Seventh Book of Social Law-Social Accident Insurance-(Article 1 of the Law of 7 August 1996, BGBl. 1254)

Unofficial table of contents

SGB 7

Date of completion: 07.08.1996

Full quote:

" The Seventh Book of Social Law-Social Accident Insurance-(Article 1 of the Law of 7 August 1996, BGBl. 1254), which is provided by Article 4 of the Law of 17 July 2015 (BGBl. I p. 1368).

Status:	Last amended by Art. 6 G v. 19.10.2013 I 3836, as amended by Art. 3 No. 3 G v. 30.7.2014 I 1311
Note:	Amendment by Art. 7 G v. 23.12.2014 I 2462 (No 64) has been documented in a textual, documentary form not yet concludedly
	Amendment by Art. 2 para. 22 G v. 1.4.2015 I 434 (No 14) in a textual proof, not yet concludedly processed in a documentary form
	Amendment by Art. 4 G v. 15.4.2015 I 583 (No 15) not yet taken into account
	Indirect amendment by Art. 5 G v. 15.4.2015 I 583 (No. 15) not yet taken into account
	Amendment by Art. 4 G v. 17.7.2015 I 1368 (No 31) not yet taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 21.8.1996 + + +) 

  

The law was passed by the Bundestag with the consent of the Bundesrat. It's gem. Art. 36 G v. 7.8.1996 I 1254 (UVEG 860-7/ 1) mWv 1.1.1997 entered into force. § 1 Nr 1, § § 14 to 25 came into force on 21.8.1996. Unofficial table of contents

Content Summary

First chapter
	Tasks, insured persons, insurance case
		First section
			Tasks of the accident insurance
§ 1				Prevention, rehabilitation, compensation
		Second section
			Insured persons
§ 2				Insurance by law
§ 3				Insurance by statute
§ 4				Freedom of insurance
§ 5				Exemption from insurance
§ 6				Voluntary insurance
		Third Section
			Insurance Case
§ 7				Term
§ 8				Work accident
§ 9				Occupational disease
§ 10				Enlargement in maritime and inland waterway transport
§ 11				Indirect consequences of an insurance case
§ 12				Insurance case of a fruit fruit
§ 12a				Health damage associated with the donation of blood or body organs, organ parts or tissues
§ 13				Material damage in the case of aid
Second chapter
	Prevention
§ 14				Principle
§ 15				Accident prevention regulations
§ 16				Validity of the responsibility of other accident insurance institutions and for foreign companies
§ 17				Monitoring and advice
§ 18				Supervisors
§ 19				Powers of supervisors
§ 20				Cooperation with third parties
Section 21				Responsibility of the entrepre, participation of the insured persons
Section 22				Security Officer
Section 23				Education and training
§ 24				Overworking medical and safety service
Section 25				Report to the Bundestag
Third chapter
	Benefits after the occurrence of an insurance case
		First section
			Healing treatment, benefits for participation in working life, benefits for participation in life in the community and supplementary benefits, care, cash benefits
					First subsection
						Claim and performance types
Section 26				Principle
					Second subsection
						Healing Treatment
§ 27				Scope of treatment
§ 28				Medical and dental treatment
§ 29				Medicine and bandage
§ 30				Remedies
Section 31				Aids
Section 32				Home nursing
§ 33				Treatment in hospitals and rehabilitation centres
Section 34				Implementation of the healing treatment
					Third Subsection
						Benefits for participation in working life
§ 35				Benefits for participation in working life
§ § 36 to 38				(dropped)
					Fourth subsection
						Benefits for participation in Community life and supplementary benefits
§ 39				Benefits for participation in Community life and supplementary benefits
§ 40				Motor vehicle assistance
Section 41				Housing Aid
§ 42				Budgetary support and childcare costs
Section 43				Travel expenses
					Fifth Subsection
						Benefits in the case of need for care
Section 44				Care
					Sixth subsection
						Cash benefits during medical treatment and benefits for participation in working life
§ 45				Requirements for the infringed money
Section 46				Start and end of injury
§ 47				Height of the injury
§ 48				Infringing money in case of re-illness
§ 49				Transitional allowance
§ 50				Height and calculation of the transitional period
Section 51				(dropped)
Section 52				Accounting for income on injured and transitional allowances
					Seventh-Subsection
						Special provisions for the insured persons in the maritime transport sector
Section 53				Priority of medical care by the shipowners
					Eighth Subsection
						Special provisions for the insured persons of the agricultural accident insurance
§ 54				Operational and budgetary aid
§ 55				Type and form of operational and budgetary aid
§ 55a				Other claims, injury fees
		Second section
			Pensions, subsidies, severance payments
					First subsection
						Pensions to insured persons
§ 56				Conditions and amount of pension entitlement
Section 57				Increase of the pension in the case of seriously injured
Section 58				Increase of pension in unemployment
§ 59				Maximum amount for several pensions
§ 60				Reduction in home care
Section 61				Pensions for civil servants and professional soldiers
Section 62				Pension as a temporary compensation
					Second subsection
						Survivors ' benefits
§ 63				Death benefits
Section 64				Death grants and repayment of transfer costs
Section 65				Widows and Witwerrente
Section 66				Widows 'and widows' pension to former spouses; several beneficiaries
Section 67				Conditions of the orphan's pension
Section 68				Height of the orphan's pension
Section 69				Pension to relatives of the ascending line
Section 70				Maximum amount of survivor's pensions
Section 71				Widows, widows and orphans
					Third Subsection
						Start, change and end of pensions
Section 72				Start of pensions
Section 73				Changes and end of pensions
Section 74				Derogations for the amendment of pensions
					Fourth subsection
						Severance
§ 75				Compensation with a total remuneration
Section 76				Compensation in the case of a reduction in the earning capacity below 40 of the hundred
Section 77				Resurrecting the refunded pension
Section 78				Compensation in the event of a reduction of the earning capacity from 40 of the hundred
§ 79				Scope of severance
§ 80				Compensation for remarriage
					Fifth Subsection
						Special provisions for the insured persons of the agricultural accident insurance
§ 80a				Conditions for the pension entitlement, waiting period
		Third Section
			Annual work earnings
					First subsection
						General
§ 81				Annual work earnings as calculation basis
					Second subsection
						First-time fixing
Section 82				Rule Calculation
Section 83				Annual Employment Service by Statutes
Section 84				Annual work earnings for occupational diseases
§ 85				Minimum and maximum annual work earnings
§ 86				Annual work earnings for children
Section 87				Annual work earnings at a reasonable level of discretion
Section 88				Increase in annual work earnings for survivors
§ 89				Consideration of adjustments
					Third Subsection
						Recommit
§ 90				Re-establishment after expected school or vocational training or age
Section 91				Minimum and maximum annual work earnings, annual work earnings at reduced discretion in the event of redetermination
					Fourth subsection
						Special provisions relating to seafarers and their survivors insured with the professional association for transport and transport
§ 92				Annual employment service for seafarers
					Fifth Subsection
						Special provisions for the insured persons of the agricultural accident insurance scheme and their survivors
Section 93				Annual earnings earnings for agricultural entrepreneurs, their spouses and family members
		Fourth Section
			Multi-performance
Section 94				Multi-performance
		Fifth Section
			Common rules on benefits
§ 95				Adjustment of cash benefits
§ 96				Maturity, payout and calculation principles
Section 97				Services abroad
Section 98				Credit for other services
§ 99				Performance of tasks by Deutsche Post AG
§ 100				Authorisation
§ 101				Exclusion or reduction of benefits
Section 102				Font
Section 103				Intermediate message, accident investigation
Fourth chapter
	Liability of entrepreneurs, company members and other persons
		First section
			Limitation of liability to insured persons, their dependants and their survivors
Section 104				Limitation of the liability of entrepreneurs
Section 105				Limitation of the liability of other persons active in the operation
Section 106				Limitation of liability of other persons
Section 107				Special features in the seafaring
Section 108				Binding of the courts
§ 109				Determination of the rights of persons limited in liability
		Second section
			Liability to social security institutions
§ 110				Liability to social security institutions
Section 111				Liability of the Company
Section 112				Binding of the courts
Section 113				Statute of limitations
Fifth chapter
	Organization
		First section
			Accident insurance institutions
Section 114				Accident insurance institutions
§ 115				Prevention in the accident insurance of the federal and railway companies
Section 116				Accident insurance institutions in the state sector
Section 117				Accident insurance institutions in the municipal sector
Section 118				Association of Professional Cooperatives
§ 119				(dropped)
Section 119a				(dropped)
§ 120				Federal and state guarantee
		Second section
			Responsibility
					First subsection
						Responsibility of the commercial professional associations
Section 121				Responsibility of the commercial professional associations
§ 122				Factual and local competence
					Second subsection
						Responsibility of the Agricultural Trade Association
§ 123				Responsibility of the Agricultural Trade Association
Section 124				Components of the agricultural undertaking
					Third Subsection
						Responsibility of the Public Accident Insurance Institutions
§ 125				Responsibility of the Federal and German Railways accident insurance
§ 126				(dropped)
§ 127				Responsibility of the Post and Telekom accident insurance company
§ 128				Responsibility of the accident insurance institutions in the country
Section 129				Responsibility of the accident insurance institutions in the municipal sector
Section 129a				Responsibility for joint participation of the Federal Government, Länder, municipalities or community associations in companies
					Fourth subsection
						Common rules on jurisdiction
§ 130				Local competence
Section 131				Responsibility for auxiliary and subsidiary companies
Section 132				Responsibility for Accident Insurance Institutions
§ 133				Responsibility for insured persons
Section 134				Responsibility for occupational diseases
§ 135				Insurance according to several regulations
Section 136				Communication on the competence, concept of the entrepre
Section 137				Effect of changes of competence
§ 138				Provision of information to insured persons
Section 139				Provisional jurisdiction
Section 139a				German Accident Insurance Liaison Office-Abroad
		Third Section
			Other insurance institutions
§ 140				Liability and foreign insurance
Section 141				Institution of insurance institutions, supervision
Section 142				Common bodies
Section 143				(dropped)
		Fourth Section
			Service
Section 144				Order
§ 145				Regulations in the service order
Section 146				Breach of the Rules of Service
Section 147				Establishment and amendment of the official order
§ 147a				Remuneration of the managing directors of the professional associations and the social security insurance for agriculture, forestry and horticulture
§ 148				Regulations of the Federal and German Railways accident insurance
§ 149				Rules on the service of the Post and Telekom accident insurance fund
Section 149a				(dropped)
Sixth chapter
	Application of appropriations
		First section
			General provisions
					First subsection
						Obligation to contribute
Section 150				Contributor
Section 151				Contribution survey for occupational medical and safety services
					Second subsection
						Contribution level
Section 152				Umlage
Section 153				Calculation bases
Section 154				Calculation bases in special cases
§ 155				Contributions according to the number of insured persons
Section 156				Contributions after a working wage divided into working hours
Section 157				Hazardous Tariff
Section 158				Approval
Section 159				Assessment of the companies with regard to the hazard classes
§ 160				Amendment of the apportionment
Section 161				Minimum contribution
Section 162				Surcharges, discounts, premiums
Section 163				Contribution Subsidies for Coastal Fishermen
					Third Subsection
						Advance payments and security benefits
Section 164				Contribution advance and security benefits
					Fourth subsection
						Transfer Procedure
Section 165				Evidence
Section 166				Obligation to provide information for entrepreneurs and monitoring of contributions
Section 167				Contribution Calculation
§ 168				Assessment of contributions
§ 169				(dropped)
§ 170				Contribution payment to another accident insurance institution
					Fifth Subsection
						Operating resources, reserve and administrative assets
Section 171				Funds of the Accident Insurance Institutions
Section 172				Resources
§ 172a				Backsheet
§ 172b				Administrative assets
§ 172c				Age provisions
					Sixth subsection
						Merging and sharing of the burden, division of the compensation burden in cases of occupational diseases, claims for reimbursement of the agricultural trade association
Section 173				Assembly and division of the load
§ 174				Division of the compensation burden for occupational diseases
§ 175				Entitlement to reimbursement of the agricultural trade association
					Seventh-Subsection
						Distribution of charges between the professional associations
Section 176				Principle
Section 177				Definitions
Section 178				Joint Transfer of Pension burdens
§ 179				Special arrangements in the event of an exceptional burden
§ 180				Free amounts, non-profit-making companies
§ 181				Implementation of the compensation
		Second section
			Special provisions relating to agricultural accident insurance
§ 182				Calculation bases
Section 183				Transfer Procedure
§ 183a				Accountability on the use of funds
Section 184				Backsheet
§ 184a				(dropped)
§ 184b				(dropped)
§ 184c				(dropped)
§ 184d				(dropped)
		Third Section
			Special provisions for public accident insurance institutions
§ 185				Municipal accident insurance associations, accident insurance funds of the Länder and municipalities, joint accident insurance funds, fire brigade accident insurance funds
Section 186				Expenses of the accident insurance Federal and German Railways
		Fourth Section
			Common rules
					First subsection
						Calculation principles
§ 187				Calculation principles
					Second subsection
						Reducing the costs of administration and procedures
§ 187a				Reduction of the costs of administration and procedures in the agricultural accident insurance
Seventh chapter
	Cooperation of the accident insurance institutions with other service providers and their relations with third parties
		First section
			Cooperation between the accident insurance institutions and other service providers
Section 188				Obligation to provide information to the health insurance companies
§ 189				Commission of a health insurance company
§ 190				Obligation of the accident insurance institutions to notify pension insurance institutions when pensions are met
		Second section
			Relations between the accident insurance institutions and third parties
Section 191				Obligation to support entrepreneurs
§ 192				Participation and disclosure requirements of entrepreneurs and builders
Section 193				Obligation to display an insurance case by the entrepreneurs
§ 194				Obligation to notify the owners of seagoing ships
§ 195				Support and notification requirements of chambers and the authorities responsible for issuing a commercial or building permit
§ 196				Reporting obligations of the ship surveying and registration authorities
§ 197				Additional authorities ' obligation to provide information
§ 198				Obligation to provide information for the property owners
Eighth chapter
	Data protection
		First section
			Principles
§ 199				Collection, processing and use of data by the accident insurance institutions
§ 200				Limitation of the power of transmission
		Second section
			Data collection and processing by doctors
Section 201				Data collection and data processing by doctors
Section 202				Compulsory notification of doctors in case of occupational diseases
§ 203				Obligation of physicians to provide information
		Third Section
			Files
Section 204				Establishment of a file for several accident insurance institutions
§ 205				(dropped)
		Fourth Section
			Other provisions
§ 206				Transmission of data for research on the fight against occupational diseases
§ 207				Collection, processing and use of data for the prevention of insurance cases and work-related health hazards
Section 208				Information from Deutsche Post AG
Ninth chapter
	Fines
Section 209				Fines
Section 210				Competent managing authority
Section 211				Cooperation in the prosecution and prosecution of administrative offences
Tenth chapter
	Transitional justice
Section 212				Principle
§ 213				Insurance cover
Section 214				Applies also to previous insurance cases
Section 215				Special provisions relating to insurance cases in the territory referred to in Article 3 of the agreement
Section 216				Reference size (East) and current pension value (East)
§ 217				Inventory protection
§ 218				Countries and municipalities as accident insurance institutions
Section 218a				Survivors ' benefits
§ 218b				(dropped)
§ 218c				Payment of current cash benefits at the beginning of 1 April 2004
§ 218d				Special responsibilities
§ 218e				Transitional arrangements on the occasion of the transition of the monitoring of contributions to the institutions of the German Pension Insurance
Section 219				Contribution Calculation
§ 219a				Operating resources, reserve, old-age provisions
Section 220				Compensation under the commercial professional cooperatives
Section 221				Special provisions relating to agricultural accident insurance
Section 221a				Special severance in the agricultural accident insurance
Section 221b				Transitional period and contribution adjustment in the agricultural accident insurance
Eleventh chapter
	Transitional provisions for the reorganisation of statutory accident insurance
Section 222				Reorganization of the commercial professional cooperatives
Section 223				Reorganization of the state-run accident insurance institutions of the public sector
Section 224				(dropped)
Section 225				(dropped)
Appendix 1				Industrial Professional Cooperatives
Appendix 2				(dropped)

First chapter
Tasks, insured persons, insurance case

First section
Tasks of the accident insurance

Unofficial table of contents

§ 1 Prevention, Rehabilitation, Compensation

The task of the accident insurance is to comply with the provisions of this book

1.

by all appropriate means to prevent accidents at work and occupational diseases, as well as work-related health hazards,

2.

in the event of accidents at work or occupational diseases, to restore the health and performance of the insured persons by any appropriate means and to compensate them or their survivors by cash benefits.

Second section
Insured persons

Unofficial table of contents

§ 2 Insurance by law

(1) Force law is insured

1.

Employees,

2.

Learners during initial and continuing vocational training in establishments, training workshops, training courses and similar facilities,

3.

Persons undergoing examinations, tests or similar measures required by legislation to take up a insured activity or to take account of a completed insured activity, to the extent that: the measures have been initiated by the undertaking or by an authority,

4.

disabled persons working in recognised workshops for disabled persons or in blind workshops within the meaning of § 143 of the Ninth book or for these institutions in home work,

5.

Persons who:

a)

entrepreneurs of an agricultural undertaking and their spouses or life partners who are part of the undertaking,

b)

in the agricultural undertaking, not only are family members working temporarily,

c)

in agricultural enterprises, in the legal form of capital or partnerships, are regularly employed, such as entrepreneurs, on a regular basis,

d)

acting on a voluntary basis in companies that are directly responsible for securing, monitoring or promoting agriculture,

e)

acting on a voluntary basis in the professional associations of agriculture,

if the agricultural trade association is responsible for the company.

6.

Home advertisers and intermediate masters as well as their co-working spouses or life partners,

7.

Self-employed coastal shippers and coastal fishers belonging to the crew of their vehicle or as coastal fishermen without a vehicle and regularly employing no more than four workers, as well as their assisting spouses or Life partners,

8.

a)

Children during the visit of day-care facilities, whose institutions require permission to operate the facilities according to § 45 of the Eighth Book or a permit pursuant to a corresponding national law, as well as during the supervision by suitable day-care persons within the meaning of § 23 of the Eighth Book,

b)

Pupils during the visit of general or vocational schools and during their participation in, or in cooperation with, the school immediately before or after the lessons of the school,

c)

Students during initial and continuing education at universities,

9.

persons who work independently or free of charge, in particular on a voluntary basis in the health care sector or in the welfare of the welfare,

10.

Persons who:

a)

for entities, institutions or foundations of public law or their associations or working groups, for the bodies referred to in points 2 and 8 or for private-sector organisations on behalf of or with the express purpose of consent, in special cases with the written permission of local authorities, to act on a voluntary basis or to take part in training events for this activity,

b)

for public-law religious communities and their institutions or for private-sector organisations on behalf of or with express consent, in special cases with the written authorisation of public law Religious communities volunteer or participate in training events for this activity,

11.

Persons who:

a)

be used by a body, institution or foundation under public law to assist in the conduct of a service,

b)

be used by a public authority entitled to do so as a witness to the evidence collection,

12.

persons who, in the event of accidents or in civil protection, are employed free of charge, in particular on a voluntary basis, or who take part in training events of these companies,

13.

Persons who:

a)

in the event of an accident or a common danger or need, or rescue another from a significant present danger to his or her health,

b)

donate blood or body organs, organ parts or tissue, or where preliminary examinations or after-care measures are carried out at the end of the donation,

c)

in the event of the prosecution or arrest of a person suspected of being a criminal offence or who is personally committed to the protection of an unlawfully attacked person,

14.

Persons who:

a)

according to the provisions of the second or third book of the notification obligation, if they are subject to a special request addressed to them by the Federal Employment Agency (Bundesagentur für Arbeit), in accordance with § 6 (1) sentence 1 (2) of the Second Book shall comply with the requirements of the competent institution or of a municipal institution authorised in accordance with Section 6a of the Second Book, to seek this or any other body,

b)

participate in a measure if the person himself or the measure via the Federal Employment Agency, a institution responsible pursuant to § 6 (1) sentence 1, point 2 of the Second Book, or a municipal institution approved in accordance with § 6a of the Second Book is encouraged,

15.

Persons who:

a)

at the expense of a sickness insurance fund or a institution of the statutory pension insurance or the agricultural retirement fund, in-patient or part-hospital treatment or in-patient, part-inpatient or outpatient services for medical purposes rehabilitation,

b)

In order to prepare benefits for participation in working life, at the request of a institution of the statutory pension insurance scheme or the Federal Employment Agency, visit one of these institutions or another body,

c)

take part in preventive measures in accordance with § 3 of the occupational disease regulation at the expense of an accident insurance institution,

16.

Persons who, in the creation of a publicly sponsored living space within the meaning of the Second Housing Act or in the context of social housing promotion, in the creation of housing within the meaning of § 16 (1) No. 1 to 3 of the Housing Promotion Act or in the context of self-help legislation,

17.

Caregivers within the meaning of § 19 of the Eleventh Book in the care of a person in need of care within the meaning of § 14 of the Eleventh Book; the insured activity includes care activities in the field of personal care and-as far as these activities are predominately For the benefit of those in need of care-care activities in the areas of nutrition, mobility and domestic care (§ 14 para. 4 of the Eleventh Book).

(1a) Insured persons shall also be insured persons who, on the basis of a written agreement, shall, on the basis of a written agreement, on the basis of an average of at least eight hours per week in the service of an appropriate institution and for the duration of at least six months as a volunteer for a volunteer service of all generations. As a carrier of voluntary service of all generations, domestic legal persons under public law or bodies falling under section 5 (1) (9) of the corporation tax act are suitable for the promotion of non-profit, benevolent, or non-profit-making bodies. clerical purposes (§ § 52 to 54 of the tax code) if they ensure liability insurance and continuous monitoring of volunteers and their continuing and continuing training of at least an average of 60 hours per year. The institutions shall keep records of the persons working for them in accordance with the first sentence, the nature and extent of the activities and the locations of operations. The records shall be kept for a period of at least five years. (2) Furthermore, persons who act as insured persons as referred to in paragraph 1 (1) shall be insured. The first sentence shall also apply to persons who, in the course of a deprivation of liberty pursuant to a law, act as employees on the basis of an order of criminal law, public prosecutors or youth authorities. (3) Paragraph 1 (1) applies also for

1.

Persons who are employed abroad by an official representative of the Federal Government or the Länder or their heads, members or employees and are insured under the statutory pension insurance scheme in accordance with § 4 (1) sentence 2 of the sixth book ,

2.

Persons who:

a)

in the sense of the Development Service or Preparatory Service Act,

b)

a development-policy volunteer service "weltwärts" within the meaning of the directive of the German Federal Ministry for Economic Cooperation and Development of 1 August 2007 (BAnz. 1297),

c)

provide an International Youth Voluntary Service within the meaning of the International Youth Voluntary Service Directive of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth of 20 December 2010 (GMBl p. 1778),

3.

Persons who:

a)

carry out an activity at an intergovernmental or superstate organisation and whose employment relationship in the civil service is at rest during that period,

b)

as teachers from the Federal Foreign Office have been sent to schools abroad by the Federal Administrative Office, or

c)

be secured for their activities in international civil crisis prevention operations by means of a secunding contract in accordance with the "Secunding Act".

The insurance referred to in point 3 (a) and (c) of the first sentence shall also cover accidents or diseases which arise as a result of a disappearance or imprisonment or are based on the fact that the insured person, out of any other person's activity, shall be withdrawn from the sphere of influence of his employer or of the institution responsible for carrying out his operation. The same applies if accidents or diseases are caused by health-damaging or otherwise substantially deviating conditions in the course of activity or use abroad. In so far as the provisions of paragraphs 1 to 2 do not require employment or self-employed activity, they shall, by way of derogation from § 3 (2) of the Fourth Book, apply to all persons performing the activities referred to in those paragraphs in the territory of the country; § 4 of the Fourth Book Fourth book applies accordingly. Paragraph 1 (13) shall also apply to persons working abroad if they are domicated or habituated in the territory of the country. (4) Family members within the meaning of paragraph 1 (5) (b)

1.

Related up to third grade,

2.

Lasted to the second grade,

3.

Care children (§ 56 para. 2 no. 2 of the First Book)

of the entrepreneurs, their spouses or their life partners. Unofficial table of contents

§ 3 Insurance by statute

(1) The statutes may stipulate that and under which conditions the insurance shall extend to:

1.

entrepreneurs and their spouses or life partners working in the company;

2.

Persons who are staying at the company's premises; § 2 (3) sentence 2, first half-sentence shall apply accordingly,

3.

Persons who:

a)

be employed abroad at a state-owned German institution,

b)

be made available to other States in order to work abroad by a State German institution;

Insurance cover only exists to the extent that persons are not covered by accident insurance under the law of the State of employment,

4.

Volunteer and cosmopolittically constricted.

(2) Paragraph 1 shall not apply to:

1.

Budget-leading,

2.

Operators of non-commercial inland fisheries or apiaries and their spouses or partners working in the enterprise,

3.

persons who fish or hunt as fishing or hunting passengers on the basis of a licence granted by fishing or hunting rights,

4.

Shipowners who do not belong to the crew of the vehicle and their spouses or life partners working in the company.

Unofficial table of contents

§ 4 Freedom of insurance

(1) Insurance-free

1.

persons, where they are subject to civil accident welfare legislation or principles, except for honorary officials and honorary judges,

2.

Persons, insofar as they are subject to the Federal Supply Act or laws providing for a corresponding application of the Federal Supply Act, unless that

a)

the insurance case is at the same time the consequence of injury within the meaning of those laws; or

b)

it is an injury within the meaning of Section 5 (1) (e) of the Federal Supply Act,

3.

members of sacred cooperatives, deaconesses and members of similar communities who, in accordance with the rules of the Community, ensure that they are provided with the usual care in the Community and that the fulfilment of the requirements of the Warranty is secured.

(2) From the insurance in accordance with § 2 para. 1 no. 5 are free

1.

persons who fish or hunt as fishing or hunting passengers on the basis of a licence granted by fishing or hunting rights,

2.

Operators of inland fisheries, apiaries and undertakings in accordance with Article 123 (1) (2), if these undertakings are not operated on a commercial basis and are not owned or auxiliary undertakings of another agricultural undertaking, and their undertakings in the Companies assisting spouses or life partners; the same applies to persons who are free of charge in these companies as relatives or persons who have not been married to the second degree or as the foster child of the entrepreneurs, their spouses or life partners are active. A beekeeping company is considered to be non-professional if not more than 25 bee colonies are held.

(3) The insurance pursuant to § 2 (1) no. 9 are free of self-employed physicians, dentists, veterinary surgeons, psychotherapists, psychotherapists, psychotherapists and pharmacists. (4) From the insurance pursuant to § 2 para. 2 is free of charge, who is active in a household as a relative or a person who is not responsible for the second degree or as a nurse of the household, the spouse or the life partner, unless he is in a household referred to in § 124 (1) (5) From the insurance in accordance with § 2 para. 2 are free persons who are members of the family (§ 2 para. 4) of the entrepreneurs, their spouses or life partners in a company according to § 123 (1) no. 1 to 5 are active free of charge if they satisfy the conditions for entitlement to a pension on the basis of age under the law of the legal Pension insurance, including the pension scheme of farmers, and have applied for a pension. Unofficial table of contents

§ 5 Insurance exemption

From the insurance in accordance with § 2 (1) no. 5, entrepreneurs of agricultural undertakings within the meaning of § 123 (1) (1) to a size of 0.25 hectares and their spouses or life partners shall be irrevocably exempted on request; this shall not apply to: Special crops. The details shall be determined by the Statute. Unofficial table of contents

§ 6 Volunteer Insurance

(1) A written request can be insured

1.

