Law on the promotion of the cessation of agricultural activity

Original Language Title: Gesetz zur Förderung der Einstellung der landwirtschaftlichen Erwerbstätigkeit

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

Law on the promotion of the cessation of agricultural activity (FELEG)

Unofficial table of contents

FELEG

Date of completion: 21.02.1989

Full quote:

" Law on the promotion of the cessation of agricultural activity of 21 February 1989 (BGBl. 233), as defined by Article 441 of the Regulation of 31 August 2015 (BGBl). I p. 1474).

Status:	Last amended by Art. 6 G v. 12.4.2012 I 579
Note:	Amendment by Art. 441 V v. 31.8.2015 I 1474 (No 35) not yet taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 13.8.1988 + + +)

This provision is in accordance with. Art. 46 No. 1 G v. 29.7.1994 I 1890 notwithstanding Anl. I chap. VIII Sachg. H An. I n ° 45 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 1058 in the area mentioned in Article 3 of the agreement on 1 January 1995 in force. Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
Agricultural entrepreneurs

Unofficial table of contents

§ 1 Calculated persons

(1) A performance on account of the cessation of agricultural activity (production costs) shall be given to farmers within the meaning of Article 1 (2) of the Law on the Pensions of Farmers, which shall:

1.

a): the 55. Have completed life or
b): the 53. have completed life and are incapaciated in the sense of the law of statutory pension insurance in force until 31 December 2000,

2.

have been paid for at least 15 years as a farmer to the agricultural age group, of which have been uninterrupted for at least five years immediately prior to the application; periods of insurance pursuant to § 1 para. 3 of the Law on the Farmers ' pension rights remain unaccounted for,

3.

decommissioned or made use of the land used by them immediately prior to the application, and the use of land for a period of up to 5 years shall also apply in accordance with the provisions of the EEC legal provisions;

4.

the economic value within the meaning of the law on the age of farmers of the undertakings which they have managed to manage before the application has been made, by reducing the number of areas over the last five years, at the earliest from 1 January 1986, in order not to: as 10 of the hundred, unless the reduction was carried out on the basis of a measure which fulfils the conditions set out in § § 2 or 3, and

5.

have operated an agricultural enterprise which has the minimum size (§ 1 para. 5 sentence 1 of the Act on the Pensions of the age of the farmers) without the branches listed in § 1 (4) sentence 4 of the Act on the Pensions of Farmers farmers).

Contributions as a farmer shall be equal to contributions for the period from 1 July 1990 to 31 December 1994 on account of self-employed activity as a farmer within the meaning of Article 2 (1) (1) of the Second Law on the Health Insurance of Farmers (2) entitlement to benefit is not entitled to benefits under the conditions laid down in Council Regulation (EEC) No 1094/88 of 25 April 1988 amending Regulations (EEC) No 797/85 and (EEC) No 797/85 No 1760/87 with regard to the decommissioning of arable land and extensification and Conversion of production (OJ L 327, EC No L 106 p. 28). Unofficial table of contents

§ 2 set-aside

(1) An area shall be deemed to be closed if:

1.: agricultural use rests and a levy is not available within the meaning of Article 21 (1), (2) and (8) of the Law on the Protection of Retirement Age of farmers; measures for the environmentally sound maintenance of the set-aside land are permitted,
2.: it is forested for the first time under the conditions laid down in Article 21 (5) of the Law on the Pensions of Farmers.

(2) A set-aside does not exist if the economic value of the non-delivered part of the undertaking as defined in the Act on the Pensions of the Farmers, including the first foreruned areas, is the simple of the minimum size (Article 1 (5) of the (3) The area must be decommissioned up to the date on which an old-age pension can be claimed under the old-age pension scheme of farmers, but at least five years. The period of decommissioning of areas with which the person entitled to benefit was involved in a procedure under the Law on Parcel Unification or the period of decommissioning in accordance with Council Regulation (EEC) No 1094/88 of 25 April 1988 on the Amendment of Regulations (EEC) No 797/85 and No 1760/87 as regards the decommissioning of arable land and the extensification and conversion of production (OJ L 175, 5.7.1985, p. EC No 28) by Brachlaying without a change-over economy or by first reforestation is the same as regards the minimum set-aside period laid down in this Act. (4) The Federal Ministry of Labour and Social Affairs may, in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection More details on the conditions under which an area is deemed to be decommissioned, in particular also on permitted care measures by means of a legal regulation with the consent of the Federal Council . The environmental and nature protection, the landscape conservation and the regional planning must be taken into account. Unofficial table of contents

