Second Law on the Health Insurance of Farmers (KVLG 1989)

Unofficial table of contents

KVLG 1989

Date of completion: 20.12.1988

Full quote:

" Second Act on the Health Insurance of Farmers of 20 December 1988 (BGBl. 2477, 2557), by Article 440 of the Regulation of 31 August 2015 (BGBl I). I p. 1474).

Status:	Last amended by Art. 11 G v. 23.12.2014 I 2462
Indirect amendment by Art. 12 G v. 23.12.2014 I 2462 is taken into account
Note:	Amendment by Art. 8 G v. 16.7.2015 I 1211 (No 30) not yet taken into account
	Indirect amendment by Art. 11 G v. 16.7.2015 I 1211 (No 30) not yet taken into account
	Amendment by Art. 9 G v. 17.7.2015 I 1368 (No 31) not yet taken into account
	Amendment by Art. 440 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 evidence from: 1.1.1999 + + +) 
(+ + + measures due to EinigVtr cf.  KVLG 1989 Annex EV; 
 No more to be used in accordance with the provisions.  Art. 1 (6) (d) 
 DBuchst. aa G v. 21.1.2013 I 91 mWv 29.1.2013 + + +) 

  

The G was referred to as Article 8 d. G v. 20.12.1988 I 2477 of the Bundestag with the consent of the Bundesrat. It is gem. Article 79 (1) of this Act entered into force on 1 January 1989, by way of derogation from the provisions of Section 55, which entered into force on 1 January 1990. Art. 79 (3) G v. 20.12.1988 I 2477 (GRG).

First section
Tasks of the Agricultural Health Insurance Fund, insured persons

Unofficial table of contents

§ 1 Tasks of health insurance for farmers

The agricultural health insurance fund as a solidarity community has the task of maintaining, restoring or improving the health of the insured persons. In accordance with the following provisions, it provides services for the prevention of diseases, occupational health promotion and the prevention of work-related hazards, the promotion of self-help, the early detection of diseases and the disease. § § 1 to 2a and 4 (4) sentence 1 of the Fifth Book of the Social Code shall apply accordingly. Unofficial table of contents

§ 2 Compulsory insured

(1) The health insurance of farmers is subject to insurance

1.

Agriculture and forestry operators, including wine and horticulture, pond farming and fish farming (agricultural entrepreneurs), whose business is based on land management, irrespective of the operator concerned, and the minimum size is reached; § 1 (5) of the Law on the Pensions of Farmers is applicable,

2.

Persons acting as agricultural entrepreneurs without their undertaking reaching the minimum size referred to in point 1, if:

a)

their agricultural enterprise does not exceed the minimum level fixed in accordance with Article 1 (5) of the Law on the Pensions of Farmers, by no more than half, and

b)

the remuneration and labour income which they have in addition to the income from the agricultural undertaking and the early retirement allowance, referred to in Article 5 (3) of the Fifth Book of the Social Code, in the calendar year half of the annual The reference quantity in accordance with § 18 of the Fourth Book of the Social Code does not exceed

3.

assisting family members of an agricultural enterprise if they have completed the age of fifteen or if they are employed as apprentices in the agricultural undertaking,

4.

persons who fulfil the conditions for the receipt of a pension under the pension scheme of farmers and who have applied for that pension;

5.

Persons who have completed the sixty-fifth year of life and, during the last fifteen years before the completion of the sixty-fifth year of life, at least sixty calendar months as agricultural operators as specified in paragraph 1 or 2, or as co-working members of the family referred to in point 3, and the surviving spouses and registered partners (life partners) of such persons,

6.

persons who fulfil the conditions for an insurance obligation pursuant to Article 5 (1) (2) or (2a) of the Fifth Book of the Social Code,

7.

Persons who fulfil the requirements for an insurance obligation pursuant to Section 5 (1) (13) of the Fifth Book of the Social Code.

(2) Agricultural operators referred to in paragraph 1 (1) shall be considered to be operators of inland fishing, beekeeping and migrant workers whose undertakings shall reach the minimum size irrespective of the operator concerned; for the determination of the minimum size § 1 (5) sentence 2 to 4 of the Law on the Pension Protection of Farmers. In so far as the following provisions relate to agricultural undertakings, they shall apply mutatily to the undertakings referred to in the first sentence. (3) Entrepreneurs shall be those who carry out their professional activities independently. Members of a commercial company or members of a legal person shall be deemed to have limited liability if they are active in the enterprise and are not legally required to act in accordance with the law Pension insurance is insured. If the spouse or partner of life jointly operates an agricultural enterprise, the spouse or partner shall be deemed to be an entrepre, who shall direct the company mainly. If it is not possible to determine who mainly manages the company, the health insurance company determines which spouse or life partner is considered an entrepre. (4) Family members of the family are relatives up to the third degree and until the the second degree as well as foster children (persons with whom the entrepre, his spouse or his partner is connected by a family-like, longer-term band, provided that he has included it in his/her household) of a agricultural trader within the meaning of paragraph 3, of his or her spouse or of his Life partners who are mainly employed in their agricultural business. If both spouses or partners are members of the family, only those who are mainly employed in the agricultural undertaking are subject to insurance; paragraph 3, sentence 4, shall apply accordingly. As a member of a member of the family, the spouse or life partner of the agricultural worker who, on the basis of an employment in the agricultural enterprise of the other spouse or partner, is subject to the conditions laid down in § 5 (1) (4a) According to paragraph 1 (1) (1) to (6), non-insurers are not subject to the obligation to provide insurance for those outside the agricultural and forestry sector. (5) The condition of the Insurance for the persons referred to in paragraph 1 (3) shall not be subject to the following conditions: (1) or (2) for the persons referred to in paragraph 1 (4), that they are not subject to insurance under paragraph 1 (1), (2), (3) or (6) and for the persons referred to in paragraph 1 (5), that they are not subject to the provisions of paragraph 1 1, 2, 3 or 4. (6) The reference to the early retirement pension referred to in Article 5 (3) of the Fifth Book of the Social Code shall be equal to a main professional employment as a member of the family who is a member of the family, if the Family members immediately prior to the early retirement pension referred to in paragraph 1 (3) was subject to insurance. Agricultural operators referred to in paragraph 1 (3) shall also be considered to be responsible for the payment of early retirement benefits. (6a) In accordance with paragraph 1 (7), non-insurers are required to pay insurance under the provisions of paragraph 1 (1) to (6); voluntary member or pursuant to § 7 or § 10 of the Fifth Book of the Social Code. The first sentence shall apply to recipients of benefits under the third, fourth, sixth and seventh chapters of the Twelfth Book of the Social Code and for recipients of current benefits under Section 2 of the Asylum Seekers Benefits Act. Sentence 2 shall also apply if the performance reference is interrupted for less than one month. The right to benefits in accordance with Section 19 (2) of the Fifth Book of the Social Code shall not be considered as a safeguard in the case of illness within the meaning of paragraph 1 (7), provided that there is no other entitlement to protection in the event of illness following this. (7) Those who are subject to insurance and who are insured with a private health insurance company can terminate the insurance contract with effect from the entry of the insurance obligation. This also applies if insurance enters into force in accordance with § 7. (8) If insurance under § § 2, 6 or 7 does not apply after termination of the insurance contract or an insurance is terminated in accordance with § § 2 or 7 of the insurance contract before the insurance contract is fulfilled. Pre-insurance period in accordance with § 6, the private health insurance company is obliged to resign an insurance contract if the previous contract has passed uninterrupted for at least five years prior to its termination. The contract is concluded without a risk assessment on the same tariff conditions that existed at the time of the termination of the contract; the retirement provisions acquired up to the date of the termination are to be attributed to the contract. If a statutory health insurance is not justified under sentence 1, the new insurance contract shall enter into force on the day following the termination of the previous insurance contract. If the statutory health insurance after the first sentence is completed before the pre-insurance period is fulfilled, the new insurance contract will enter into force on the day after the statutory health insurance is terminated. The obligation under sentence 1 shall end three months after the termination of the insurance contract if an insurance company has not been established in accordance with § § 2, 6 or 7. In the event of termination of the insurance pursuant to § § 2 or 7 before the pre-insurance periods are fulfilled in accordance with § 6, the obligation shall expire after the first sentence of 1 to 12 months after the end of the private insurance contract. (9) Foreigners who are not members of the insurance company of a Member State of the European Union, nationals of a Contracting State of the Agreement on the European Economic Area or nationals of Switzerland, shall be covered by the insurance obligation referred to in paragraph 1, point 7, if they have: Residence permit or a residence permit with a time limit on more as a twelve months after the Residence Act, and there is no obligation to secure the subsisting status of the residence permit in accordance with Section 5 (1) (1) of the Residence Act (Aufenthaltsgesetz). Nationals of another Member State of the European Union, nationals of another Contracting State of the Agreement on the European Economic Area and nationals of Switzerland shall not be subject to the insurance obligation referred to in paragraph 1 (7). , if the condition for residence in Germany is the existence of a health insurance cover in accordance with § 4 of the freedom of movement law (EU). In the case of persons entitled to benefit under the Asylum Seekers Benefits Act, insurance in the event of illness is already present when entitlement to benefits in the event of illness, pregnancy and birth according to § 4 of the Asylum Seekers Benefits Act is the reason for the reason has been made. Unofficial table of contents

§ 3 Ratio of insurance obligation under this law to insurance obligation under other laws

(1) According to this law, it is not insured who

1.

is subject to insurance obligations under other statutory provisions,

2.