Entrepreneurs and their spouses or partners working in the enterprise, with the exception of the head of the household, the entreprity of non-commercial inland fisheries, the non-commercial undertakings pursuant to § 123 (1) (2) and their spouses or life partners, as well as fishing and hunting guests,

2.

persons who are employed on a regular basis in capital or partnerships, such as entrepreneurs,

3.

elected or commissioned honorary sponsors in non-profit-making organizations,

4.

Persons working on a voluntary basis in association committees and commissions for employers 'organisations and trade unions as well as other self-employed workers' associations with social or professional policy objectives (other employees ' associations) are or participate in training events for this activity,

5.

Persons who volunteer for parties within the meaning of the party law or participate in training events for this activity.

In the cases referred to in point 3 of the first sentence, the organisation for which the honorary persons are active, or an association in which the organisation is a member, may also submit the application; in such cases, a name of the insured person shall not be called. is required. In the cases referred to in points 4 and 5 of the first sentence, the second sentence shall apply. (2) The insurance shall begin with the day following the receipt of the application. The insurance shall be issued if the contribution or contribution advance has not been paid within two months of the due date. A new application shall remain ineffective until the backward contribution or contribution advance has been paid.

Third Section
Insurance Case

Unofficial table of contents

§ 7 Term

(1) Insurance cases are accidents at work and occupational diseases. (2) Inprohibition action does not preclude an insurance case. Unofficial table of contents

§ 8 Labour accident

(1) accidents at work are accidents of insured persons as a result of an activity based on insurance cover in accordance with § 2, 3 or 6 (insured activity). Accidents are temporally limited events that affect the body from the outside, resulting in a health damage or death. (2) insured activities are also

1.

the relaying of the immediate path connected with the insured activity to and from the place of activity;

2.

the relaying of the path deviating from an immediate path to and from the place of activity, in order to:

a)

Children of insured persons (§ 56 of the first book) who live with them in a common household, because of their, their spouses or their life partners, to entrust their professional activities to foreign care; or

b)

together with other professionals or insured persons, to use a vehicle,

3.

the relaying of the path of the children of persons (§ 56 of the First Book), which deviates from a direct path to and from the place of activity, who live with them in a common household, if the deviation is based on the fact that the children entrusted with the professional activities of these persons or their spouses or their life partners of foreign care,

4.

the relaying of the path connected with the insured activity to and from the permanent family apartment if the insured persons, on account of the removal of their family home from the place of activity on the latter or in the vicinity thereof, a place of residence , have

5.

the preservation, promotion, maintenance and renewal of a work equipment or protective equipment connected with a insured activity, and the initial procurement of such equipment, if it is carried out on the initiative of the operators.

(3) As a health damage, damage or loss of an auxiliary means is also valid. Unofficial table of contents

§ 9 Occupational Disease

(1) occupational diseases are diseases which the Federal Government designates by means of a regulation with the consent of the Federal Council as occupational diseases and the insured persons as a result of an activity based on the insurance protection according to § 2, 3 or 6 suffer. The Federal Government is empowered to designate in the Regulation such diseases as occupational diseases which, according to the findings of medical science, are caused by special effects to which certain categories of persons are affected. by their insured activity to a considerably higher degree than the rest of the population; it can determine that the diseases are only occupational diseases if they are caused by activities in certain areas of risk or if they have been led to discontinue all activities which have been or may have been responsible for the development, aggravation or resurrection of the disease. The legal regulation also provides for the extent to which insured persons in companies of the sea travel are insured in time against occupational diseases in which they are on leave of absence. (2) The accident insurance institutions have a disease which is is not referred to in the regulation or where the conditions laid down therein do not exist, such as to recognise an occupational disease as an insurance case, provided that, at the time of the decision, the medical profession has to be Science the conditions for a designation referred to in the second sentence of paragraph 1 (3) Insured persons who, as a result of the special conditions of their insured activities, have been exposed to an increased risk of illness in an occupational disease referred to in the Regulation referred to in paragraph 1 of this Article, shall be subject to: (4) The recognition of a disease shall be presumed to have been caused by the insured activity. (4) The recognition of a disease as an occupational disease, the omission of all the activities which have been carried out for the The accident insurance institutions have to decide whether or not the accident insurance institutions have been or may be responsible for the development, aggravation or resurrection of the disease, before leaving any hazardous activity still to be carried out. (5) Insofar as provisions on benefits are laid down at the time of the insurance case, in the case of occupational diseases, the commencement of the incapacity for work or of the Need for treatment or, if this is more favourable to the insured person, at the beginning of the (6) The Federal Government, with the consent of the Federal Council, regulates by means of a decree law

1.

the conditions, the nature and scope of services to prevent the emergence, aggravation or resurrection of occupational diseases;

2.

the participation of the bodies responsible for medical occupational safety in the detection of occupational diseases and diseases which are to be compensated for in accordance with paragraph 2, such as occupational diseases, in which case it may be determined that the medical occupational health and safety authorities are entitled to draw up summary reports and to prepare their opinions for the preparation of their expert opinions, or at the expense of the accident insurance institutions other physicians with the acceptance of the to carry out investigations,

3.

the fees to be paid by the accident insurance institutions for the activities of the bodies referred to in point 2; these fees shall be based on the expenditure required for the assessment and the costs incurred.

(7) The accident insurance institutions shall inform the competent body responsible for the medical occupational health protection of the outcome of the occupational disease procedure, in so far as their decision is taken by the expert opinion of the competent authority. (8) The accident insurance institutions shall contribute to the development of new medical-scientific findings, in particular to the further development of the occupational diseases law; they shall be required by their own research or by participation in foreign bodies. Research projects contribute to the factual context of the (9) The bodies responsible for medical occupational health and safety may be required to determine the incidence of disease in a particular group of persons and adverse health effects in connection with the insured activity. Occupational diseases and diseases which are to be compensated in accordance with paragraph 2, such as occupational diseases, collect, process or use data as well as for the preparation of expert opinions, to the extent that this is done in the context of their participation in accordance with paragraph 2. They may, in particular, be subject to the following: competent accident insurance institutions. The data collected may also be processed or used for the prevention of accidents at work, occupational diseases and work-related health hazards. In so far as the bodies referred to in the first sentence are responsible for carrying out investigations by other doctors, the transmission of data between these bodies and the doctors responsible shall be allowed, in so far as this is within the scope of the investigation is required. Unofficial table of contents

Section 10 Enlargement in sea and inland waterway transport

(1) In maritime and inland waterway accidents, insurance cases are also caused by accidents

1.

of elementary events,

2.

the dangers inherent in a port or the berth of a vehicle,

3.

the carriage of land to the vehicle or from the vehicle to the country.

(2) In the case of shipping companies, the insured activity also applies to the free return of the goods under the Maritime Labour Act or the provisions of the tariff regulations. Unofficial table of contents

§ 11 Mediable consequences of an insurance case

(1) The consequences of an insurance case are also health damage or the death of insured persons as a result of:

1.

the implementation of a therapeutic treatment, of benefits for participation in the working life or of a measure according to § 3 of the occupational disease regulation,

2.

the restoration or renewal of an aid,

3.

the investigation ordered in order to clarify the facts of an insurance case

(2) Paragraph 1 shall apply mutatily if the insured person, at the request of the accident insurance institution, or a body designated by him for the preparation of measures for the treatment of medicinal products, the benefits to participate in working life or to take measures according to § 3 of the occupational diseases regulation. The request made by the accident insurance institution in accordance with the first sentence of the first subparagraph shall be equivalent to an invitation by a body responsible for the implementation of the measures referred to above. Unofficial table of contents

§ 12 Insurance case of a fruit fruit

An insurance case is also the health damage of a body fruit as a result of an insurance case of the mother during pregnancy; the body fruit is equal to a insured person in this respect. In the case of an occupational disease as an insurance case, it is sufficient that the health damage of the body fruit has been caused by special effects, which are generally suitable for causing an occupational disease of the mother. Unofficial table of contents

§ 12a Health damage in connection with the donation of blood or body organs, organ parts or tissues

(1) As an insurance case within the meaning of Article 7 (1), insured persons in accordance with § 2 (1) (13) (b) shall also be subject to the health damage caused by the removal of the blood, organ, organ or tissue removal from the system regularly. and is in the causal relationship with the donation. If after-treatments are required or late damages are to be considered, which are to be regarded as the effects of the donation or the increased health risk resulting from the donation, it is assumed that this has been caused by this. . This does not apply if it is clear that the health damage is not in the causal relationship with the donation; an autopsy for the purpose of such a determination must not be required. (2) Paragraph 1 shall also apply to health damage in the Link with the preliminary examinations necessary for the donation of blood or body organs, organ parts or tissues, as well as after-care measures. Sentence 1 shall also apply if it does not come to the end after the preliminary investigation. Unofficial table of contents

Section 13 damage to property in case of assistance

The persons insured pursuant to Article 2 (1) (11) (a), (12) and (13) (a) and (c) shall, upon request, compensate for any damage incurred as a result of any of the activities referred to in that paragraph to property in their possession, as well as to the expenses incurred, that they were allowed to consider necessary, in so far as there is no other public-law replacement claim. Insured persons pursuant to § 2 (1) (12) shall only be granted compensation for property damage if the use of the property damaged as a result of the insured activity took place in the interest of the auxiliary undertaking for which the activity was provided. Sentences 1 and 2 shall not apply to participation in training events in accordance with § 2 para. 1 no. 12 as well as in the case of insurance cases in accordance with § 8 para. 2. § 116 of the Tenth Book shall apply accordingly.

Second chapter
Prevention

Unofficial table of contents

§ 14 Principle

(1) The accident insurance institutions shall provide effective first aid with all appropriate means for the prevention of accidents at work, occupational diseases and work-related health hazards. They should also follow the causes of work-related risks to life and health. (2) In the prevention of work-related health hazards, the accident insurance institutions cooperate with the health insurance companies. (3) Accident insurance institutions take part in the development, implementation and continuation of the joint German occupational safety strategy in accordance with the provisions of the Fifth Section of the German Labour Protection Act. (4) The German Social Accident Insurance e. V. supports the accident insurance institutions in the performance of their prevention tasks in accordance with paragraph 1. In particular, it shall carry out the following tasks:

1.

coordination, implementation and promotion of joint actions and research in the field of the prevention of accidents at work, occupational diseases and occupational health hazards;

2.

Clarification of fundamental technical and legal issues in order to secure the uniform application of law in prevention.

Unofficial table of contents

Section 15 Accident Prevention Regulations

(1) The accident insurance institutions can be insured with the participation of the German Social Accident Insurance. V. as autonomous law, adopt accident prevention provisions on measures to prevent accidents at work, occupational diseases and occupational health hazards, or for an effective first aid, insofar as this is appropriate for prevention, and , and state health and safety legislation does not apply to it; in this framework, accident prevention provisions may be adopted on:

1.

equipment, arrangements and measures to be taken by operators for the prevention of accidents at work, occupational diseases and occupational health hazards, as well as the form of the transfer of these tasks to other persons,

2.

the behaviour of insured persons for the prevention of accidents at work, occupational diseases and occupational health hazards;

3.

Occupational medical examinations and other occupational health measures to be carried out by the entreprenter, before, during and after the execution of work carried out for insured persons or for third parties with work-related risks for life and health are connected,

4.

the conditions to be met by the doctor responsible for carrying out studies or measures referred to in point 3, provided that the medical examination is not provided for by a national law,

5.

to ensure effective first aid by the entreprenter,

6.

the measures to be taken by the trader in order to comply with the obligations arising from the law on occupational physicians, safety engineers and other occupational safety and health workers;

7.

the number of safety officers to be appointed in accordance with section 22, taking into account the risks and the number of persons employed in the enterprises for life and health of the insured persons.

In the accident prevention provision according to the first sentence of the first sentence, it can be determined that occupational health check-ups can also be initiated by the accident insurance institution. The German Statutory Accident Insurance e. V. (1a) In the case of the agricultural accident insurance, paragraph 1 shall apply with the proviso that the rules on the prevention of accidents from the agricultural sector shall apply to the agricultural accident insurance scheme. (2) In so far as the accident insurance institutions adopt the provisions laid down in the first sentence of the first subparagraph of paragraph 1, they may also, for the purposes specified therein, also be able to collect, process and use the following data on the Persons by the trader provide:

1.

pre- and surname, date of birth and sex,

2.

Residence address,

3.

day of hiring and leaving,

4.

the order number,

5.

Competent health insurance,

6.

the nature of the hazards emanating from the workplace;

7.

the nature of the activity, indicating the beginning and the end of the activity,

8.

information on the nature and times of previous activities in which there was a risk, to the extent that this is known,

9.

the date and result of the medical check-ups; the transmission of diagnostic data to the trader is not permitted,

10.

the date of the next periodic post-examination,

11.

Name and address of the doctor under investigation.

In so far as the accident insurance institutions adopt the provisions laid down in the second sentence of paragraph 1, the first sentence of the first sentence and the first sentence of Article 24 (1) shall apply. (3) Paragraph 1, first sentence, no. 1 to 5 shall not apply to the undertakings under the supervision of the authority of the competent authorities. (4) The The provisions of paragraph 1 shall be subject to approval by the Federal Ministry of Labour and Social Affairs. The decision shall be taken in consultation with the competent supreme administrative authorities of the countries. To the extent that the regulations are issued by an accident insurance institution, which is subject to the supervision of a country, the competent supreme state authority shall decide on the approval in consultation with the Federal Ministry of Labour and Social Affairs. The authorisation shall be granted if the provisions comply with the authorisation referred to in paragraph 1 and have been duly adopted by the representative assembly. The fulfilment of the conditions of approval referred to in the fourth sentence shall be set out in the application for the grant of the permit. In particular, the accident insurance institution shall state in particular that:

1.

it is not appropriate to regulate the measures provided for in the provisions of State employment protection legislation;

2.

the prevention objective sought by the rules is exceptionally not achieved by rules determined by a committee established in accordance with Article 18 (2) (5) of the German Labour Protection Act (Arbeitsschutzgesetz); and

3.

the findings required under paragraphs 1 and 2 have been made in a special procedure involving the labour protection authorities of the Federal Government and the Länder.

In the case of accident prevention provisions pursuant to the first sentence of the first sentence of paragraph 1, no. 6, the Federal Ministry of Labour and Social Affairs shall be informed of the authorisation to issue a decree in accordance with the provisions of Section 14 of the Law on Accident Prevention. Business doctors, safety engineers and other occupational safety professionals do not make use of them. (5) The operators must be informed of the rules referred to in paragraph 1 and shall be obliged to inform the insured. Unofficial table of contents

§ 16 Validate on the responsibility of other accident insurance institutions and for foreign companies

(1) The accident prevention regulations of an accident insurance carrier shall also apply to the extent to which insured persons are employed in the or for the company for which another accident insurance institution is responsible. (2) The accident prevention regulations of a German accident insurance institution are also applicable. Accident insurance companies also apply to entrepreneurs and employees of foreign companies who carry out an activity in Germany without having to belong to an accident insurance institution. Unofficial table of contents

Section 17 Monitoring and advising

(1) The accident insurance institutions shall monitor the implementation of the measures for the prevention of accidents at work, occupational diseases, work-related health hazards and for effective first aid in the companies, as well as the entrepreneurs and (2) In so far as insured persons are active in a company for which another accident insurance institution is responsible, the insured person may also carry out the measures for the prevention of occupational accidents, occupational diseases, work-related health hazards and for effective first aid monitor. Both accident insurance institutions should, if there are no factual reasons, vote for the monitoring and consultation and agree on their perception of an accident insurance institution. (3) Adult to the accident insurance institution by A contractor's obligation to monitor his/her company's supervision, the Management Board may impose such costs on the entreprenter. Unofficial table of contents

Section 18 supervisory staff

(1) The accident insurance institutions are obliged to employ supervisors in the number required for effective supervision and advice in accordance with § 17. (2) As a supervising person, only those who are able to empower them may be employed. Activity has been proven by an audit. The Accident Insurance Institutions issue examination regulations. The examination regulations must be approved by the supervisory authority. Unofficial table of contents

Section 19 Powers of the supervisory staff

(1) The supervisors may order in individual cases the measures to be taken by entrepreneurs or insured persons.

1.

for the performance of their obligations under the Accident Prevention Provisions in accordance with § 15,

2.

for the use of special accident and health hazards.

The supervisors shall be entitled to take immediate and fully enforceable orders for the use of work-related hazards for life and health in the event of a risk of default. Arrangements according to the first and second sentences may also be taken in relation to entrepreneurs and employees of foreign companies carrying out an activity in the domestic sector without an accident insurance institution (2) To monitor the prevention of accidents at work, occupational diseases, work-related health hazards, and to provide effective first aid, the supervisory authorities shall, in particular, be entitled to:

1.

to enter, inspect and check land and premises for operating and business hours,

2.

require the contractor to provide the information necessary for carrying out its monitoring task;

3.

the business and business documents of the entreprenter, in so far as it requires the carrying out of its monitoring task,

4.

to examine work equipment and personal protective equipment and their intended use;

5.

(c) to examine working methods and operations and, in particular, to identify the presence and concentration of dangerous substances and preparations or, in so far as the supervisors and the contractor do not make the necessary findings, shall be able to be determined at the expense of the trader,

6.

to request or extract samples from the specimen after their choice; in so far as the contractor does not expressly dispense with it, a part of the samples shall be officially closed or sealed off,

7.

examine whether and to what extent an accident, illness or claim is due to be attributed to, and to which, the causes of the accident,

8.

to require the company to be accompanied by the contractor or a person appointed by him.

The trader shall tolerate the measures provided for in the first sentence of 1 and 3 to 7. In order to prevent urgent risks, the measures referred to in the first sentence may also be taken in living quarters and at any time of day and night. The fundamental right of inviolability of the apartment (Article 13 of the Basic Law) is restricted to this extent. The owners and owners of the land on which the trader is active shall be allowed to enter the land. (3) The contractor shall assist the supervisors in so far as this is necessary for the performance of their duties. Information on questions which the entrepre himself or any of his relatives referred to in Article 383 (1) (1) to (3) of the Code of Civil Procedure would expose to the risk of prosecution for a criminal offence or administrative offence may be required. shall be refused. Unofficial table of contents

Section 20 Cooperation with third parties

(1) The accident insurance institutions and the authorities responsible for occupational safety and health have the effect of advising and supervising the undertakings on the basis of a joint advisory and surveillance strategy pursuant to Article 20a (2) (4) of the Labour protection law closely together and ensure the exchange of experience. The Common Consultative and Monitoring Strategy shall include the voting of general principles on methodological approach

1.

the advising and monitoring of farms,

2.

the definition of substantive advisory and monitoring priorities, coordinated or joint priority actions and work programmes; and

3.

the promotion of data and other exchange of information, in particular on visits to works and their essential results.

(2) In order to promote the cooperation referred to in paragraph 1, the area of one or more countries shall be a common national body in the case of an accident insurance institution or a national association established in the respective local area of competence. set up. The German Statutory Accident Insurance e. V. coordinates the organizational and procedural requirements for the education, the mandation and the activities of the common country-related bodies. The common national body shall have the task of concluding agreements with the authorities responsible for the protection of employment with effect on the accident insurance institutions which it represents.

1.

the measures necessary for the implementation of the common advisory and surveillance strategy,

2.

joint work programmes, in particular for the implementation of the key points within the meaning of Section 20a (2) (2) of the German Labour Protection Act (Arbeitsschutzgesetz)

, and to evaluate their achievement with the identification numbers determined by the National Labour Protection Conference in accordance with Section 20a (2) (3) of the German Labour Protection Act (Arbeitsschutzgesetz). The Agricultural Trade Association participates in the activities of the common national body. (3) The cooperation is governed by general administrative provisions which require the approval of the Bundesrat.

1.

the accident insurance institution with the works councils or staff councils,

2.

the accident insurance institutions, including the common national bodies referred to in paragraph 2, with the national authorities responsible for the protection of employment;

3.

the accident insurance institutions with the authorities responsible for mountain supervision.

The Federal Ministry of Labour and Social Affairs, in agreement with the Federal Ministry of the Interior, the administrative provisions set out in the first sentence of the first sentence of the first sentence of the first sentence of the first sentence, shall be adopted by the Federal Government. The administrative provisions referred to in the first sentence of the first sentence shall be adopted only if, within a reasonable period set by the Federal Ministry of Labour and Social Affairs, an agreement is not concluded for each country in accordance with the third sentence of paragraph 2, or if: insufficient agreement has not been changed. Unofficial table of contents

§ 21 Responsibility of the entrepre, participation of the insured

(1) The contractor is responsible for the implementation of measures to prevent accidents at work and occupational diseases, the prevention of work-related health hazards, and effective first aid. (2) In the case of non-school-holder undertakings, the institution responsible for the implementation of the measures referred to in paragraph 1 shall also be responsible for the performance of the school host. The school host is obliged, in consultation with the accident insurance institution responsible for the insured persons in accordance with § 2 (1) (8) (b), to regulate the implementation of the measures referred to in paragraph 1 in the inner school sector. (3) The insured persons shall, in accordance with their possibilities, support all measures to prevent accidents at work, occupational diseases and occupational health hazards, as well as for effective first aid, and the appropriate instructions. of the entrepre. Unofficial table of contents

Section 22 Security officers

(1) In enterprises with more than 20 employees regularly, the entreprenter has, with the participation of the works council or staff council, safety officers, taking into account the accident and accident in the company for the employees. Health hazards and the number of employees to order. As employees, the persons insured pursuant to § 2 para. 1 no. 2, 8 and 12 also apply. In companies with special risks to life and health, the accident insurance institution may order the safety officer to be ordered even if the minimum number of persons employed in accordance with the first sentence is not reached. For companies with low risks to life and health, the accident insurance institution can increase the number 20 in its accident prevention provision. (2) The safety officers have the employer in the implementation of the measures to be taken into account. to support the prevention of accidents at work and occupational diseases, in particular by convincing themselves of the existence and proper use of the prescribed protective equipment and personal protective equipment, and in the event of accidents and accidents; and To draw attention to health risks for the insured persons. (3) Security officers shall not be penalised because of the performance of the tasks assigned to them. Unofficial table of contents

Section 23 Training and training

(1) The accident insurance institutions shall provide for the necessary training and further training of the persons in the undertakings concerned with the implementation of the measures to prevent accidents at work, occupational diseases and work-related diseases. Health hazards and the first aid are entrusted. For occupational physicians, safety engineers and other occupational safety specialists, which are to be mandatory under the law, the accident insurance institutions can be compulsory for occupational health workers and occupational safety specialists who are not members of the company. carry out the appropriate measures. The Accident Insurance Institutions have to hold entrepreneurs and insured persons to participate in initial and continuing training courses. (2) The accident insurance institutions have the direct costs of their training and further training measures as well as the necessary Driving, catering and accommodation costs. In the case of initial and further training measures for first responders, which are carried out by third parties, the accident insurance institutions only have to pay the course fees. (3) For the working time, which has failed because of the participation in a course, there is a (4) The national authorities responsible for occupational safety and health are to be involved in the training of safety officers and occupational health and safety officers. Unofficial table of contents

Section 24 Overcompany occupational health and safety service

(1) Accident Insurance Institutions can set up inoperative occupational health and safety services; the statutes shall be determined in accordance with the provisions of the Statute. The data stored by the services may only be transmitted to the accident insurance institutions with the consent of the person concerned; § 203 shall remain unaffected. The services are to be separated from the other organizational units of the accident insurance institutions in terms of organization, space and personnel. Access to the data may only be provided by employees of the services. (2) In the articles of association referred to in paragraph 1, it may also be determined that the entrepreneurs are obliged to take part in an in-company occupational health and safety service if they do not, within a reasonable period of time set by the accident insurance institution, order either or not to a sufficient extent occupational physicians and occupational safety specialists. Entrepreneurs must be exempted from the obligation to pay if they can prove that they have fulfilled their obligation under the law on occupational physicians, safety engineers and other occupational safety and health professionals. Unofficial table of contents

Section 25 Report to the Bundestag

(1) The Federal Government has annually submitted to the German Bundestag and the Federal Council a statistical report on the state of health and safety at work and on the accident, until 31 December of the year following the reference year. and occupational diseases in the Federal Republic of Germany, which summed up the reports of the accident insurance institutions and the annual reports of the national authorities responsible for occupational safety and health. Every four years, the report provides a comprehensive overview of the development of accidents at work and occupational diseases, their costs and the safety and health measures at work. (2) The accident insurance institutions have Federal Ministry of Labour and Social Affairs annually until 31 July of the year following the reporting year on the implementation of safety and health measures at work and on the accident and occupational diseases report. National direct insurance institutions submit the reports on the top administrative authorities of the countries responsible for them.

Third chapter
Benefits after the occurrence of an insurance case

First section
Healing treatment, benefits for participation in working life, benefits for participation in life in the community and supplementary benefits, care, cash benefits

First subsection
Claim and performance types

Unofficial table of contents

§ 26 Principle

(1) In accordance with the following provisions and in accordance with the ninth book, insured persons shall be entitled to medical treatment, including medical rehabilitation services, to benefits for participation in the working life and to the life in the Community, on supplementary benefits, on benefits in need of care, and on cash benefits. You may be entitled to a personal budget pursuant to § 17 (2) to (4) of the Ninth Book in conjunction with the Budget Regulation and § 159 of the Ninth Book; this shall apply in the context of the claim to Medical treatment only for medical rehabilitation services. (2) The accident insurance institution has the right to use all appropriate means as early as possible.

1.

eliminate or improve the health damage caused by the insurance case, prevent its aggravation and mitigate its consequences,

2.

ensure that insured persons have a place in their working lives corresponding to their inclinations and abilities,

3.

to provide assistance in order to meet the requirements of daily life and to participate in life in the Community, as well as to guide life as independent as possible, taking into account the nature and seriousness of the health damage;

4.

to provide complementary services for the treatment of and participation in the working life and in life in the Community,

5.

To provide services in the case of need for care.

(3) The treatment and rehabilitation services shall take precedence over pension benefits. (4) The quality and effectiveness of treatment and participation benefits shall be in accordance with the generally accepted level of medical knowledge. and to take account of medical progress. They are provided as a service and in kind, insofar as this or the ninth book does not provide for any deviations. (5) The accident insurance institutions determine in individual cases the nature, scope and implementation of the treatment and the benefits the participation and the institutions providing these services at the discretion of the person concerned. In doing so, they also examine which services are suitable and reasonable to avoid, overcome, diminish or prevent the worsening of care needs.

Second subsection
Healing Treatment

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§ 27 Scope of treatment

(1) The medicinal treatment shall include in particular:

1.

initial supply,

2.

medical treatment,

3.

dental treatment, including the provision of dentures,

4.

Supply with medical, association, heating and auxiliary equipment,

5.

home nursing,

6.