§ 3 levy of land

Section 21 (1), (2), (3), (7) and (8) of the Law on the Protection of Retirement Age of the Farmers Applies accordingly, with the proviso that the period pursuant to section 21 (2), third sentence, with the conclusion of the contract, but not before, shall be applied to the farmers ' age. Completion of the 55. Life year in the cases of § 1 sentence 1 (1) (a) and not before completion of the 53. The first sentence of the first sentence of Article 1 (1) (b) shall commend for the period of life and before the entry into force of the inability to work for the purposes of the law in force until 31 December 2000. However, a charge within the meaning of the first sentence shall be available only if:

1.

a): the use of a company which has been run for at least five years as a company of agriculture within the meaning of Article 1 (2) of the Law on the Pensions of Farmers, and which has been used for the purposes of
b): in the case of at least one person who is active in the undertaking, it is demonstrated by a corresponding vocational training that it is capable of properly managing an agricultural holding; is that person before 1 January 1954 , the evidence shall also be deemed to have been provided if, for at least five years, it has led a company of agriculture within the meaning of Article 1 (2) of the Law on the Pensions of Farmers,

2.

the use of conditions which are not more than 20 per cent more favourable than they are in the case of a levy on agricultural use, shall be transferred to

a): on purchasers who continuously withdraw the land for agricultural use, provided that the transfer of land is used for the purposes of protecting the environment, nature and the countryside, or improving the infra-or economic structure; or
b): a legal person under private or public law who, in accordance with the statutes, deals with the tasks of improving the structure, a local community or an association of the participating communities in accordance with the Law on the Purification of Parcel, a A local authority, a community association or a municipal association, provided that the areas taken are used for purposes of recreation and public health or for other public purposes, and are therefore permanently used by the local authorities. agricultural use, or provided that the use of the the area is transferred to an undertaking which satisfies the conditions laid down in point 1; or

3.

in the case of a cross-area sale of the selling price after deduction of the costs of disposal, no more than a small amount exceeds the amount to be used for the repayment of debts which are part of the agricultural undertaking and which are The application has been submitted.

(2) A levy is not available if:

1.: the accepting or his/her spouse is in a straight line with the transferor or his/her spouse, or the accepting person passes on the area taken over in a straight line with the transferor or his/her spouse; this applies not in the case of the supply of areas used for forestry, where the share of these areas at the economic value of the undertaking is not more than 30 per cent immediately prior to the date of application,
2.: the accepting person is married to the transferor or the accepting person passes on the transferred area to the spouse of the donor,
3.: a land lease contract under Section 4 of the Landlease Transport Act has been indisputably contested, or
4.: the company or parts thereof is delivered to one or more contractors.

(3) The return of land which is farmed under a lease or other use relationship shall be deemed to be the property of the owner only if the owner of a set-aside or levy within the meaning of this Act to other farmers. in writing. Unofficial table of contents

§ 4 Reorder

The land and forestry products for the market cannot be produced on the land not delivered by farmers under Article 21 (7) of the Law on the Pensions of Farmers. Section 51 (2) of the Evaluation Act does not apply. Production shall be considered to be in particular for the market if the value of the agricultural and forestry products produced for own consumption exceeds a seventh of the reference quantity (Section 18 of the Fourth Book of the Social Code). Forestry products, which are produced by necessary care measures, remain unaccounted for. Unofficial table of contents

§ 5 Benefits of survivors

Widows and widows farmers in accordance with § 1 (1) shall receive a production pension if:

1.

they have not remarried,

2.

the conditions laid down in Article 14 (1), first sentence, of the Law on the Pensions of Farmers are fulfilled; § 14 (1) sentence 2 to 4 of the Law on the Pensions of Farmers,

3.

they are not farmers within the meaning of the law on the age-saving of farmers, and

4.

the deceased spouse

a): was entitled to benefit at the time of death, or
b): had fulfilled the conditions laid down in Article 1 (1), the date of death of the deceased spouse being replaced by the date of the death of the deceased spouse and the conditions laid down in Section 1 (1) (3) and (4) also by the widow or widower. can be fulfilled.

§ 14 (2) and (14a) of the Law on the Pension Protection of Farmers are applicable accordingly. Unofficial table of contents