In accordance with § 192 of the Fifth Book of the Social Code, a member of another health insurance company is, or

3. (2) The priority of the insurance obligation under this Act shall be:

1.

the employees referred to in Article 5 (1) (1) of the Fifth Book of the Social Code, if they receive this employment for a period of not more than 26 weeks and are insured as undertakings subject to insurance;

1a.

the employees referred to in Article 5 (1) (1) of the Fifth Book of the Social Code, if they are subject to insurance in accordance with Article 2 (1) (3) of the Social Code,

2.

§ 5 (1) (11) and (12) and § 189 of the Fifth Book of the Social Code and Article 2 (1) of the Health Insurance Cost Control Act of 27 June 1977 (BGBl. 1069), pensioners and pension claimants, if they are subject to insurance pursuant to § 2 (1) (1), (2) or (3) or if they are subject to insurance in accordance with § 2 (1) (4) and have been subject to the application for the last five years before the application has been submitted. In the case of the pensions referred to in § 2 para. 1 no. 4, nine tenths of that period were insured in the agricultural sickness insurance scheme; in that period, there was also an insurance policy with another health insurance company, the the Agricultural Health Insurance Fund only if it has been received in the last 10 years before the application has been submitted Grant of the pensions referred to in § 2 para. 1 no. 4 at least half of the time the membership or the insurance pursuant to § 7 has been carried out,

3.

the persons referred to in Article 5 (1) (6) of the Fifth Book of the Social Code, who are not entitled to a transitional allowance calculated in accordance with the Federal Pensions Act on account of benefits for participation in the working life, if they are referred to in Article 2 (1) (1), (2) or (3) of the Book shall be subject to insurance;

4.

the disabled persons referred to in Article 5 (1) (7) and (8) of the Fifth Book of the Social Code, if they are subject to insurance in accordance with Article 2 (1) (1), (2) or (3);

5.

the students, trainees and the persons employed for their vocational training without remuneration in accordance with § 5 (1) (9) and (10) of the Fifth Book of the Social Code, if they are subject to insurance in accordance with Article 2 (1) of the Social Code,

6.

the persons referred to in Article 5 (1) (2) or (2a) of the Fifth Book of the Social Code, if they belong to or belong to the Agricultural Health Insurance Fund at the time of the declaration of employment or before the beginning of the reference to maintenance allowance;

7.

the persons referred to in Article 5 (1) (13) of the Fifth Book of the Social Code, if they were last insured with the Agricultural Health Insurance Fund.

(3) From the insurance obligation pursuant to § 2 para. 1 no. 4 and 5 is exempt who

1.

pursuant to Section 8 (1) (1) of the Fifth Book of the Social Code, on the basis of a change in the annual employment limit,

2.

in accordance with Section 8 (1) No. 4 of the Fifth Book of the Social Code as a pensioner or a pension claimant,

3.

in accordance with Article 3 (1) (4) of the Law amending the Maternity Protection Act and the Reich Insurance Order of 24 August 1965 (BGBl. 912) or

4.

in accordance with Article 3 (3) of the Finance Change Act 1967 of 21 December 1967 (BGBl. 1259)

is exempted from the insurance obligation. Unofficial table of contents

§ 3a Insurance

Who is free of insurance

1.

the requirements of § 6 (1) No. 1, 2 or 4 to 8 or § 6 (3a) of the Fifth Book of the Social Code are fulfilled; § 6 (4) of the Fifth Book of the Social Code applies, or

2.

Member of the German Bundestag or a Landtag or a recipient of a pension under the laws of the Federal Republic of Germany or of the Länder.

Unofficial table of contents

§ 4 Liberation from the obligation to insurance

(1) On request, the insurance obligation pursuant to § 2 shall be exempt from the insurance obligation

1.

by his activity as an agricultural contractor, if the economic value (§ 40 (1) and (3)) of his agricultural undertaking exceeds 60 000 Deutsche Mark, or

2.

the application for one of the pensions referred to in Article 2 (1) (4) or the reference to one of the pensions referred to in Article 2 (1) (4).

(2) The application shall be submitted to the Agricultural Health Insurance Fund within three months of the date on which the insurance obligation is to be made. The exemption shall be effective from the start of the insurance obligation; it cannot be revoked. It shall be excluded if benefits have already been claimed under this Act. The exemption shall only be effective if the existence of any other entitlement to protection in the case of illness is demonstrated. (3) The persons exempted from the obligation under paragraph 1 (1) shall receive at their request the exemption from the insurance obligation. The Agricultural Health Insurance Fund shall grant a grant to their health insurance contribution as soon as they fulfil the conditions laid down in Article 2 (1) (4) or (5) and if they demonstrate that they are insured with a private health insurance undertaking and for themselves and their dependants, who would be insured under the insurance obligation pursuant to § 7, They may claim benefits equivalent to those of the Fifth Book of the Social Code. An amount equivalent to a twenty-second of the monthly reference quantity in accordance with § 18 of the Fourth Book of Social Code shall be paid as a grant; the amount shall be rounded up to full euro. Section 257 (2a) and section 314 of the Fifth Book of the Social Code shall apply accordingly. The right to the grant pursuant to § 257 of the Fifth Book of the Social Code is not required. Unofficial table of contents

§ 5 Temporary exemption from insurance obligation

Operators of inland fishing, beekeeping and migrant workers who are subject to insurance only on the basis of section 2 (2) are exempted from the insurance obligation pursuant to § 2 para. 1 no. 1 as long as they are insured with another health insurance company are voluntarily insured with entitlement to sickness benefit. The exemption shall be effective from the beginning of the insurance obligation if the application is filed within one month. If the application is later submitted, the exemption shall take effect on the first of the calendar month following the application. Unofficial table of contents

§ 6 Volunteer Insurance

(1) The insurance may accede

1.

Persons who are excreted in the insurance obligation under this Act and who have been insured for at least 24 months or immediately before leaving the insurance for at least 12 months before leaving the insurance. ; periods of membership pursuant to § 23 and periods in which insurance has passed on its own because unemployment benefit II was unjustly referred to will not be taken into account;

2.

Persons whose insurance is held in accordance with § 7 or does not exist only because the requirements of § 10 (1) (4) or (3) of the Fifth Book of the Social Code are fulfilled if they or the parent, from whose insurance the Family insurance, the pre-insurance period referred to in point 1.

For the calculation of the pre-insurance periods according to the first sentence of 1 (1), 360 days of a reference to benefits calculated in accordance with § 339 of the Third Book of Social Code shall be valid for a period of 12 months. (2) The accession shall be the sickness fund within three months,

1.

in the case of paragraph 1, point 1 after termination of membership,

2.

in the case referred to in paragraph 1 (2), after the end of the insurance or after the start of the maintenance authorisation with respect to the Member.

