Law on transitional arrangements for organisational reform in the statutory pension insurance scheme

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RVOrgRefÜG

Date of completion: 09.12.2004

Full quote:

" Law on transitional arrangements for organisational reform in the statutory pension insurance scheme of 9 December 2004 (BGBl. I p. 3242, 3292), which is based on Article 9b of the Law of 15 July 2009 (BGBl. I p. 1939) "

Status:

Amended by Art. 9b G v. 15.7.2009 I 1939

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2005 + + +) 

  

The G was decided as Article 83 of the G v. 9.12.2004 I 3242 (RVOrgG) by the Bundestag with the approval of the Bundesrat. It occurs gem. Art. 86 (1) of this G in force on 1 January 2005. § § 19 and 21 shall act in accordance with. Paragraph 3, in force on 15 December 2004.

Section 1
Transitional arrangements

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§ 1 German Pension Insurance Association

(1) The German Pension Insurance Association (Deutsche Rentenversicherung Bund) enters into service relations with the dissolution of the Association of German Pension Insurance Institutions, which at that time between the Association of German Pension Insurance Institutions and the employees of the Association of German Pension Insurance Institutions Service staff. § § 134, 135 and 136 (1) of the Federal Civil Service Act are to be applied in a reasonable way. (2) The recipients of care of the Association of German Pension Insurance Institutions are disbanded with the dissolution of the German Association of German Pension Insurance Institutions (Verband Deutscher Rentenversicherunggesetz). Pension insurance institutions in the corresponding application of § 137 (1) of the German Federal Civil Service Act (Bundesbeamtengesetz zur Deutschen Rentenversicherung Bund). (3) The German Pension Insurance Association (Deutsche Rentenversicherung Bund) enters into force with the dissolution of the Association of German Pension Insurance Institutions in Germany. the working and training conditions which are to be found between the The Association of German Pension Insurance Institutions and the employees and apprentices employed there exist. (4) The periods spent in an employment relationship with the Association of German Pension Insurance Institutions shall apply to: The application of civil servants ' legal provisions, including provisions on the law of enforcement and supply, personnel representation regulations and collective agreements with the German Pension Insurance Association (Deutsche Rentenversicherung Bund) as at times spent in the Federal Republic of Germany. The former employees of the Association of German Pension Insurance Institutions will continue to be paid for the association allowance. It is reduced by one third of the adjustment and increases in the case of remuneration adjustments and tariff increases. The German Pension Insurance Association (Deutsche Rentenversicherung Bund) enters into its duties with the dissolution of the Association of German Pension Insurance Institutions on the basis of the social plan drawn up on the occasion of its move to Berlin. (5) Die vom Verband Deutscher Pension insurance institutions are provided with a pension fund with the dissolution of the Federal Government's pension provision in favour of the German Pension Fund. Unofficial table of contents

§ 2 Deutsche Rentenversicherung Knappschaft-Bahn-See

(1) The civil servants, officers, care recipients of the railway insurance institution shall take effect on the expiry of the 30th September 2005 in accordance with § § 134 to 136 (1) of the Federal Civil Service Act (Bundesbeamtengesetz) on the German Pension Insurance Act (Bundesbeamtengesetz) The Deutsche Rentenversicherung Knappschaft-Bahn-See is entering into the service relationships with the expiry of the 31 December 2005, which is at that point in time between the Maritime Trade Association and the tasks of the Seekasse , and the Seemannskasse shall be in charge of the staff of the Staff Rules. § § 134 to 136 (1) of the Federal Civil Service Act are to be applied in a reasonable way. Sentence 1 shall not apply if the employees are in accordance with § 143 (9) of the Sixth Book of Social Code (Social Code) in the first subparagraph of 1. (3) The beneficiaries of the Maritime Trade Association, who were responsible for the tasks of the Seekasse and the Seemannskasse, enter into force at the end of the year. of 31 December 2005, pursuant to Section 137 (1) of the Federal Civil Service Act (Bundesbeamtengesetz) on the Deutsche Rentenversicherung Knappschaft-Bahn-See (German Pension Insurance). Further details are provided for an administrative agreement between the Deutsche Rentenversicherung Knappschaft-Bahn-See and the See-Berufsgenossenschaft. Sentence 1 shall not apply if the employees are in accordance with § 143 (9) of the Sixth Book of Social Code (Social Code) in the first subparagraph of 1. (4) The Deutsche Rentenversicherung Knappschaft-Bahn-See will enter into the working and training conditions of female employees by 30 September 2005. Employees and apprentices who are employed at the railway insurance institution at the same time. (5) The Deutsche Rentenversicherung Knappschaft-Bahn-See enters into the working and working conditions at the end of the 31 December 2005 Training relationships between the sea and the profession at that point in time and the workers, employees and trainees entrusted with the tasks of the Seekasse and the Seemannskasse. Sentence 1 shall not apply if the employees are in accordance with Section 143 (9) of the Sixth Book of Social Code (Social Code) in der 1. (6) The periods spent in an employment relationship with the railway insurance institution and the sea-professional cooperative shall apply to the application of civil servants ' rights. , including statutory and statutory provisions, personnel representation regulations and collective agreements with the Deutsche Rentenversicherung Knappschaft-Bahn-See as the time spent at the time. Unofficial table of contents