§ 6 Amount of benefit

(1) A basic amount and a surcharge (area surcharge) shall be paid as a production pension. (2) The basic amount of a production pension according to § 1 shall be as a rule-age pension under the old-age insurance law. of farmers, or paid in the case of pensions already in operation on 31 December 1994. If the claim is based on the basic amount after 30 June 1995, the calculation of the basic amount of the amount calculated as an old-age pension pursuant to section 23 of the Law on the Pension Protection of Farmers shall be calculated for married persons with 1.5 shall be multiplied, unless the spouse of the person entitled relates to a pension in accordance with the law on the retirement of farmers. The basic amount of a production pension in accordance with § 5 shall be calculated in the same way as a widow ' s pension or a widow ' s pension under the old-age pension scheme, or shall be paid in the case of pensions already in operation on 31 December 1994. The basic amount will be adjusted in accordance with the law on farmers ' old-age pensions by 1 July of each year, such as pensions. (3) The surcharge shall be 76.70 euro per hectare per annum, up to an average yield of each year's income. Plot of 25, for each additional average yield of 5.20 Euro, but not more than 306.80 Euro per hectare of set-aside land. If the yield measurement number of the parcels is not entered in the property register or if the total area of the holding is closed, the surcharge may be applied on the basis of the yield measurement figures of the parcels of land in the unit value statement of the Operation is calculated. In the case of wine and horticulture, the area surcharge amounts to 306.80 euros per hectare per year. In the case of afforestation pursuant to Article 2 (1) (2), a double surcharge shall be granted, but a maximum of EUR 306.80 per hectare per year. The area surcharge shall not be granted for land,

1.: which have not been farmed for at least five years before the date of application by the person entitled to benefit as a farmer in accordance with Article 1 (2) of the Law on the Pensions of Farmers; periods of management of land with which the person entitled to benefit has been involved in a procedure under the Parcel Cleaning Act or whose use in accordance with Section 3 (1) sentence 2 (2) (b) is transferred to a person who satisfies the condition of § 3 (1) sentence 2 No. 1, including: of the period for which, under the provisions of the law on the cleaning of land, a use was not possible, calculated at the minimum management time,
2.: in respect of which, in accordance with Article 9 of Council Regulation (EEC) No 1442/88 of 24 May 1988 on the granting of permanent abandonment premiums in respect of wine-growing years 1988/89 to 1995/96 (OJ L 139, 30.4.1988, p. EC No 3), an annual premium is paid for the permanent abandonation of vineyards.

Unofficial table of contents

§ 7 Start and End of Performance, Procedure

(1) The provisions of the law on the provision of pensions for farmers on the grounds of death in the event of a disappearance, the beginning, modification, rest and end of pensions, the exclusion and reduction of pensions, the benefits paid to persons entitled to benefits abroad, on the start and conclusion of the procedure, on payment and adjustment and on the calculation principles shall apply accordingly. Section 30 (2) of the Act on the Pension Protection of Farmers shall also apply in cases where a person entitled to benefit is subject to the area not discharged under Article 21 (7) of the Law on the Penal Protection of Farmers agricultural products for the market. Where contracts for the supply of agricultural land are concluded before the expiry of the minimum period (§ 3 para. 1 sentence 1) or the decommissioning of an area is terminated before the expiry of the minimum period (§ 2 para. 3), the right to a production pension shall be suspended by the Start of the third month following the termination of the contracts or the closure of the contract. The performance shall be returned from the beginning of the month in which obligations shall be effective which ensure the use of the land in accordance with § § 2 and 3 for the respective minimum period of time due to the prematurely terminated contracts. (2) The right to a production pension shall also be based on the end of the calendar month in which the period of residence shall be calculated on the basis of the minimum period of time spent.

1.

a): agricultural products, irrespective of soil management; or
b): Agricultural or forestry products on a land other than that provided for in Article 21 (7) of the Law on the Pensions of Farmers of Farmers

are produced for the market,

2.

the insurance, as a member of the family, starts or persists in the pension scheme of farmers; or

3.

an employment subject to pension rights as a worker in a company producing, producing, or continuing to produce agricultural or forestry products for the market.

If an employed or self-employed activity is pursued for more than three years after the first sentence, the right shall be taken. (3) If the conditions for a retirement pension are fulfilled in accordance with the law on the protection of farmers by old age, or has the right to Widow or the widower the 45. The age of retirement is determined by the age-old agricultural pension under the old-age pension scheme of the farmers. The beneficiary shall be obliged to take the necessary measures to ensure that the undertaking of the agricultural sector without delay is to be submitted in accordance with the provisions of the law on the retirement of farmers, as soon as the remaining conditions are met: for a regular old-age pension or for a widower's pension or widower's pension of 45. Year of life is fulfilled. In addition to an early retirement pension under the old-age pension scheme, the basic amount of the production costs shall be paid at the latest until the end of the calendar month in which the nominee shall limit the rule-age limit by the (4) The surcharge shall be paid monthly and at the latest until the end of the decommissioning by the beneficiary. (5) The proof of the conditions of § 3 (1) sentence 2 (2) (a) and (5) No 3 shall be replaced by a certificate issued by the competent authority in accordance with national law, the Proof of the conditions laid down in Article 3 (1), second sentence, point 2 (b) shall be provided by a certificate issued by the receiving authority. (6) The body carrying out the procedure shall have an office of officant in the case of the authorization and during the current payment of a To check whether the conditions are met, or to check the production costs or the compensatory amount. Unofficial table of contents