Unofficial table of contents

§ 7 Family insurance

(1) For family insurance, § 10 of the Fifth Book of the Social Code applies accordingly. Family insurance also exists for the spouse or life partner of the agricultural enterprise or of a co-working family member who is active in the agricultural enterprise, provided that he is only responsible for the provisions of Section 2 (2) (b) 3 or 4 shall not be subject to insurance. In determining the total income of the spouse or partner, the income of the spouses or life partners from the agricultural undertaking which they are currently or formerly jointly operating shall not be taken into consideration. from the joint employment as co-working family members. The income of a child from the agricultural undertaking in which it is a carrier, without being regarded as an agricultural employer, shall be disregarded. (2) The articles of association may include family insurance on other members of the family. , who live with the insured person in the domestic community, who are wholly or predominantly entertained by him, who habitually reside in the home country and do not have a total income, which regularly per month is a seventh of the monthly reference quantity in accordance with § 18 of the Fourth Book of the Social Code; in the case of pensions, the payment amount shall be without the part to be paid for child-raising periods; for marginally employees according to § 8 (1) No. 1, § 8a of the Fourth Book of the Social Code, the total allowable income is 450 euros. § 309 (6) of the Fifth Book of the Social Code applies.

Second section
Benefits

Unofficial table of contents

§ 8 Principle

(1) The third chapter of the Fifth Book of the Social Code shall apply to the benefits provided for in this Act, unless otherwise specified below. (2) sickness benefit shall only be granted to the extent that this is provided for in § § 12 and 13. (2a) The claim on benefits rests for members who are in arrears with an amount of contributions for two months and do not pay in spite of a reminder, with the exception of studies on the early detection of diseases in accordance with § § 25 and 26 of the Fifth Book Social Code and Services for the Treatment of Acute Diseases and Pain conditions as well as pregnancy and motherhood are required; the resting ends when all the backward and the contributions to the period of rest are paid or if insured persons in need of assistance in the sense of the second or Twelfth Book of Social Law. If an effective rate payment agreement has been reached, the member will be entitled to benefits again from that date, as long as the instalment is paid in accordance with the contract. (2b) For benefits in connection with a according to § § 8 and 8a of the Transplant law donation of organs or tissues for the purpose of transfer to others applies § 27 (1a) of the Fifth Book of the Social Code, with the proviso that, in the event of a donation, by an agricultural entrepellent of the sickness benefit according to § 44a of the Fifth Book of the Social Code Operating Aid is granted in accordance with § 9. These costs of the services for the operation aid shall be borne by the Agricultural Health Insurance Fund, the private health insurance undertaking, the amount of the rate of refund, the State aid carrier or the other Public service providers of costs in cases of illness at the federal level in accordance with the tax rate, the institution of health care in the federal government or the carrier of the troop medical care of the recipient of organs or tissues refunded. Several reimbursed persons have to bear the costs in accordance with the first sentence. (3) For election rates, § 53 of the Fifth Book of Social Code applies, with the proviso that paragraphs 6 and 8, sentences 2 and 3, are not applicable. (4) In the determination of the Stress limits apply to § 62 of the Fifth Book of the Social Code, with the proviso that insured persons according to § 7 as well as the co-working family members who are liable to insurance in accordance with § 2 (1) (3), who are not subject to pension insurance, are also subject to the obligation to pay the insurance. as members of the family. Unofficial table of contents

§ 9 Operating aid

(1) In lieu of sickness benefit or maternity allowance, agricultural undertakings subject to insurance pursuant to § 2 shall be provided in accordance with the following paragraphs. (2) Operational assistance shall be provided during the hospital treatment of the agricultural entrepre or during a medical treatment or rehabilitation benefit pursuant to § 23 (2) or (4), § 24, § 40 (1) or (2) or (41) of the Fifth Book of the Social Code, if no employees are employed in the enterprise and no insurance-related members of the family who are subject to insurance . Operational assistance shall be granted for a maximum period of three months in so far as the statutes do not provide for longer periods of time. (3) The statutes may stipulate that aid shall also be granted during a disease if the management of the undertaking is at risk. (3a) The statutes may stipulate that, in place of maternity benefit, aid during pregnancy and up to the end of eight weeks after chilling, in the case of multiple and early births until the end of twelve weeks after the end of the period of maternity leave, may be determined by the Disconnection shall be granted where the management of the undertaking is at risk. In the case of early births and other early deprivation, § 6 (1) sentence 2 of the Maternity Protection Act shall be applied accordingly. (4) The Articles of Association may extend the operating aid

1.

the spouse or the life partner of the insured agricultural entrepre

2.

the members of the family who are insured,

3.

Companies in which employees or family members who are subject to insurance are constantly employed.

Unofficial table of contents

Section 10 Budgetary assistance

(1) The statutes may stipulate that, where the insured person, the spouse or the life partner of the insured person or the insured person-working family member, the insured person, the insured person, the insured person or the insured person is granted budgetary assistance, the latter shall be granted budgetary assistance, provided that: he is constantly performing the duties of the insured agricultural entrepre, because of illness, a medical care or rehabilitation benefit in accordance with § 23 (2) or (4), § § 24, 40 (1) or (2) or § 41 of the Fifth Book Social code, pregnancy or chili-ation the continuation of the budget (2) For the other persons insured in the agricultural health insurance with their own household, the § § 24h and 38 of the Fifth Book of Social Code shall apply. Unofficial table of contents

Section 11 Replacement power in the case of operational and budgetary aid

A substitute force shall be set up as an operational or budgetary aid. If a replacement power cannot be provided or there is reason to refrain from the adjustment of a substitute force, the costs for a self-procured non-operating substitute force shall be reimbursed in an appropriate amount. The Articles of Association shall regulate the details. It has to take account of the specificities of agricultural holdings and households. For relatives and insured people up to the second degree, no costs will be reimbursed; however, the sickness insurance fund may reimburse the necessary driving costs and the loss of earnings if the refund is in an appropriate proportion to the otherwise available for a Replacement cost is incurred. Unofficial table of contents

§ 12 sickness benefit

Receive sickness benefit in accordance with the provisions of the Fifth Book of Social Code

1.

the members of the family of co-workers who are liable to insurance in accordance with Article 2 (1) (3), who are subject to pension insurance,

2.

which, according to Article 2 (1) (6), insured, in so far as they satisfy the conditions for an insurance obligation pursuant to Section 5 (1) (2) of the Fifth Book of the Social Code,

3.

the persons insured pursuant to Section 3 (2) (1), if the incapacity for work has occurred during the period of employment; and

4.

voluntarily insured employees who fulfil the conditions laid down in Section 6 (1) (1) of the Fifth Book of the Social Code.

In the cases referred to in points 3 and 4 of the first sentence, the assessment of the sickness allowance shall be based on the remuneration only; the granting of sickness benefit shall not exclude the provision of benefits under § 9. Unofficial table of contents

§ 13 sickness benefit for family members who are not subject to pension insurance

(1) The members of the family who are liable to insurance pursuant to § 2 (1) no. 3 and who are not subject to pension insurance shall receive sickness benefit in the amount of an eighth of the amount referred to in § 223 (3) of the Fifth Book of Social Code; the statutes can increase the sickness benefit up to one quarter of this amount. (2) The sickness benefit is granted for the same illness for a maximum of seventy-eight weeks, even if during the reference period of sickness benefit another illness (3) The entitlement to sickness benefit shall be paid if and to the extent that the insured person is entitled to the illness would receive a remuneration if, as an employee, he had a statutory right to payment of the pay in the case of sickness. This does not apply to one-time pay (§ 23a of the Fourth Book of the Social Code). (4) § 44 (1), § 44a sentence 1, § 46 sentence 1, § 47 (1) sentence 6 and 7, § 48 (3) and § § 49 to 51 of the Fifth Book of Social Code apply accordingly. Unofficial table of contents

§ 14 Maternity allowance

(1) maternity allowance according to § 24i of the Fifth Book of the Social Code

1.

family members who are subject to insurance and who are subject to pension insurance, and

2.

other members who fulfil the requirements of Section 24i (2) of the Fifth Book of the Social Code.

(2) Maternity allowance in the amount of the sickness allowance shall be granted under the conditions laid down in § 24i (3) and (4) of the Fifth Book of Social Code

1.

family members who are subject to insurance and who are subject to pension insurance, but do not fulfil the conditions for the receipt of the maternity leave pursuant to section 24i (2) of the Fifth Book of the Social Code,

2.

assisting family members who are not subject to pension insurance, and

3.

the persons referred to in Article 2 (1) (6) in conjunction with Article 5 (1) (2) of the Fifth Book of Social Law.