Treatment in hospitals and rehabilitation centres,

7.

Medical rehabilitation services according to § 26 para. 2 Nr 1 and 3 to 7 and paragraph 3 of the Ninth book.

(2) In the cases of Section 8 (3), a damaged or lost aid shall be restored or renewed. (3) In the course of a deprivation of liberty ordered by law, healing treatment shall be provided to the extent that the interests of the execution of the law of the law do not stand in opposition. Unofficial table of contents

§ 28 Medical and dental treatment

(1) Medical and dental treatment shall be provided by physicians or dentists. If the assistance of other persons is necessary, they may only be provided if they are ordered by the doctor or dentist and are responsible for them. (2) The medical treatment includes the activities of the doctors, who are in accordance with the rules of the medical profession. (3) The dental treatment includes the activity of dentists, which is necessary and appropriate in accordance with the rules of dental art. (4) In the case of insurance cases for which the nature or gravity of the dentist's work is Special emergency medical treatment is provided, it is provided. The free choice of doctor can be restricted to this extent. Unofficial table of contents

§ 29 Medicine and association means

(1) Medicinal and association means are all medically prescribed means necessary for medical and dental treatment. If the aim of the treatment is to be reached by means of medical and association means for which fixed amounts are fixed within the meaning of § 35 or § 35a of the Fifth Book, the accident insurance institution shall bear the costs up to the amount of these amounts. If in these cases the physician prescries a medical or association agent whose price exceeds the fixed amount, the doctor has to draw the attention of the insured to the assumption of the additional costs resulting from his regulation. (2) The discount regulations of § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 130 and 130a of the fifth book shall apply accordingly. Unofficial table of contents

§ 30 remedies

Remedies are all medically prescribed services, which serve a therapeutic purpose or ensure a success of the healing process and can only be provided by appropriately trained persons. This includes, in particular, measures of physical therapy as well as language and employment therapy. Unofficial table of contents

§ 31 Aids

(1) Tools are all medically prescribed things that ensure the success of the healing treatment or mitigate or compensate for the consequences of health damage. These include, in particular, body replacement parts, orthopaedic and other aids, including the necessary modification, repair and replacement, as well as the training in use of the aids. Insofar as fixed amounts are fixed for aid in the sense of § 36 of the Fifth Book, § 29 (1) sentences 2 and 3 shall apply. (2) The Federal Government shall be authorized, with the consent of the Federal Council, to provide the equipment with the consent of the Federal Council. To regulate body replacement parts, orthopaedic and other aids and to prescribe compensation for clothes and clotheswear for certain health damage. The following rules apply to the associations of the accident insurance institutions by means of common guidelines. Unofficial table of contents

§ 32 Häusliche Krankenpflege

(1) In their household or family, insured persons receive, in addition to the medical treatment, domestic nursing care by appropriate caregivers, if hospital treatment is offered, but cannot be carried out or if they are provided by the domestic Care should be taken to avoid or shorten the treatment of nursing care and to avoid endangling the aim of the treatment. (2) Home nursing includes the basic and treatment care required in individual cases on the basis of a medical prescription, and (3) A claim to home nursing care only exists where it is of a person living in the household of the insured person is not to be considered to provide nursing. If a nursing power cannot be provided or there is reason to refrain from a position, the costs for a self-procured carer must be reimbursed at an appropriate level. (4) The details of the associations of the accident insurance institutions shall be regulated by common guidelines. Unofficial table of contents

Section 33 Treatment in hospitals and rehabilitation centres

(1) Stationary treatment in a hospital or in a rehabilitation facility is provided when the intake is required, because the treatment objective cannot be achieved in a different way. It is provided in full or in part-time. In the context of the hospital's supply contract or the rehabilitation facility, it shall include all the services necessary in individual cases for medical care for the insured persons, in particular medical treatment, nursing, Provision of medical, association, medical and medical assistance, accommodation and catering. (2) Hospitals and rehabilitation centres within the meaning of paragraph 1 are the institutions according to § 107 of the Fifth Book. (3) In the event of damage to health, for which reason: of their type or seriousness, special inpatient treatment , the Commission shall be provided in special facilities. Unofficial table of contents

§ 34 Implementation of the healing treatment

(1) The accident insurance institutions shall take all measures to treat and, where necessary, special accident medical or medical treatment as early as possible after the insurance case, or Occupational disease treatment is guaranteed. For this purpose, they may lay down the conditions to be fulfilled by the doctors and hospitals with regard to the professional competence, the material and personnel equipment as well as the obligations to be accepted. In addition to the nature and seriousness of the health damage, they may provide for special procedures for the treatment of medicinal products. (2) The accident insurance institutions shall have the doctors and hospitals involved in the implementation of the special accident-related medical treatment. (3) The associations of the German Accident Insurance Institutions and the Federal Association of Sickness Insurance Funds (Bundesvereinigung) and the Federal Association of Statesmen of Sickness Insurance (Bundesfederations) (Federal Association of Sickness Insurance) shall close, taking into account the Accident insurance institutions pursuant to the second and third sentences of paragraph 1, with effect for their members, contracts for the implementation of the treatment, the remuneration of doctors and dentists and the manner in which they are settled. The Federal Commissioner for Data Protection shall be given the opportunity to comment in good time before the end of the contract, provided that the contracts are to be used to regulate the collection, processing or use of personal data. (4) The health insurance company Federations have the responsibility of the accident insurance institutions and their associations to ensure that the implementation of the medical treatment complies with the legal and contractual requirements. (5) If a contract is provided for in paragraph 3 is not possible in whole or in part, a sliding office with the majority its members determine the content of the contract within a period of three months. If a contract is terminated, this shall be notified in writing to the competent arbiter. If a new contract is not concluded by the end of a contract, a sliding office, with the majority of its members, shall determine the new content within three months of the expiry of the contract. In this case, the provisions of the previous contract shall continue to apply until the end of the decision. (6) The associations of the Federal Accident Insurance Institutions and the Federal Association of Sickness Insurance Institutions shall each form a respective arbitration board for the medical and dental care. The Schiedsamt consists of three representatives of the Federal Association of Accident Insurance Institutions and three representatives of the associations of the Accident Insurance Institutions as well as an impartial chairperson and two other non-partisan members. Section 89 (3) of the Fifth Book as well as the legal regulations issued pursuant to Section 89 (6) of the Fifth Book shall apply accordingly. (7) The supervision of the management of the arbitration offices pursuant to paragraph 6 shall be carried out by the Federal Ministry of Labour and Social. (8) Relations between the accident insurance institutions and other bodies other than those referred to in paragraph 3, which carry out treatment or participate in their implementation, shall be governed by contracts. Insofar as the authorities carry out medical rehabilitation services or are involved in their execution, the relationship shall be governed by contracts according to § 21 of the Ninth Book.

Third Subsection
Benefits for participation in working life

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§ 35 Benefits for participation in working life

(1) The accident insurance institutions provide the benefits for participation in working life in accordance with § § 33 to 38a of the ninth book and in workshops for disabled persons in accordance with § § 40 and 41 of the ninth book, to the extent that in the following paragraphs (2) Benefits for participation in working life also include support for adequate schooling, including preparation for this or the development of mental and physical abilities before the start of the Compulsory education. (3) Is a higher-quality activity aimed at by insured persons of their capacity and taking into account their suitability, inclination and previous activity, a measure to participate in the working life may be promoted up to the level of the expenditure, which shall be taken into account in the case of an appropriate action (4) During a deprivation of liberty arranged under a law, benefits are provided for participation in the working life, insofar as the interests of the execution do not stand in the way of the person concerned. Unofficial table of contents

§ § 36 to 38 (omitted)

Fourth subsection
Benefits for participation in Community life and supplementary benefits

Unofficial table of contents

Section 39 Benefits for participation in life in the Community and supplementary benefits

(1) In addition to the benefits referred to in § 44 (1) No. 2 to 6 and (2) and in § § 53 and 54 of the Ninth book, the benefits for participation in life in the Community and the supplementary benefits shall include:

1.

Motor vehicle assistance,

2.

Other services to achieve and to ensure the success of medical rehabilitation and participation.

(2) Special assistance may be given to insured persons or their relatives in order to compensate for special hardships. Unofficial table of contents

§ 40 Motor vehicle assistance

(1) Vehicle assistance shall be provided if the insured persons are not only temporarily dependent on the use of a motor vehicle in order to participate in the working life or in life in the Community as a result of the nature or seriousness of the health damage. (2) The motor vehicle assistance includes services for the procurement of a motor vehicle, supplementary equipment for a disabled person and obtaining a driver's licence. (3) The Regulation shall apply to the assistance of motor vehicles. Motor vehicle assistance for vocational rehabilitation of 28 September 1987 (BGBl. 2251), as amended by Regulation of 30 September 1991 (BGBl I). I p. 1950), as amended in each case. (4) In order to avoid an economic emergency, the accident insurance institution may also pay a subsidy to the aid of the accident insurance institution. (5) The details of the associations of the accident insurance institutions by means of common guidelines are laid down in the following paragraphs. Unofficial table of contents

Section 41 Housing aid

(1) Housing assistance shall be provided if, as a result of the nature or seriousness of the health damage, it is not only temporarily necessary to adapt the housing for the disabled or the provision of suitable accommodation for the disabled. (2) Housing aid shall be provided for: (3) Housing aid also includes removal costs and costs of providing housing for a caring force. (4) The rules governing the provision of housing assistance shall be provided for in the following: Accident insurance institutions through common guidelines. Unofficial table of contents

Section 42 Budgetary assistance and childcare costs

Household assistance and childcare services according to § 54 (1) to (3) of the Ninth Book are also provided in the case of benefits for participation in life in the Community. Unofficial table of contents

§ 43 Travel Costs

(1) The travel expenses required in connection with the execution of services for medical rehabilitation or for participation in working life shall be taken over in accordance with § 53 of the Ninth book. In addition, travel expenses for the treatment of the treatment referred to in paragraphs 2 to 5 shall be borne. (2) Travel expenses shall include:

1.

travel and transport costs,

2.

catering and accommodation costs,

3.

the cost of baggage transport,

4.

Distance compensation

for the insured person and for an accompanying person required for the health damage. (3) Travel expenses shall normally be charged for two family home trips a month or instead of family home trips for two journeys by a family member. (4) The employment of an accompanying person shall be replaced if the replacement is in a reasonable proportion to the costs otherwise incurred by a carer. (5) The details of the associations shall be replaced by the following: of the accident insurance institutions by means of common guidelines.

Fifth Subsection
Benefits in the case of need for care

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§ 44 Care

(1) As long as insured persons are so helpless as a result of the insurance, that they require substantial assistance for the ordinary and regular recurrent directions in the course of daily life, care allowance is paid, a (2) The care allowance shall be between EUR 300 and EUR 1 199 (amounts on 1 July), taking into account the nature or seriousness of the health damage and the extent of the assistance required. 2008). These amounts shall be adjusted at the same time as the pensions of the statutory pension scheme are adjusted in accordance with the factor determining the adjustment of the cash benefits dependent on the annual work earnings. If the expenses for a carer exceed the care allowance, it can be increased appropriately. (3) During a stationary treatment or the accommodation of the insured persons in an establishment of participation in the working life or a workshop for Persons with disabilities shall continue to receive the care allowance until the end of the first month following the first month of the month of release and shall be resumed with the first day of the month of release. The care allowance may be paid in whole or in part in the cases of the first sentence if the rest would jeopardise a further supply of the insured person. (4) With the adjustment of pensions, the care allowance shall be adjusted according to the factor which: for the adjustment of the cash benefits dependent on the annual earnings service. (5) At the request of the insured person, instead of the nursing allowance, a care force can be provided (home care) or the necessary assistance with accommodation and catering in of a suitable facility (home care). (6) The Federal Government, with the consent of the Federal Council, shall set the new minimum and maximum amounts referred to in paragraph 2 and the adjustment factor referred to in paragraph 4 in the Regulation on the determination of the amount of the Pension adjustment fixed in the statutory pension insurance scheme current pension value.

Sixth subsection
Cash benefits during medical treatment and benefits for participation in working life

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§ 45 Conditions for the injury-money

(1) Injury-benefit is provided when insured persons

1.

are incapaciated as a result of the insurance case, or are unable to pursue a full-day activity due to a treatment or treatment; and

2.

right before the onset of incapacity for work or treatment, entitlement to pay, work income, sickness benefit, care support allowance, injury money, health care allowance, transitional allowance, maintenance allowance, short-time work allowance, Unemployment benefit, not only unemployment benefit II granted, or not only benefits for first-time equipment for clothing during pregnancy and childbits after the second book or maternity allowance.

(2) injury-money shall also be provided if:

1.

services are required to participate in working life,

2.

these measures are not directly connected to the treatment for reasons which the insured persons have not to represent,

3.

the insured persons cannot resume their previous professional activity or cannot be given another reasonable activity or they cannot exercise them for important reasons; and

4.

the conditions set out in paragraph 1 (2) are met.

The infringed will be provided until the beginning of the work to participate in the working life. The rates 1 and 2 apply accordingly for the period up to the beginning and during the implementation of a measure of the vocational training and work experience. (3) In a facility, measures of healing treatment and at the same time services for participation in the Working life for insured persons, insured persons receive injury compensation if they are unable to work or because of the measures they are unable to work full-time work and the conditions set out in paragraph 1 (2) are met. (4) In the case of the supervision, care or care of a person by an insurance case the injured child shall apply in accordance with Section 45 of the Fifth Book, with the proviso that:

1.

the infringed allowance is 100 per cent of the net loss of the net work which has failed; and

2.

the remuneration up to an amount equivalent to the 450. Part of the maximum annual work service must be taken into account.

If the calculation of the injury-related income is calculated from work income, this amounts to 80 percent of the regular working income achieved up to an amount equal to the 450. Part of the maximum annual work earnings. Unofficial table of contents

Section 46 Start and end of the injury

(1) Injury-benefit shall be paid from the day on which the incapacity for work is diagnosed, or on the date of the commencement of a medical treatment which prevents the insured person from carrying out a full-day activity. (2) Articles of association may stipulate that for entrepreneurs, their spouses or their partners, and for the entrepreneurs pursuant to § 6 (1) (2), equal injury allowances for the period of the first 13 weeks following the date referred to in paragraph 1 shall be determined at the latest is not paid in whole or in part. Sentence 1 shall not apply to insured persons who are insured with a health insurance fund with entitlement to sickness benefit. (3) The injury-benefit ends

1.

with the last day of incapacity for work or the suspension of a full-day activity by a medical treatment measure,

2.

with the day preceding the day on which a claim for transitional allowance is made.

If the re-entry of the working capacity is not to be expected and benefits for participation in the working life are not to be provided, the injury-benefit ends

1.

with the date on which the treatment has been completed to the extent that the insured persons are able to take up a reasonable, available professional or professional activity,

2.

at the beginning of the benefits referred to in Article 50 (1), first sentence, of the Fifth Book, unless those benefits are related to the insurance case,

3.

in addition, with the expiry of the 78. Week, calculated from the date of onset of incapacity for work, but not before the end of the inpatient treatment.

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§ 47 Height of the injury

(1) insured persons who have received remuneration or income received receive injury in accordance with Section 47 (1) and (2) of the Fifth Book, with the proviso that:

1.

calculate the regular fee from the total amount of the regular earnings and the work income and up to an amount equal to the 360. to take account of part of the maximum annual employment service,

2.

the infringed allowance shall be 80 per cent of the standard charge and shall not exceed the net remuneration calculated in the application of Article 47 (1) and (2) of the Fifth Book.

Labour income is in the determination of the regular salary with the 360. To base part of the labour income obtained in the calendar year before the start of the incapacity for work or the measures taken in the treatment of the treatment. In the case of non-continuous processing and remuneration, the Articles of Association shall provide for derogations to the payment and calculation of the injury payment, which shall ensure that the injury payment fulfils its replacement function. (1a) Claims for infringed money, which arose before 1 January 2001, shall be subject to Article 47 (1) and (2) of the Fifth Book, as amended before 22 June 2000, for periods after 31 December 1996, in accordance with the conditions laid down in that Article the standard rate is 10 per cent, but not more than an amount equal to the amount of the Three hundred and sixtieth part of the maximum annual work service. The regular net remuneration is to be increased by the same percentage rate. Sentence 1 and 2 shall apply to claims which had already been decided before 22 June 2000, only in the period from 22 June 2000 until the end of the period of service. Decisions concerning the claims which have become indisputable before 22 June 2000 are not to be taken back in accordance with § 44 (1) of the Tenth Book. (2) Insured persons who have received unemployment benefit, maintenance allowance or short-time allowance receive Allowance in the amount of the sickness allowance according to § 47b of the Fifth Book. Insured persons who have received not only unemployment benefit II granted in the form of a loan or not only benefits in respect of first-time equipment for clothing during pregnancy and childbunth in accordance with the Second Book, receive injury-benefit in the amount of the amount of the Unemployment benefit II. (3) insured persons who have received maintenance benefits under Section 4 (1) (1) of the Development Helpers Act shall receive injury-benefit in the amount of this amount. (4) For insured persons who are immediately before the Insurance case sickness benefit, care support allowance, injury money, (5) By way of derogation from the provisions of paragraph 1, insured persons who have received the insurance cover as a result of an insurance scheme shall be deemed to have received a pension fund or a transitional allowance. In the event of an activity as an entreponent, assisting spouses or life partners or the entrepreneurs in accordance with § 6 para. 1 no. 2 Equal Employees have suffered injury-benefit per calendar day at the level of the 450. Part of annual work earnings. If the infringed allowance is to be paid for a full calendar month, it must be set at 30 days. (6) If the insurance case has occurred during a deprivation of liberty due to a law, the calculation shall apply to the In accordance with the provisions of paragraph 1, the insured person shall receive the insured person's injury in the amount of the 450 each calendar day. Part of the annual earnings earnings if this is more favourable to the insured. (7) (omitted) (8) The regulation of § 90 (1) and (3) on the redetermination of the annual work earnings after the expected termination of a school or school year Vocational training or, in the case of occupational or age groups, shall apply in accordance with the injury allowance. Unofficial table of contents

§ 48 Violation of injury in the case of reillness

In the case of recurrency of the consequences of the insurance case, § § 45 to 47 shall apply with the proviso that instead of the point of time of the first incapacity for work on the one of the recurrency of the disease, the person shall be replaced. Unofficial table of contents

Section 49 Transitional allowance

Transitional allowance is provided when insured persons receive benefits for participation in the working life as a result of the insurance. Unofficial table of contents

§ 50 Amount and calculation of the transitional period

The amount and calculation of the transitional allowance shall be determined in accordance with § § 46 to 51 of the ninth book, insofar as this book does not determine anything deviating; otherwise, the provisions relating to the injury benefit shall apply accordingly. Unofficial table of contents

Section 51

(dropped) Unofficial table of contents

Section 52 Invoice of income on injured and transitional allowances

The income and transitional allowance shall be deducted from the income received at the same time

1.

Contributor pay or labour income, which is reduced by 20 per cent in the case of employees for statutory deductions and for other insured persons; this does not apply to pay once paid,

2.

Maternity allowance, health care allowance, maintenance allowance, short-time allowance, unemployment benefit, not only unemployment benefit II granted; this also applies if claims for benefits under the third book rest on account of a blocking period, or Unemployment benefit II according to § 31 of the second book has been lowered.

Seventh-Subsection
Special provisions for the insured persons in the maritime transport sector

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§ 53 Priority of medical care by the shipowners

(1) The right of insured persons in the maritime journey shall be based on benefits under this section, insofar as and as long as the shipowners fulfil their obligation to provide medical care in accordance with the Maritime Labour Act. If the shipowners do not comply with the obligation, the accident insurance institution may require the shipowners to reimburse the amount of the services they provide. (2) If the shipowners are obliged to provide medical care, they shall have the right to to continue medical care at the expense of the accident insurance institution in respect of the consequences of the insurance case, in so far as it is responsible for this.

Eighth Subsection
Special provisions for the insured persons of the agricultural accident insurance

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Section 54 Operating and budgetary aid

(1) Assistance for farmers shall be granted to farmers with a company within the meaning of Article 1 (2) of the Act on the Pensions of Farmers during a stationary treatment if, on the basis of this treatment, they are to continue to It is not possible for the company to be employed and employees working with the family are not constantly being employed in the company. Operational assistance is provided for at least three months. (2) Household aid is granted to agricultural entrepreneurs with a company within the meaning of Section 1 (2) of the Law on the Pensions of the Farmers, their employees in the company Spouse or co-working life partner during inpatient treatment, if the entrepreneurs, their spouses or partners do not allow the continuation of the household because of this treatment, and they do not otherwise shall be ensured. The second sentence of paragraph 1 shall apply. (3) The statutes may determine:

1.

that the aid is also provided to the assisting spouses or life partners of an agricultural trader,

2.

under which conditions and for how long operational and budgetary support is provided to agricultural entrepreneurs and their spouses or life partners, even during non-stationary treatment,

3.

the conditions under which operating and budgetary aid also apply to farmers whose undertakings do not meet the conditions laid down in Article 1 (5) of the Act on the Pensions of Farmers and their spouses, or to be provided to life partners,

4.

that operational and budgetary aid is also provided when employees or family members working in the enterprise are constantly employed,

5.

the conditions under which the operational and budgetary aid will be provided for more than three months,

6.

from which day of treatment is provided to the operational or domestic assistance.

(4) Benefits referred to in paragraphs 1 to 3 shall be effective and economic; they shall not exceed the level of the necessary. Benefits which do not fulfil these conditions cannot be claimed and may not be granted by the agricultural trade association. (5) (omitted) Unofficial table of contents

Section 55 Type and form of operational and budgetary assistance

(1) In the event of the conditions of § 54, operating and domestic assistance shall be granted in the form of a replacement or reimbursement of the costs of a self-procured non-operating substitute in an appropriate amount. The Articles of Association may limit the reimbursement capacity of the costs of self-procured replacement forces. For relatives and those who have not been subject to a second degree, costs will not be reimbursed; however, the professional association may reimburse the necessary driving costs and the loss of earnings if the refund is proportionate to the otherwise (2) The insured persons shall be adequately involved in the expenses incurred for the operation and the budgetary assistance (self-participation); the self-participation shall be for each day of the Benefit granted at least 10 Euro. The statutes shall determine the further details of the self-participation. Unofficial table of contents

§ 55a Other claims, injury-benefit

(1) For regular and agricultural entrepreneurs self-employed persons who are insured under the law, § § 54 and 55 shall apply. (2) insured persons who fulfil the conditions laid down in § 54 (1) to (3) without any benefit pursuant to § 55 in Claim to receive infringed money upon application if this is appropriate in the individual case, taking into account the specificities of agricultural holdings and households. (3) For the amount of the infringed allowance shall apply in the cases referred to in paragraph 2 and in the case of members of the family working in the undertaking, where they are not in accordance with Section 2 (1) no. 1, the provisions of Section 13 (1) of the Second Law on the Health Insurance of Farmers shall be insured accordingly. The Articles of Association shall determine the conditions under which the persons referred to in the first sentence are insured on request with an additional injury. By way of derogation from § 46 (3) sentence 2 No. 3, the infringed allowance shall end before the expiry of the 78. Week with the day on which it is to be seen that the re-entry of the working ability is not to be expected and benefits for participation in the working life are not to be provided, but not before the end of the stationary treatment.

Second section
Pensions, subsidies, severance payments

First subsection
Pensions to insured persons

Unofficial table of contents

Section 56 Conditions and the amount of the pension entitlement

(1) insured persons whose capacity to work as a result of an insurance policy is over the 26. A week after the insurance case is reduced by at least 20 from the hundred, are entitled to a pension. If the earning capacity is reduced as a result of several insurance cases and the percentages are at least 20, there is a right to a pension for everyone, including in the case of a previous insurance case. The consequences of an insurance case shall only be taken into account if they reduce the earning capacity by at least 10 of the hundred. The insurance cases are the same as accidents or compensation cases according to the civil service laws, the Federal Supply Act, the SoldatenSupply Act, the Civil Service Replacement Act, the Act on the Remuneration of Occupation Damage, the prisoner assistance act and the corresponding laws, which grant compensation for accidents or damages. (2) The reduction of the earning capacity depends on the extent of the impairment of the physical and mental Performance-related reduced job opportunities on the the whole area of working life. In the case of juvenile insured persons, the reduction in earning capacity shall be measured according to the effects which would result in adults with the same health damage. The assessment of the reduction in earning capacity shall take account of the disadvantages suffered by insured persons by virtue of the fact that they no longer have specific professional knowledge and experience acquired by them as a result of the insurance case. (3) In the event of a loss of earning capacity, a full pension shall be made; it shall be equal to two or more of the following: Third of annual work earnings. In the event of a reduction in the earning capacity, a partial pension shall be made; it shall be fixed at the level of the percentage of the full pension equal to the degree of reduction in the working capacity. Unofficial table of contents

Section 57 Increase of the pension for seriously injured persons

May insured persons with entitlement to a pension after a reduction in the earning capacity of 50 of the hundred or more or to several pensions, the percentages of which together reach at least 50 (seriously injured), as a result of the Insurance in case of an employment no longer follow and they are not entitled to a pension from the statutory pension insurance, the pension is increased by 10 of the hundred. Unofficial table of contents

Section 58 Increase of the pension in the event of unemployment

As long as insured persons are without entitlement to pay or work income as a result of the insurance, and the pension together with the unemployment benefit or the unemployment benefit II are not the result of § 46 (1) of the Ninth book If the amount of the transitional allowance is reached, the pension shall be increased by the difference at the latest for two years after the date of commencement of the pension. The difference shall not be considered as income in the case of unemployment benefit II. Sentence 1 shall not apply as long as insured persons have the right to further employment income (Article 18a (3) of the Fourth Book), which, together with the pension, reaches the transitional allowance. If unemployment benefit II is granted only in the manner of a loan, or if the insured person only receives benefits under § 24 (3) sentence 1 of the second book, the sentences 1 and 2 shall not apply. Unofficial table of contents

§ 59 Maximum amount for several pensions

(1) In the case of insured persons several pensions, they shall not exceed two-thirds of the highest of the annual work services on which these pensions are based, without the increase in the number of persons seriously injured. In so far as pensions exceed the maximum amount, they shall be reduced proportionately. (2) If insured persons have received a pension, the maximum amount referred to in paragraph 1 shall be determined by taking into account the pension based on the severance payment in the manner which would still be payable without the severance payment. Unofficial table of contents

§ 60 Reduction in home care

For the duration of a home care period of more than one calendar month, the accident insurance institution may reduce the pension by a maximum of one half, to the extent that this is appropriate in accordance with the personal needs and conditions of the insured persons. Unofficial table of contents

Section 61 Pensions for civil servants and professional soldiers

(1) The pensions of officials calculated in accordance with Article 82 (4) shall be paid only in so far as they exceed the remuneration of the service or pensions; however, the pension shall remain at least equal to the amount of the pension awarded in the event of the existence of a pension. In the event of an accident, the accident should be granted. If the service is terminated due to invalidity as a result of the insurance case, the full pension shall be paid in so far as it, together with the pension benefits from the service relationship, shall pay the pensions to which the official is entitled in the presence of a The service accident would not be more than a claim. The level of these pensions shall be determined by the service authority. For the survivors, this shall apply. (2) Paragraph 1 shall apply mutatily to the professional soldiers. Instead of the accident compensation, the compensation is paid in accordance with § 85 of the SoldatenSupply Act. Unofficial table of contents

§ 62 Pension as interim compensation

(1) During the first three years following the insurance case, the accident insurance institution shall fix the pension as a temporary compensation if the extent of the reduction in the earning capacity cannot yet be determined in conclusion. Within this period, the percentage of the reduction in the ability to work can be reestablished at any time without regard to the duration of the change. (2) By the end of three years at the latest, the provisional application shall be made up to the following: Compensation as a pension for an indefinite period of time. In the case of the initial determination of the pension after the provisional compensation, the percentage of the reduction in the earning capacity may be determined by way of derogation from the provisional compensation, even if the situation does not change. .