§ 8 coinciding with income

(1) Trifft a production pension with pay, labour income and comparable income without taking into account labour income from agriculture and forestry and with income from employment within the meaning of Section 3 (4) of the Act The basic amount of the production costs shall be 60 of the hundred of the amount to which the person entitled to benefit and his/her spouse, who is not permanently separated from him, shall be entitled to the age of the farmer. Monthly income (paragraph 2) is 58 times the general pension value in accordance with section 23 (4) § 18b (1) to (4) and § § 18c and 18e of the Fourth Book of the Social Code apply accordingly. (3) § § 18c and 18e of the Fourth Book of the Book of Social Code (Social Code) (4) The income statement on a survivor's pension from the accident insurance or a pension on the basis of death from the statutory pension insurance takes precedence over the income statement on a pension under this law. The amount of the income remaining after the application of paragraph 1 shall be reduced by the amount by which the pension under the first sentence of the income statement has already been reduced. (5) An early retirement pension, a pension because of the Reduction of the labour force, a widow's pension and a widower's pension under the pension scheme of farmers are credited to the basic amount of the production pension. (6) As long as the provisions of paragraphs 1 and 5 of this Regulation are in the case of non-established income, the agricultural age group may only pay advances. (7) The right to the basic amount of the production talents does not exist for the time for which the

1.: which, according to § 1, is entitled to a regular-age pension under the old-age insurance law of the farmers, or
2.: the entitlement to a widower's pension or a widower's pension under the law on the pension scheme of farmers in accordance with § 5; does not yet have the right to benefit from the 45. This shall only apply if he has applied for the pension.

The entitlement to the surcharge shall remain unaffected. (8) If a company is operated by the person entitled to benefit or whose spouse is not permanently resident in another country, the income obtained from the company shall be paid. to the production costs, and this shall apply if:

1.: the spouse of the person entitled to benefit not permanently from him, who operates a company in the country of agriculture, or
2.: Cash benefits are obtained from other public service bodies for the same period of time for the decommissioning or the delivery of agricultural land.

Footnote

(+ + + § 8 (1) to (3), 8: For application, see § 22 F. from 1.1.1995 + + +)

Second section
Agricultural workers and members of the family

Unofficial table of contents

§ 9 Authorized persons

(1) Employees who are insured in the statutory pension insurance scheme and members of the family who are subject to insurance under the old-age insurance scheme shall receive a compensation if:

1.: their employment in an agricultural enterprise within the meaning of Article 1 (2) of the Law on the Pensions of Farmers by reason of the closure of the old age (§ 2) or levy (§ 3), and
2.: in the last 120 calendar months prior to the application, they have at least 90 calendar months in companies of the agricultural sector within the meaning of Article 1 (2) of the Law on the Pensions of Farmers, of which in the last 48 calendar months before the application At least 24 calendar months in which the company has been active in this undertaking have been appointed to set up or submit a company.

Benefits shall be granted at the earliest from completion

1.: of the 55. Life Year,
2.: of the 53. Life-year if the person entitled to work is incapaciated in the sense of the law of the statutory pension insurance scheme applicable until 31 December 2000;

the relevant year of life must be completed before 1 January 1997. (2) widows or widows of the persons referred to in paragraph 1 shall receive a compensation if:

1.: they have not remarried,
2.: the conditions laid down in Article 14 (1), first sentence, of the Law on the Pensions of Farmers are fulfilled; § 14 (1) sentence 2 to 4 of the Law on the Pensions of Farmers,
3.: they are not farmers within the meaning of the law on the age-saving of farmers, and
4.: the deceased spouse was entitled to the performance at the time of death.

§ 14 (2) and (14a) of the Law on the Pension Protection of Farmers are applicable accordingly. Unofficial table of contents

§ 10 Amount of benefit

(1) The compensatory allowance shall be 65 per cent of the gross earnings. Widows or widows of the persons entitled to benefit receive 60% of the amount referred to in the first sentence. (2) Gross remuneration within the meaning of paragraph 1 is

1.: in the case of employees, the salary which the retired worker has last achieved on average in the month before the end of employment in the agricultural enterprise, in so far as it is the limit for the contribution to be measured in the general Pension insurance does not exceed
2.: in the case of co-working members of the family who are not subject to pension insurance obligations, the gross value of the benefits in kind plus cash benefits before the closure or delivery of the holding; the gross value of the persons employed by the former employer Additional benefits in kind or cash shall be deducted from this gross earnings.