§ 3 Employees of the information and counselling centres

(1) Officials of the Federal Insurance Office for employees in the information and counselling centres, who have recently performed tasks in the information and advisory service and are determined in accordance with paragraph 4, shall enter into force in accordance with § § 134, 135 and 136 (1) of the Federal Civil Service Act (Bundesbeamtengesetz) in the service of the regional institution responsible for the relevant information and advice office of the statutory pension insurance. (2) The regional institution responsible for the information and advice centres in each case the statutory pension insurance scheme enters into employment relationships, the employees employed between the Deutsche Rentenversicherung Bund and within their area of responsibility at the information and counselling centres, who have recently performed tasks in the field of information and advisory services, and in accordance with paragraph 4. (3) The periods spent in an employment relationship with the Deutsche Rentenversicherung Bund shall apply to the application of civil servants ' legal provisions, including the provisions of the law governing the provision of pensions and pensions, and Collective agreements with the respective regional authorities (4) The German Pension Insurance Association (Deutsche Rentenversicherung Bund) adopts a binding framework for the implementation of the transfer of personnel and the further organisational issues which are necessary for the transition of the future. and advisory service, with the proviso that the transition to the end of the first parliamentary term of the self-government of the German Pension Insurance Association shall be concluded. Unofficial table of contents

§ 4 Other transitional arrangements

(1) The regulations of the previous service order shall continue to apply after the transfer in accordance with § 1 (1) (1) and § 2 (2) of the Staff Regulations of the Staff Regulations (s) of the Service Ordination. The members of the service staff who have been issued are to be appointed within one year after being transferred to the civil service relationship if they fulfil the necessary official legal requirements for the service. They shall be directly referred to the civil servant relationship at the time of their appointment, in accordance with their law of remuneration in accordance with the contract of employment on the day preceding the appointment to the civil service, provided that they do so in accordance with the provisions of the Staff Regulations. (2) Enter the German Pension Insurance Association, the Deutsche Rentenversicherung Knappschaft-Bahn-See or a regional institution of the statutory pension insurance pursuant to § 1 (3), § 2 (4) and 5 (5) and § 3 (2) in an existing employment or training relationship, shall be The date of transfer shall apply to the contractual arrangements applicable to the new employer. The rules on occupational retirement provision at the Bahnversicherungsanstalt and the Seekasse, as well as the provisions of the law on property law, which go beyond the rules applicable to the new employer, shall apply to the persons who have been transferred to the Employed persons. (3) Employees who cannot be used in a job to be assessed at least in the previous workplace on the basis of the organisational reform measures shall receive a Compensatory allowance equal to the difference between the remuneration or the remuneration Wages according to their previous remuneration or pay group and the remuneration or pay group, which is available to them on their new job. In the case of any increase in the rate, the compensatory allowance shall be reduced by one third of the amount of the increase, to the extent that it is paid in respect of job allowances. § 13 (1) (1) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), as amended by the German Federal Law Gazette of 6 August 2002 (BGBl), has been issued to officials, civil servants and officials. I p. 3020). The First Director, acting on 30 September 2005, or the First Director of the Bahnversicherungsanstalt, who is acting on 30 September 2005, will lead to the Deutsche Rentenversicherung Knappschaft-Bahn-See (German Pension Insurance) after the transfer to the German Pension Insurance Fund. (4) The advocacy groups at the Deutsche Rentenversicherung Knappschaft-Bahn-See (Deutsche Rentenversicherung