Second subsection
Survivors ' benefits

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§ 63 Benefits at Death

(1) Survivors shall be entitled to

1.

Death money,

2.

Reimbursement of the costs of the transfer to the place of burial,

3.

Survivors ' pensions,

4.

Aid.

The right to benefits under the first sentence of 1 to 3 shall consist only if the death has occurred as a result of an insurance case. (1a) The provisions of this subsection relating to survivors ' benefits to widows and widows shall also apply to: Survivors ' benefits to life partners. (2) Death as a result of an insurance case is the same as the death of insured persons whose earning capacity is due to the consequences of an occupational disease according to points 4101 to 4104 of Appendix 1 of the Occupational diseases-Ordinary of 20 June 1968 (BGBl. 721), as amended by the Second Regulation amending the Occupational Diseases regulation of 18 December 1992 (BGBl. 2343) was reduced by 50 per hundred or more. This does not apply if it is clear that death is not related to the occupational disease; an autopsy for the purpose of such a determination must not be required. (3) If an insured person has been killed, the person concerned may not be required to do so. (4) If insured persons have disappeared in connection with the insured activity, they shall be deemed to have been construed as a result of the following: of an insurance case, if the circumstances are likely to cause death and news about their lives has not been received for a year. The Accident Insurance Institution may ask the survivors to take out insurance in lieu of the fact that they are not aware of any other news about the disappearances. The Accident Insurance Institution shall be entitled to determine for the benefits the presumed death day after the circumstances. In the case of insured persons in the maritime sector, the day following the expiry of the hatred shall be fixed at the latest as the date of death. Unofficial table of contents

Section 64 Death money and reimbursement of transfer costs

(1) Widows, widows, children, stepchildren, foster children, grandchildren, siblings, former spouses and relatives of the ascending line of the insured shall receive death grants at the level of a seventh of the reference value in force at the time of death. (2) Cost of the insured person's Transfer to the place of the burial shall be reimbursed if the death did not occur at the place of the permanent family apartment of the insured persons and where the insured persons have been held there for reasons connected with the insured person's work or the consequences of the insurance case. (3) The death allowance and the Transfer costs shall be paid to those beneficiaries who bear the reimbursement and transfer costs. (4) If a claimant is not present in accordance with paragraph 1, the funeral expenses shall be paid up to the amount of the death fee referred to in paragraph 1. to those who bear those costs. Unofficial table of contents

§ 65 Witwen and Witwerrente

(1) Widows or widows of insured persons will receive a widower's or widower's pension as long as they have not been married again. The right to a pension pursuant to paragraph 2 (2) shall be for a maximum of 24 calendar months after the end of the month in which the spouse has died. (2) The pension shall be equal to

1.

two-thirds of the annual employment service until the end of the third calendar month after the end of the month in which the spouse has died,

2.

30 of the hundred of the annual work earnings after the end of the third calendar month;

3.

40 of the hundred of the annual work earnings after the end of the third calendar month;

a)

as long as widows or widows raise an orphaned child or take care of a child who is entitled to an orphan's pension because of physical, mental or mental disabilities, or has no reason to do so, because the 27. Year of age was completed,

b)

if widows or widows the 47. Have completed life or

c)

as long as widows or widows are incapacitated, incapacitated in the sense of the Sixth Book; decisions of the institution of the pension insurance cover on disability, occupational disability or invalidity are for the accident insurance institution binding.

(3) Income (§ § 18a to 18e of the Fourth Book) of widows or widows who meet with a widow's pension or widower's pension pursuant to paragraph 2 (2) and (3) shall be credited to this. The income, which exceeds 26.4 times the current pension value of the statutory pension insurance, is creditable. Non-creditable income increases by 5.7 times the current pension value for each orphaned child of widows or widows. Of the remaining chargeable income thereafter, 40 of the hundred are credited. (4) For the income statement, the following order of precedence is decisive for entitlement to several pensions:

1.

Orphan's pension,

2.

Witwenrente or Witwerrente,

3.

Witwenrente or Witwerrente after the penultimate spouse.

The income attributable to a pension is reduced by the amount which has already resulted in an income statement on a priority pension. (5) Witwenrente or Witwerrente is also paid on request to surviving spouses who return to the pension if the new marriage has been dissolved or declared void and they were entitled to such a pension at the time of the remarriage. In the case of a widow ' s pension or a widow ' s pension after the penultimate spouse, entitlements to widow's pension or widower's pension, to supply, to maintenance or to other pensions shall be credited for the same period after the last spouse, (6) widows or widows shall not be entitled to a claim if the marriage does not take place until after the insurance case has been taken into account. has been closed and death within the first year of this marriage , unless, in the particular circumstances of the individual case, the assumption is not justified that it was the sole or predominant purpose of the marriage to establish a claim for survivor's care. (7) Life partner have no claim if widows or widows, who were married to the insured at the time of death, are entitled to a widower's pension or widower's pension. Unofficial table of contents

§ 66 Widows and widows ' pension to former spouses; several beneficiaries

(1) Earlier spouses of insured persons whose marriage is divorced, annulled or annulled with them shall, upon application, receive a pension in accordance with § 65, if the insured persons have made a reservation during the last year before their death. , or the former spouse is entitled to maintenance in the last economic situation prior to the death of the insured persons; § 65 (2) No. 1 shall not apply. If the maintenance entitlement was based on § 1572, 1573, 1575 or 1576 of the Civil Code, the pension shall be paid as long as the former spouse would have been subject to maintenance without the insurance case. (2) Are several beneficiaries referred to in paragraph 1 of this Article or in accordance with paragraph 1 and section 65, each of them shall receive the part of the pension to be calculated for him pursuant to section 65 (2), which corresponds to the person concerned in proportion to the other persons entitled to the duration of his marriage; subsequently § 65 (3) shall be (3) Pensions referred to in paragraph 1 and section 65 shall be reduced in accordance with paragraph 2 if, in accordance with The pension is to be paid to another former spouse pension. Unofficial table of contents

Section 67 Conditions of the orphan's pension

(1) Children of deceased insured persons shall receive a

1.

half-orphan rents if they still have a parent,

2.

Full orphan rents if they don't have parents anymore.

(2) As children are also considered

1.

Stepchildren and foster children (§ 56 (2) (1) and (2) of the First Book), which were included in the insured's household budget;

2.

Grandchildren and siblings who were included in the insured's household or were overwhelmingly entertained by them.

(3) Half or full orphan's pension shall be paid

1.

up to the completion of the 18. Life Year,

2.

up to the completion of the 27. Year of life, if the orphan

a)

is in school education or vocational training, or

b)

is located in a transitional period of not more than four calendar months, between two stages of training or between a training section and the payment of the legal service or civil service or the payment of a voluntary service. the service referred to in point (c), or

c)

a voluntary social year or a voluntary ecological year as defined by the Youth Voluntary Service Act or a service under the Federal Voluntary Service Act, or

d)

is unable to maintain itself because of physical, mental or mental disabilities.

Training or vocational training within the meaning of the first sentence is only available if the training requires an actual time outlay of more than 20 hours per week. The actual expenditure in time is of no significance for periods in which the training ratio persists despite a disease and can be expected to continue with the training. This also applies to the duration of the protection periods under the Maternity Protection Act. (4) In the cases referred to in paragraph 3 (2) (a), the relevant age limit shall be increased in the event of an interruption or delay in school education or vocational training by the legal military service, civil service or equivalent service by the time of this service, at most by a period corresponding to the duration of the statutory defence service or civil service. The performance of a service within the meaning of paragraph 3 (2) (c) is not an equivalent service within the meaning of the first sentence. (5) The entitlement to an orphan's pension shall not end in the fact that the orphan is accepted as a child. Unofficial table of contents

§ 68 Height of the orphan's pension

(1) The pension shall be

1.

20 of the hundred of the annual work earnings for a half-orphan,

2.

30 of the hundreds of annual work earnings for a full orphan.

(2) Income (§ § 18a to 18e of the Fourth Book) of an orphan aged over 18 years, which meets the orphan's pension, is credited to the orphan's pension. The income, which exceeds 17.6 times the current pension value in the statutory pension insurance, is creditable. Non-eligible income is increased by 5.7 times the current pension value for each orphan's eligible child of the beneficiaries. 40 per cent of the remaining eligible income is credited. (3) In the case of a child, the conditions for a number of orphans from the accident insurance scheme are met, only the highest pension shall be paid and for pensions of the same amount. the one to pay because of the earliest insurance case. Unofficial table of contents

§ 69 Pension to relatives of the ascending line

(1) relatives of the ascending line, who are the head or foster parents of the deceased, who have been substantially entertained by the deceased at the time of death from their earnings or earnings, or who have not received the insurance case would have been given a pension as long as they could have claimed, without the insurance case against the deceased, a claim for maintenance because of the need for maintenance. (2) Are relatives from the ascending line There are different degrees of grades, the more distant the more distant. Parents are the same as parents or foster parents. (3) In case of a parent or a parent couple the conditions for several parents from the accident insurance, only the highest pension is paid and for pensions of the same amount. the one to pay for the earliest insurance case. (4) The pension is

1.

20 of the hundred of the annual employment service for a parent,

2.

30 of the hundreds of annual work earnings for a parent couple.

(5) In the case of recipients of a pension for a parent couple, a spouse, the surviving spouse shall, instead of the pension for one parent, be the parent's pension for the month of death for a parent couple for the following three calendar months continued. Unofficial table of contents

Section 70 Maximum amount of survivors ' pensions

(1) The survivors ' pensions may not exceed 80 per cent of the annual earnings, otherwise they shall be reduced, in the case of widows and widows, former spouses and orphans, according to the ratio of their height. In the case of the application of the first sentence, the pension calculated in accordance with section 65 (2) no. 2 and 3 or section 68 (1) shall be assumed; subsequently § 65 (3) or § 68 (2) shall be applied. Section 65 (2) no. 1 shall remain unaffected. Relatives of the ascending line, nursing parents or foster parents, as well as foster children, are only entitled to the maximum amount of widows and widows, former spouses or orphans. (2) Are the survivors 80 of the hundred of the The survivors ' pensions shall be recalculated in accordance with the provisions of paragraph 1. (3) In the event of a survivor ' s pension, the remaining pensions shall be increased to the extent permitted by the Maximum amount. Unofficial table of contents

Section 71 widows, widows and orphan aid

(1) Widows or widows of insured persons shall receive a one-off aid of 40 per cent of the annual work service, if:

1.

a right to a survivor's pension does not exist, because the death of the insured was not the result of an insurance case; and

2.

the insured persons, at the time of their death, were entitled to a pension after a reduction in the earning capacity of 50 of the hundred or more or to several pensions, the percentages of which, together, reach at least 50; as far as pensions are found , the percentage of the pension is based on the percentage of the pension that has been paid.

Section 65 (6) shall apply. (2) In the event of a meeting of several pensions or severance payments, the aid shall be calculated on the basis of the highest annual work earnings on which the pensions or severance payments were based. The aid shall be paid by the accident insurance institution which has provided the calculated benefit in the case of the same high annual work service to the person responsible for the earliest insurance case. (3) For orphans who are insured in the event of death of the insured persons. as a result of an insured person's claim to an orphan's pension, paragraphs 1 and 2 shall apply if they have lived with them in the domestic community at the time of the death of the insured, and have been predominantly entertained by them. If there are more than one orphan, the orphan allowance will be distributed evenly. (4) If insured persons have received a pension for more than ten years after a reduction in the earning capacity of 80 of the hundred or more, they shall not be subject to the consequences of the In lieu of the aid referred to in paragraph 1 or 3, the person entitled may, instead of the aid referred to in paragraph 1 or 3, be paid an ongoing aid up to the amount of a survivor ' s pension if the insured persons were prevented from being insured as a result of the insurance case, a to engage in employment and, if that is the case, the supply of Survivors are reduced by at least 10 from the hundred. The current aid shall also apply to the provisions on survivor ' s pensions.

Third Subsection
Start, change and end of pensions

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Section 72 Start of pensions

(1) Pensions to insured persons shall be paid from the day following the day on which:

1.

the right to infringed money ends,

2.

the insurance case has occurred if no right to infringed money has been incurred.

(2) Survivors of survivors shall be paid on the date of death. Survivors who are paid on application shall be paid from the beginning of the month following the application. (3) The statutes may stipulate that for entrepreneurs, their spouses or co-workers working in the company A life partner and a pension for the first 13 weeks after the date referred to in § 46 (1) shall not be paid in whole or in part for the first 13 weeks of the insurance. The pension starts at the latest on the day after the end of the 13. Week, if injury is not to be paid. (4) (dropped) Unofficial table of contents

Section 73 Changes and end of pensions

(1) In the event of an actual or legal reason, the conditions for the amount of a pension after it has been established shall be subject to the pension at a new level after the end of the month in which the change has become effective. (2) Fallen The pension shall be paid by the end of the month in which the omission has become effective, and the conditions for entitlement to a pension shall be met by the end of the month. Sentence 1 shall apply mutagenly if it is established that insured persons are still alive. (3) In determining the reduction in earning capacity, a change within the meaning of Section 48 (1) of the Tenth Book is only essential if it is to be considered as a is more than 5 per cent; in the case of pensions for an indefinite period, the change in the reduction of earning capacity must last for more than three months. (4) If pensions are limited, they shall end at the end of the period. That does not exclude a prior change or an end of the pension for other reasons. Pensions may only be limited to the end of a calendar month. (5) Widows and widows ' pensions under Section 65 (2) (3) (a) for the education of children shall be limited to the end of the calendar month in which the child's education is expected to end. Orphans ' pensions shall be limited to the end of the calendar month in which the entitlement to the orphan pension is likely to be eliminated. The term may be repeated. (6) Pensions shall be made by the end of the calendar month in which the beneficiaries have died. Unofficial table of contents

Section 74 Exceptions to the amendment of pensions

(1) The right to a pension provided indefinitely may be changed only at intervals of at least one year on the basis of a change in the reduction of the earning capacity in the benefit of the insured. The year begins with the date from which the temporary compensation pension has become indeterminate or the last fixed pension has been announced. (2) Pensions may not be reestablished for the period of time in which the pension is paid. In the event of an injury or a right to an infringed benefit, it is not possible to pay compensation for the income or the receipt of income from operating and domestic aid or because of the fulfilment of the conditions for the receipt of operational and budgetary assistance.

Fourth subsection
Severance

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Section 75 severance payment with a total remuneration

If, according to general experience, it is to be expected, taking into account the particular circumstances of the individual case, that only one pension is to be paid in the form of the provisional compensation, the accident insurance institution may, after completion of the procedure, be entitled to of the treatment with a total remuneration equal to the expected pension cost. At the end of the period for which the total remuneration has been determined, a pension shall be paid on application as a temporary compensation or pension for an indefinite period if the conditions for such compensation are fulfilled. Unofficial table of contents

Section 76 severance pay reduction of less than 40 per cent of the labour force

(1) insured persons who are entitled to a pension due to a reduction in the earning capacity of less than 40 of the hundred can be found on their application with an amount corresponding to the capital value of the pension. Insured persons who are entitled to several pensions from the accident insurance, the percentages of which together do not reach the number 40, can be found at their request with an amount equal to the capital value of one or more of these pensions . The Federal Government determines the calculation of the capital value by means of a regulation with the consent of the Federal Council. (2) A severance payment may only be granted if it is not to be expected that the reduction of the earning capacity is substantially reduced. (3) If a significant deterioration in the consequences of the insurance case (Section 73 (3)) occurs after the severance payment, pension is paid in that respect. Unofficial table of contents

Section 77 Resurrecting of the refunded pension

(1) If insured persons are seriously injured after a severance payment, they are repaid in full upon application of the entitlement to a pension. (2) The severance sum shall be credited to the pension insofar as it exceeds the sum of the pension amounts which the pension amount exceeds the amount of the pension. Insured persons would have been granted during the severance period. The calculation shall be carried out in such a way that the insured person shall remain at least half the pension on a monthly basis. Unofficial table of contents

Section 78 severance pay reduction from 40 per cent in the case of disability

(1) insured persons who are entitled to a pension due to a reduction in the earning capacity of 40 of the hundred or more can be found on their application by a monetary amount. The same applies to insured persons who are entitled to a number of pensions whose percentages of pensions together reach or exceed the number 40. (2) A severance payment can only be granted if:

1.

the insured person's 18. have been completed and

2.

it is not to be expected that, within the period of the severance period, the reduction of the working capacity will be substantially reduced.

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Section 79 Scope of severance

A pension can be found in the cases of a severance payment in the case of a reduction in the earning capacity of 40 from the hundred to half for a period of ten years. The amount of the severance paid is nine times the amount of the annual amount of the pension on which the severance payment is based. The right to the part of the pension, at the place where the severance occurs, shall expire at the end of the month of payment for ten years. Unofficial table of contents

§ 80 Resurrecation for remarriage

(1) A widow's pension or a widower's pension shall be found at the first remarriage of the beneficiaries with a total of 24 times the monthly amount. In this case, widows 'pensions and widows' pensions shall not be re-established until the end of 24 months to former spouses who are based on the same insurance case. In the case of a pension pursuant to section 65 (2) no. 2, the amount of 24 times the monthly amount to be deducted shall be reduced by the number of calendar months for which the pension has been paid. Accordingly, the number of calendar months shall be reduced in accordance with the second sentence. (2) Monthly amount shall be the average of the widow's pension or widower's pension for the last twelve calendar months. In the case of remarriage before the end of the 15. Calendar month after the death of the insured person, the monthly amount shall be the average amount of the widow's pension or widower's pension, which was to be paid after the end of the third calendar month following the month of the month of death. In the case of remarriage before the end of this calendar month, the monthly amount is the amount of the widow's pension or widower's pension to be paid for the fourth month following the month of the death. (3) A pension payment was paid at the time of remarriage. , and after the dissolution or annulment of the new marriage, entitlement to widower's pension or widower's pension after the penultimate spouse shall be made for each calendar month following the period after the dissolution or annulment of the new marriage until the end of the period of validity of the marriage. of the 24th The calendar month after the end of the month of re-marriage shall be waited and a twenty-fourth of the pension payment shall be withheld from this pension in appropriate partial amounts. In the case of late application, the pension payment to be kept diminished by the amount which would have been granted to the beneficiaries at the earliest possible application to the widower's pension or widower's pension after the penultimate spouse. (4) The paragraphs 1 to (5) Paragraphs 1 to 4 shall apply to the recipients of a widower's pension or widower's pension to life partners.

Fifth Subsection
Special provisions for the insured persons of the agricultural accident insurance

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Section 80a Conditions for the pension entitlement, waiting period

(1) insured persons within the meaning of section 2 (1) (5) (a) and (b) shall, by way of derogation from § 56 (1), first sentence, be entitled to a pension if their earning capacity as a result of an insurance policy is over the 26. The week after the insurance case is reduced by at least 30 from the hundred. § 56 (1) sentence 2 shall apply with the proviso that the percentages must at least reach the number 30. (2) For insured persons within the meaning of § 2 (1) (5) (a), a pension shall be paid for the first 26 weeks according to § 46 (1). the first 26 weeks after the entry of the insurance case, or if no right to infringed money has been incurred.

Third Section
Annual work earnings

First subsection
General

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Section 81 Annual earnings earnings as calculation basis

The provisions of this section shall apply to benefits in cash, calculated on the basis of annual earnings.

Second subsection
First-time fixing

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Section 82 Rule Calculation

(1) Annual work earnings are the total amount of work fees (§ 14 of the Fourth Book) and earned income (§ 15 of the fourth book) of the insured person in the twelve calendar months before the month in which the insurance case occurred. The remuneration referred to in the first sentence also includes the remuneration on which a collective agreement concluded after the twelve calendar months gives the insured retroactive entitlement to the insured person. (2) For periods in which the insured person in the first sentence of paragraph 1 of this Article , the period referred to above shall be based on the salary or income of the work, which is based on the average salary or income of the work in those with pay or work income used periods of this period. Is someone who is a soldier on time, as a military or civilian service provider, or as a development worker, in the special use of civil protection or in a service under the Youth Voluntary Service Act or the Federal Voluntary Service Act , an insurance case, the annual employment service is based on the remuneration or earnings which it would have achieved through an activity corresponding to the last activity prior to the said periods, if it had been carried out for the period is more favourable. If the insurance case takes place within one year since the end of a vocational training, the remuneration obtained during the course of the vocational training is disregarded if it is more favourable for the insured person. (3) Training aid in accordance with § § 43 and 44 of the Penitent Act shall not be considered as a remuneration within the meaning of paragraphs 1 and 2. (4) If a person who otherwise is responsible for the accident in accordance with the law or principles of civil service law is insured, a person shall be granted a The insurance case for which he is not responsible shall be deemed to be: Annual earnings earnings of the annual amount of pensionable remuneration, which would be based on the calculation of an accident rate. This applies accordingly to professional soldiers. Unofficial table of contents

§ 83 Annual employment service by statute

Self-employed persons insured by law, entrepreneurs and spouses or life partners insured under the statutes and for voluntarily insured persons have to determine the amount of the annual work earnings service. It must also determine the conditions under which the law insured self-employed persons and entrepreneurs and spouses or life partners insured under the law of the law shall, at their request, be subject to a higher level of protection. Annual work earnings are insured. Unofficial table of contents

Section 84 Annual employment service in the case of occupational diseases

In the case of occupational diseases, the calculation of the annual work earnings shall be the date of the insurance case of the last day on which the insured persons have carried out insured activities which, in their own way, were appropriate for the occupational disease. where this calculation is more favourable to the insured than a calculation on the basis of the time period referred to in Article 9 (5). This applies without regard to the reasons why the damaging insured activity has been abandoned. Unofficial table of contents

§ 85 Minimum and maximum annual work earnings

(1) The annual work earnings shall be at least

1.

for insured persons who, at the time of the insurance, the 15th, but not yet 18. have been completed, 40 of the hundred,

2.

for insured persons who, at the time of the insurance, the 18. have been completed, 60 of the hundred

the reference quantity at the time of the insurance case. Sentence 1 shall not apply to insured persons in accordance with § 3 (1) no. 3. (2) The annual employment service shall not exceed twice the reference value, which is the determining factor at the time of the insurance case. The statutes may determine a higher upper limit. Unofficial table of contents

§ 86 Annual Work Service for Children

The annual work earnings shall be

1.

in the case of insured persons who have not completed the sixth year of life at the time of the insurance, 25 of the hundred,

2.

for insured persons who, at the time of the insurance, the sixth, but not the 15. have been completed, 33 1/3 of the hundred

the reference quantity at the time of the insurance case. Unofficial table of contents

Section 87 Annual employment service in accordance with reasonable discretion

If, after the calculation of the rules, the rules for occupational diseases, the rules for children or the annual work earnings fixed by the minimum annual earnings scheme are to a considerable extent insignificant, it shall be adopted in accordance with The minimum and maximum annual work earnings are at a reasonable discretion. In particular, account shall be taken of the skills, training, living conditions and activities of the insured at the time of the insurance case. Unofficial table of contents

Section 88 Increase in annual work earnings for survivors

If the annual work service of an insurance case of a deceased person as a result of an insurance case is less than the one fixed for the previous insurance case for the calculation of the survivors ' cash benefits, Annual earnings, the pension payable to the insured at the time of death shall be added to the allowance for the new insurance case, and the amount of the pension to be paid shall not exceed the amount of the pension payable as a result of the of the previous insurance case as annual work earnings . Unofficial table of contents

Section 89 Consideration of adjustments

If the amount of the money paid by the annual earnings service begins after 30 June of a year and the insurance case has occurred in the previous calendar year or earlier, the annual earnings service shall be paid in accordance with the amount of the cash benefits for the amount of the annual earnings. in accordance with applicable rules.

Third Subsection
Recommit

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Section 90 Redetermination after expected school or vocational training or age

(1) If the insured person enters before the beginning of the school education or during a school or vocational training of the insured, if it is more favourable for the insured person, the annual employment service shall be fixed at the time of the date in which the insured person is more favourable. the training would probably have been terminated without the insurance case. The redetermination shall be based on the remuneration provided for in that date for persons of the same training and age by collective agreement; if there is no collective agreement, the remuneration shall be determined by the remuneration of the contract for the such activities shall apply to the place of employment of the insured persons. (2) The insured persons shall have at the time of the insurance policy the 30. If it is more favourable to them, the annual earnings shall be fixed in each case on the basis of the remuneration paid at the time of the insurance case for persons of the same type of activity in the attainment of a specific In the case of a professional year or in the case of the completion of a specific year of life by collective agreement, there shall be no collective agreement on the remuneration applicable to such activities at the place of employment of the insured persons. Only increases will be taken into account until the completion of the 30. (3) In the cases referred to in paragraph 1 or 2, if the insured person is unable to pursue gainful employment as a result of the insurance case, the insured person may, if it is more favourable to them, pay the annual earnings after the increases in the amount of the (a) new fixed amount of work fixed at the time of the insurance case from the completion of a given year, the attainment of a certain professional year, or the expiry of certain periods of probation by tariff; tariff arrangements shall be the basis for the remuneration for such activities, Activities at the place of employment of the insured persons. (4) If the insurance case occurred before the start of the vocational training, it cannot be determined, even taking into account the further education or vocational training, which If the insured person is expected to have reached a training goal without the insurance case, the annual work service will be completed with the completion of the 21. Life year at 75 of the hundred and with the completion of the 25. (5) The annual work earnings shall be determined in accordance with the rules on the minimum annual work earnings or on the annual employment service for children. , subject to the rules set out in paragraphs 1 to 4, it shall be recalculated with the completion of the other years of life referred to in those provisions in accordance with the percentage of the reference quantity determining these dates. (6) In the cases referred to in the second sentence of Article 82 (2) shall be applied in accordance with paragraphs 1 to 3. Unofficial table of contents

§ 91 Minimum and maximum annual work earnings, annual work earnings at reduced discretion in the event of redetermination

In the case of resets of annual work earnings after expected school or vocational training or age levels, the minimum and maximum annual earnings regulations and the annual work earnings shall be at least reasonable shall apply accordingly.