(3) In each case, the compensatory allowance shall be increased by 1 July each year by the percentage by which the pensions of the statutory pension insurance scheme are adjusted at that time. Unofficial table of contents

§ 11 Beginning and End of Performance, Procedure

1.

with the end of the calendar month before the month, from which a)

: According to § 9 para. 1 persons entitled to benefit, a retirement pension from the statutory pension insurance scheme or under the old-age pension scheme of the farmers or
b): according to § 9 para. 2 persons entitled to benefit due to completion of the 45. Year of life a widower's pension or widower's pension from the statutory pension insurance or under the law on the retirement insurance of farmers

can claim

2.

by the end of the calendar month in which the beneficiary as a farmer pursuant to Section 1 (2) of the Law on the Pensions of the Farmers or as a member of the family as a member of the family according to § 1 (8) of the Law on the Pension Protection of Farmers .

Unofficial table of contents

§ 12 coinciding with income

Entitlement to compensation shall be based on the period during which the person entitled to benefit is entitled to

1.: carry out an occupation or self-employed activity which exceeds the de minimis limit of Article 8 of the Fourth Book of the Social Code,
2.: Sickness benefit, health care allowance, transitional allowance or injury benefit from a social security institution, compensation for compensation or assistance under the Third Book Social Code, old-age transitional allowance under the Employment Promotion Act in the up to 31 December 1997, inclusion allowance under the Labour Promotion Act in the version in force until 31 December 1992 or an early retirement benefit from the Federal Employment Agency in accordance with Annex II, Chapter VIII, Sachgebiet E Section III (5) of the Agreement of 31 August 1990 (BGBl. 1990 II p. 885, 1210).

The claim shall be deemed to have taken place if the employment or self-employed activity in accordance with the first sentence of 1 n ° 1 lasts for more than three years. No free amount will be charged

1.: a performance in accordance with the principles for the promotion by means of an adjustment aid in accordance with the framework plan of the Community task "Improvement of agricultural structures and coastal protection",
2.: a pension for reduced earning capacity, an old-age pension before reaching the age limit, a small widow's pension or a small widower's pension, or a large widow's pension or a large pension for the education of a child or because of the Loss of employment from statutory pension insurance,
3.: a retirement pension or an early retirement pension under the old-age pension scheme of farmers,
4.: a widower's pension or a widower's pension on account of the upbringing of a child or a reduction in employment under the old-age pension scheme of the farmers.

Section 8 (4) shall apply accordingly. The provision on the revocation of the right to unemployment benefit in the case of pay and leave of leave and the provision on the transfer of redundancy compensation to unemployment benefit under the Third Book of Social Code shall apply accordingly. Unofficial table of contents

Section 13 Termination of employment due to set-aside, extensification, abandonment of vineyards and apple-tree rodung

(1) § § 9 to 12 shall apply to employees and assisting family members whose employment in a company in the agricultural sector is based on a measure in accordance with the conditions laid down in

1.: Council Regulation (EEC) No 1094/88 of 25 April 1988 amending Regulations (EEC) No 797/85 and (EEC) No 1760/87 as regards the closure of arable land and the extensification and conversion of production (OJ L 378, 31.12.1988, p. EC No 28) by the decommissioning of arable land or extensification of production,
2.: Council Regulation (EEC) No 1442/88 of 24 May 1988 on the granting, for the 1988/89 to 1995/96 wine years, of permanent abandonment premiums in respect of wine-growing areas 1988/89 to 1995/96 (OJ No L 73, 27.3.1988, p. EC No L 132 p. 3),
3.: Council Regulation (EEC) No 1200/90 of 7 May 1990 on the rehabilitation of Community apple production (OJ L 327, 31.12.1990, p. EC No L 119 p. 63),
4.: Council Regulation (EEC) No 2176/90 of 24 July 1990 amending Regulation (EEC) No 797/85 as regards set-aside for the purposes of non-food production (OJ L 139, 30.4.1990, p. EC No L 198 p. 6),
5.: Council Regulation (EEC) No 1703/91 of 13 June 1991 as regards special arrangements for a set-aside period of 1 year (OJ L 327, 31.12.1991, p. EC No L 162 p. 1),
6.: Other EEC legal provisions relating to the decommissioning or extensification of agricultural land

(2) The entitlement of a worker to receive compensation shall not be deemed to be a fact, within the meaning of Section 1 (2), Sentence 1 of the Termination Protection Act, as a fact that is justified by the employer's dismissal of the employment relationship; may also not be taken into account in the social choice in accordance with Section 1 (3) sentence 1 of the Dismissal Protection Act to the detriment of the employee.