Third Section
Relationships of the health insurance company to the service providers

Unofficial table of contents

§ 15 Contract Law

The provisions of the fourth chapter of the Fifth Book of Social Code shall apply mutagens to the relationships of the Agricultural Health Insurance Fund to the service providers. Unofficial table of contents

§ 16 (omitted)

-

Fourth Section
Holders of health insurance of farmers and membership

Unofficial table of contents

§ 17 Health insurance institution

Farmers ' health insurance is the social security system for agriculture, forestry and horticulture. In matters concerning the health insurance of farmers and the carrying out of tasks under this Act, it is called the Agricultural Health Insurance Fund. The provisions of the Eighth Title of the First Section of the Sixth Chapter of the Fifth Book of the Social Code shall not apply to the Agricultural Health Insurance Fund. Unofficial table of contents

§ 18 (omitted)

- Unofficial table of contents

Section 18a Reduction of the costs of administration and procedures

(1) The Agricultural Health Insurance Fund shall take measures to ensure that the administrative and procedural costs for the agricultural health insurance scheme are not more than EUR 91 million at the latest in 2016. Until 31 December 2017, the Social Insurance for Agriculture, Forestry and Horticulture shall submit a report to the Federal Ministry of Food, Agriculture and Consumer Protection on the development of administrative and procedural costs in the Agricultural health insurance. The Federal Ministry of Food, Agriculture and Consumer Protection shall forward the report to the German Bundestag and the Bundesrat, and shall issue an opinion. (2) In determining the administrative and procedural costs referred to in paragraph 1 Sentence 1 shall not take into account supply expenses and age-repatriation assets. Unofficial table of contents

§ 19 (omitted)

- Unofficial table of contents

§ 20 Insurance of special categories of persons

The provisions of the Fifth Book of the Social Code of Insurance, Membership, Notifications and Contributions, with the exception of § 173, shall apply to insurance providers pursuant to § 2 (1) (6) and (7) for the purpose of carrying out this insurance. in accordance with the proviso that the general contribution rate of the contributions of the recipients of unemployment benefit liable to insurance in accordance with section 2 (1) (6) shall be the general contribution rate of the Statutory health insurance. Unofficial table of contents

Section 21 Electoral law of students and interns

(1) The membership of the Agricultural Health Insurance Fund may be selected

1.

Registered students of state and state-recognised universities,

2.

Persons who carry out a professional practice as prescribed in study or examination regulations and those who have no pay for their vocational training,

if she was last a member of the Agricultural Health Insurance Fund or was last insured under § 7 of the Agricultural Health Insurance Fund. (2) The provisions of the Fifth Book of the Social Code on insurance, which are § 254, second sentence, of the Fifth Book of the Social Code shall apply with the proviso that the Articles of Association shall apply to the persons referred to in Section 5 (1) (9) and (10) of the Fifth Book of Social Code. Sickness fund may provide for other payment methods. Unofficial table of contents

§ 22 Start of membership

(1) Membership begins

1.

for the insurers referred to in Article 2 (1) (1), with the date of commensuration of the activity as an agricultural employer,

2.

for the insurance obligations referred to in § 2 (1) (2) and (5) with the date of inclusion in the list of members,

3.

for the insurers referred to in Article 2 (1) (3), with the date on which the employment is received as a member of the family who is working;

4.

in respect of the persons responsible for the insurance referred to in Article 2 (1) (4), the date on which the application for a pension is to be lodged in accordance with the law on the provision of old-age pensions for farmers,

5.

for the insurance obligations referred to in § 2 (1), which are a member of another health insurance pursuant to § 3 para. 1, with the date on which their membership as an insurer ends with this health insurance fund,

6.

for the insurance obligations referred to in § 2 para. 1 no. 7 with the day resulting from the corresponding application of Section 186 (11) of the Fifth Book of Social Code.

(2) Membership of the insurance company begins with the day of its accession to the health insurance fund. The membership of the persons entitled to the insurance referred to in § 6 (1) no. 1 and 2 shall begin with the day after leaving the insurance obligation or with the day following the end of the insurance pursuant to § 7. (3) For persons whose Insurance obligation or family insurance ends and no other insurance obligation arises, the insurance is based on the day after leaving the insurance obligation or with the day after the end of the family insurance as a voluntary membership, unless the Member declares within two weeks after Notice from the health insurance company about the exit possibilities its exit. The withdrawal shall only be effective if the member proves the existence of a cross-country claim for protection in case of illness. Sentence 1 shall not apply to persons whose insurance obligation ends when the other conditions for family insurance are fulfilled. Unofficial table of contents

Section 23 Membership of applicants

(1) Members shall be deemed to be persons who have applied for one of the pensions referred to in § 2 (1) No 4 under the age-saving law of farmers, without fulfilling the conditions for the receipt of such pension. The membership begins with the day of applying for a pension under the age insurance scheme of farmers. It shall end with the death or with the day on which the application is withdrawn or the rejection of the application becomes unquestionable. Sentence 1 shall not apply if the person is subject to insurance in accordance with other provisions. (2) (omitted) (3) A membership in accordance with paragraph 1 shall not be established for persons who are insurance-free pursuant to § 2 para. 4a, § 3a or from the § § 3 (3) applies accordingly. (4) Membership in accordance with paragraph 1 shall take precedence over membership in accordance with § 189 of the Fifth Book of Social Code, if the person has the right to The conditions laid down in § 3 (2) (2) for a primary insurance obligation under this Act are fulfilled. Unofficial table of contents

Section 24 End of membership

(1) The membership is subject to insurance obligations

1.

with the death of the Member,

2.

with the date of the task of activity as an agricultural employer,

3.

at the end of the calendar year in which the agricultural contractor, whose undertaking does not meet the minimum size within the meaning of Article 2 (1) (1), falls below the minimum size referred to in Article 2 (1) (2) (a) by more than half the size of the or pay and work income which exceeds the amount referred to in Article 2 (1) (2) (b),

4.

with the date of the job of the main professional employment as a member of the family,

5.

at the end of the month in which the decision on the omission of entitlement to a pension under the old-age pension scheme has become unquestionable, at the earliest, at the end of the month, for the last time one of those benefits is to be is paying,

6.

at the end of the month in which the decision on the granting of a pension under the old-age pension law of the farmers shall become undisputed for the periods to be completed,

7.

with the date on which the Member becomes a member of another sickness insurance fund as a person liable to insurance,

8.

with the expiry of the previous day on which another claim for protection in case of illness is established or the domiciliate or habitual residence is transferred to another state, in the case of insurers subject to § 2 (1) (7); this applies not for members who are recipients of benefits after the third, fourth, sixth and seventh chapters of the Twelfth Book of Social Code.

(2) For the end of the membership of voluntary members, § 191 of the Fifth Book of the Social Code applies. Unofficial table of contents

Section 25 Continuing membership

(1) The membership of the insurers referred to in § 2 (1) No. 1 to 3 shall be maintained as long as

1.

entitlement to sickness benefit or maternity benefit, or one of these benefits, or according to statutory provisions, parental allowance or parental allowance, or parental leave, or care support allowance is obtained, or

2.

is paid by a rehabilitation carrier during medical rehabilitation benefits, health care allowance or transitional allowance.

(2) During pregnancy, the membership shall also remain subject to insurance obligations if the employment relationship has been accepted by the employer or the member has been granted leave of absence from the employer, unless the employer has been granted a leave of absence of the employee. there is a membership according to other regulations. (3) In the case of military and civil service, § 193 of the Fifth Book of the Social Code applies accordingly. Unofficial table of contents

§ 26 Articles of Association and the discharge of duties

(1) The Articles of Association shall in particular contain provisions on:

1.

the nature and extent of the benefits, provided that they are not governed by law,

2.

Amount, maturity and payment of contributions,

3.

the annual audit of the operating and accounting management and the acceptance of the annual accounts, and

4.

the composition and location of the appeal body.