Knappschaft-Bahn-See) or "Division Director at the Deutsche Rentenversicherung Knappschaft-Bahn-See". (4) The interests of the Deutsche Rentenversicherung Bund and the German Pension Insurance Knappschaft-Bahn-See as well as in the former companies of the Association of German Pension Insurance Institutions e. V. and in the former services of the Bahnversicherungsanstalt and the Seekasse, which are not incorporated into a service of the Deutsche Rentenversicherung Bund or the Deutsche Rentenversicherung Knappschaft-Bahn-See, remain up to the next Personnel Council elections in office; the previous works councils shall carry out the duties of a local staff council with its rights and obligations. The members of the operating and staff councils of the institutions affiliated to the Deutsche Rentenversicherung Bund and the Deutsche Rentenversicherung Knappschaft-Bahn-See are jointly and on an equal footing with the members of the Staff representation of the employees of the Deutsche Rentenversicherung Bund and of the Deutsche Rentenversicherung Knappschaft-Bahn-See, the employees of the Deutsche Rentenversicherung Bund and the Deutsche Rentenversicherung Knappschaft-Bahn-See are considered to be Provisions of the Federal Personalization Act. Section 21b of the Works Constitution Act is applicable to the former works councils of the Association of German Pension Insurance Institutions (Verband Deutscher Rentenversicherbearer e. V. Application. The staff representatives of the institutions incorporated in the Deutsche Rentenversicherung Knappschaft-Bahn-See also remain in office for as long as this is done in order to take account of the cooperation and integration related to the integration of the German Pension Fund (Deutsche Rentenversicherung Knappschaft-Bahn-See). Participation rights are required. The staff representative offices of the Federal Insurance Office for employees remain in office until the next election of the staff of the relevant regional institution. (5) Up to the integration of the association German pension insurance institution e. V. As of September 30, 2005, the German Pension Insurance Act (Deutsche Rentenversicherung Bund) formally initiated the participation procedures until the conclusion of which the provisions of the German Works Constitution Act shall apply mutationally, unless the subject matter of the German Pension Insurance Act is not covered by the The method is already regulated in the office receiving the operation. This also applies to procedures in front of the installation site and the labour courts. This is the case with the Association of German Pension Insurance Institutions. V. On 30 September 2005, the German Pension Insurance Association (Deutsche Rentenversicherung Bund) shall be deemed to be a service agreement with the German Pension Fund, unless an operation of the Association of German Pension Insurance Institutions (Verband Deutscher Rentenversicherbearer e. V. is incorporated into a service of the Deutsche Rentenversicherung Bund, in which there is a service agreement on the same subject matter. The same applies to the service agreements of the institutions which are incorporated into the Deutsche Rentenversicherung Knappschaft-Bahn-See. (6) The youth and trainee representative offices and the severely disabled representatives are in accordance with the first sentence of the first sentence of paragraph 4 and 2 shall apply accordingly. The approval of the representatives of the severely disabled persons to a measure requires a majority of the votes. (7) The Equal Opportunities Officer, their deputists, and the trust women of the former services of the railway insurance institution and the Seekasse, which is not incorporated into a service of the Deutsche Rentenversicherung Knappschaft-Bahn-See, shall remain in office until the end of the term of office for which they were appointed in the former office. (8) The Länder shall have those according to § 140 Paragraph 2, first sentence, No. 2 of the Sixth Book of the Social Code Regulations on the procedure for the posting of representatives to the Staff Committee of the German Pension Insurance Group within twelve months of the entry into force of this Act. Until the entry into force of national regulations, the provision of Section 140 (2), first sentence, No. 1 of the Sixth Book of the Social Code shall be applied accordingly for the countrydirect institutions.