Footnote

(+ + + § 13 (1) (3) to (6)): § 22 F. from 1.1.1995 + + +)

Third Section
Supplementary protection of the recipients of production expenses or compensatory allowances

Unofficial table of contents

§ 14 Pension protection of farmers, agricultural accident insurance, health insurance of farmers, social care insurance

(1) The Federal Government shall bear the contributions to the Agricultural Accident Insurance, insofar as they are to be paid for land set aside pursuant to § 2, which are maintained by the person entitled to benefit and for which a surcharge is paid. They are paid by the Federal Government to the Agricultural Retirement Fund. (2) Balance on 31 December 1994 entitlement to the basic amount of the production talents and on 31 December 1994 the Federal Government has paid the contributions to the aid for the elderly, as from 1 January 1995, contributions to farmers ' pension schemes shall be paid as long as they have been paid for as long as they have been paid for as long as they have been paid for by production.

1.: the person entitled to benefit the 60. Year of age has not yet been completed; or
2.: after completion of the 60. The waiting period of 15 years has not yet been fulfilled.

If there is an insurance obligation pursuant to Section 84 (2) of the Law on the Pensions of the Farmers, contributions are not to be paid. (3) As long as there is no employment relationship subject to pension insurance, the following shall apply in the case of co-operating (4) Farmers who receive a production pension and family members who receive compensatory allowances are during the period of the payment of compensatory allowances. of the payment of these benefits pursuant to § 2 (1) (4) of the Second Act on the health insurance of farmers and Article 20 (1), second sentence, No. 3 of the Eleventh Book of the Social Code, if they were insured directly in the agricultural sickness insurance scheme and were not covered by the insurance scheme. The insured person is still subject to sickness benefit. The reference to the basic amount of the production pension and the compensatory allowance shall be considered to be related to a pension on the basis of a reduction in employment under the old-age pension scheme of the farmers. § 29 (4) and § § 30 and 31 of the Second Law on the Health Insurance of Farmers shall apply accordingly. § 35a of the Law on the Pension Protection of Farmers is to be applied accordingly. (5) For farmers, § 1 para. 2 shall apply mutadencily. Unofficial table of contents

§ 15 Legal pension insurance and health insurance, social care insurance, supplementary pension for agricultural workers

(1) The time of the payment of compensation for agricultural workers shall apply to the statutory pension insurance as an employment subject to pension insurance; the responsibility of the previous institution of the statutory pension insurance scheme remains unaffected. The basis for the assessment of contributions in statutory pension insurance is the calculation of the compensatory amount on the basis of the gross earnings. The contribution assessment basis shall be increased by 1 July of each year in accordance with the adjustment of the compensatory allowances. The federal government carries the contributions and leads them to the agricultural retirement fund. The latter shall forward the contributions immediately to the institutions of the statutory pension insurance scheme. The further information on payment and settlement can be regulated by the Agricultural Retirement Fund and the statutory pension insurance institutions by agreement. (2) Insofar as the provisions of the statutory pension insurance obligations are obligations for employers , these shall apply in accordance with the provisions relating to the payment of the compensatory amount. § 70 (4) and § 194 of the Sixth Book of Social Code apply accordingly. (3) During the payment of compensation, employees are insured in the statutory health insurance in accordance with § 5 (1) No. 1 of the Fifth Book of Social Code, if: they were insured in the statutory health insurance immediately prior to the performance reference and are not employed subject to insurance nor receive sickness benefit. The reference to compensation is considered to be a reference to pay. The Federal Government bears the employer's shares in the health insurance contributions and takes them to the agricultural retirement fund. Together with the employees ' shares, the employer shares the employer's shares with the statutory health insurance providers. To the extent that the Fifth Book of Social Code provides for obligations for employers, they apply to those who are obliged to pay the compensatory allowance. (4) During the payment of compensation, employees are in the social care insurance scheme According to § 20 (1) sentence 2 no. 1 of the Eleventh Book of the Social Code, if they were insured in the statutory nursing care insurance immediately prior to the receipt of benefits and do not have to be subject to insurance, they are not covered by sickness benefit. The provisions of the second sentence of paragraph 3 shall apply accordingly. To the extent that the Eleventh Book of Social Code provides for obligations for employers, they shall apply to those who are obliged to pay the compensatory allowance. (5) Time of payment of compensatory allowance for agricultural workers shall be the time an employment as an agricultural worker in accordance with Article 12 (1) of the Law on the establishment of a supplementary pension fund for workers in agriculture and forestry. Unofficial table of contents

§ 15a Contradiction and action against the change in the payment amount of the production costs and of the compensatory allowance as of 1 April 2004

Opposition and action against

1.: the change in the amount of the production pension or the compensatory allowance;
2.: the fixing of the contribution grant in accordance with Article 35a of the Law on the Pensions of Farmers, or
3.: the omission of the contribution grant pursuant to section 35b of the Law on the Pensions of Farmers

on 1 April 2004, on the basis of a change in the general contribution rates of the health insurance funds, a change in the average general contribution rate of the health insurance funds or the reorganisation of the support for the contributions to the care insurance scheme no suspensive effect. Unofficial table of contents