Fourth subsection
Special provisions relating to seafarers and their survivors insured with the professional association for transport and transport

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Section 92 Annual employment service for seafarers

(1) Annual work earnings for insured persons employed on board a seagoing vessel shall be subject to the twelfth of the monthly average of the amount of remuneration fixed in accordance with paragraph 2 or 4, including the average rate of the value of the Bailiffs or Means of Food (average pay) at the time of the insurance case. For insured persons who are employed as foreign seafarers without domials or permanent residence in the territory of the country on board ships which, in accordance with Section 12 of the Flag Law, are published in the version of the notice of 26. October 1994 (BGBl. 3140) are entered in the International Maritime Register and are not paid to them by a German labour force, the general rules on annual work earnings shall apply to the calculation of annual work earnings. (2) The statutes may stipulate that, in respect of insured persons with a strongly fluctuating wage, special average fees shall be paid in accordance with the annual salary normally achieved. (3) As annual work service for the power of law self-employed coastal shippers and coastal fishers and their assisting spouses or co-working life partners shall be subject to the average annual income determined in accordance with paragraph 4, where the total annual income shall be: (4) The monthly average charge for the insured persons referred to in the first and second sentences of paragraph 1 and the average of the annual income for the insured persons referred to in paragraph 3 shall be fixed by committees which: (5) The determination is carried out in the field of the same activities uniform for the scope of this law. The fixing of collective agreements concluded between shipowners and associations of seafaring workers shall be taken into account, with the exception of the charges applicable to insured persons for whose annual work earnings, the second sentence of paragraph 1 applies. For the insured persons referred to in paragraph 1 who, in addition to the amount of remuneration, the remuneration or the remuneration, have regular additional income, their average monetary value shall also be included in the fixing of the average. (6) The approval of the Federal Insurance Office shall be determined. The Federal Insurance Office may set a time limit for fixing it; after the expiry of the period, it may set the average rates itself. (7) The fixing shall be verified once every year. The Federal Insurance Office may also arrange for investigations in the interim. (8) The Articles of Association shall determine that and under which conditions the insured persons referred to in paragraph 3 shall, at their request, have a higher annual work service shall be insured.

Fifth Subsection
Special provisions for the insured persons of the agricultural accident insurance scheme and their survivors

Unofficial table of contents

Section 93 Annual employment service for agricultural entrepreneurs, their spouses and family members

(1) The annual work earnings of the power of the law insured

1.

agricultural entrepreneurs,

2.

spouse and life partner of agricultural entrepreneurs working in the enterprise,

3.

Regularly as agricultural entrepreneurs do business,

for insurance cases, which occurred in 1996 or earlier, 19 115 Deutsche Mark. For insurance cases which enter into force in 1997 or later, the amount referred to in the first sentence shall be adjusted for the first time on 1 July 1997 in accordance with § 95; § 215 para. 5 shall not apply. The agricultural trade association shall inform the agricultural entrepreneurs of the annual earnings in force in each case. (2) As long as the persons referred to in paragraph 1 are entitled to a pension indefinitely after a period of time after a In the event of a reduction in the earning capacity of 50 of the hundred or more, the amounts referred to in paragraph 1 shall be increased by

1.

25 of the hundred in the case of a reduction in the earning capacity of less than 75 of the hundred;

2.

50 of the hundred in the case of a reduction in the earning capacity of 75 of the hundred and more.

If insured persons are entitled to several pensions for an indefinite period of time, the percentages of which shall at least reach 50 and for which annual earnings shall be fixed in accordance with this provision, the annual employment service shall be determined according to the amount resulting from the first sentence for the sum of the percentages of the reduction of the earning capacity. (3) For the members of the family who are not only working temporarily in the agricultural undertaking within the meaning of section 2 (1) (5) Point (b) shall apply to the minimum annual work earnings as annual work earnings. Had the assisting family member at the time of the insurance case the 15. In the case of children who are not yet completed, the provision on annual earnings for children shall apply mutatily. The annual work service will be completed with the completion of the 15. and 18. (4) A temporary free-of-charge in an agricultural undertaking employed in its main occupation, including in an agricultural sector, is a period of (5) The Articles of Association shall determine that and under what conditions the insured persons referred to in paragraph 1, 2 or 3 shall be responsible for the employment of the persons referred to in paragraph 1, 2 or 3. shall be insured at their request with a higher annual earnings service. The articles of association may stipulate that the amounts referred to in paragraphs 1 and 2 shall be increased by up to a half. (6) For the insured persons referred to in paragraphs 1 and 3, the insured person shall be 65 years old at the time of the insurance policy. The annual work earnings resulting from the provisions of paragraphs 1, 2 or 3 shall be reduced. The reduction shall be in the order of 1

1.

65 of the hundred for insured persons who at the time of the insurance case the 75. have completed their life year,

2.

50 of the hundred for insured persons, who at the time of the insurance case the 70. Year of life and not yet 75. have completed their life year,

3.

35 of the hundred for the rest of the insured.

For insured persons, who at the time of the insurance case the 65. have not yet been completed and the right to

1.

early retirement pension or retirement pension due to full employment reduction from the age of farmers,

2.

Widow's or widower's pension from the age-saving of farmers on account of disability,

3.

Bridging money from farmers ' pension schemes, or

4.

Production costs under the Act to promote the cessation of agricultural activity

, the reduction shall be equal to 35 per hundred. (7) Where cash benefits are calculated in accordance with the annual earnings service referred to in paragraph 1, the rate applicable in accordance with the first and second sentences of paragraph 1 of 31 December 2001 shall be 31 December 2001. Annual work to be converted to two decimal places. The second sentence of paragraph 1 shall apply accordingly.

Fourth Section
Multi-performance

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§ 94 Multiperformances

(1) The Articles of Association may determine additional benefits for:

1.

persons who are employed free of charge, in particular on a voluntary basis, for a company referred to in Article 2 (1) (9) or (12),

2.

persons who are insured pursuant to § 2 (1) (10), (11) or (13) or (3) (3) (2),

3.

Persons insured pursuant to § 2 (1) (1) or § 2 (3) sentence 1 (3) (a) if they are subject to a special foreign use within the meaning of Section 31a of the Civil Service Act or Section 63c of the SoldatenSupply Act participating.

The nature of the insured activity, in particular its risk, as well as the nature and severity of the health damage can be taken into account. (2) The additional benefits of pensions may be combined with

1.

Pensions to insured persons without the allowance for seriously injured 85 of the hundred,

2.

Survivors ' pensions 80 of the hundred

(2a) For the persons referred to in point 3 of the first sentence of paragraph 1, the statutes may determine the amount of the annual work earnings up to one and a half times the annual work service, which shall be determined by shall be governed by the third section of the third chapter. Paragraph 2 shall not apply in such cases. (3) The additional benefits shall not be credited to cash benefits, the amount of which depends on income.

Fifth Section
Common rules on benefits

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Section 95 Adjustment of cash benefits

(1) In each case at the same time as the pensions of the statutory pension insurance scheme are adjusted, the cash benefits dependent on the annual earnings, with the exception of the last and the transitional allowance, shall be paid in the case of insurance cases which have been paid in the the previous calendar year or earlier, adjusted according to the percentage of the pension from the statutory pension insurance scheme. The Federal Government, with the approval of the Federal Council, has the adjustment factor according to the percentage of the current pension value in the legal regulation on the determination of the current pension value applicable to the pension adjustment in the statutory pension insurance scheme in accordance with the first sentence. (2) The cash benefits shall be adjusted in such a way as to be calculated on the basis of an annual work earnings multiplied by the adjustment factor. The provision on the maximum annual earnings service shall be subject to the proviso that the date of the adjustment shall be replaced by the date of the adjustment. If, in the event of a redetermination of the annual work earnings after prior school or vocational training or at certain age levels, a calculation basis shall be placed on the basis of a calculation basis, the entry of the annual work service shall be deemed to be the entry of the Insurance, within the meaning of the first sentence of paragraph 1, the date on which the conditions for the re-establishment have occurred. Unofficial table of contents

§ 96 Due date, payout and calculation principles

(1) The amount of cash benefits, with the exception of the injured and transitional allowance, shall be due at the end of the month at the beginning of which the eligibility conditions are met; they shall be paid on the last bank working day of this month. In the case of payment to an account, the crediting of the current cash benefit, even if it is subsequently effected, shall be made in such a way that the value of the incoming transfer amount on the receiving account shall be effected on the date of the day on which the Amount has been made available to the financial institution. In the case of a timely payment within the meaning of the first sentence, it is sufficient if, according to the ordinary course of the payment, the amount of the current cash benefit can be paid under the date of the last banking day. (2) Cash benefits may be provided by: (3) cash benefits for the period following the death of the person entitled to an account at a financial institution for which the Regulation (EU) No 260/2012 of the European Parliament and of the Council of the European Communities (EU) Parliament and the Council of 14 March 2012 laying down the technical rules and regulations the business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 145, 31.5.2009, p. 22), have been referred to, and are deemed to have been provided subject to reservation. The financial institution shall return it to the issuing body or to the accident insurance institution if it is to reclaim it as being wrongly provided. There is no obligation to refer the case back to the extent that the corresponding amount has already been otherwise provided at the time of receipt of the recovery, unless the return transfer can be made from a credit balance. The financial institution shall not use the amount transferred to satisfy its own claims. (4) Insofar as cash benefits have been wrongly provided for the period following the death of the beneficiary, both the persons who perform the cash benefits shall be have been immediately received or to which the corresponding amount has been transferred to an account by standing order, direct debit or other bankrupt payment transaction (recipient), as well as the persons who are considered to be A bank-based payment transaction at the expense of the corresponding amount of the account, the institution of the accident insurance shall be obliged to reimburse the amount of the corresponding amount. The institution of the accident insurance shall be entitled to claim reimbursement by administrative act. A financial institution which has rejected a referral back with the indication that the corresponding amount has already been otherwise disputed shall have the name and address of the accident insurance institution at the request of the financial institution or the institution responsible for the accident insurance. To name a recipient or a new account holder and any new account holder. A claim against the heirs pursuant to § 50 of the Tenth Book shall remain unaffected. (4a) The claims referred to in paragraphs 3 and 4 shall expire in four years from the end of the calendar year in which the reimbursed institution of the accident insurance shall be aware of the overpayment and, in the cases referred to in paragraph 4, also obtained by the reimbursment. The provisions of the Civil Code apply to the inhibition, the curbing, the new beginning and the effect of the limitation period. (5) The calculation principles of § 187 shall apply with the proviso that in the case of the pro-rata determination of a Monthly pension of the calendar month with the number of its actual days. (6) Current cash benefits to be paid out in accordance with paragraph 1 and due in the month in which the person entitled died is due to the previous year. Receiving account has been transferred to a financial institution, the claim of the heirs to the Carrier of the accident insurance fulfilled. Unofficial table of contents

§ 97 Services abroad

Entitled persons who have their habitual residence abroad shall be granted according to this book

1.

cash benefits,

2.

for all other benefits to be provided, an appropriate reimbursement of costs incurred, including the cost of a caring force or for home care.

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Section 98 Invoice of other benefits

(1) In cash benefits according to this book, cash benefits from a foreign institution of social security or a foreign national body comparable to that of the services provided for in this book shall be credited. (2) the right to a cash benefit under this book, in respect of a claim to benefit under the provisions of the Sixth Book, in whole or in part, shall also apply with regard to comparable benefits provided by a foreign institution (3) The payment of cash benefits pursuant to § 2 para. 3 sentence 1 no. 3 and § 3 para. 1 no. 3 Persons insured under this book because of a loss of body, property or property are to be charged with similar cash benefits paid by third parties on account of the same damage. Cash benefits on the basis of private insurance relationships based solely on contributions from insured persons shall not be credited. Unofficial table of contents

§ 99 Perception of tasks by Deutsche Post AG

(1) The accident insurance institutions shall, as a general rule, pay the current cash benefits, with the exception of the injured and transitional allowance, by Deutsche Post AG. The Accident Insurance Institutions can also transfer the current cash benefits to the financial institution specified by the authorized person. In addition, the German Post Ltd can pay out cash benefits. (2) As far as Deutsche Post AG disbursed payments for the accident insurance institutions, it also carries out work on the adaptation of the insurance institutions. Benefits through. The adjustment notifications are made in the name of the accident insurance carrier. (3) The payment and the implementation of the adjustment of cash benefits by Deutsche Post AG also include the performance of the tasks related to this. Accident insurance institutions, in particular the compilation of statistical material and its transmission to the Federal Ministry of Labour and Social Affairs and the associations of the accident insurance institutions. Deutsche Post AG can also carry out the corresponding tasks in favour of the accident insurance institutions which do not pay the current cash benefits. (4) The accident insurance institutions will be responsible for the costs of the accident insurance institutions. Authorized not to be released. The authorized persons are to make changes in the actual or legal conditions that are significant for the payment or the implementation of the adjustment of the cash benefits paid by Deutsche Post AG, directly the Deutsche Post AG (5) In order to disburse cash benefits, Deutsche Post AG receives adequate advances from the accident insurance institutions on a monthly basis. (6) Deutsche Post AG receives an account for its activities from the accident insurance institutions. appropriate remuneration and remuneration on a monthly basis Advance. Unofficial table of contents

Section 100 Regulation empowerment

The Federal Ministry of Labour and Social Affairs is authorized, in agreement with the Federal Ministry of Finance, by means of a legal regulation with the consent of the Federal Council

1.

To identify the content of the tasks of the accident insurance institutions which are to be carried out by Deutsche Post AG and to determine the rights and obligations of the parties concerned, in particular the monitoring of the conditions of payment by the evaluation of the Death notice notifications of the reporting authorities pursuant to § 101a of the Tenth Book and by the collection of life certificates within the scope of section 60 (1) and 65 (1) (3) of the First Book,

2.

the amount and maturity of the advances received by Deutsche Post AG from the accident insurance institutions,

3.

the amount and maturity of the remuneration and advances received by Deutsche Post AG from the accident insurance institutions shall be determined in more detail.

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Section 101 Exclusion or reduction of benefits

(1) Persons who have deliberately brought about the death of insured persons shall not be entitled to benefits. (2) Services may be wholly or partially denied or withdrawn if the insurance case is carried out by a person insured by the insured person. An act which is a crime or a premeditated offence after a final judgment in criminal court proceedings. Any infringement of mining regulations or orders of uphold authorities shall not be deemed to be offences within the meaning of the first sentence. In so far as the performance is denied, it can be provided to dependent spouses or life partners and children. Unofficial table of contents

§ 102 Written Form

In the cases of § 36a subsection 1 sentence 1 no. 2 of the Fourth Book, the decision on a claim to an achievement shall be issued in writing. Unofficial table of contents

Section 103 Intermediate message, accident investigation

(1) If, in the cases of § 36a (1) sentence 1 of the Fourth Book, the accident insurance institution cannot complete a procedure within six months, it shall have the insured person after the expiry of that period and thereafter at intervals of six months over inform the state of the procedure in writing. (2) The insured person is entitled to take part in the examination of an insurance case carried out at the workplace or at the place of accident. Survivors who may have claims as a result of the insurance case may participate in the investigation if they require this.

Fourth chapter
Liability of entrepreneurs, company members and other persons

First section
Limitation of liability to insured persons, their dependants and their survivors

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§ 104 Restriction of the liability of entrepreneurs

(1) Entrepreneurs are the insured persons who are active in their business or who are in any other relationship to which the insurance is based, and their relatives and survivors according to other statutory provisions relating to the insurance company. Replacement of the personal injury caused by an insurance case only if it has caused the insurance case intentionally or on a path insured pursuant to section 8 (2) no. 1 to 4. A transfer of receivables in accordance with § 116 of the Tenth Book shall not take place. (2) Paragraph 1 shall apply mutagenally to persons who have been damaged as a body fruit by an insurance case within the meaning of § 12. (3) The remaining provisions of paragraph 1 or 2 shall apply. Compensation claims shall be reduced by the benefits provided by the beneficiaries under the law or by the articles of association as a result of the insurance case. Unofficial table of contents

Section 105 Restrictions on the liability of other persons operating in the holding

(1) Persons who cause an insurance case of insured persons of the same holding by way of an operational activity are those and their relatives and survivors according to other statutory provisions for the compensation of personal injury. only if they have caused the insurance case intentionally or on a path insured pursuant to § 8 (2) (1) to (4). The first sentence shall apply in the event of injury to persons who work for the same holding and who are not insurance-free pursuant to Section 4 (1) (1). Section 104 (1), second sentence, (2) and (3) shall apply accordingly. (2) Paragraph 1 shall apply accordingly if uninsured entrepreneurs have been harmed. To the extent that, in accordance with the first sentence, a liability is excluded, the entrepreneurs, such as insured persons who have suffered an insurance case, shall be treated, unless a replacement obligation of the person in question is not subject to civil law to the trader. For the purposes of the calculation of cash benefits, the minimum annual work earnings shall be considered as annual work earnings. However, cash benefits shall only be provided up to the level of a claim for damages in civil law. Unofficial table of contents

§ 106 Restriction of the liability of other persons

(1) In the companies referred to in § 2 para. 1 no. 2, 3 and 8, § § 104 and 105 shall apply in accordance with the obligation to replace

1.

the insured persons referred to in Article 2 (1) (2), (3) and (8);

2.

the insured persons referred to in Article 2 (1) (2), (3) and (8) vis-à-vis the employees of the same undertaking,

3.

of the operating members of the same undertaking in respect of the insured persons referred to in Article 2 (1) (2), (3) and (8).

(2) In the case of § 2 (1) no. 17, § § 104 and 105 shall apply in accordance with the obligation to replace

1.

who are in need of care in relation to carers,

2.

of the caregiers in relation to the care needs,

3.

of the care persons of the same person in need of care.

(3) In the event of accidents or undertakings in the field of civil protection, companies shall cooperate or carry out temporarily operational activities on a joint establishment, the provisions of § § 104 and 105 shall apply to the (4) § § 104 and 105 shall also apply to the replacement obligation of members of the company in relation to the insured persons according to § 3 (1) no. 2. Unofficial table of contents

Section 107 Special features in seafaring

(1) In the case of shipping companies, § 104 shall also apply mutagenic to the replacement obligation of other persons who are responsible for the remuneration of the persons. § 105 applies to the pilots accordingly. (2) In the event of the collision of several seagoing ships of companies for which the professional association is responsible for transport and transport, the sections 104 and 105 shall apply in accordance with the obligation to replace them, also between themselves, the shipowners of the vehicles involved, other persons who are in charge of the remuneration, the pilots and the insured persons working on the vehicles involved. Unofficial table of contents

Section 108 Binding of the courts

(1) If a court has to decide on the replacement claims of the kind referred to in § § 104 to 107, it is bound by an indisputable decision in accordance with this book or in accordance with the Social Court Act, in the respectively valid version, whether a (2) The court has to suspend its proceedings until a decision under paragraph 1 has been taken. In the event that such a procedure has not yet been initiated, the court shall determine a time limit after the expiry of which the commenced procedure may be accepted. Unofficial table of contents

§ 109 The right of arrest of persons limited in liability

Persons whose liability is limited in accordance with § § 104 to 107 and against the insured persons, their relatives and survivors shall be entitled to claim damages instead of the beneficiaries may apply for the findings in accordance with § 108 or the corresponding Procedure under the Social Court Act. The expiry of periods which have passed without their fault does not act against them; this does not apply to the extent to which these persons operate the procedure themselves.

Second section
Liability to social security institutions

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§ 110 Liability to social security institutions

(1) If persons whose liability is limited in accordance with § § 104 to 107, have caused the insurance case intentionally or with gross negligence, they shall be liable to the social insurance institutions for the expenses incurred as a result of the insurance case, however, only up to the level of the claim for damages in civil law. Instead of the pension, the capital value can be demanded. The fault only needs to be related to the action or omission caused by the insurance case. (1a) Entrepreneurs who provide undeclared work in accordance with § 1 of the German Federal Office for the Control of the Protection of the Rights of the Federal Office of Labour and thereby cause contributions to be made in accordance with the If the sixth chapter is not paid at the right level or not in good time, the accident insurance institutions shall reimburse the expenses incurred by them as a result of insurance cases in the execution of the undeclared work. An unduly correct contribution shall be presumed if the entrepreneurs do not have the persons in which the insurance cases have occurred, not in accordance with Section 28a of the Fourth Book at the catchment office or the data office of the institutions of the (2) The social insurance institutions may, at their reasonable discretion, and in particular taking into account the economic circumstances of the debtor, waive all or part of the claim for compensation. Unofficial table of contents

§ 111 Liability of the company

Have a member of a representative body, liquidators or liquidators of legal persons, authorized members or liquidators of a civil society of commercial law or legal representatives of the entrepreneurs in In accordance with § 110, the representatives shall also be liable for the execution of the insurance case intentionally or with gross negligence on the part of the insured. A liability in accordance with § 110 of those who caused the insurance case shall remain unaffected. The same shall apply to members of the board of directors of a non-legal association or members of a civil society of civil law who are entitled to represent them, on the understanding that the liability to the association or the Company assets are limited. Unofficial table of contents

Section 112 Binding of the courts

§ 108 on the binding of the courts shall also apply to the claims in accordance with § § 110 and 111. Unofficial table of contents

§ 113 Statute of limitations

§ § 195, 199 (1) and (2) and § 203 of the Civil Code shall apply mutatily for the limitation of the claims in accordance with § § 110 and 111, with the proviso that the time limit shall be calculated from the day on which the service obligation is to be applied to the An accident insurance institution has been determined or a corresponding verdict has become legally binding. Article 229 § 6 (1) of the Introductory Act to the Civil Code applies accordingly.

Fifth chapter
Organization

First section
Accident insurance institutions

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Section 114 Accident Insurance Institutions

(1) Carriers of the statutory accident insurance (accident insurance institutions) are

1.

the professional associations referred to in Appendix 1;

2.

social insurance for agriculture, forestry and horticulture; when carrying out the tasks under this Act and in other matters relating to the agricultural accident insurance, it shall be called agricultural Professional cooperative,

3.

accident insurance for the federal government and the railways,

4.

(dropped)

5.

the Post and Telekom accident insurance company,

6.

the accident insurance funds of the countries,

7.

the municipal accident insurance associations and the municipal accident insurance institutions,

8.

the fire brigade casuals,

9.

the joint accident insurance funds for the country and the municipal sector.

The agricultural accident insurance institution is responsible for the agricultural accident insurance scheme. (2) Insofar as this law authorizes the accident insurance institutions to issue statutes, they shall require the approval of the Supervisory authority. If it is subsequently found that a statutes should not have been approved, the supervisory authority may order the accident insurance institution to make the necessary change within a specified period. If the accident insurance institution of the order fails to comply within this period, the supervisory authority may make the necessary change in place of the accident insurance institution itself. (3) For the accident insurance scheme, the Federal Government and the railways are subject to the provisions of paragraph 2. with the proviso that, when approving the following statutes, the agreement with the Federal Ministry of Labour and Social Affairs and the Federal Ministry of Finance is required:

1.

Articles relating to the extension of the insurance cover to persons pursuant to § 3 (1) (2) and (3),

2.

Statutory provisions relating to the upper limit of annual work earnings (Article 85 (2)),

3.

Substitutes for additional services (§ 94) and

4.

Statutes on the expenses of the Federal and Railways Accident Insurance (Section 186).

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§ 115 Prevention in the accident insurance of the federal and railway

(1) The Federal Ministry of the Interior, in agreement with the Federal Ministry of Labour and Social Affairs, shall, after consulting the Federal Ministry of Labour and Social Affairs, issue the following information for the companies for which the Federal Government and the Railways accident insurance are responsible pursuant to Section 125 (1) (1) Representative Meeting of the Accident Insurance Association of the Federal Government and the Railways through general administrative provisions concerning measures within the meaning of § 15 (1); the representative assembly may make proposals for these provisions. The accident prevention regulations of the accident insurance institutions are to be taken into consideration. Concern for compliance with the provisions adopted in accordance with the first sentence shall also be included in the tasks of the Executive Board. Where a general administrative provision according to the first sentence only concerns the areas of competence of the Federal Ministry of Defence or the Federal Ministry of Finance, each of these Federal Ministries may, for its business unit, be a general In these cases, the administrative provision requires the involvement of the Federal Ministries of the Interior as well as for labour and social affairs. (2) By way of derogation from § 15 (4) sentence 1, the accident prevention regulations of the Accident insurance Federal Government and Railways of the Federal Ministry of the Interior. The decision is taken in consultation with the Federal Ministry of Labour and Social Affairs. (3) The task of prevention is to be found in the business areas of the Federal Ministry of Defence and the Federal Foreign Office with regard to its Foreign representations are perceived by the respective Federal Ministry or the body designated by it. The above-mentioned Federal Ministries shall ensure that the supervisors set up for monitoring and advising the companies have sufficient competence for the purpose of this activity. Unofficial table of contents

Section 116 Accident Insurance Institutions in the Land sector

(1) In the event of accident insurance in the state of the country, the state governments shall establish one or more accident insurance funds by means of a legal regulation. The provincial governments can also establish joint accident insurance funds for accident insurance in the country and for the accident insurance of one or more municipalities of at least 500 000 inhabitants. (2) The national governments of no more than three countries may set up a joint accident insurance fund in accordance with paragraph 1 by means of similar legal orders, provided that the country to be considered by the countries concerned in these legal regulations or by the State Treaty of (3) The national governments shall determine the rules in the legal regulations Further details on the integration of existing accident insurance institutions into the joint accident insurance fund are also available. Section 118 (1) sentence 5 shall apply accordingly. Up to the next general elections in the social security system, the number of members of the self-governing bodies of the united or newly formed accident insurance institutions shall be determined by the sum of the number of members in the statutes the unresolved accident insurance institution has been determined; § 43 (1) sentence 2 of the Fourth Book is not applicable. The members of the self-governing bodies of the Dissolved Accident Insurance Institutions and their alternates shall become members and alternates of the self-governing bodies of the accident insurance institutions formed by them. Decisions taken in the self-governing bodies of the newly formed accident insurance institutions shall be taken by a majority of the votes weighted according to the size of the accident insurance institutions resolved; for the weighting, an appropriate scale shall be taken in the statutes. In good time before the association becomes effective, the accident insurance institutions of the public sector involved in an association shall draw up a new order for the regulation of the legal conditions of the staff of the staff in order to be employed, which, in addition to the existing regulations, ensures a socially acceptable transfer of personnel, taking into account the appropriate arrangements for collective wage workers. The new service order shall be submitted to the supervisory authority competent after the association. The associations must be implemented in a socially responsible way. Unofficial table of contents

Section 117 Accident Insurance Institutions in the municipal sector

(1) In so far as the accident insurance in the municipal area is not carried out by a joint accident insurance fund for the country and the municipal sector, the state governments shall establish by means of a legal regulation for several municipalities of together at least 500 000 inhabitants of a municipal accident insurance association. (2) The national governments of no more than three countries may also have a common municipal accident insurance organisation in accordance with paragraph 1 by means of similar legal orders. by the participating countries in the is governed by these legal orders or by the State Treaty of the Länder. Section 116 (3) applies accordingly. (3) The state governments may, by means of a regulation, unite several fire brigade casuals or the fire brigade casuals with the accident insurance institutions in the state area and in the municipal area. For the fire brigade accident insurance funds, the rules applicable to the municipal accident insurance associations shall be applied accordingly. The municipalities and municipal associations involved shall be considered as entrepreneurs. The national governments of no more than three countries may, by means of the same legal regulations, unite several fire brigade casuals to form a fire service accident insurance fund, if the leading country in these legal regulations or by state contract of the countries. § 118 (1) sentence 3, 5 to 7 applies accordingly. (4) By means of a decree law, the state governments can unite the accident insurance funds of the municipalities with the accident insurance institutions in the municipal sector. (5) In the case of associations referred to in paragraphs 3 and 4, the following applies: § 116 (3), sentences 6 to 8. Unofficial table of contents

Section 118 Association of professional cooperatives

(1) Professional cooperatives may, by decision of their representatives ' meetings, unite into a professional cooperative. The decision shall require the approval of the supervisory authorities responsible before the association. The professional cooperatives involved shall lay down a statute, a proposal for the appointment of the members of the institutions and an agreement on legal relations with third parties and an agreement on the appointment of the members of the institutions responsible for the appointment of the supervisory authority. the design of the risk tariff and the design of contributions. This Agreement may, for a transitional period of no more than twelve years, be subject to different bases for calculation of contributions or different contributions and separate charges for the previous areas of competence of the United Kingdom. In the case of compensation costs based on insurance cases before the association, the agreement may provide for provisions beyond the period of twelve years. In addition, for a transitional period of up to ten years, the participating professional cooperatives may, by way of derogation from § 36 (2), first half-sentence and section 4 of the Fourth Book, a special rule on the further activities of the previous Managing directors and their deputies as managing directors and deputies of the new professional association, as well as the respective responsibilities; the number of deputy managing directors can be up to four persons, or an executive board consisting of up to five people. The supervisory authority shall approve the statutes and the agreements, shall convene the members of the institutions and shall determine the date on which the association shall take effect. With this date, the new professional association shall enter into the rights and obligations of the previous professional cooperatives. (2) The association referred to in paragraph 1 may be used for the demarcable types of undertakings of the professional cooperative to be redeemed with several (3) The details of the distribution of the assets and the take-over of the staff shall be provided by the professional cooperatives involved, in accordance with the provisions of the calendar year preceding the association Company types of compensation burden in the agreement , The professional cooperatives involved in an association shall, in good time before the date of action of the association, draw up a new order for the regulation of the legal conditions of the staff of the staff in order to supplement the Staff Regulations. to ensure a socially acceptable transfer of personnel, taking into account the appropriate arrangements for collective wage workers. The new Regulations shall be submitted, together with the documents referred to in the third sentence of paragraph 1, to the supervisory authority responsible for the association. Associations must be implemented in a socially responsible manner. (4) The agreement referred to in paragraph 1 on the organisation of the risk tariff and contribution or the statutes of the new professional association can be used to regulate the pension burden and the pension burden. Rehabilitation costs as well as the proportionate administrative and procedural costs to be borne by the new professional association pursuant to § 178 (1) to (3) to the previous areas of competence of the combined professional cooperatives in the relationship the burden is distributed as if an association had not taken place. The representative assembly of the new professional association may, with the approval of the Federal Insurance Office, decide on the last year of the period of validity of the scheme referred to in the first sentence, the validity of the provisions of the fourth sentence of paragraph 1 over the period of 12 In addition, for a period of not more than six years, if:

1.

one of the combined professional cooperatives in the 2007 repayment year was in accordance with § 176 (1) (1) or (3) in the version valid on 31 December 2007, and

2.

without the continuation of at least one of the previous areas of competence of the combined professional cooperatives in the financial year prior to the decision, the proportional total load resulting from this area would increase by more than 5 per cent.