Section 2
Transitional provisions on self-governing law

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§ 5 Transitional regulations on the self-governing bodies and the management of the Deutsche Rentenversicherung Knappschaft-Bahn-See

Up to the end of the 1. The formation of the self-governing bodies and the management as well as the decision-making in the self-governing bodies of the Deutsche Rentenversicherung Knappschaft-Bahn-See in derogation from the Regulations of the Fourth Section of the Fourth Book of the Social Code according to § § 6 to 10. Unofficial table of contents

§ 6 Composition of the representative assembly of the Deutsche Rentenversicherung Knappschaft-Bahn-See

(1) The representative assembly of the Deutsche Rentenversicherung Knappschaft-Bahn-See is made up of 69 members. (2) The members of the representative assembly shall be elected by the representative assemblies of the Federal Cnapphood, the Railway Insurance Office and the Sea mass determined from its centre, namely by the representative assembly

a)

32 representatives of the insured persons and 16 representatives of the employers,

b)

the railway insurance institution 12 representatives of the insured persons and a representative or a representative of the employers and

c)

the Seekasse four representatives of the insured persons and four representatives of the employers.

In the election of the representatives of the insured persons, § 46 (2) sentence 2 of the Fourth Book of Social Code does not apply. (3) The employer representative designated by the representative assembly of the railway insurance institution, or the employer representative of the The representative assembly of the railway insurance institution shall have the same number of votes as the insurance representatives elected by the representative assembly of the railway insurance institution, and shall have the same number of votes as the representative assembly of the railway insurance institution; However, he or she may not cast more votes than the person present (4) The election of the representative assembly of the Deutsche Rentenversicherung Knappschaft-Bahn-See pursuant to paragraph 2 shall be made no later than 30 September 2005. (5) The representative assembly of the German Pension Fund Deutsche Rentenversicherung Knappschaft-Bahn-See takes place at the latest on 31. October 2005 for the first time. For the first meeting of the representative assembly, the provisions of Sections 73 and 74 of the Electoral Regulations for Social Security shall apply accordingly, with the proviso that the Chairman of the Board of the Federal Cnapphood shall be responsible for the tasks of the Chairman of the electoral committee. Unofficial table of contents

§ 7 Composition of the Executive Board of the Deutsche Rentenversicherung Knappschaft-Bahn-See

(1) The Executive Board of the Deutsche Rentenversicherung Knappschaft-Bahn-See is composed according to the distribution of votes in the representative assembly according to § 6 para. 2 and 3. The number of members shall be determined by the representative assembly. § 77 of the Electoral Regulations for Social Security applies accordingly. (2) The Executive Board of the Bundesknappschaft, which is in office on 30 September 2005, is responsible for the tasks and powers of the Board of the Deutsche Rentenversicherung Knappschaft-Bahn-See, until to meet at its first meeting. Unofficial table of contents

§ 8 Self-governing bodies of the Deutsche Rentenversicherung Knappschaft-Bahn-See

(1) The self-governing bodies of the Deutsche Rentenversicherung Knappschaft-Bahn-See shall elect from among their members a chairperson or a chairman, as well as a first vice-chairperson or a first vice-chairperson and one Second Vice-Chairmen or a second Vice-Chairman. The chairperson or the chairman and the first vice-chairperson or the first vice-chairperson must belong to different groups. (2) In the self-governing bodies of the Deutsche Rentenversicherung Knappschaft-Bahn-See requires the initial decision-making on the adaptation of the statutes of the Bundesknappschaft to the majority of the votes of the representative of each of the carriers referred to in Article 6 (2) (a) to (c). If no decision is taken, the supervisory authority may adopt the statutes. The same shall apply if the supervisory authority fails to approve the statutes and the representative assembly in the time limit set by the supervisory authority does not decide on any new statutes or, if the new statutes are not approved, as well. A majority of at least two-thirds of the votes cast shall be required for further amendments or additions to the statutes. The Articles of Association may provide for exceptions. (3) In the self-governing bodies of the Deutsche Rentenversicherung Knappschaft-Bahn-See, a majority in the groups of insured persons and the employer is required for decision-making in respect of the decision-making process.