Section 16 Termination of employment due to set-aside, extensification, abandonment of vineyards and apple-tree rodung

Article 14 (3) and (4) and Article 15 shall apply mutas to employees of the family and to employees whose employment in a company in agriculture is based on a measure in accordance with the conditions laid down in

1.: Council Regulation (EEC) No 1094/88 of 25 April 1988 amending Regulations (EEC) No 797/85 and (EEC) No 1760/87 as regards the closure of arable land and the extensification and conversion of production (OJ L 378, 31.12.1988, p. EC No 28) by the decommissioning of arable land or extensification of production,
2.: Council Regulation (EEC) No 1442/88 of 24 May 1988 on the granting, for the 1988/89 to 1995/96 wine years, of permanent abandonment premiums in respect of wine-growing areas 1988/89 to 1995/96 (OJ No L 73, 27.3.1988, p. EC No L 132 p. 3),
3.: Council Regulation (EEC) No 1200/90 of 7 May 1990 on the rehabilitation of Community apple production (OJ L 327, 31.12.1990, p. EC No L 119 p. 63),
4.: Council Regulation (EEC) No 2176/90 of 24 July 1990 amending Regulation (EEC) No 797/85 as regards set-aside for the purposes of non-food production (OJ L 139, 30.4.1990, p. EC No L 198 p. 6),
5.: Council Regulation (EEC) No 1703/91 of 13 June 1991 as regards special arrangements for a set-aside period of 1 year (OJ L 327, 31.12.1991, p. EC No L 162 p. 1),
6.: Other EEC legal provisions relating to the decommissioning or extensification of agricultural land

ends. Section 9 (1), second sentence, shall apply accordingly.

Footnote

(+ + + § 16, sentence 1, no. 3 to 6: For application, see § 22 F. from 1.1.1995 + + +)

Fourth Section
Implementation, application of other regulations, cost-bearing

Unofficial table of contents

Section 17 Enforcement

This law is carried out by the agricultural age group. In the implementation of the law, it is subject to the instructions of the Federal Ministry of Labour and Social Affairs, which are issued in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection. Unofficial table of contents

§ 18 Application of other provisions

(1) Unless otherwise provided by this law, the provisions of the First, Fourth and Tenth Book of the Book of Social Code shall apply mutagenously to the age-assurance of farmers. Is due to the participation of the person entitled to benefit or his lack of participation

1.: the right to be applied inappropriately, or
2.: have been presumed to be inaccurate,

, the administrative act with effect for the past shall be withdrawn. In addition, § 34 (3) and (4) of the Law on the Pension Protection of Farmers is applicable. (2) The persons responsible for the examination and supervision by the competent authority shall be allowed to work during the day on working days Enter the property of the person entitled to benefit within the meaning of the First Section and carry out inspection and monitoring measures there, insofar as this is necessary to verify the condition of the conditions of a measure pursuant to § 2. (3) Federal Ministry of Labour and Social Affairs, in agreement with the Federal Ministry for Economic Affairs Nutrition, Agriculture and Consumer Protection with the consent of the Federal Council with the consent of the Federal Council Approximation of the cooperation of the implementing bodies with the competent authorities of the countries to ensure the implementation of this law, in particular, in the review of the conditions under which an agricultural area is deemed to have been shut down or discharged. In so doing, the review of the condition of the conditions under which an agricultural area is deemed to be closed or delivered may be directly transferred to the competent authorities of the countries. (4) Disputes in matters of this Law are disputes in matters of social security. Unofficial table of contents

§ 18a Farmers in the accession area

(1) § 1 shall apply to farmers who are self-employed in the accession area even if they are:

1.: had their residence in the accession area on 1 July 1990,
2.: on 1 July 1990 in the Accession Area in the statutory pension insurance scheme, and
3.: before the application, contributions as a farmer to the agricultural age group or as an agricultural contractor within the meaning of Article 2 (1) (1) of the Second Law on the health insurance of farmers to the the agricultural health insurance fund,

