension insurance may reject incomplete and erroneous data. It has to forward the data required for the implementation of pension insurance from the refunded to you or forwarded messages immediately to the competent pension insurance institution. The acquisition of data discrepancies detected in the insurance account, has the competent pension insurance institution to clarify this with the stakeholders.
(3) the data center of the pension insurance institution has for the fulfilment of the tasks of the Federal Agency for work to share necessary information without delay.

§ 37 (dropped out) - seventh section message from pay compensation, periods, periods of military and civil service and a special international use section 38 times pay compensation (1) the service providers and private care insurance companies have periods where persons pursuant to paragraph 3 sentence 1 No. 1 of the sixth book of the social code are resident No. 3 or 4, or section 4, paragraph 3, sentence 1 and the services referred to in those provisions , Integration assistance for ethnic Germans, to report services which according to the age part time law instead of the employer provides the federal employment agency or receive unemployment aid, specifying the underlying performance insurance revenue. The times are to mark each for the acceding territory and the remaining Federal territory.
(2) the messages are to refund within one month after the end of the periods referred to in paragraph 1, according to the regulations of the sixth section of the authorities referred to in article 34, paragraph 1. § 5 para 6 and 7, and article 32, paragraph 1 shall apply mutatis mutandis.
(3) § 5 para 3 shall apply accordingly. § 12 para 5 shall apply mutatis mutandis; the message is to refund within one month after the request of the pension applicant.
(4) cancellation messages are to make from the site that delivered the message.
(5) the Exhibitor shall has the insured until 30 April to grant one year a certificate about the content of the messages of the last calendar year. The certificate shall be granted if the insured person previously required them earlier.

§ 39 periods, blackout periods (1) the health insurance companies report the competent pension insurance institution periods of their members according to § 58 para 1 sentence 1 Nos. 1 and 2 and times of visit according to § 58 para 1 No. 4 of the sixth book of the social code.
(2) the Federal agency reports the competent pension insurance institution periods according to § 58 para 1 sentence 1 No. 3, 3a and for pre-employment training for no. 4 of the sixth book of the social code and closed periods according to § 159 of the third book of the social code, as well as times according to § 38 paragraph 3 of the third book of the social code, in which the job-seekers could take the mediation by the Agency not to complete. The competent institution of the performance reports the competent pension insurance institution periods according to § 58 paragraph 1 sentence 1 No. 6 of the sixth book of the social code.
(3) creditable periods under paragraphs 1 and 2, which take longer than one calendar year, are to report to the competent pension insurance institution until April 30 of the following year. Sentence 1 shall not apply if, in the period a notification has been given pursuant to paragraph 1 or 2.
(4) the insured may request the flag of a crediting period to the competent pension insurance institution if he is not a member of a health insurance company or is time of a technical or high visit according to § 58 para 1 sentence 1 No. 4 of the sixth book of the social code. The same applies if the health insurance fund has rejected a request referred to in paragraph 1 because she cannot determine a crediting period.
(5) paragraph 2, 4 and 5 shall apply mutatis mutandis § 38.
(6) the health insurance companies and the Federal Agency for work are bound by declarations of the pension insurance institution to legal issues of fundamental importance.

The Ministry of Defense or the authorities designated by it and the Federal Office for civilian service sign § 40 times of the military and civil service (1) the periods, where, persons pursuant to paragraph 3 sentence 1 Nos. 2 and 2a of the sixth book of the social code are resident; These periods of service in the acceding territory are especially to mark. The start and end of an interruption of the period of service, loss of money and benefits in kind are to be reported separately.
(2) in the messages referred to in paragraph 1 sentence 1 is in addition the contributory remuneration according to § 166 paragraph 1 No. 1 second and third half-sentence of the sixth book of the social code to specify when the people receive a loss of earnings compensation pursuant to the maintenance assurance Act or salaries due to a special military relationship according to § 6 of the usage re-use law. Section 38 (4) shall apply mutatis mutandis.
(3) article 34, paragraph 1 shall apply mutatis mutandis. The details of the procedure of data transmission are to settle by mutual agreement between the parties.
(4) the defence or civilian service has to specify its number of insurance under social security ID no later than at the time of service of the Department. § 5 paragraph 7 shall apply mutatis mutandis; the procurement data is to forward to the data center of the carrier of the pension insurance.
(5) the paragraphs 25 and 38 paragraph 5 shall apply mutatis mutandis.

§ 40a times of a special foreign use
(1) the Federal Ministry of Defense or the body appointed by reports on the periods for which the requirements for supplements to pay points for times of an end-use of abroad are available according to § 76e of the sixth book of the social code.
(2) 5 paragraph 3, and article 38, paragraph 2, 4 and 5 shall apply mutatis mutandis section.
Eighth section no. 8 of the fourth book of the social code is section 41 offences offences any person in the sense of § 111 1, who intentionally or recklessly runs 1 without approval according to § 18 sentence 1, also in conjunction with sentence 2, data transfer, 2. a required condition according to § 21 set 3 is contrary to, 3. contrary to section 25 para 1 sentence 1 a certificate not, incorrectly, incompletely or not timely passes or 4. contrary to section 25 para 2 sentence 2 the contents of the certificate does not or not kept for a prescribed period.
Ninth section post detection methods for other contributions section 42 post detection methods for other contributions section 26 applies to contributions and post forwarding according to § 252 par. 2 of the fifth book of the social code.