1.

the election of the members of the Management Board and the election of the Chairman or Chairman of the Management Board,

2.

the staffing of committees,

3.

the recruitment, promotion and dismissal of candidates for higher-service careers,

4.

the recruitment, courtesy and dismissal of employees, with the exception of assistants, in groups of remuneration whose activity, according to the characteristics of the activity, at least the activities in the entrance office of the career of the higher service level,

5.

the fixing of sickness insurance contributions of more than 11 per cent of the contributor to the contributor.

(4) The Articles of Association shall determine in matters of health insurance and in matters of the former railway insurance institution Division B regulations for decision-making. § 64 (2) sentence 1 of the Fourth Book of the Social Code is applicable. Unofficial table of contents

§ 9 Term of office

(1) The term of office of the members of the self-governing bodies of the Bundesknappschaft, the Bahnversicherungsanstalt and the Seekasse shall end with the first meeting of the representative assembly of the Deutsche Rentenversicherung Knappschaft-Bahn-See (German Pension Insurance). (2) The insurance-oldest of the Federal Cnapphood are from 1. October 2005 Insurance oldest of the Deutsche Rentenversicherung Knappschaft-Bahn-See. The Articles of Association may stipulate that the representative assembly elects the other oldest of the insurers for the former areas of the railway insurance institution and the sea-insurance institution. Unofficial table of contents

§ 10 Managing Board of the Deutsche Rentenversicherung Knappschaft-Bahn-See

The members of the Executive Board of the Bundesknappschaft, who are in office on 30 September 2005, take up the duties of the members of the Management Board of the Deutsche Rentenversicherung Knappschaft-Bahn-See until their appointment in accordance with Section 143 (6) of the German Pension Fund. Sixth Book of the Social Code in the beginning of 1. The text is in force in October 2005. Unofficial table of contents

§ 11 Transitional regulations on the self-governing bodies and the management of the German Pension Insurance Association

Up to the end of the 1. The formation of the self-governing bodies and the management of the Deutsche Rentenversicherung Bund differs from the provisions of the Fourth Section of the Fourth Book of Social Code in accordance with § § § § § § § § § § § § § § § § § § § § § § § § § § § 12 to 14. Unofficial table of contents

§ 12 Federal Assembly of the German Pension Insurance Association

(1) The members of the representative assembly of the Federal Insurance Office for employees are members of the Federal Council of Representatives of the German Pension Insurance Association. § 44 (5) sentence 1 of the Fourth Book of the Social Code remains unaffected. The representative assembly of the Deutsche Rentenversicherung Bund belongs to the members of the representative assembly of the Federal Insurance Office for employees. (2) The Federal Council of Representatives of the Deutsche Rentenversicherung Bund shall be no later than 31. October 2005 for the first time. The provisions of Sections 73 and 74 of the Electoral Regulations for Social Security shall apply mutatily for the first meeting of the Federal Council of representatives, with the proviso that the Chairman of the Executive Board of the Federal Insurance Office shall be responsible for (3) The term of office of the members of the representative assembly of the Federal Insurance Office for employees ends with the first-time meeting of the members of the Supervisory Board. Federal Assembly of the German Pension Insurance Association. Unofficial table of contents

§ 13 (omitted)

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§ 14 Management of the German Pension Insurance Association

The members of the Management Board of the Federal Insurance Office for employees and the Managing Director and the Deputy Managing Director and the Deputy Managing Director of the Management Board of the Federal Insurance Office on 30 September 2005 of the Association of German Pension Insurance Institutions, which are on 30 September 2005, take up the duties of the management of the Deutsche Rentenversicherung Bund until the appointment of the members of the Executive Board of the Deutsche Rentenversicherung Bund in accordance with Section 143 (2) of the Sixth Book of Social Code in the first subparagraph of 1. The text is in force in October 2005. Unofficial table of contents

Section 15 Extended Executive Board

The Managing Director and the Deputy Managing Director or Deputy Managing Director of the Association of German Pension Insurance Institutions, which amends on 30 September 2005, shall take until the establishment of the Extended Executive Board with the Deutsche Rentenversicherung Bund whose tasks are true.