§ 194 (1a) and (2) and § 196 of the Fifth Book of the Social Code shall apply accordingly. § 197a of the Fifth Book of the Social Code applies with the proviso that the managing director of the agricultural sickness insurance fund reimburses the report to the representative assembly and in addition to the Federal Ministry of Food, § 197b of the Fifth Book of the Book of Social Code shall be applied mutas to the responsibility of third parties. Unofficial table of contents

Section 27 Reporting Obligations of Agricultural Entrepreneurs and former Insurers

(1) Agricultural operators subject to an insurance obligation shall be responsible for the inclusion and abandonning of the activity as an agricultural contractor, as well as any other person concerned with the obligation of insurance and the level of contributions and the membership of the (2) The agricultural entrepreneurs have the admission and the task of the employment of the members of the family who are subject to insurance contributions within the of two weeks of the Agricultural Health Insurance Fund. § § 28a to 28c of the Fourth Book of the Social Code apply accordingly. (3) Persons who fulfil the conditions pursuant to § 2 (1) no. 5 have to register with the Agricultural Health Insurance Fund. Unofficial table of contents

Section 28 Reporting requirements for military service and civil service

§ 204 of the Fifth Book of the Social Code applies accordingly to the obligation to register for conscription to military service or civil service. Unofficial table of contents

§ 29 Reporting obligations in respect of a pension under the old-age pension scheme of the farmers or a pension of the statutory pension insurance scheme

(1) Anyone applying for a pension referred to in § 2 (1) no. 4 has to submit a notification for the Agricultural Health Insurance Fund with the application. (2) For persons who have applied for a pension of the statutory pension insurance, § 201 (1) applies. Sentence 2 of the Fifth Book of the Social Code, with the proviso that the agricultural sickness insurance fund receives the notification if it has a primary insurance policy. (3) The pension insurance institution shall immediately have the agricultural sickness insurance fund to be notified

1.

the beginning and the amount of the pension of the statutory pension insurance as well as the month for which the pension is paid for the first time,

2.

the day of the withdrawal of the pension;

3.

in the event of a rejection of the application for a pension, the day on which the rejection has become indisputable,

4.

End, withdrawal, omission and other non-performance of the pension,

5.

Start and end of the contribution payment from the pension.

The pension of the statutory pension insurance is the benefits referred to in § 228 of the Fifth Book of Social Law. The Agricultural Health Insurance Fund shall immediately inform the pension insurance institution that the person concerned has been subject to a pension of the statutory pension insurance scheme in the case of the pension insurance institution; this shall apply accordingly if the pension insurance institution is responsible for the pension insurance scheme. The insurance obligation shall end under this law. For the procedure, § 201 (6) of the Fifth Book of the Social Code is to be applied accordingly. (4) The Agricultural Health Insurance Fund has to inform the other health insurance institution and the responsible pension insurance institution without delay that one of the provisions of § § § 201 (6) of the German Social Code (Social Code) 5 (1) (11) and (12) and § 189 of the Fifth Book of the Social Code (Social Code) have been subject to insurance in accordance with the provisions of this Law; this applies accordingly if the insurance obligation ends under this Act. (5) The sickness insurance fund has the the Agricultural Health Insurance Fund immediately to inform the Agricultural Health Insurance Fund that one of the The person referred to in paragraph 1 or section 23 (1) has been subject to insurance in accordance with other statutory provisions; this shall apply in accordance with the obligations of the insurance obligation in accordance with other statutory provisions. Unofficial table of contents

§ 30 Reporting obligations in respect of benefits for participation in the working life, reference to early retirement benefits, pensions and parental allowance

§ 200 (1) (2) and (3), § 202 and § 203 of the Fifth Book apply to the reporting requirements for participation in benefits for participation in working life and in relation to early retirement benefits, pensions and parenting fees or parental allowance. Social Code. Unofficial table of contents

Section 31 Reporting obligations of certain insurance providers

Persons liable to insurance who receive a pension under the pension scheme of the farmers, a pension of the statutory pension insurance or the pension comparable income (pensions) shall have their agricultural holdings Sickness fund to be reported immediately

1.

the beginning and the amount of the pension,

2.

the beginning, the amount, the changes and the paying agency of the pensions,

3.

Start, height and changes in labour income.

Unofficial table of contents

§ 32 The obligation to provide information

§ 206 of the Fifth Book of the Social Code applies accordingly to insured persons and agricultural entrepreneurs who are involved in the work of family members who are subject to insurance. Unofficial table of contents

Section 33 Examination

The Agricultural Health Insurance Fund shall examine at least every four years the facts which govern the insurance and the collection of contributions.

Fifth Section
Perception of association tasks

Unofficial table of contents

§ 34 Insurance tasks in the agricultural health insurance

(1) The agricultural sickness insurance fund shall carry out association tasks in the agricultural health insurance scheme. § 217f of the Fifth Book of the Social Code remains untouched. § § 171f and 172 of the Fifth Book of the Social Code are not applicable to the Agricultural Health Insurance Fund. (2) The association tasks of the Agricultural Health Insurance Fund include in particular:

1.

the assessment of the health insurance competence between general and agricultural health insurance in agreement with the top association of the health insurance companies,

2.

the assessment of the compulsory insurance of co-workers in agriculture in the pension and unemployment insurance sector; and

3.

the assessment of the main professional work of family members working in agriculture.

Unofficial table of contents

§ 35 (omitted)

- Unofficial table of contents

§ 36 Perception of tasks of the national associations of health insurance funds

In the case of agricultural health insurance, the Agricultural Health Insurance Fund is responsible for the tasks of the national associations of health insurance companies in accordance with the Fifth Book of Social Insurance.

Sixth Section
Financing

Unofficial table of contents

§ 37 Principle

(1) The funds for the agricultural health insurance are applied by contributions, by grants from the federal government, by the participation of the federal government in expenses and by other revenues. (2) The performance expenses for the provisions of § 2 para. 1 no. 4 and 5 shall be borne by the Federal Government, insofar as they are not covered by

1.

Contributions in accordance with § § 44 and 45,

2.

for the persons referred to in Article 2 (1) (4) and (5) pursuant to Section 249b of the Fifth Book of the Social Code, and

3.

The solidarity surcharge contained in the contributions pursuant to section 38 (4)

(3) The grants pursuant to § 4 (3) and § 59 (3) shall be provided by the Federal Government. (4) Section 221 of the Fifth Book of the Social Code shall be applied accordingly for the participation of the Federal Government in expenditure. Unofficial table of contents

Section 38 Setting of contributions

(1) The contributions to the insurers referred to in Article 2 (1) (1), (2) and (3) and the persons entitled to the insurance referred to in Article 6 shall be fixed in such a way that they and the other revenue for the period of the financial year shall be determined in accordance with the provisions of Article 2 (1), The budget shall cover expenditure intended for these persons and for their members of the family insured in accordance with Article 7, the solidarity surcharge referred to in paragraph 4 and the prescribed repleniation of the reserve. For the purpose of fixing, the amount of the revenue provided shall be increased by a surplus of the operating resources available at the beginning of the financial year and by the amount of expenditure incurred to ensure the necessary repleniation of the operating resources. (2) If, during the financial year, the resources of the sickness insurance fund, including the supply from the reserve, are not sufficient to cover expenditure, the contributions shall be increased. If the health insurance fund has to increase revenues in order to maintain or produce its performance, the Executive Board must decide that the contributions will be increased until the new regulation has been adopted in accordance with the statutory provisions; the decision shall require the approval of the Supervisory authority. In the absence of a decision, the supervisory authority shall assign the necessary increase in the contributions. (3) The income of the health insurance fund shall increase the expenditure and the statutory operating medium and return duty shall be reached, the contributions shall be made by: (4) The insured persons and the persons entitled to insurance referred to in the first sentence of paragraph 1 shall participate in the performance of the persons referred to in Article 2 (1) (4) and (5) (solidarity surcharge). The solidarity surcharge in 2013 amounts to 79 million euros. The amount referred to in the second sentence shall be changed from the year 2008 in the ratio in which the contribution income without the solidarity surcharge in accordance with the first sentence of the preceding calendar year has changed in relation to the calendar year preceding it. The Federal Ministry of Food, Agriculture and Consumer Protection makes known the rate of change and the resulting amount of the solidarity surcharge until 31 August of each year for the following year. Unofficial table of contents

Section 39 Contribution calculation for agricultural entrepreneurs subject to insurance

(1) In the case of agricultural entrepreneurs subject to insurance obligations, unless otherwise specified below, the assessment of contributions shall be based on the following:

1.