(5) By the end of the year in which an association becomes effective, the merging professional associations shall be treated as self-employed entities with regard to the rights and obligations under the burden-sharing according to § § 176 to 181. Unofficial table of contents

§ 119 (omitted)

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§ 119a (omitted)

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§ 120 Federal and regional guarantee

Unless otherwise provided by law of the Federal Government or the Länder, the dissolution of a federal accident insurance carrier shall result in its rights and obligations on the Federal Government and with the dissolution of a federal accident insurance institution. National accident insurance provider whose rights and obligations are to be applied to the supervisory country.

Second section
Responsibility

First subsection
Responsibility of the commercial professional associations

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Section 121 Competence of the professional associations

(1) The industrial associations are responsible for all enterprises (establishments, administrations, institutions, activities), except where the second and third subsections are responsible for the responsibility of the agricultural sector. (2) The professional association for transport and transport as a commercial cooperative is responsible for shipping companies, in so far as they are not responsible for the the third subsection is a responsibility of the accident insurance institutions of the (3) Seefahrt in the sense of this book is

1.

the journey outside the

a)

Mainland and island shoreline at medium high water,

b)

the external border of inland waterways,

c)

the connecting line of the whey heads at ports located on the coast,

d)

the connecting line of the outer bank outflows in the case of estuaries of rivers other than inland waterways;

2.

the voyage on coves, apes and wading of the lake,

3.

for fisheries, also the voyage on other waters connected to the sea, up to the order of the sea-law order in the version of the notice of 15 April 1987 (BGBl. 1266), as last amended by Article 3 of the Regulation of 7 December 1994 (BGBl I). 3744), certain internal borders,

4.

the fish without a vehicle on the waters referred to in points 1 to 3.

The voyage of inland waterway vessels with a technical approval for Zone 1 or 2 of the Inland Waterway Investigation Order of 17 March 1988 (BGBl I). 238), as last amended by Article 10 (1) of the Regulation of 19 December 1994 (BGBl I). 3822), within the limits of Annex 8 to Section 1 (1) of the Maritime Safety Regulation, as amended by the 21. October 1994 (BGBl. 3281) shall not be considered as a sea voyage within the meaning of the first sentence. At the date of entry into force of this Act, existing responsibilities for commercial shipping companies shall remain unaffected. Unofficial table of contents

Section 122 Local and factual and local competence

(1) The Federal Ministry of Labour and Social Affairs, with the consent of the Federal Council, may, by means of a regulation with the consent of the Federal Council, be responsible for the factual responsibility of the professional associations in the manner and object of the companies, taking and the capacity of the professional cooperatives and the local authority. If existing responsibilities are changed, the legal regulation must regulate the extent to which the previously responsible professional cooperative has to transfer resources and funds from the reserve to the now responsible professional association. (2) Unless otherwise specified, each professional association shall remain competent for the types of undertakings for which it has so far been responsible, as long as a regulation adopted in accordance with paragraph 1 does not otherwise regulate the competence of the profession.

Second subsection
Responsibility of the Agricultural Trade Association

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Section 123 Competence of the Agricultural Trade Association

(1) The agricultural trade association is responsible for the following undertakings (agricultural undertakings), unless the third subsection gives the public accident insurance institutions the responsibility of the public authorities:

1.

Agriculture and forestry enterprises, including horticulture and winegrowing, fish farming, pond management, lakes, brook and river fishing (inland fishing), beekeeping, and the aims of nature and environmental protection Countryside care,

2.

undertakings in which farm animals or farmed animals are held for the purposes of rearing, fattening or the production of animal products without soil management;

3.

agricultural and forestry contractors,

4.

Park and garden maintenance as well as cemeteries,

5.

Hunts,

6.

the Chambers of Agriculture and the Professional Associations of Agriculture,

7.

undertakings which are directly responsible for the protection, monitoring or promotion of agriculture;

8.

social insurance for agriculture, forestry and horticulture and their other facilities, as well as the supplementary pension fund and the supplementary pension scheme for agriculture and forestry workers.

(2) Agricultural undertakings within the meaning of paragraph 1 shall not be

1.

House and ornamentals,

2.

other allotments within the meaning of the Federal Act on Small Gardening Act of 28 February 1983 (BGBl. 210), as last amended by Article 5 of the Law of 21 September 1994 (BGBl I). 2538),

unless they are regularly or substantially farmed with a particular workforce, or their products are not primarily used for their own household. (3) The Federal Ministry of Labour and Social Affairs may, in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection with the consent of the Bundesrat, with the consent of the Federal Council, shall determine that companies other than those referred to in paragraph 1 shall also be considered as agricultural undertakings, if these mainly of agriculture and forestry. (4) Companies that are due to of the General Decisions of the Reich Insurance Office on the entry into force of this book belong to an agricultural professional association, shall be considered as agricultural undertakings. The Federal Ministry of Labour and Social Affairs, in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection, can summarize these companies in a legal regulation with the consent of the Federal Council. In so doing, the competences may also be determined by way of derogation from the decisions of the Reich Insurance Office, insofar as this is necessary in order to ensure that related company types are uniformly applied to the agricultural trade association or to the commercial professional cooperatives. Unofficial table of contents

Section 124 Components of the agricultural enterprise

The agricultural undertaking shall include:

1.

the households of the entrepreneurs and the persons employed in the enterprise, where the budgets are essential for the enterprise,

2.

The farmer's construction work for the business sector,

3.

Work to be carried out by entrepreneurs on the basis of a public service obligation as agricultural entrepreneurs.

Third Subsection
Responsibility of the Public Accident Insurance Institutions

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§ 125 Jurisdiction of the Federal and Railways accident insurance

(1) The accident insurance scheme is responsible for the federal government and the railway.

1.

for the companies of the federal government,

2.

for the Federal Employment Agency and for persons insured pursuant to Article 2 (1) (14) (a),

3.

for the occupational health insurance companies of the federal government,

4.

for persons working in civil protection or taking part in training events in civil protection, unless there is a competence in accordance with the rules applicable to accident insurance institutions in the country and in the municipal sector,

5.

for the volunteers working in the communities of the German Red Cross, as well as for others with the German Red Cross, with the exception of health care and welfare companies,

6.

for persons who

a)

In accordance with Article 2 (3), first sentence, point 2 (a),

b)

in accordance with Article 2 (3), first sentence, point (2) (b),

7.

for persons insured under Section 2 (3), first sentence, point 1, if the representative is a representative of the Federal Government,

8.

for persons insured pursuant to § 2 (3) sentence 1 no. 3,

9.

for persons insured pursuant to § 3 (1) no. 3.

(2) The accident insurance scheme is also responsible for the federal government and the railway.

1.

for the federal railway assets,

2.

for Deutsche Bahn AG and for those of the Company pursuant to Section 2 (1) of the Deutsche Bahn Founding Act of 27 December 1993 (BGBl. 2378, 2386) of the affiliated companies,

3.

for the enterprises,

a)

which have been outsourced to undertakings within the meaning of point 2 pursuant to Article 3 (3) of the Deutsche Bahn Founding Act,

b)

the majority of the undertakings referred to in point 2 are controlled; and

c)

which directly and predominantly provide rail services or operate railway infrastructure or serve these purposes, such as auxiliary undertakings,

4.

for the railway insurance institutions and those in the annex to section 15 (2) of the Federal Railways Restructuring Act of 27 December 1993 (BGBl. I p. 2378; 1994 I p. 2439) and the self-help institutions other than those referred to in the Annex to B (6) and for the provision of health care for the Bundesbahnofficers Facilities,

5.

for magnetic levitation railway undertakings in public transport.

(3) The Federation may join for individual companies of the otherwise competent professional cooperative. It may exit from the professional cooperative at the end of a calendar year. In agreement with the Federal Ministry of Labour and Social Affairs and the Federal Ministry of Finance, the Federal Ministry for Labour and Social Affairs and the Federal Ministry of Finance decide on the entry and exit. (4) The Federal Government can provide a company with a legal status in its own right , from the responsibility of the professional association under the responsibility of the accident insurance company, the federal and regional authorities, if it is predominantly involved in the company or if it has a decisive influence on its organs. Companies that are operated economically should not be taken over. The acquisition may be revoked and the transaction is to be revoked if the conditions of the first sentence are no longer available. The provisions of the third sentence of paragraph 2 shall apply mutatily to the acquisition and revocation. The acquisition shall take effect at the beginning of the following, revocation to the end of the current calendar year. By way of derogation from sentence 5, the transaction, which shall be declared in the calendar year of the establishment of a company, shall be effective at the start of the enterprise. Unofficial table of contents

§ 126 (omitted)

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Section 127 Responsibility of the Post Office and the Telekom

The accident insurance company Post and Telekom is responsible

1.

for the Bundesanstalt für Post und Telekommunikation Deutsche Bundespost (German Federal Post Office),

2.

for the joint stock companies resulting from the special assets of the Deutsche Bundespost,

3.

for the companies that

a)

have been outsourced from undertakings within the meaning of point 2 and are predominately controlled by them, or

b)

have been outsourced from the undertakings within the meaning of point (a) and are predominately dominated by them

and directly and primarily carry out post-, post-banking or telecommunications tasks or serve these purposes such as auxiliary undertakings,

4.

for the occupational social institutions and in the self-help institutions of the Federal Office for the Post and Telecommunications (Bundesanstalt für Post und Telekommunikation Deutsche Bundespost), which are recognised by statute,

5.

for the Bundesdruckerei GmbH and for the companies it has been affiliated with, provided that they are predominately controlled by Bundesdruckerei GmbH and are mainly used for their purposes as secondary or auxiliary companies,

6.

(repealed)

7.

for the Museum Foundation Post and Telecommunications,

8.

the Bundespost-operative health insurance fund according to § 7 of the Postal Social Insurance Organization Act (THE BKK POST).

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Section 128 Competence of the German Accident Insurance Institutions in the Land sector

(1) The accident insurance institutions in the country area are responsible

1.

for the companies of the country,

1a.

for enterprises operating in an independent legal form and in which the country

a)

directly or indirectly, in the case of limited liability companies, the majority of the capital shares are, or

b)

in the case of other undertakings, the majority of the votes in the institution responsible for the management and management of the undertaking shall be united,

2.

for children in day-care facilities of free youth assistance and in other private day-care facilities recognised as non-profit-making in the sense of tax law, as well as for children by appropriate day-care persons within the meaning of § 23 of the Eighth of the book,

3.

for pupils at private general and vocational schools,

4.

for students at private universities,

5.

for persons insured pursuant to section 2 (1) (3), in so far as the measure has been initiated by a national authority,

6.

for persons who are active in cases of accident or participate in training events of such institutions,

7.

for persons insured pursuant to Article 2 (1) (13) (a) and (c),

8.

for persons insured under the second sentence of section 2 (2),

9.

for persons acting in the same way as employees for non-professional holders of vehicles or horse riding,

10.

for persons insured under Section 2 (3), first sentence, point 1, if the representation of a country is concerned,

11.

for insured persons in accordance with § 3 (1) no. 4.

(2) The national governments may, by means of a legal regulation, determine the responsibility of the accident insurance institutions in the municipal sector for the insured under paragraphs 1, no. 6, 7, 9 and 11. (3) (omitted) (4) (omitted) (5) A country shall have the right to Municipal administration, the rule on the responsibility of the accident insurance institutions in the municipal sector shall apply accordingly.

Footnote

(+ + + § 128 (1) 1a: For the application, see § 218d F 2008-10-30 + + +) Unofficial table of contents

Section 129 Competence of the accident insurance institutions in the municipal sector

(1) The accident insurance institutions in the municipal sector are responsible

1.

for the enterprises of the municipalities and associations of municipalities,

1a.

for enterprises operating in a separate legal form and in which municipalities or associations of municipalities

a)

in the case of limited liability companies, directly or indirectly the majority of the capital shares; or

b)

in the case of other undertakings, the majority of the votes in the institution responsible for the management and management of the undertaking shall be united,

2.

for households,

3.

for construction work not carried out on a commercial basis (non-commercial construction work), if the individual planned construction work is not actually used more than the weekly working time in force in the main building industry; several not commercial construction works shall be combined if they are to be attributed to a uniform construction project; the number 1 and the sections 125, 128 and 131 shall remain unaffected,

4.

for persons insured pursuant to section 2 (1) (3), in so far as the measure has been initiated by a municipality,

5.

for persons who receive benefits from social assistance institutions in support and activation in accordance with Article 11 (3) of the Twelfth Book,

6.

for persons insured pursuant to section 2 (1) No 16,

7.

for carers who are insured pursuant to § 2 (1) no. 17.

(2) (omitted) (3) (omitted) (4) Paragraph 1 (1a) shall not apply to:

1.

transport undertakings, including port and transhipment operations,

2.

Electricity, gas and water works and

3.

Companies that operate seafaring.

Paragraph 1 (1) and (1a) shall not apply to agricultural undertakings of the type referred to in Article 123 (1) (1), (4) and (5).

Footnote

(+ + + § 129 (1) 1a: For the application, see § 218d F 2008-10-30 + + +) Unofficial table of contents

§ 129a responsibility for joint participation of the federal government, the Länder, municipalities or community associations in companies

(1) In order to determine the conditions for the responsibility of accident insurance institutions in the state or in the municipal sector, capital companies of the Federal Government, the Länder, the municipalities and the municipal associations shall be responsible for the determination of the conditions for the participation of such institutions. Companies operating in an independent legal form are to be combined. (2) In the case of a joint capital contribution by the Federal Government, the Länder, the municipalities or associations of associations of companies, the responsibility is governed by the following rules: majority share capital. (3) With the same capital contribution of the federal government and Countries and with the same share of capital from the federal government and the municipalities or associations of municipalities to capital companies, the determination of the competence shall be determined by mutual agreement. The agreement shall be established between the competent authority in each country and the federal government; § 125 (3) sentence 3 shall apply accordingly. If an agreement cannot be reached, the accident insurance institution is responsible in the state or in the local area. (4) With the same capital participation of countries to capital companies, the determination of the responsibility in the (5) With the same capital participation of countries and municipalities or associations of municipalities, the determination of the competence shall be determined by mutual agreement. (6) paragraphs 1 to 5 shall apply to other undertakings in an independent legal form with regard to the joint majority of the votes of the Federal Government, the Länder, the municipalities or the municipal associations in the institution which is responsible for the management and management of the undertaking, accordingly.

Footnote

(+ + + § 129a: For application cf. § 218d F 2008-10-30 + + +)

Fourth subsection
Common rules on jurisdiction

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Section 130 Local competence

(1) The local authority of the accident insurance carrier for a company shall be determined by the registered office of the company. If such a person does not exist, the place of residence or habitual residence shall be deemed to be the seat of the entrepre. In the case of a working group, the place of business shall be considered to be the registered office of the undertaking. (2) If a company does not have a registered office in the country, the entrepre has an authorised representative established in Germany, in the operation of a seagoing ship with a registered office in a domestic country. Seaport to be ordered. It shall have the obligations of the entrepre. The location of the company shall be deemed to be the place of business in the country, in the absence of such a place of residence or habitual residence of the authorised representative. If no authorised representative is appointed, the registered office of the company shall be Berlin. (2a) The provisions of this book shall be applied to an employment abroad for a company without a registered office in the territory of the country under national or international law. (3) Several persons shall have a seagoing ship, they shall appoint a joint authorised representative established in a domestic seaport. This has the obligations of the entrepre. (4) For persons who are insured pursuant to § 2 (1) (13) (a) and (c), the local jurisdiction depends on the place of the insured activity. If it is exercised abroad, the local jurisdiction shall be governed by the last place of residence or habitual residence of the insured persons in the country. If such a company does not exist, Berlin shall be deemed to be the place of the insured activity. (5) An agricultural undertaking shall extend to the districts of several municipalities within the meaning of section 123 (1) (1), it shall have its registered office where the common or the economic buildings serving its main purpose, or a forestry enterprise, where most of the forest land is located. Forestry land of various entrepreneurs is considered to be individual undertakings, even if they are subject to the same operating management. Unofficial table of contents

Section 131 Responsibility for auxiliary and subsidiary companies

(1) A company shall be responsible for the accident insurance institution to which the principal undertaking is a member (main undertakings, subsidiary undertakings, auxiliary undertakings) belonging to the same legal entity. Section 129 (4) remains unaffected. (2) The main company is the main focus of the company. Auxiliary companies mainly serve the purposes of other company components. Subsidiary companies pursue primarily their own purposes. (3) Paragraph 1 shall not apply to:

1.

In addition to auxiliary and auxiliary companies, which operate in the sea, which extend beyond local traffic,

2.

agricultural subsidiary companies with a size of more than five hectares, cemeteries, as well as subsidiary companies of the wine, garden and tobacco industries and other special crops, in a size of more than 0.25 hectares. The accident insurance institutions may make a different agreement for certain types of subsidiary undertakings or for certain categories of insured persons employed in them.

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Section 132 Responsibility for Accident Insurance Institutions

The accident insurance institutions are responsible for themselves and their own companies. Unofficial table of contents

Section 133 Responsibility for insured persons

(1) Where there are no derogations in this section, the responsibility for insured persons shall be determined by the responsibility of the undertaking for which the insured persons are active or to which they are responsible in a particular undertaking which: (2) If insured persons are left to a company by another undertaking, the responsibility for the insured persons shall be determined by the responsibility for the leaving company, provided that the company is responsible for the insurance policy. Payment of the pay of the pay is required. Unofficial table of contents

Section 134 Responsibility for occupational diseases

If, in the case of an occupational disease, the hazardous activity was carried out for several undertakings for which various accident insurance institutions are responsible, the responsibility for the company in which the risk-taking activity was last pursued is governed by the responsibility of the undertaking in which the , the accident insurance institutions may settle any further details, including deviating, by agreement. Sentence 1 shall apply in the cases of Section 3 of the Occupational Diseases Regulation. Unofficial table of contents

§ 135 Insurance according to several regulations

(1) The insurance in accordance with § 2 para. 1 no. 1 shall be subject to insurance

1.

in accordance with Article 2 (1) (2), where the insured persons participate in the training and further training on the initiative of the entreprred person in which they are employed,

2.

in accordance with Article 2 (1) (3), where the measures are carried out on the initiative of the entreptitious person in which the insured persons are employed,

3.

in accordance with Article 2 (1) (8), unless pupils are involved in the attendance of vocational schools,

4.

pursuant to Article 2 (1) (12), when the insured persons participate in the training event on the initiative of the entreprred person in which they are employed,

5.

in accordance with Article 2 (1) (13) (a) or (c), where the assistance is provided in the context of employment obligations,

5a.

in accordance with Article 2 (1) (14) (b), where the insured persons take part in a measure carried out by the trader in which they are employed,

6.

in accordance with Article 2 (1) (17),

7.

in accordance with Section 2 (2).

(2) The insurance as a self-employed person pursuant to § 2 (1) no. 5, 6, 7 and 9 shall be subject to the insurance in accordance with § 2 (1) No. 13 (a) or (c), unless the provision of assistance goes beyond a business serving the company's own enterprise. (3) The insurance Insurance in accordance with § 2 para. 1 no. 5, 9 and 10 is insured pursuant to § 2 para. 1 no. 17. The insurance in accordance with § 2 (1) no. 9 goes to the insurance in accordance with § 2 para. 1 no. 10. (4) The insurance of the spouse or life partner working in the agricultural enterprise pursuant to § 2 para. 1 no. 5 (a) goes to the insurance after § 2 para. 1 no. 16 the insurance company shall be insured pursuant to § 2 para. 1 no. 1. (5a) The insurance pursuant to § 2 para. 1 shall be insured pursuant to section 2 (1a) of the insurance. The insurance in accordance with § 2 (1a) goes to the insurance in accordance with § 2 para. 2 sentence 1. (6) In addition to paragraphs 1 to 5, an activity may be insured according to several provisions of § 2, the insurance shall be covered by the insurance policy. (7) Paragraph 6 shall apply in the case of insured activities in accordance with § 2 and at the same time in accordance with § § 3 and 6. The insurance in accordance with § 2 para. 1 no. 9 is insured pursuant to § 6 para. 1 no. 3. Unofficial table of contents

Section 136 communication on the competence, concept of the entrepre

(1) The accident insurance institution shall determine the beginning and the end of its responsibility for a company by written communication to the entreptier. A company is already beginning the preparatory work for the company. In the case of construction work which is not carried out on a commercial basis, the accident insurance institution can see from the determination of its competence by written notice. If the determination of the responsibility for a company was incorrect from the start or changes the responsibility for a company, the accident insurance institution of this institution shall transfer it to the competent accident insurance institution. The transfer shall be carried out in agreement with the competent accident insurance institution; it shall be notified to the trader by the surfacing accident insurance institution. (2) The determination of the responsibility was incorrect from the outset, if it had been It clearly contradicts the rules of jurisdiction or the detention of the communication would lead to serious inadequatability. A substantial change in the actual situation within the meaning of Section 48 (1) of the Tenth Book, which leads to a change of competence, is present if the company has been redesigned in a fundamental and permanent manner. This shall be the case in particular where the date of change in the actual circumstances is more than one year and since no change in competence has occurred since then, or if the change in the situation has not occurred. Competence is due to the consolidation, the integration or integration of the company's components. A change shall not be deemed to be essential if an auxiliary company is to be outsourced in its own legal form within the meaning of section 131 (2) sentence 2, but only serves the company whose component it was originally. Sentence 3 shall not apply if it is established that the actual circumstances justifying the change in competence shall be eliminated within a period of two years from the date of entry. If, within one year, the responsibility for a company has been established after the date of the date of the date on which a company has been identified, the responsibility of another accident insurance institution shall be established. Transfer even if the further conditions in the sentences 1 to 3 are not fulfilled and there is no case within the meaning of the sentence 5. (3) Entrepreneurs is

1.

the person to whom the result of the undertaking is directly associated with the pros or disadvantage,

2.

in the case of rehabilitation centres insured pursuant to section 2 (1) (2) or (15),

3.

in the case of insured persons pursuant to Article 2 (1) (2), (8) and (14) (b), of the subject-matter

4.

in the operation of a ship ' s ship ' s sea vessel,

5.

in the case of persons insured under Article 2 (1) (10) (a) or (b), who are acting on a voluntary basis for a private-law organisation or participate in training events for this activity, the local authority or public law the religious community, on whose behalf or with the consent of the person concerned, the activity is provided;

6.

in the case of a voluntary service under the Youth Voluntary Service Act or an International Youth Voluntary Service in accordance with Article 2 (3), first sentence, point 2 (c) of the authorised institution, or, if an agreement is reached pursuant to Article 11 (2) of the Youth voluntary service law, the application site,

7.

in the case of a service according to the Federal Voluntary Service Act, the application.

(4) Paragraph 1 sentence 1 shall not apply to public accident insurance institutions. Unofficial table of contents

Section 137 Effects of changes of jurisdiction

(1) If the responsibility for companies is transferred from one accident insurance institution to another in accordance with Article 136 (1) sentence 4, until the end of the calendar year in which the decision on the end of the competence of the previous one goes beyond the The accident insurance carrier becomes binding on the company, this accident insurance institution is responsible for the company. The accident insurance institutions can agree to deviate. (2) If the responsibility for a company or an enterprise component is transferred from one accident insurance institution to another, it is also applicable with regard to the Insurance cases which have occurred before the transfer of responsibility; the accident insurance institutions may agree to deviate from the agreement. Sentence 1 shall not apply if the responsibility for a company is transferred from the responsibility of the Federal accident insurance scheme to another accident insurance institution pursuant to Section 125 (1). Unofficial table of contents

Section 138 Information of insured persons

The operators shall inform the insured persons working in their undertakings of which accident insurance institution is responsible for the undertaking and at which place its office responsible for compensation is situated. Unofficial table of contents

Section 139 Preliminary jurisdiction

(1) If an accident insurance institution is of the opinion that an insurance case subject to compensation is available for which another accident insurance institution is competent, he shall provide provisional services in accordance with § 43 of the First Book, if the insurance institution is responsible for the insurance policy. (2) If an accident insurance institution is shown an insurance case for which it is considered to be responsible, the accident insurance institution shall not be responsible for its responsibility within 21 days. (2) is the responsibility of another accident insurance institution, he has shown the any further findings to the other accident insurance institution shall be made without delay. If the other accident insurance institution does not consider itself competent or if the responsibility cannot be resolved within 21 days, the former accident insurance institution shall have to take the further findings and (3) The accident insurance institution of the former accident insurance institution shall immediately inform the accident insurance institution of its decision pursuant to paragraphs 1 and 2. (4) The Accident insurance institutions are entitled to have a different agreement on the Responsibility for the provision of preliminary services referred to in paragraph 1 and for the implementation of the other findings referred to in paragraph 2 shall be taken. Unofficial table of contents

§ 139a German Accident Insurance Liaison Office-Abroad

(1) The German Social Accident Insurance e. V. takes the tasks

1.

the German Accident Insurance Liaison Office-abroad (liaison office) on the basis of national and international law, as well as

2.

the institution of the place of residence and stay on the basis of national law in the field of accident insurance

true. (2) In particular, the tasks referred to in paragraph 1 shall include:

1.

the conclusion of agreements with foreign liaison bodies;

2.

cost accounting with domestic and foreign bodies,

3.

the coordination of administrative assistance in cross-border situations;

4.

information, advice and information, and

5.

the recharging system.