Section 3
Transfer of the statutes of the railway insurance institution and other transitional arrangements

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Section 16 Management of the statutory provisions of the railway insurance institution

(1) Insofar as the railway insurance institution provides services under statutory statutory provisions, these shall be taken from the first. (2) The administrative expenditure necessary for this benefit is to be financed from the receipts for the services. (3) The corresponding income, performance expenses and administrative expenses are managed in a special fund separately from the other assets of the Deutsche Rentenversicherung Knappschaft-Bahn-See. Proof of revenue and expenditure shall be provided in an annex to the budget of the Deutsche Rentenversicherung Knappschaft-Bahn-See, which is not subject to the procedure under Section 71 of the Fourth Book of Social Code, but rather the approval of the Federal Ministry of Transport, Building and Urban Development is required. Unofficial table of contents

Section 17 Preliminary deadline for the 2006 budgets

In accordance with § 70 (4) and 71 (3) of the Fourth Book of the Social Code, the budgets of the Deutsche Rentenversicherung Bund and the Deutsche Rentenversicherung Knappschaft-Bahn-See for the year 2006 are the Federal Ministry of Education and Social Affairs. for work and social affairs no later than 30 November 2005. The budget of the Deutsche Rentenversicherung Bund can be objected to by 28 February 2006. Unofficial table of contents

Section 18 Financing of the pension insurance institutions in the calendar year 2005

(1) For the calendar year 2005, the financing of the institutions of the pension insurance shall continue to be financed in accordance with the financial constitution in force on 31 December 2004. This applies in particular to the financial relations between the institutions, the Federal Government and third parties in accordance with the provisions which remain in force until 31 December 2005. The transition from the pension insurance scheme of the workers and employees to the general pension scheme will not result in a new financial constitution for this period until 1 January 2006, by means of the provisions which are then in force under Article 86 (5). Support. (2) In the case of workers ' pension insurance institutions which continue to apply until 31 December 2005, the national insurance institutions, the railway insurance institution and the national insurance institutions shall be considered as such until 30 September 2005. Seekasse as the institution of the general pension insurance scheme. If, during this period, the institution is responsible for the pension insurance of the employees, the Federal Insurance Office shall be considered as such to be the institution of the general pension insurance scheme. 1. From October 2005 to 31 December 2005, the first and second sentences shall apply mutagens to the legal successor of the said institutions. (3) In the calendar year 2005, the general pension insurance scheme shall be considered as the pension insurance scheme of the workers, provided that they are covered by the National insurance companies, the railway insurance institution or the maritime insurance company, or their legal successor. In the calendar year 2005, the pension insurance of the employees is covered by the general pension insurance scheme, insofar as it is perceived by the Federal Insurance Office for employees or their legal successor. Unofficial table of contents

Section 19 forwarding of contributions in 2005

For the calendar year 2005, the Association of German Pension Insurance Institutions shares the catchment bodies in accordance with Section 28k (1) of the Fourth Book of the Social Code in the version of the pension insurance scheme in force as of 1 January 2005 and the contribution of which shall be immediately after the entry into force of this Act Unofficial table of contents

§ 20 Responsibility of the institution of the pension insurance up to the establishment of the Deutsche Rentenversicherung Bund and the Deutsche Rentenversicherung Knappschaft-Bahn-See

(1) Until September 30, 2005, the German Pension Fund (Deutsche Rentenversicherung) is replaced by the German Pension Insurance Act, which has been amended by the Law on Organizational Reform in the statutory pension insurance scheme as of 1 January 2005. Federal Insurance Office for Employees. (2) Until September 30, 2005, regulations that have been amended by the Law on Organizational Reform in the statutory pension insurance as of January 1, 2005, replace the German Federal Insurance Office (Bundesversicherungsanstalt für Anposted). Pension insurance Knappschaft-Bahn-See the Bundesknappschaft. Unofficial table of contents

Section 21 Information on organisational reform

The Association of German Pension Insurance Institutions, together with the institutions of the pension insurance, informs the insured as well as the pensioners about the entry into force of this law on the essential part of the organizational reform of the new regulations related to statutory pension insurance, in particular via the new insurance scheme.