Income from agriculture and forestry,

2.

the payment amount of the pensions in accordance with Section 228 of the Fifth Book of Social Code,

3.

the payment amount of the pensions in accordance with § 229 of the Fifth Book of Social Code,

4.

Labour income from non-agricultural and non-forestry activities in so far as it is achieved in addition to a pension of the statutory pension insurance or pension benefits.

(2) Contributions from the types of revenue referred to in the first sentence of paragraph 1 (1) and (4) shall be paid only if the total amount of that revenue exceeds a total of one-twentieth of the monthly reference amount in accordance with § 18 of the Fourth Book of Social Code. For the assessment of these contributions, the general contribution rate of the statutory health insurance, which is increased by the average additional contribution rate, applies. By way of derogation from the second sentence, half of the general rate of contribution increased by the average additional contribution rate shall apply to the calculation of contributions from pensions in accordance with § 229 (1) sentence 1 (4) of the Fifth Book of Social Code. (3) For the assessment of the contributions from the pensions referred to in paragraph 1 (2), the general contribution rate of statutory health insurance, which is increased by the average additional contribution rate, shall apply. By way of derogation from the first sentence, for the assessment of contributions from foreign pensions under the second sentence of Article 228 (1) of the Fifth Book of the Social Code, half of the general contribution rate of the general contribution increased by the average additional contribution rate shall apply. (4) From the employment relationship of the agricultural worker referred to in § 3 (2) (1), the Agricultural Health Insurance Fund shall collect the contribution of the employer at a Insurance obligation according to the Fifth Book of the Social Code in accordance with § 249 (1) or 2 of the Fifth Book of Social Code. Unofficial table of contents

§ 40 Contribution calculation in the case of income from agriculture and forestry

(1) The contributions in accordance with § 39 (1) sentence 1 no. 1 shall be determined by contribution class. The Articles of Association shall determine the categories of contribution for agricultural entrepreneurs subject to insurance under the economic value, the need for work or any other appropriate scale. Where areas are decommissioned in accordance with the provisions of the European Community or in accordance with statutory provisions by means of Brachlaying with or without a change-over economy, the relevant value of the respective land shall be valid on the day before the date of closure. Scale. The statutes must provide for 20 classes of contributions. The contribution of a higher contribution class shall exceed the contribution of a contribution class below; a single basic contribution or a contribution class of one or more categories of contributions shall not be allowed. The contribution of the highest contribution class shall be at least six times the lowest contribution for an insured person in accordance with Article 2 (1) (1) and must not exceed 10% of the comparative contribution resulting from paragraph 2 of this Article below. An adjustment of the contribution of the highest contribution class is not possible as long as the application of a new settlement contribution would result in a change of less than 10 euro per month. Insured persons in accordance with § 2 para. 1 no. 1 may not be classified in the lowest contribution class. (2) The settlement contribution shall be equal to thirty times the amount referred to in § 223 (3) of the Fifth Book of the Social Code and to the amount of the amount referred to in Article 223 (3) of the Fifth Book of Social Code. The average additional contribution rate of the statutory health insurance should be determined. The relevant values shall be 1 July of each year, and the comparative contribution shall be valid for the following calendar year. The Federal Ministry of Food, Agriculture and Consumer Protection makes the comparative contribution known for the following year up to 31 August of each year. (3) For the determination of the economic value § 1 para. 6 sentence 1 to 4 of the law applies. on the age-saving of farmers. If the economic value of the undertaking as a whole or parts of the undertaking is not to be determined, the area used and the average per hectare value corresponding to the type of use shall be considered in the municipality. (4) The labour demand shall be according to the average size of the human work required for the enterprise, taking into account the types of culture, and determined by the number of working days or by the size of the area. (5) In the event of another appropriate scale, the statutes determine the procedure. (6) Power of the contributors in spite of the request of the agri-health insurance fund to determine the information required for the determination of the economic value or the work requirement is not, not complete or not in good time, the contribution to the correct reporting may be based on the basis of the information provided by the sickness insurance fund for the assessment of the contribution (7) The contributions from the articles in § 39 In conjunction with the contributions to be paid in accordance with paragraph 1, the categories of revenue referred to in the first sentence of paragraph 1 (3) and (4) shall not exceed the contribution of the highest contribution class. In the calculation of contributions, the types of revenue referred to in Article 39 (1), first sentence, are used in the order of income from agriculture, forestry, pensions and labour income from non-agricultural and non-forestry activities. The amount of the pension of the statutory pension insurance is taken into account separately from the other types of income up to the contribution rate limit set out in § 223 (3) of the Fifth Book of Social Code. § 231 of the Fifth Book of the Social Code applies accordingly. (8) The Agricultural Health Insurance Fund shall inform the entrepreneurs in writing of the contribution they have to pay. The notification of contributions shall be waived, with effect for the past, for the benefit of the entrepreneurs only if:

1.

the assessment of the company is subsequently amended,

2.

a change in the undertaking which has been made during the calendar year is subsequently known;

3.

the determination of the contributions to incorrect information provided by the trader or the omission of the trader's omission is based on an estimate.

Unofficial table of contents

Section 41 obligation to provide information for the person responsible for the contribution

If, despite the request of the sickness fund, the contributor does not make the necessary information necessary for the setting of the extra-agricultural and extra-forestry labour income, not in full or in time, the contribution may be made up to the proper reporting according to the non-agricultural and non-forestry labour income estimated by the sickness insurance fund. Unofficial table of contents

Section 42 Contribution calculation for members of the family who are subject to insurance

(1) The Articles of Association shall determine the contribution of family members who are liable to insurance from their employment in the agricultural undertaking. It shall be at least 50 per cent and not more than 75 per cent of the contribution of the agricultural entrepreer in whose undertaking the family member is employed from his income from agriculture and forestry himself. or would have to pay if he was insured under this law. For members of the family who are subject to insurance and who have not yet completed the eighteenth year of their life or who are employed as apprentices, the contribution shall be half the percentage of the percentage referred to in the first sentence. (2) co-working family members at the same time in another employment relationship, the Agricultural Health Insurance Fund levies the contributions to the employment relationship in accordance with the general rate of contribution of the statutory Health insurance. (3) For pregnant women, their membership pursuant to § 25 (2) (4) § § 39 and 41 shall apply accordingly. The contributions from the types of revenue referred to in Article 39 (1), first sentence, no. 3 and 4, together with the amount of the business contribution, shall not exceed the contribution of the highest contribution class. § 40 (7) sentence 2 to 4 applies. (5) Contributions under paragraph 1 shall not be paid to members of the family who are subject to insurance obligations, as long as they receive sickness benefit or maternity benefit, or receive parental allowance or parental allowance. The freedom of contributions does not exclude or reduce the right to compensation for damages. Unofficial table of contents

§ 43 Contribution calculation for special groups of persons

(1) The calculation of contributions in the case of military and civil service is determined in accordance with § 244 of the Fifth Book of Social Code. (2) For the calculation of contributions in respect of early retirement benefit, § 42 (1) sentence 2 shall apply. (3) For the calculation of contributions Insured returnees to the statutory health insurance or previously not insured shall apply in accordance with § 46 accordingly. Unofficial table of contents

Section 44 Contribution calculation for applicants

(1) The contribution for persons insured pursuant to section 23 shall be determined by the statutes. This shall also apply to persons in whom the payment of pensions is suspended until the end of the month in which the decision on the removal or withdrawal of the pension has become indisputable. § 46 applies accordingly. (2) Contribution-free during the period of membership pursuant to section 23 (1)

1.

the surviving spouse or life partner of a pensioner of a pension under the old-age pension law of the farmer if the marriage was concluded before the completion of the sixty-fifth year of the deceased,

2.

the surviving spouse or life partner of a beneficiary of the land-based pension,

3.

the orphan, whose deceased parent, until his death, received a pension under the age-saving law of the farmer, before the age of eighteen,

4.

Persons for which an insurance pursuant to § 7 of this Act or § 10 of the Fifth Book of the Social Code would be insured without the obligation to insure insurance pursuant to § 2 (1) No. 4. The first sentence shall not apply where the applicant receives an income or a pension. Section 39 (2) applies.

Unofficial table of contents

§ 45 Contribution calculation for Altenteiler

(1) In the case of the persons liable to insurance pursuant to § 2 (1) (4) or (5), the contribution measurement shall be based on the following order:

1.

the payment amount of the pensions in accordance with Section 228 of the Fifth Book of Social Code,

2.

the payment amount of the pensions in accordance with § 229 of the Fifth Book of Social Code,

3.

the labour income, with the exception of income from agriculture and forestry.