(3) The liaison office shall, after the end of a calendar year, submit to all the German institutions of the statutory accident insurance the material and personnel costs incurred by the performance of their duties. It can ask for advances on the situation.

Third Section
Other insurance institutions

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§ 140 Liability insurance and foreign insurance

(1) The Agricultural Trade Association may, for those entrepreneurs and those in liability, whose registered office is in the local and factual area of responsibility of an existing one on 31 December 2012 (2) The accident insurance institutions can continue to operate this insurance. (2) The accident insurance institutions may be responsible for the insurance against liability under the provisions of this insurance scheme. By order of the representative assembly, insurance against accidents , persons who are not already insured in the sense of this book are set up in connection with employment at a domestic company abroad. (3) Participation in the insurance shall be made on request the businessman. The funds of the insurance are provided by the entrepreneurs who are affiliated to the insurance. The decisions of the representative assembly relating to the institutions shall be subject to the approval of the supervisory authority. Unofficial table of contents

Section 141 Institutions of insurance institutions, supervision

(1) The liability insurance and foreign insurance institution is the institution of the accident insurance institution. The supervisory authority responsible for the accident insurance institution is responsible for supervision, with the exception of the specialist supervision. (2) The accident insurance institution may also have the liability and foreign insurance cover in the form of a legally competent institution of the public Operate on the right. It may transfer its legal entity to another public-law body. Unofficial table of contents

Section 142 Joint bodies

(1) Accident Insurance Institutions, which have the same supervisory authority, may agree to set up joint foreign insurance institutions. (2) The agreement shall take effect at the beginning of a calendar year. The decisions of the representatives ' meetings on the agreement shall require the approval of the supervisory authority. Unofficial table of contents

§ 143 (omitted)

-

Fourth Section
Service

Unofficial table of contents

Section 144.

The representative assembly of the Accident Insurance Institution shall have appropriate conditions of entry and employment and the legal relationships of the employees, taking into account the principle of the establishment of a function in a proper way by means of a service order. , unless employees are employed in accordance with collective agreements or in non-tariff terms. This does not apply to accident insurance institutions with a dientability within the meaning of § 2 of the Federal Civil Service Act or § 2 of the Staff Status Act. Unofficial table of contents

§ 145 Regulations in the Code of Service

The Rules of Service shall govern the consequences of non-compliance with obligations and the responsibility for fixing them. Further legal disadvantages, in the light of the right to disciplinary action for civil servants, must not be provided for. Unofficial table of contents

Section 146 Violation of the Code of Service

If a service contract is contrary to the service regulations, it shall be void in that respect. This shall not apply if the contradiction between the service contract and the service order is based on a change in the order of service to the detriment of the employee, which has entered into force after the conclusion of the contract. Unofficial table of contents

Section 147 List and amendment of the official order

(1) The Executive Board of the Accident Insurance Institution must consult the Staff Committee before drawing up the Service Regulations. (2) The Regulations require the approval of the Supervisory Authority. (3) If the approval is denied and will be subject to the specified deadline, the (4) The provisions of paragraphs 1 to 3 shall apply mutatily to changes in the regulations of the service. Unofficial table of contents

§ 147a Service remuneration of the managing directors of the commercial professional associations and the social security insurance for agriculture, forestry and horticulture

(1) The remuneration of the remuneration of the directors or of the directors or of the chairpersons of the management of the professional cooperatives may be paid in accordance with the terms of the service order or the contractually agreed remuneration of the managing directors of the commercial professional associations. of the following grades shall not exceed:


Commercial Maximum vocational training limit

1.	Professional association for transport and transport	Grade B 6
2.	Professional association Energy textile electrical media products	Grade B 7
3.	Professional association Trade and distribution of goods	Grade B 7
4.	Professional association Food and hospitality	Grade B 7
5.	Professional cooperatives Raw materials and chemical industry	Grade B 7
6.	Professional association for health service and welfare	Grade B 8
7.	Professional cooperative of the construction industry	Grade B 8
8.	Professional cooperatives wood and metal	Grade B 8
9.	Administrative-Professional Cooperative	Grade B 8

(2) For the Managing Director or the Managing Director or the Chairman or Chairman of the Management Board of the Social Insurance for Agriculture, Forestry and Horticulture, grade B 7 is the highest grade of remuneration. (3) Deputy Managing Director or Deputy Managing Director, members of a management board and senior technical supervisors shall each be at least one grade lower than the managing director or the managing director or the chairman of a Management. (4) For the contractually agreed remuneration within the meaning of paragraph 1, the upper limit is the basic salary plus the family allowance of level 2. Unofficial table of contents

§ 148 Service law provisions for the accident insurance Federal and German railways

(1) The accident insurance scheme of the Federal Government and the Railways possesses the ability to provide services within the meaning of Section 2 of the Federal Civil Service Act. The officials are federal officials. The Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) appoes the Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) and, on a proposal from the Executive Board of the German Federal accident insurance, is responsible for the Federal and German Railways (Bundesbahn). Officials. It may delegate its power to the Executive Board with the right to transfer this power in whole or in part to the managing director. (3) Supreme Service Authority for the Managing Director and his deputy is the Federal Ministry for Economic Affairs and Development (BMWB). Labour and social affairs, for the other officials the Executive Board of the accident insurance company Bund und Bahn, who can transfer his or her powers in whole or in part to the managing director. Unofficial table of contents

Section 149 General provisions for the Accident Insurance of the Post Office and the Telekom

(1) The Post and Telekom accident insurance company has the ability to provide services within the meaning of Section 2 of the Federal Civil Service Act. The officials are federal officials. In the case of the accident insurance, the maximum permissible limits for transport offices which are permissible pursuant to section 26 (1) of the Federal Law on Injuries can be exceeded, insofar as this is necessary because of the requirements associated with the functions. The provisions for employees of the Confederation with special supplements shall apply to employees and workers, insofar as this is necessary because of the requirements associated with the functions. (2) The Federal Ministry of Finance appoinds and On a proposal from the Board of Management of the Accident Fund, the officials shall It may delegate its power to the Executive Board with the right to transfer this power in whole or in part to the managing director. (3) Supreme Service Authority for the Managing Director and his deputy shall be the Federal Ministry of the (4) Without prejudice to paragraphs 1 and 2, the Federal Ministry of Finance and the Board of Directors of the Swiss Post and Telekom Board of Accident Insurance shall be responsible for the transfer of the funds to the Executive Board of the Supervisory Board. Companies, for whose insured persons the accident insurance company Post and Telekom supports the Accident insurance is, for the task performance of the accident insurance company Post and Telekom required personnel to provide for reimbursement of expenses. This applies in particular to civil servants and employees who are responsible for the post and telecom accident insurance, including monitoring and prevention at the Federal Post Office for Accident Insurance or the Federal Post Office for Accident Insurance. Central Office for Occupational Safety and Health in the Federal Office of Post and Telecommunications. The law on the transfer of workers does not apply.

Sixth chapter
Application of appropriations

First section
General provisions

First subsection
Obligation to contribute

Unofficial table of contents

Section 150 Contributors

(1) The entrepreneurs who are insured with the company or to which insured persons are insured in a special relationship based on insurance are responsible for the contribution. The entrepreneurs insured pursuant to § 2, as well as those insured pursuant to § 3 (1) (1) and (6) (1), are themselves subject to the obligation to contribute. For insured persons according to § 6 (1) sentence 2, the respective organisation or the respective association is subject to the obligation to contribute. The same applies in the cases of § 6 (1) sentence 3. (2) In addition to the entrepreneurs, there is a contributor

1.

the contracting entities, in so far as they are responsible for the payment of remuneration, as far as they are in the form of intermediate masters and those who

2.

the shipowners, as far as the operation of seagoing vessels is carried out by other operators or is operated on seagoing vessels by other undertakings.

The persons referred to in the first and second sentence of the first sentence and those referred to in Article 130 (2), first sentence, and (3) shall be held liable with the entrepreneurs as total debtors. (3) For the liability of the employee, § 28e (2) and (4) of the Fourth In accordance with § 28e (3a) to 3f and § 116a of the Fourth Book, the book and the contribution liability for the execution of a service contract in the construction sector shall apply mutadentically. The subcontractor or the distributor appointed by the subcontractor shall submit a qualified safety certificate issued by the competent accident insurance institution for the purpose of proving in accordance with Article 28e (3f) of the Fourth Book, which shall include in particular: Information on the parts of the company registered with the accident insurance institution and of these associated wage sums of the subcontractor or of the distributor appointed by it and the orderly payment of contributions. (4) In the event of a change of The person of the entrepre shall be the previous entrepre and Successor to the end of the calendar year in which the change was indicated, to pay the contributions and related services as the total debtor. Unofficial table of contents

Section 151 Advisory service for occupational medical and safety services

The means for the devices according to § 24 shall be applied by the entrepreneurs who are connected to these facilities. The statutes shall determine the extent to which the appropriations are to be applied and on the maturity.

Second subsection
Contribution level

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Section 152 Reposition

(1) The contributions shall be fixed at the end of the calendar year in which the contribution claims are based on the basis of the transfer. The transfer shall cover the needs of the previous calendar year, including the amounts necessary to collect the reserve and the administrative assets. In addition, contributions may only be levied for the purpose of supplying the operating resources. (2) By way of derogation from paragraph 1, the contributions shall not be subject to construction work carried out on a commercial basis (non-commercial construction work) outside the levy. (3) The Articles of Association may determine that the expenses for insured persons who, within the meaning of Article 2 (1) (9), second alternative, are employed free of charge, in particular on a voluntary basis in the administration of the welfare, outside the levy referred to in paragraph 1 the companies and institutions of the welfare service are being relocated. Unofficial table of contents

Section 153 Calculation bases

(1) The calculation basis for the contributions shall be, unless otherwise indicated in the following provisions, the financial requirements (levy duty), the earnings of the insured persons and the danger classes. (2) The remuneration of the insured persons (3) The statutes may stipulate that the calculation of contributions shall be at least equal to the salary equal to the minimum annual work service for the insured person, which shall be the 18. They have completed their life year. If the insured persons were not employed during the whole calendar year or not all day, a corresponding part of this amount shall be used. (4) As far as pension charges are carried out in accordance with section 178 (2) and (3), the following shall remain with the Calculation of contributions for companies according to § 180 (2). To the extent that pension charges are carried out jointly pursuant to § 178 (2) (2) and (3) (2), they shall be applied to the companies exclusively in accordance with the insured person's earnings in the company, taking into account the free amount pursuant to Article 180 (1). Relocated. Unofficial table of contents

Section 154 Calculation bases in special cases

(1) The calculation basis for the contributions of the law insured self-employed persons, entrepreneurs, spouses and life partners insured under the statutes and the voluntarily insured persons according to § 6 para. 1 no. 1 and 2 shall be replaced by the Labour fees of the Force Statutes certain annual work earnings (insurance sum). If the insurance starts or ends in the course of a calendar year, the calculation of contributions shall be based on only a corresponding part of the annual work earnings. For the calculation of the contributions of the voluntarily insured persons according to § 6 (1) no. 3 and 4, § 155 applies accordingly. The contributions are levied for a full month. (2) As far as the professional association for transport and transport is subject to average rates of pay or income, these are the determining factors. The Articles of Association of the Professional Association for Transport and Transport can determine that the calculation of the contribution to the annual earnings of insured persons who do not operate as a crew member is only partly based on the part of the contribution. (3) The calculation basis for the contributions is in the cases of § 152 (3) of the financial needs required for these persons and the remuneration of the insured persons of the companies and institutions of the welfare care. Unofficial table of contents

§ 155 Contributions by number of insured persons

The articles of association may stipulate that the contributions shall be calculated on the basis of the number of insured persons in the light of the risks to which they are insured, rather than on the basis of the number of insured persons. The basis for the identification of the risk risks are the performance expenses. Section 157 (5) and 158 (2) shall apply accordingly. Unofficial table of contents

Section 156 Contributions to a working wage divided into working hours

The articles of association may stipulate that the remuneration for the calculation of the contributions shall be based on the number of hours worked or on the average for the work in question by general empirical values. The amount of work hours is calculated at a maximum of the 2,100 hours worked. Part of the reference size is determined. Unofficial table of contents

Section 157 Dangerous Tariff

(1) The accident insurance institution shall set a risk tariff as an autonomous right. The risk tariff classification shall be used for the classification of the contributions. For the shipping companies referred to in Article 121 (2), the Berufsgenossenschaft für Transport und Verkehrswirtschaft shall be able to determine hazard classes. (2) The Dangerous Tariff shall be broken down according to subheadings in which risk groups shall be classified in accordance with Risk exposure shall be constituted by taking into account an insurance-based risk equalisation. For non-professional construction work, a tariff site with a hazard class may be provided. (3) The hazard classes shall be calculated from the ratio of the benefits paid to the work charges. (4) The Dangerous Tariff has a provision on the To lay down the classes of danger or to calculate the contributions for non-foreign-owned subsidiary undertakings. The calculation bases of the accident insurance carrier, to which the subsidiary companies would belong as main companies, must be taken into account. (5) The risk tariff has a validity of no more than six calendar years. (6) (omitted) Unofficial table of contents

§ 158 Approval

(1) The risk tariff and any modification shall be subject to the approval of the supervisory authority. (2) The accident insurance institution shall inform the supervisory authority at the latest three months before the end of the period of validity of the risk tariff of the supervisory authority. If the Dangerous Tariff is not established or is not approved in a time-limit set by the Supervisory Authority, the Supervisory Authority shall issue it. § 89 of the Fourth Book. Unofficial table of contents

§ 159 disposition of the companies to the hazard classes

(1) The accident insurance institution shall give undertakings for the tariff period according to the risk tariff to the hazard classes. Sentence 1 shall not apply to non-professional construction works. (2) For the obligation to provide information for the entrepreneurs, § 98 of the Tenth Book shall apply mutagenally, with the proviso that the obligation to provide information and the obligation to provide such information shall also apply to information and documents relating to: the operating conditions necessary for the assessment of the companies to the hazard classes. In so far as the entrepreneurs fail to comply with their obligation to provide information, the accident insurance institution shall make the assessment according to its own assessment of the operating conditions. Unofficial table of contents

Section 160 Amendment of the apportionment

(1) In the event of changes in the company, the accident insurance institution lifts the assessment notice with the beginning of the month following the change notification by the entrepreneurs. (2) A decision of the assessment shall be taken with effect for the In the past,

1.

the assessment has resulted in too low a hazard class or has been maintained at too low a hazard class, because the operators have not complied with their notification obligations or have not complied with them in good time, or because their information is essential have been inaccurate or incomplete,

2.

the apportionment to an excessive danger class is not to be represented by the entrepreneurs.

(3) In all other cases, an apportionment notice shall be repealed with the beginning of the month following the announcement of the amendment modestly. Unofficial table of contents

Section 161 Minimum contribution

The statutes may stipulate that a uniform minimum contribution shall be levied. Unofficial table of contents

§ 162 Surcharges, Discounts, Awards

(1) In the light of the insurance cases to be displayed, the industrial associations have to impose surcharges or to grant discounts. Insurance cases in accordance with § 8 (2) Nos. 1 to 4 shall remain out of approach. This shall determine the statutes, in which case it may take out insurance cases which arise from force majeure or the sole fault of persons who are not part of the company, and insurance cases on the grounds of business and occupational diseases. The amount of the surcharges and discounts shall be based on the number, the seriousness or the cost of the insurance cases or according to several of these characteristics. The Articles of Association may also determine that the non-notifiable insurance cases for the calculation of surcharges or discounts are also taken into account. The sentences 1 to 5 are also valid for the responsibility of the accident insurance scheme in accordance with § 125 (2) and for the accident insurance company Post and Telekom. The Agricultural Trade Association may, by statute, stipulate that, in accordance with the provisions of the Statute, 1 to 5 surcharges may be imposed or rebates granted. (2) The accident insurance institutions may, taking into account the effectiveness of the -grant premiums to entrepreneurs for the prevention of accidents at work and occupational diseases and to prevent work-related health hazards. In doing so, they should also take into account the measures taken in integration agreements (§ 83 of the Ninth book) (§ 84 of the Ninth book). (3) Paragraphs 1 and 2 do not apply to non-professional construction works. Unofficial table of contents

Section 163 Contribution grants for coastal fishing

(1) In the case of inshore fishing companies whose entrepreneurs are insured under Article 2 (1) (7), the countries with coastal districts shall have to pay in advance the contributions to the contributions; the amount of the grants shall be provided by the Federal Insurance Office. in consultation with the supreme administrative authorities of the coastal counties. The grants are for each country according to the amount of the annual earnings of the insured persons working in these companies, using the budget proposal of the professional cooperative for transport and transport (2) Countries may distribute contributions to the municipalities or associations of municipalities in accordance with the amount of the annual earnings earnings of insured persons in coastal fishing enterprises operating in their district. (3) Inshore fishing within the meaning of paragraph 1 shall be

1.

the operation with high-sea utters of up to 250 cubic metres of space, coastal debris, fishing boats and similar vehicles,

2.

fishing without a vehicle on the waters referred to in § 121 (3) (1) to (3).

Third Subsection
Advance payments and security benefits

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Section 164 Contribution advance and security benefits

(1) In order to secure the contribution income, the accident insurance institutions can collect advances up to the level of the expected annual requirements. (2) The accident insurance institutions can, if they change the person of the entreprent or in the case of a change of attitude, be able to the company shall fix a contribution payment or, on request, a security benefit. The details shall be determined by the Statute.

Fourth subsection
Transfer Procedure

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§ 165 Nachweise

(1) In order to calculate the transfer within six weeks after the end of a calendar year, the entrepreneurs have to report the earnings of the insured persons and the hours worked in the division required by the accident insurance institution (Proof of wages). The statutes may extend the period referred to in the first sentence. It can also determine that the entrepreneurs have to provide further information necessary for the calculation of the circumstances. (2) The entrepreneurs do not have commercial construction works to calculate the contributions a proof of the statutes of the articles of association , must be submitted in the time limit required by the accident insurance institution. The accident insurance institution may prescribe a certain form for the proof referred to in the first sentence. (3) Insofar as the entrepreneurs do not make the information, not in time, incorrect or incomplete, the accident insurance institution may make an estimate. (4) The operators shall have the following information on the information provided for in the In the case of a contract of service or contracts in the construction industry, the operator shall keep separate records in such a way as to ensure that the employees, who are responsible for the assignment of the contract, shall be responsible for the assignment of the contract. Work fees and hours worked by the insured persons to the respective A service contract or a contract of work is guaranteed. Records shall be kept for a period of at least five years. Unofficial table of contents

§ 166 Information obligation for entrepreneurs and monitoring of contributions

(1) § 98 of the Tenth Book, § 28p of the Fourth Book and the Contribution Procedures Regulation shall apply mutagenically to the obligation to provide information for entrepreneurs and the monitoring of contributions, in accordance with the condition that the duty of advance and the provision of such information shall be subject to the The operator and the audit and supervisory authority of the accident insurance institutions shall also cover information and documents relating to the operating conditions for the assessment of the undertakings and for the allocation of the fees of the insured persons. (2) The examination referred to in paragraph 1 shall be carried out by employers is carried out by the institutions of the pension insurance on behalf of the accident insurance in the course of their examination according to § 28p of the Fourth Book. Companies in which the contribution made for the preceding year before the examination in accordance with Section 168 (1) has not exceeded an amount equal to 1.5% of the reference quantity, are in this case up to one by the accident insurance institution except for the sample to be determined. Sentence 1 shall not apply,

1.

in so far as the amount of the contribution in accordance with § § 155, 156, 185 (2) or (4) does not depend on the amount of the work charges,

2.

if the accident insurance institution has determined the end of its responsibility for the company by a communication in accordance with Article 136 (1).

Entrepreneurs who do not have to carry out an examination in accordance with § 28p of the Fourth Book will examine the accident insurance institutions; for this, they determine the test distances. The accident insurance institutions may carry out the examination referred to in paragraph 1 themselves if there are indications that the entrepre has not reported work fees or has not reported them to the correct class of danger. The pension insurance institution responsible for the examination shall be informed of the start and of the outcome of the examination. (3) The details of the size of the sample referred to in the second sentence of paragraph 2 and on the nature, scope and date of the transmission of the Information on the companies excluded from the test shall be regulated by the German Social Accident Insurance e. V. and the Deutsche Rentenversicherung Bund in an agreement. The institutions of the pension insurance will receive a flat-rate compensation for the monitoring of contributions from the institutions of the accident insurance scheme, with which all costs incurred will be paid. The amount is regularly reached by agreement between the German Social Accident Insurance e. V. and the Deutsche Rentenversicherung Bund. The German Statutory Accident Insurance e. V. shall examine the fulfilment of the tasks of the institutions of the pension insurance scheme in accordance with the first sentence of paragraph 2. Unofficial table of contents

Section 167 Contribution calculation

(1) The contribution shall be derived from the work charges to be taken into account, the hazard classes and the contribution foot. (2) The contribution foot shall be calculated by dividing the transfer fee by the contribution units (work fee x danger classes). Non-profit-making units of enterprises are not taken into account; for these enterprises, the contribution is calculated on the basis of the contribution foot of the last financial year. (3) The details of the contribution calculation shall be determined by the Statute. Unofficial table of contents

Section 168 Contribution notice

(1) The accident insurance institution shall inform the contributor in writing of the contribution to be paid by them. (2) The notification of contributions shall, with effect for the past, be waived for the benefit of the contributor only if the person responsible for the contribution has been granted.

1.

the assessment of the company with respect to the hazard classes is subsequently amended,

2.

the wage record contains incorrect information or the estimate proves to be incorrect,

3.

the application in accordance with section 157 (6) contains incorrect or incomplete information or is not available.

If the notice of contributions is waived on the basis of the findings of an examination in accordance with § 166 (2), it is not necessary to have a hearing by the accident insurance institution in accordance with § 24 of the Tenth Book, insofar as the facts in the case of the annulment of significant facts in the (3) The statutes may stipulate that the employers have to calculate their own contribution; it regulates the procedure for the purpose of determining the as well as the maturity of the contribution. (4) For companies not commercial Construction work will be determined as soon as the claim has been made and the amount is known. Unofficial table of contents

§ 169 (omitted)

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§ 170 Contribution payment to another accident insurance institution

In so far as the remuneration is already included in the proof of pay for another accident insurance institution and the contributions which are attributable to this remuneration are paid to the accident insurance institution, there is up to the level of the paid contributions shall not be entitled to payment of contributions. The accident insurance institutions shall determine among themselves who the paid contribution is due to.

Fifth Subsection
Operating resources, reserve and administrative assets

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Section 171 Appropriations of the Accident Insurance Institutions

The funds of the accident insurance institutions cover the operating resources, the reserve and the administrative capacity. Unofficial table of contents

Section 172 Operating appropriations

(1) Operating equipment may only be used

1.

for tasks provided for by law or by the statutes, as well as for administrative costs,

2.

for the repleniation of the reserve and for the formation of administrative assets.

(2) The resources shall be available to the extent necessary and shall, moreover, be so liquitable that they are available for the purposes referred to in paragraph 1. They shall not exceed the expenditure of the previous calendar year on 31 December of the current calendar year. Unofficial table of contents

§ 172a Backsheet

(1) In order to ensure its performance, the accident insurance institution shall, as a matter of priority, be able to no longer compensate for fluctuations in intake and expenditure by the use of the operating resources, as well as to stabilise the contribution to form a reserve. It shall be established in such a way as to be available for the purposes set out in the first sentence. (2) The reserve shall be at least twice the average monthly expenditure of the previous calendar year and up to a maximum of four times the amount of the total. average monthly expenditure of the previous calendar year; reference date for the measurement is 31 December of the current calendar year. (3) Until the reserve has reached the minimum level provided for in paragraph 2, it shall be subject to an annual Amount equal to 1.5% of the expenditure of the previous calendar year (4) The Supervisory Authority may, at the request of the Accident Insurance Institution, authorise the reserve to be collected up to a lower level or to receive higher, lower or no amounts. (5) The interest from the reserve shall be shall flow until it has reached the minimum level resulting from paragraph 2. Unofficial table of contents

§ 172b Administrative assets

(1) The administrative capacity of the accident insurance institution shall comprise:

1.

all the assets to be used for the management of the accident insurance provider, including the funds to be made available for the purchase and renewal of those assets;

2.

--------------------

3.

the resources to be made available for the future payment of pensions and aid to staff and their survivors,

4.

the special assets formed to finance future liabilities or investments;

insofar as they are necessary for the performance of the tasks of the accident insurance carrier. Funds for the acquisition, construction, expansion and conversion of properties owned by their own businesses, as well as the non-profit institutions of the accident insurance institutions or other non-profit institutions supported by participations or loans may be used only on the basis of the additional condition that these projects are also required, taking into account the total needs of all accident insurance institutions. (2) Other property investments shall also be considered as administrative assets. on the basis of a legal obligation or authorisation to the extent that they are not to be assigned to operating means or to the reserve. Unofficial table of contents

§ 172c Age provisions

(1) Accident Insurance Institutions are obliged to provide old-age provisions for the employees who are employed by them and who are guaranteed a right to be supplied in accordance with the rules or principles of civil service law, in the EU. The old-age provisions cover pension expenditure and aid. The obligation also exists if the accident insurance institutions have directly committed themselves to the benefits of occupational retirement provision in relation to their collective wage-earn; (2) The provisions may only be used appropriately. (3) The Federal Ministry of Labour and Social Affairs is authorized, in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection, to increase the amount of the allocation rates required for the retirement provision, for payment methods the allocations, to check the level of the allocation rates, and for the investment of the cover capital by means of a legal regulation with the consent of the Bundesrat. The Federal Ministry of Labour and Social Affairs may, with the consent of the Federal Council, delegate the power of sentence 1 to the Federal Insurance Office by means of a legal regulation. Legal regulations, which are enacted in accordance with the second sentence, require a hearing of the German Social Accident Insurance (Deutsche lawliche Unfallversicherung e. V. and the Agricultural Trade Association (Berufsgenossenschaft) and are in agreement with the Federal Ministry of Labour and Social Affairs and the Federal Ministry of Food, Agriculture and Consumer Protection.