where contributions for the period prior to 1 January 1995, as required under section 1 (1) (1) (2), are also credited after 30 September 1957 which, in accordance with the provisions of the Sixth Book of the Social Code, are based on periods of contribution, Federal law; periods from 1 January 1991 to 31 December 1994 shall be taken into account only if the insurance obligation has passed pursuant to Section 2 (1) (1) of the Second Law on the Health Insurance of Farmers, or only on account of § 3 (3) (1) of the Law on the Protection of Farmers. 1 No 1 of the Second Law on the Health Insurance of Farmers has not passed. (2) Calculation of the amount of the basic amount shall be taken into account in the contributions to be calculated in accordance with paragraph 1, unless they are already taken into account in the determination of the monthly amount of a pension from the statutory pension insurance scheme; periods before the 1 January 1991 will be multiplied by five sixths. § 102 of the Law on the Pensions of Farmers applies accordingly. (3) In the application of Section 6 (3), sentence 5, No. 1, periods of management of an area in the accession area shall be due to the persons entitled to benefit prior to 1 January 1995. Periods of management by a person entitled to benefit as a farmer in accordance with Section 1 (2) of the Law on the Pension Protection of Farmers. The minimum management period of five years shall be deemed not to be less than if the person entitled to benefit has managed the set-aside period from the beginning of his self-employed activity as a farmer to an uninterrupted period of time. (4) Section 1 of the Law on the Pensions of Farmers is applicable in accordance with Section 102 of the Act. § 8 (7) applies to persons who are entitled to a production pension pursuant to paragraph 1, if the right to a regular retirement pension or a widower's pension or widower's pension is the statutory pension insurance. Unofficial table of contents

Section 18b levy on undertakings in the accession area

Where the use is made of a company having its head office in the territory of accession, periods of existence before 1 January 1995 shall continue to apply to the five-year period applicable to the enterprise of agriculture pursuant to Article 3 (1), second sentence, of the second sentence of Article 3 (1) (1) (1) of the Treaty. In this case, periods from 1 January 1991 to 31 December 1994 shall be taken into account only in so far as the company has fulfilled the conditions laid down in Article 2 (1) (1) of the Second Law on the Health Insurance of Farmers. Unofficial table of contents

§ 18c Workers and family members working in the accession area

(1) Employees working in the territory of accession and family members working in the territory of the Member States, who

1.: had their residence in the accession area on 1 July 1990, and
2.: on 1 July 1990 in the accession area, were employed subject to pension insurance,

§ 9 shall apply, provided that the periods of activity required pursuant to Section 9 (1), first sentence, No. 2 are also periods of principal professional activity in an agricultural production cooperative, a fully-owned commodity or a comparable (2) The compensatory allowance is adjusted as the pensions of the statutory pension insurance in the accession area. (3) On 31 December 1994, one of the benefits referred to in section 12, first sentence, no. 2, was acquired, the right to be paid to Compensatory allowance for persons entitled to employment in a country situated in the accession area (4) In the case of beneficiaries who are entitled to benefits within the meaning of the first sentence of Article 12 (2) of the 31 December 1994 (4), the company shall cease to apply for the benefit of the benefits under the terms of Section 12, first sentence, of the following: Article 12, first sentence, No 2, is not to be applied until 30 June 1996 in the case of the acquisition of a right to compensation for the purpose of acquiring and employment in an agricultural enterprise located in the territory of accession. If these beneficiaries are granted the right to compensation with effect before 1 July 1996, the benefits provided for in Article 12, first sentence, No. 2 shall have effect from the date on which the right to compensation is granted. Unofficial table of contents

§ 18d Special features for the accession area

Section 228a of the Sixth Book of the Social Code and Section 83 (3) of the Law on the Pension Protection of Farmers apply accordingly. Unofficial table of contents

§ 18e Special features for foreign countries

For persons entitled to benefit under this Act, employment or self-employment as well as the attainment of income abroad shall be equal to those within the scope of this Act.

Footnote

(+ + + § 18e: For application cf. § 22 F. from 1.1.1995 + + +) Unofficial table of contents

Section 19 Costing

The performance expenses and the administrative costs incurred in the implementation of this law shall be borne by the Federal Government.

Fifth Section
Final provisions

Unofficial table of contents

Section 20 freezing of the scheme

As from 1 January 1997, this law shall apply only if the conditions for entitlement to the claim have been fulfilled for the first time before that date. Unofficial table of contents

Section 21

- Unofficial table of contents

Section 22 Transitional provisions

(1) § 8 (1) to (3) shall apply for the first time to benefits which are already in whole or in part due to the meeting with income on 31 December 1994, if the relevant income changes. (2) § 8 (8) applies only to cases in which (3) § 13 (1) (3) to (6) and § 16 sentence 1 (3) to (6) shall apply from the date of its entry into force to an issue even if, before that date, the (4) § 18e applies only to cases in which performance is not yet available on 18 June 1994. was finally fixed. Unofficial table of contents

Section 23 Entry into force

(1) This Act shall enter into force, subject to paragraph 2, with effect from 1 January 1989. (2) § § 13 and 16 as well as herewith also the provisions of the third and fourth sections as well as § 21 enter into effect with effect from 13 August 1988 in Power. However, payments shall not be due until 1 January 1989.