(2) Contributions from pensions and earnings are to be paid only if the amount of these types of revenue exceeds a total of one-twentieth of the monthly reference quantity in accordance with § 18 of the Fourth Book of Social Code, and insofar as these are Types of acceptance, together with the pension of the statutory pension insurance, do not exceed the contribution rate limit referred to in § 223 (3) of the Fifth Book of Social Code. The contribution rate for these types of revenue is determined in accordance with § 39 para. 2 sentence 2 and 3; for the pension, § 39 para. 3 applies. For non-agricultural and non-forestry labour income, § 41 applies. Unofficial table of contents

Section 46 Contribution calculation for voluntary members

(1) For voluntary members, the measurement of contributions shall be governed by the statutes; § 240 of the Fifth Book of the Social Code shall be applied with the proviso that the regulations of the top association of the health insurance companies shall be replaced by the regulations of the statutes. For non-agricultural and non-forestry labour income, § 41 applies. § 224 of the Fifth Book of the Social Code applies to the freedom of contribution in respect of sickness benefit, maternity benefit, parental allowance or care allowance. (2) The Articles of Association may also provide for classes of contributions. Unofficial table of contents

Section 47 Traction of contributions

(1) Subject to § 48, insurance and voluntary members as well as the applicants referred to in § 23 (1) shall bear the contributions alone. (2) Insurers pursuant to § 2 (1) No. 7 shall bear their contributions, with the exception of those from Pay and contributions paid from pensions of statutory pension insurance alone. Unofficial table of contents

§ 48 Traation of contributions by third parties

(1) Agricultural entrepreneurs shall pay the contributions in accordance with Section 42 (1) for the members of the family who are subject to insurance obligations. Where a number of farmers have to contribute simultaneously to the same co-working members of the family, the contribution shall not exceed the maximum amount to be paid by one of the entrepreneurs pursuant to Section 42 (1). The Agricultural Health Insurance Fund distributes the contributions. (2) The competent service provider shall pay the amount payable pursuant to § 40 (1), § 42 (1) or § 46 during the course of the payment of transitional allowance, injury-related benefit or pension sickness benefit. Contributions. (3) In the case of insurers who receive a pension from the statutory pension insurance scheme, the institution of the pension insurance institution shall bear half of the contributions to be paid after the pension in accordance with the general contribution rate of the statutory pension insurance scheme. Health insurance. The contributions from foreign pensions pursuant to Section 228 (1) sentence 2 of the Fifth Book of Social Code bear the pensioners alone. (4) The Federal Government bears the contributions for military service and civil service providers in the case of § 43 (1). (5) The employer bears the Contribution according to § 39 para. 4. (6) For contributions of the employer in the case of minor employment § 249b Fifth Book of Social Code accordingly. (7) The sickness insurance fund is entitled to check the contribution payment. In the cases referred to in paragraph 4, the Federal Insurance Office shall be entitled to verify the payment of contributions. Unofficial table of contents

§ 48a Tragung of contributions in relation to care support allowance

(1) For members of the family who are subject to insurance and who receive care support benefits in accordance with Section 44a (3) of the Eleventh Book of the Social Code, the care fund, the private insurance undertaking or the detention centre shall apply to: (2) In the case of voluntary members who receive care support money in accordance with § 44a (3) of the Eleventh Book of the Social Code, contributions shall be made to the extent to which they are responsible for the care support allowance. Half of the insured person. The other half of these contributions shall be paid by the caretaker fund, the private insurance undertaking or the detention centre for the benefit of the person in need of care. Unofficial table of contents

Section 49 Payment of contributions

(1) Unless otherwise provided by law, the contributions shall be paid by the person who has to bear them. (2) The contributions shall be made in the cases of section 48a (2) by the care insurance fund, the private insurance undertaking or the The aid shall be paid for the aid. Unofficial table of contents

§ 50 Payment of contributions from the pension and pensions

(1) Contributions which have to be borne by insurers from their pension under the first sentence of Article 228 (1) of the Fifth Book of the Social Code shall be withheld from the institutions of the pension insurance scheme in respect of the payment of the pension and shall be paid to the agricultural sector. Sickness fund to pay. Section 255 (1), second sentence, (2) and (3) sentence 1 and 2 of the Fifth Book of the Social Code applies. (2) Contributions to be paid by insurance providers from pensions shall be withheld from the paying agencies of the pensions and shall be subject to the agricultural health insurance fund. § 256 (1) sentence 2 to 5 and (2) to (4) of the Fifth Book of Social Code applies. Unofficial table of contents

§ 50a Reduction and cancellation of contribution debt and sowing surcharges

§ 256a of the Fifth Book of the Book of Social Code applies accordingly to the persons liable to the insurance pursuant to § 2 (1) (7) of the German Social Code. Unofficial table of contents

Section 51 Use and management of funds

(1) § § § 259 to 263 of the Fifth Book of Social Code shall apply mutatily to the use and administration of the funds, unless otherwise specified below. The articles of association may increase the average amount of the operating appropriations to twice the monthly amount of the expenditure. (1a) The sickness fund shall supply the resources from the reserve to the operating resources if this increases the contribution of the contribution during the financial year. (2) In determining the amount of the reserve, a percentage of at least one half and a maximum of twice the average amount of expenditure incurred during the month may be laid down in the statutes. (return duty). In the calculation of the reserve duty, the performance expenses for the persons referred to in § 2 (1) (4) and (5) remain out of approach. (3) (omitted) Unofficial table of contents

Section 51a Adoption of the medical treatment for reimbursement of expenses

§ 264 (2) to (7) of the Fifth Book of Social Code (Social Code) must be applied accordingly for the taking over of the medical treatment for non-insurers against reimbursement of expenses. Unofficial table of contents

§ 52 (omitted)

- Unofficial table of contents

Section 53 Regulation empowerment

The Federal Ministry of Food, Agriculture and Consumer Protection, in agreement with the Federal Ministry of Health and the Federal Ministry of Finance, may, with the consent of the Federal Council, determine more than

1.

the proof of performance expenses for the insured persons referred to in § 2 (1) (4) and (5) and the grants pursuant to § 4 (3) and § 59 (3) as well as the payment of federal subsidies,

2.

the payment of the contributions in accordance with § § 44 and 45.

Unofficial table of contents

§ 54 (omitted)

- Unofficial table of contents

Section 55 Examination of business, accounting and operations management

§ 274 of the Fifth Book of the Social Code applies accordingly for the examination of the business, invoicing and management of the agricultural insurance company.

Seventh Section
Medical service, insurance and performance data, data protection, data transparency

Unofficial table of contents

§ 56 Medical service, insurance and performance data, data protection, data transparency

For the Medical Service, the insurance and performance data as well as the data protection and the data transparency, the § § 275 to 305a of the Fifth Book of Social Code shall be applied accordingly. In its member journal, the Agricultural Health Insurance Fund shall, in a highlighted manner and in accordance with the provisions of its implementation, be held annually to account for the use of its funds and, at the same time, to separate its administrative expenditure there separately. .

Eighth section
Criminal and penal rules, application of other provisions

Unofficial table of contents

Section 57 Criminal and fines rules, cooperation

(1) Imprisonment of up to one year or a fine shall be punished for who, contrary to § 291a (4) sentence 1 of the Fifth Book of the Social Code, accesses the data referred to therein. (2) If the offender is against payment or in the intention of himself or a other than to enrich or harm another person, the penalty is imprisonment of up to three years or a fine. (3) The act is only prosecuted upon request. The person concerned, the Federal Commissioner for Data Protection or the responsible supervisory authority. (4) is entitled to act in an order that is in breach of § 291a (8) sentence 1 of the Fifth Book of Social Code (Social Code). or with the holder of the card. (5) Contrary to the law, who is intentional or reckless

1.

a)

contrary to § 27 (1) or (2) sentence 1 or 2 in conjunction with Section 28a (1) to (3) of the Fourth Book of the Book of Social Code or contrary to Section 31 (3) or

b)

as the person responsible for the paying agent of pensions in accordance with § 30 in conjunction with § 202 sentence 1 of the Fifth Book of the Social Code

no notification, not correct, not fully or not reimbursed in good time,

2.

in accordance with Section 27 (2) sentence 2 in conjunction with Section 28c (1), (3) to (5), (7) or (8) of the Fourth Book of Social Code, to the extent that it refers to this fine for a specific case; or

3.

Contrary to § 32 of the Fifth Book of the Social Code in conjunction with Section 206 (1) of the Fifth Book

a)

no information or modification, not correct, not complete or not given in time, or not communicated or communicated in good time, or

b)

the required documents are not submitted in full or in a timely manner.

(6) In the cases referred to in paragraph 4, the administrative offence may be punishable by a fine of up to fifty thousand euro, in other cases with a fine of up to EUR 2 500. (7) For cooperation in the pursuit and prosecution of Regulations are subject to § 306 of the Fifth Book of the Social Code. Unofficial table of contents

§ 58 (omitted)

-

Ninth Section
Transitional and final provisions

Unofficial table of contents

§ 59

(1) An exemption in accordance with § § 4 and 94 (1) of the Law on the Health Insurance of Farmers in the version in force until 31 December 1988 cannot be revoked. The Agricultural Health Insurance Fund has an exemption from the obligation to withdraw from the exemption pursuant to section 2 (1) (3) (3) if it would be subject to insurance without the exemption pursuant to § 2 (1) (1) or (2) (2) (1) (2). The application must be filed within three months of the fulfilment of the requirements for this obligation to make insurance. (2) (omitted) (3) The persons exempted from the insurance obligation pursuant to § 2 (1) no. 4 or 5 shall receive at their request from the Agricultural sickness insurance fund, a grant to their health insurance contribution if they demonstrate that they are insured with a private health insurance undertaking with benefits equivalent to those of the fifth book of the Social Code. An amount equivalent to a twenty-second of the monthly reference quantity in accordance with § 18 of the Fourth Book of Social Code shall be paid as a grant; the amount shall be rounded up to full euro. The right to the grant pursuant to § 257 of the Fifth Book of the Social Code is not required. Unofficial table of contents

§ 60

(1) The insured persons referred to in Article 2 (1) (1) (1) to (3) who, in the month of December 1982, are entitled to a pension under the statutory pension insurance scheme in accordance with Article 95 of the Law on the sickness insurance of farmers in the period of 31 December 1982. In the case of a grant from the institution of the pension insurance for their health insurance contributions, for the duration of the retirement pension, a supplementary contribution shall be paid in the amount of the subsidy paid for the month of December 1982. (2) The following (1) shall be offset by contributions made by contributions from: Insurers under § 2 (1) (4) or (5) are to be paid from the pension of the statutory pension insurance. (3) The priority of the insurance obligation under this Act shall also apply if the conditions set out in Section 3 (2) (6) or (7) of this Act are met. in relation to one of the agricultural health insurance funds existing on 31 December 2012. Unofficial table of contents

Section 61

(1) The obligation on the agricultural health insurance funds to supply the former employees of a land health insurance fund and their survivors is governed by the rules of supply law, which are: on 1. October 1972. Where the benefits are generally increased or reduced, the pensions of the persons referred to in the first sentence shall be increased or decreased from the same date to the pensions referred to in the first sentence. The same applies to changes in the supply structure for the benefit of the beneficiaries. (2) The Agricultural Health Insurance Fund compensates for the pension benefits which it provides pursuant to Article 106 (2) of the Law on the Health Insurance of the In accordance with the principles laid down by the local sickness funds, farmers in the version valid up to 31 December 1988 and referred to in paragraph 1 shall be subject, in accordance with the principles laid down by the local sickness funds, by 30 September 1972 to the was carried out by the Federal Association of Agricultural Sickness Funds. (3) Local sickness funds, which have been transferred to the members of the Agricultural Sickness Funds, have in their entirety the agri-health insurance fund the cost of supply services in accordance with § 106 (2) of the Law on the Health Insurance of Farmers in the version in force until 31 December 1988 and in accordance with paragraph 1, to the part corresponding to the ratio in which the members of the regional sickness funds have become members of the local sickness funds. The Bundesverband der Ortskrankenkassen (Federal Association of Local Sickness Funds) and the Agricultural Health Insurance Fund shall determine the percentage of the pension to which the pension benefits are to be reimbursed by written agreement. The Federal Association of Local Sickness Funds (Bundesverband der Ortskrankenkassen) collects the part of the pension benefits to be reimbured by a levy from the local sickness funds referred to in the first sentence and transfers it to the Agricultural Health Insurance Fund. (4) The obligations which are the Land Sickness Funds pursuant to the twenty-third Regulation implementing the law governing the legal situation of persons falling under Article 131 of the Basic Law of 15 August 1959 (BGBl. I p. 634), are on 1. In October 1972, the agricultural health insurance funds had been transferred to the agricultural health insurance companies. The funds to be provided pursuant to § 2 of the Regulation referred to in the first sentence shall be reimbursed to the part of the local sickness funds which corresponds to the ratio in which the members of the regional sickness funds have become members of the local sickness funds. (2) and (3), the second and third sentences of paragraph 3. Unofficial table of contents

Section 62

Legal regulations and general administrative provisions adopted on the basis of provisions referred to by this Act shall also apply to the health insurance of farmers. Unofficial table of contents

Section 63.

(1) Persons whose insurance obligation is not required under this Act of 1 January 1995 may accede to the insurance scheme. Accession shall be notified in writing to the health insurance fund by 31 March 1995 at the latest; the membership shall begin on 1 January 1995. Sentences 1 and 2 apply to persons who fulfil the requirements of § 6 (1) No. 1 of the Fifth Book of the Social Code, with the proviso that § 257 (1) of the Fifth Book of the Book of Social Code applies. (2) Who on 31 December 1994 according to § 2 (1) (4) is subject to insurance or is deemed to be a member pursuant to section 23 (1) and is free of insurance pursuant to § 2 (4a) or (3a) from 1 January 1995, remains for the duration of the payment of a pension under the old-age pension law of the farmers or up to the date on which the application is withdrawn or the rejection of the application becomes unchallenged, Subject to insurance. If you are subject to insurance under the first sentence, you can apply for exemption from the insurance obligation until 31 March 1995. The exemption shall be effective from 1 April 1995 and shall not be revoked. Unofficial table of contents

Section 64 Transitional period and contribution adjustment in the agricultural health insurance

(1) The agricultural sickness insurance fund shall have up to 31 years of age. In accordance with § § 40 and 46, the contribution classes in force from 1 January 2014 shall be established in October 2013. Until 31 December 2013, the contribution classes determined by the agricultural health insurance funds of 31 December 2012 shall continue to apply. (2) For the years 2014 to 2017 (transitional period), the contributions shall be calculated by means of the contribution classes according to § 40. calculated contribution is multiplied by the equalization rate. (3) The rate of approach shall be determined according to the following calculation variables:

1.

The initial contribution is the contribution to be paid in December 2013;

2.

The contribution shall be the contribution which would result from the application of the calculation bases referred to in the first sentence of paragraph 1 in the case of the same operating conditions;

3.

The starting rate is the percentage of the initial contribution in relation to the target contribution;

4.

the annual rate of change is one-fifth of the difference between the percentage of the target contribution and the initial rate.

The rate for the first year shall be calculated from the sum of the initial rate and the annual rate of change. The rates of equal treatment in the following years are the sum of the rate of equalisation of the previous year and the annual rate of change. § 187 (1) of the Seventh Book of the Social Code shall be applied in the calculation of the rates of equal treatment. The rates of equal treatment for the transitional period shall be communicated in a suitable manner to the insured person. (4) In the transitional period, the operating conditions shall be changed in relation to the prevailing conditions for the initial contribution, the (5) In order to avoid unreasonable increases in contributions during the transitional period, the statutes may provide for hardship schemes. (6) The special assets may be used to remove funds from the special assets during the transitional period. the approximation of the contributions referred to in paragraph 2. Unofficial table of contents

Section 65 Financing in the years 2014 and 2015

In addition to the Federal Government's participation in the expenses in accordance with Section 37 (4), the agricultural health insurance fund is receiving 37 million euros in 2014 and 25 million euros in 2015. The Agricultural Health Insurance Fund has to use these services of the Federal Government exclusively for stability of contributions.