Sixth subsection
Merging and sharing of the burden, division of the compensation burden in cases of occupational diseases, claims for reimbursement of the agricultural trade association

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Section 173 merging and division of the burden

(1) The commercial professional cooperatives may agree to share their compensation burden in whole or in part. It will be agreed on how to distribute the common burden on the involved professional cooperatives. The agreement shall require the approval of the representatives ' meetings and the approval of the supervisory authorities of the professional cooperatives involved. It may only be effective at the beginning of a calendar year. (2) If an agreement under paragraph 1 does not come into effect and it appears necessary to prevent the performance of a professional cooperative from endangering the performance of the contract, the Federal Ministry of Labour and Social Affairs, with the consent of the Bundesrat, with the consent of the Federal Council, it is determined that professional cooperatives share their compensation burden for one calendar year in whole or in part, or that they temporarily do not provide support for the professional cooperative, and the details of the distribution of the burden and the level of assistance. (3) The share of the professional association in the common burden shall be distributed among the entrepreneurs, such as the amounts of compensation to be paid by the professional association under this Act, provided that the (4) Applies pursuant to § 130 (2) sentence 4 as the registered office of the company Berlin, the accident insurance institution responsible for the compensation may be subject to the other factual but not locally competent To demand compensation for accident insurance institutions. The accident insurance institutions regulate this by agreement. Unofficial table of contents

Section 174 Division of the compensation burden for occupational diseases

(1) In the cases of § 134, the accident insurance institution responsible for the compensation may request compensation from the others. (2) The amount of the compensation provided for in paragraph 1 depends on the ratio of the duration of the hazardous activity in (3) The accident insurance institutions shall regulate the details by agreement; in doing so, they may choose a distribution scale differing from paragraph 2, provide for a flat-rate compensation or you're going to see a balance. Unofficial table of contents

Section 175 The claims for reimbursement of the agricultural insurance cooperative

If a country-based company is temporarily insured with an insurance case and another accident insurance institution other than the Agricultural Insurance Association is responsible for its main professional activity, it shall reimburse the accident insurance institution the agricultural trade association, the benefits which go beyond what has to be stressed in the agricultural sector by the same work.

Seventh-Subsection
Distribution of charges between the professional associations

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Section 176 Principle

The commercial professional associations shall jointly bear their pension liabilities in accordance with the following provisions. Unofficial table of contents

Section 177 Definitions

(1) Pension liabilities are the expenses of the professional cooperatives for pensions, death grants and severance payments. (2) compensatory year is the calendar year for which the pension burden is borne jointly. (3) Neurents of one year are the pension burden of the Compensatory year for insurance cases for which, for the first time or in one of the previous four years, a pension, a death grant or a severance payment have been established. Severance payments shall be reduced to the total amount which would have been paid in the case of current pension payments up to the end of the fourth year after the year of the first determination of the pension; (4) Pension value of a professional association is the expenditure to be expected in accordance with actuarial principles until the end of their term of validity, without interest and without taking into account pension adjustments for the pension scheme. such insurance cases for which, for the first time in the compensatory year, pensions, death grants or severance pay (5) The total amount of a professional cooperative is the contributor to the contributions and the sums insured. (6) Part of the remuneration of a professional cooperative is the ratio of their payout sum to the total amount of the remuneration. Professional cooperatives. (7) Latency factor of a professional association is the ratio of the share of the remuneration in the compensatory year to the share of the remuneration in the 25. Year which preceded the equalisation year. (8) The exemption factor for a professional cooperative is the ratio of the total amount of the remuneration to be paid in accordance with section 180 (2). (9) occupational disease-Neurenten-Load rate of one in a The collective bargaining authority is the ratio of the occupational diseases-Neurenten of the danger community to their payout sum. Unofficial table of contents

Section 178 Joint traits of pension liabilities

(1) Each professional cooperative bears annually a pension burden of 5.2 times its neurents for accidents at work and 3.4x of their number of neurents weighted by the latency factor for occupational diseases. The values set out in the first sentence shall be redefined if the sum of the pension values differs by more than 0.2 for occupational accidents, or 3.5 times the number of all occupational accidents, of 5,5 times the number of occupational diseases. The fixing shall be valid for a maximum of six calendar years. The values shall be redefined for the first time for the 2014 compensatory year. (2) In so far as the pension costs for accidents at work exceed the loads to be borne in accordance with paragraph 1, the professional cooperatives shall bear the exceeding amount in accordance with the following conditions: together:

1.

30 percent according to the ratio of their exposure-factor-weighted neuruls for work accidents and

2.

70 per cent according to the ratio of the earnings of their insured persons.

(3) In so far as the pension burden for occupational diseases exceeds the loads to be borne in accordance with paragraph 1, the professional cooperatives shall jointly bear the exceeding amount in accordance with the following conditions:

1.

30 percent according to the ratio of their neurularities for occupational diseases weighted with the product of exemption and latency factor

2.

70 per cent according to the ratio of the earnings of their insured persons.

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Section 179 Special arrangements for exceptional burdens

(1) Neurents for occupational diseases of a subheading shall not be considered to be a neurent within the meaning of section 177 (3), to the extent that:

1.

the occupational diseases-Neurenten-Load rate of the tariff site exceeds a value of 0.04,

2.

The occupational diseases-Neurenten of the collective bargaining office at the occupational diseases-Neurenten of all professional cooperatives are at least 2 per cent and

3.

the tariff office has passed unchanged at least twelve calendar years.

If the tariff agency is dissolved, the first sentence shall continue to apply if the conditions set out in points 1 and 2 are otherwise fulfilled. (2) The amount to be jointly borne by the professional cooperatives pursuant to Article 178 (2) and (3) shall be covered by the pension charges. In addition, the costs of rehabilitation for accidents at work and occupational diseases to be allocated to a tariff site, if:

1.

at least 2 per cent of the total pension burden of all occupational cooperatives, the total pension burden of the tariff unit,

2.

the compensation burden of the tariff agency is at least 75 per cent of the amount of the fee to be allocated to it; and

3.

the tariff office has passed unchanged at least twelve calendar years;

until the end of the year 2031, this shall also apply to the pro rata administrative and procedural costs to be allocated to the tariff agency. If the tariff agency is dissolved, the first sentence shall continue to apply if the conditions set out in points 1 and 2 are otherwise fulfilled. The costs of the rehabilitation according to the first sentence of the first section of the third chapter, including benefits under the Ninth Book, are the expenses of the Professional Cooperative for Benefits. The compensation burden referred to in the first sentence of point 2 is the expenses for rehabilitation according to sentence 3 and for pensions, death grants, subsidies and severance payments. The administrative and procedural costs referred to in the first sentence shall be determined in accordance with the ratio of the compensation burden of the subheading to the compensation burden of all the collective bargaining offices of the professional cooperative. If the ratio of the compensation burden of the tariff unit to the compensation burden for all industrial associations is a lower administrative cost, it should instead be based on the same. It shall be assigned to the costs to be distributed in each case pursuant to section 178 (2) and (3) in relation to the compensation costs of the collective bargaining office for accidents and occupational diseases. Unofficial table of contents

§ 180 Free amounts, non-profit-making companies

(1) For the purposes of the application of Section 178 (2) (2) and (3) (2), each company shall be subject to an annual amount equal to six times the reference quantity for the calendar year for which the compensation is to be carried out. The allowance shall be rounded up to a total of EUR 500. (2) In addition, the sums paid by undertakings shall not be considered for commercial construction work, as well as for charitable, charitable and ecclesiastic institutions. Unofficial table of contents

Section 181 Implementation of the compensation

(1) The Federal Insurance Office shall carry out the burden-sharing according to § 178 after the end of the compensation year. To this end, it shall determine the amounts to be equated and shall calculate the proportion of compensation which is attributable to the individual professional cooperative. The balance of payments on the basis of the amounts to be equated shall be effected by direct payments of the compensatory persons to the professional cooperatives eligible for compensation after receipt of the certificate. (2) The professional cooperatives have the Federal Insurance Office by 20 March of the calendar year following the compensatory year, the information required for the calculation of the compensation. Until 31 March this year, the Federal Insurance Office shall establish the respective compensation part in relation to the professional cooperatives. According to the provisions of the first sentence of Article 178 (1), the compensatory professional cooperatives pay the compensatory amount to be paid to them in accordance with paragraph 1 to 25 June of this year. (3) Federal Insurance Office under consideration of pension values to be reviewed. The Federal Ministry of Labour and Social Affairs is authorized to redefine the values pursuant to § 178 (1) sentence 1 by means of a regulation without the consent of the Federal Council. The power under the second sentence may be transferred to the Federal Insurance Office by means of a regulation without the consent of the Federal Council. Legal regulations issued in accordance with the third sentence require a hearing of the German Social Accident Insurance (Deutsche lawliche Unfallversicherung e. V. and in agreement with the Federal Ministry of Labour and Social Affairs. (4) The Federal Government has to the German Bundestag and the Bundesrat every four years until 31 December of the year following the compensatory year, for the first time up to the 31 December. (5) The professional cooperatives reimburse the Federal Insurance Office the administrative costs incurred in carrying out the equalisation. The Federal Insurance Office (Bundesversicherungsamt) has the administrative costs required for the implementation of the settlement in a flat-rate way according to the number of job vacancies. The calculation of the administrative costs shall be based on the Federal Government's staff costs, including the flat-rate flat rate. Additional administrative expenditure may be added in its actual amount. The distribution of the amount of the refund to the commercial insurance companies is based on their share of the payment volume for pension costs in the compensation year before the compensation is carried out. (6) Applies against the apportion modesty after the payment of the compensation Paragraph 2, including the administrative costs referred to in paragraph 5, shall not have suspensive effect.

Second section
Special provisions relating to agricultural accident insurance

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§ 182 Calculation bases

(1) The following paragraphs shall apply to the Agricultural Cooperative Society in place of the rules on the basis of calculation from the second subsection of the First Section. (2) Calculation bases for the contributions of the The agricultural trade cooperative is the levy, the area value, the labour demand, the work value or another comparable scale. The Articles of Association have to take account of the risks of accidents in companies, in particular through the formation of risk groups, when determining the bases for calculation; it may set a risk tariff for this purpose. An appropriate balance of solidarity must be ensured. In addition to the calculation bases according to the rates 1 and 2, the articles of association may lay down minimum contributions and calculation bases for basic contributions. (3) For enterprises without land management and for subsidiary undertakings of an agricultural sector. (4) The land value of the agricultural use shall be determined by multiplying the average per hectare of such use in the enterprise. the municipality or part of the municipality in which the areas are situated or the The establishment shall be based on the size of the land used in the undertaking (ownership and leasing areas), the statutes being able to provide for a maximum limit for the hectare value. The Articles of Association shall determine the details of the procedure and shall also have the necessary provisions concerning the determination of the area value for:

1.

forestry use,

2.

the Geringstland,

3.

the agricultural parts of hops and asparagus,

4.

the use of wine-growing and gardening,

5.

the pond economy and fish farming,

6.

other agricultural use.

(5) The need for work is estimated according to the average level of human work required for the enterprises, taking into account the types of culture, and the individual undertaking is assessed accordingly. The details of the assessment and the apportionment shall be determined by the statutes. The rate of assessment shall not exceed six calendar years; § § 158 and 159 shall apply accordingly. (6) Work value shall be the value of the work carried out by insured persons active in the undertaking in the calendar year. The Articles of Association shall determine the type and extent of the activity for which the working value is insured after the remuneration, the annual earnings, the minimum annual work service or the statutes. shall be determined. Insofar as the working value is measured according to the amounts laid down in the articles of association, § 157 (5) and § § 158 to 160 shall apply mutagentily. Unofficial table of contents

§ 183 Reaction procedure

(1) The following paragraphs shall apply to the Agricultural Cooperative Society, instead of the provisions relating to the transfer procedure from the fourth subsection of the First Section. (2) The details of the contribution calculation shall determine the (3) Agricultural entrepreneurs who are employed by insurance-free persons or persons who, as a result of this activity, are insured with another accident insurance institution other than the Agricultural Insurance Association (Agricultural Insurance Association) shall grant a reduction of the contribution on request. (4) The statutes may determine that and under which conditions agricultural entrepreneurs of small enterprises with a low risk of accidents will be exempted wholly or in part from contributions. (5) The agricultural professional association 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.

(5a) In order to ensure that the contribution is made, the Agricultural Trade Association shall collect advances up to the level of the estimated annual needs. At least three due dates shall be fixed for the payment of the advances. The Articles of Association regulate the detailed rules on the maturity of contributions and advances as well as the procedure for payment. (5b) The contribution and advances shall be drawn up by means of direct debit. (6) Entrepreneurs shall be responsible for the agricultural and agricultural activities of the To provide information on the company, working and wage relationships, to the extent that this is important for the calculation of contributions; the details of the association shall determine the statutes. Section 166 (1) shall apply accordingly; the examination intervals shall be determined by the agricultural professional cooperative. In so far as the entrepreneurs do not make the information, not in time, not correct or not complete, the agricultural professional association may make an estimate. The entrepreneurs are to give the agricultural trade association an authorisation to enter the contribution and advance the advances. Unofficial table of contents

Section 183a Accountable on the use of funds

In its member magazine and comparable electronic media, the Agricultural Trade Association has to account for the use of its funds in the previous year in a highlighted manner and in the form of full implementation of the funds in the previous year. and at the same time express their administrative expenditure separately as a proportion of the Hebeshings or of the contribution. Unofficial table of contents

Section 184 Backsheet

By way of derogation from Article 172a (2), the reserve shall be at least equal to the average monthly expenditure of the previous calendar year and not more than twice the average monthly expenditure of the preceding calendar year. Calendar year. Until it reaches this level, it will be allocated an annual amount of 0.5 per cent of the expenditure of the previous calendar year. The provisions of Section 172a (4) shall apply. Unofficial table of contents

§ 184a (omitted)

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§ 184b (omitted)

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§ 184c (omitted)

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§ 184d (omitted)

Third Section
Special provisions for public accident insurance institutions

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§ 185 municipal accident insurance associations, accident insurance funds of the Länder and municipalities, joint accident insurance funds, fire brigade accident insurance funds

(1) § § 150, 151, 164 to 166, 168, 172, 172b and § § 150, 151, 164 to 166, 168, 172, 172b shall be found in the regulations of the First Section of the municipal accident insurance associations, the accident insurance funds of the Länder and municipalities, the joint accident insurance funds and the fire brigade accident insurance funds. (172c) on the obligation to provide contributions, advances and security benefits, the transfer procedure and the resources, administrative assets and age provisions in accordance with the following paragraphs. To the extent that the contribution survey for the current year takes place, the statutes may determine that the contribution burden is requested in partial amounts. (2) For insured persons pursuant to § 128 (1) Nos. 2 to 9 and 11 and § 129 (1) No. 3 to 7, contributions shall not be made. collected. The expenses for these insured persons shall be converted in accordance with the powers laid down in these rules to the country, the municipalities or the congregation associations, determining in the case of the joint activities established in accordance with Article 116 (1), second sentence, Accident insurance funds the national governments by means of a decree law, who bears the expenses for insured persons pursuant to § 128 paragraph 1 no. 6, 7, 9 and 11. In the case of joint accident insurance funds, separate groups of relays for the national sector and the municipal area must be formed in accordance with the responsibilities laid down in sections 128 and 129. For companies according to § 128 para. 1 no. 1a and § 129 para. 1 no. 1a, joint redistribution groups may be formed. In the case of the Association of Accident Insurance Institutions in accordance with § § 116 and 117, the same legal regulations for a transitional period of no more than twelve years may each be divided into separate subgroups for the previous areas of competence of the (3) The statutes may stipulate that expenditure on certain types of undertakings shall be relocated only to the operators concerned. For the municipalities as entrepreneurs, groups can also be formed according to the number of inhabitants. (4) The amount of the contributions depends on the number of inhabitants, the number of insured persons, or the work charges. The Articles of Association shall determine the scale of contributions and shall determine the details of its application and shall be able to determine a uniform minimum contribution. The contribution rate for small employees in private households, which have been reported in accordance with Section 28a (7) of the Fourth Book of the Catchment Office, amounts to 1.6 per cent of the respective pay for the year 2006. The Federal Ministry of Labour and Social Affairs is authorized to regulate the contribution rate by means of a legal regulation with the consent of the Federal Council in accordance with the following provisions. The contribution rate for 2006 shall be applicable until such time as it is to be redefined in accordance with the rules on the fixing of the rates of contributions in accordance with § 21 of the Fourth Book. The German Statutory Accident Insurance e. (5) The Articles of Association may determine that the contributions shall be graded according to the degree of risk of danger, taking into account the performance expenses; § 157 (5) and § 158 shall apply accordingly. The articles of association may also stipulate that, taking into account the insurance cases which have suffered pursuant to section 2 (1) (1) and (8) of the insured person, the company shall, in accordance with the principles of § 162, impose surcharges, grant rebates, or Premiums shall be granted. Unofficial table of contents

Section 186 expenses of the accident insurance scheme Federal and German railways

(1) Within the scope of Section 125 (1), the provisions of the First Section shall apply § § 150, 152, 155, 164 to 166, 168, 172, 172b and 172c insofar as the following paragraphs do not provide for deviating. (2) The expenses incurred by companies in accordance with Section 125 (1) (3) and (4) shall be relayed to the operators concerned. Section 185 (5) shall apply accordingly. (3) The expenses of the accident insurance scheme Federal and German Railways for the insurance in accordance with § 125 (1) Nos. 1, 4, 6 (a), 7 and 8 shall be applied to the federal services. The Articles of Association shall determine to what extent these expenses shall be converted according to the number of insured persons or the work charges and to what extent the risk of risk shall be taken into account in the light of the performance expenditure. The expenses for the insurance in accordance with § 125 (1) No. 2 shall be reimbursed by the Federal Employment Agency, the expenses for the insurance pursuant to § 125 (1) No. 5 of the Federal Ministry of Labour and Social Affairs, the expenses for the insurance after Section 125 (1) (6) (b) of the Federal Ministry for Economic Cooperation and Development and the expenses for the insurance pursuant to § 125 (1) No. 9 of the Federal Ministry for Economic Cooperation and Development (Bundesbund). The expenses for insured persons of the allied forces shall be reimbursed in accordance with the NATO troop statute and the additional agreements for their respective areas. In addition, the expenses of the accident insurance are borne by the Federal Ministry of Labour and Social Affairs under Section 125 (1) of the Federal Ministry of Labour and Social Affairs. (4) The Federal Ministry of Labour and the Federal Employment Agency pay the costs. quarterly in advance the charges on the expected expenses. The Federal Employment Agency (Bundesagentur für Arbeit) and the Federal Services of the Federal Republic of Germany have to provide the Federal Employment Agency with the information required for the refund and to provide information on request. Details of the implementation of the refund shall be laid down in the Statutes and a flat-rate refund may also be provided for administrative costs.

Fourth Section
Common rules

First subsection
Calculation principles

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Section 187 Calculation principles

(1) calculations shall be carried out to four decimal places. Monetary amounts are calculated to two decimal places. In this case, the last decimal place shall be increased by 1 if one of the numbers 5 to 9 would be obtained in the following decimal place. (2) In the case of a calculation to be made to full values, the value shall be increased by 1 if in the first four digits the value of the decimal point is increased by 1. (3) In the case of a calculation of sums of money for which an amount is expressly specified or determined in full euro, the amount shall be increased by 1 only if the first decimal place has a total amount of of the figures 5 to 9. (4) The amount to be paid for a part-period shall be obtained if the Total amount is multiplied by the period and divided by the total period. The calendar year is calculated with 360 days, the calendar month with 30 days and the calendar week with seven days. (5) In front of a division, the other calculations are first carried out. (6) (omitted)

Second subsection
Reducing the costs of administration and procedures

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§ 187a Reduction of the costs of administration and procedures in the agricultural accident insurance

(1) The Agricultural Insurance Association shall take measures to ensure that the annual administrative and procedural costs of the agricultural accident insurance are not more than EUR 95 million at the latest in 2016. The Social Insurance for Agriculture, Forestry and Horticulture shall submit a report on development to the Federal Ministry of Labour and Social Affairs and the Federal Ministry of Food, Agriculture and Consumer Protection until 31 December 2017. the administrative and procedural costs of the agricultural accident insurance scheme. The Federal Ministry of Labour and Social Affairs and the Federal Ministry of Food, Agriculture and Consumer Protection pass on the report to the German Bundestag and to the Federal Council and add an opinion. (2) In the investigation The administrative and procedural costs referred to in the first sentence of paragraph 1 shall not be taken into account in the provision of pensions and pensions for the pension age.

Seventh chapter
Cooperation of the accident insurance institutions with other service providers and their relations with third parties

First section
Cooperation between the accident insurance institutions and other service providers

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§ 188 Information obligation of the health insurance funds

The accident insurance institutions can request information from the health insurance companies about the treatment, condition as well as diseases and previous diseases of the insured person, insofar as this is necessary for the determination of the insurance case. They are intended to limit their request for information to such diseases or to such areas of diseases which can be linked to the insurance case in a causal relationship. The insured person may require the accident insurance institution to be informed of the data transmitted by the health insurance funds; § 25 (2) of the Tenth Book shall apply accordingly. The accident insurance institution shall draw the attention of the insured person to the right to be informed on request of the data transmitted by the sickness insurance funds. Unofficial table of contents

§ 189 appointment of a health insurance fund

Accident insurance institutions may commission sickness funds to provide them with cash benefits, and the details will be regulated by agreement. Unofficial table of contents

§ 190 obligation of the accident insurance institutions for the notification of pension insurance institutions when pensions are met

Where an accident insurance institution is provided for a insured person or a survivor who receives a pension from the statutory pension insurance scheme, pension or home care or changes in these benefits, the An accident insurance institution shall be notified without delay to the pension insurance institution; if a pension is paid, the measure of the reduction in the earning capacity shall be indicated.

Second section
Relations between the accident insurance institutions and third parties

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§ 191 Entrepreneurs ' obligation to support

The operators must support the accident insurance institutions responsible for their companies in the implementation of the accident insurance; the details of the articles of association are laid down. Unofficial table of contents

§ 192 Disclosure and disclosure requirements of entrepreneurs and builders

(1) Within one week of the start of the undertaking, the entrepreneurs shall have the competent accident insurance institution

1.

the nature and object of the undertaking,

2.

the number of insured persons,

3.

the opening day or the day of the preparation of the preparatory work for the enterprise; and

4.

in the cases of § 130 (2) and (3), the name and residence or habitual residence of the authorised representative

(2) The entrepreneurs have made changes to

1.

the nature and object of their undertakings, which may be relevant to the examination of the responsibility of the accident insurance institutions;

2.

Requirements for the assignment to the hazard classes,

3.

other basic principles for the calculation of contributions

inform the accident insurance institution within four weeks. (3) On request of the competent accident insurance institution, the operators shall also provide the information and submit the evidence to the competent accident insurance institution, which shall be required to comply with the statutory requirements. Tasks of the Accident Insurance Institution (§ 199) are required. If the school host is not an entreponator at a school, the host institution also has the obligation to provide information in accordance with the first sentence. (4) The former entrepreneurs and their successors have to change the persons of the entrepreneurs within four years. to report to the accident insurance institution after the change. The transfer of persons from the authorized agents shall be notified within four weeks of the change. (5) Bauherren shall be obliged, at the request of the competent accident insurance institution, to provide the information necessary for the fulfilment of the obligations of the competent accident insurance institution. The statutory tasks of the accident insurance carrier (§ 199) are required. These include:

1.

information as to whether and which non-professional construction work is carried out,

2.

Information on which entrepreneurs are responsible for the execution of the commercial construction works.

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§ 193 obligation to display an insurance case by the entrepreneurs

(1) Entrepreneurs shall notify accidents of insured persons in their undertakings to the accident insurance institution when insured persons are killed or injured in such a way that they become incapable of work for more than three days. The first sentence shall apply to accidents of insured persons whose insurance does not require either employment or self-employed activity. (2) In individual cases, operators shall have evidence that an occupational disease in the case of insured persons in their undertakings (3) In the event of accidents of the insured persons in accordance with § 2 (1) (8) (b) insured persons, the school host has to notify the accidents even if he is not an entrepre person. In the case of accidents of the insured persons according to § 2 (1) (15) (a) insured persons shall be the institution of the institution in which the inpatient or part-inpatient treatment or the inpatient, part-inpatient or outpatient services for medical rehabilitation (4) The notification shall be reimbursed within three days after the operators have become aware of the accident or of the points of reference for an occupational disease. The insured person may require the operator to leave a copy of the advertisement to him. (5) The advertisement shall be signed by the operating or personnel council. The operator shall inform the safety professional and the occupational physician of any accident or occupational disease indication. If the accident insurance institution requires information on the activities of insured persons to be ascertained whether an occupational disease is available, the entrepreneurs must immediately inform the establishment or staff council of this request for information. (6) (6) (7) In the event of an accident in undertakings subject to the general supervision of occupational safety and health, the trader has to send a copy of the notification of the authority responsible for the protection of occupational health and safety. In the case of accidents in companies subject to the supervision of the authorities, the copy must be sent to the lower competent authority. If an occupational disease is indicated, the accident insurance institution shall immediately send a copy of the notification to the national authority responsible for the medical employment protection system. If an occupational disease is indicated to the competent State authority responsible for the medical employment protection, it shall immediately send a copy of the advertisement to the accident insurance institution. (8) The Federal Ministry of Labour and Social Affairs shall determine the following: by means of a regulation, with the consent of the Bundesrat, the content of the display, its form and the manner in which it is transmitted, as well as the recipients, the number of persons required for the purposes of prevention and the initiation of a process of establishing a permanent position. and the content of the transcripts. (9) Accidents as referred to in paragraph 1, which are carried out during the journey have occurred on a seagoing ship, shall also be entered in the ship's diary and shall be briefly presented there or in an annex. If a ship's diary is not to be carried out, the skipper shall be required to prove the accidents in accordance with the first sentence in a special record. Unofficial table of contents

Section 194 Reporting obligation of the owners of seagoing vessels

The seagoing ships, which are to be put into service under the flag of the Federal Republic of Germany, have already registered the owners after their purchase or at the beginning of their construction of the professional cooperative for transport and transport. Unofficial table of contents

Section 195 Support and notification obligations of chambers and the authorities responsible for issuing a commercial or building permit

(1) Chambers and other groupings of entrepreneurs established as public bodies, associations and other groupings of which entrepreneurs are or have to belong to the law shall have the following: to assist accident insurance institutions in the identification of their associated companies and to provide them with information on the names and subject matter of these companies. (2) Authorities to whom the granting of a commercial permit or a a commercial authorization certificate shall have been Professional cooperatives on the German Social Accident Insurance e. V. upon receipt of an advertisement in accordance with the commercial order, to the extent that they are known to inform the names, date and address of the entrepreneurs, names, subject matter and date of opening and hiring of the companies. The same applies when a travel trade card is issued. In addition, paragraph 1 shall apply. (3) The authorities responsible for issuing a building permit shall have the name and address of the client, the place and the nature of the property, after the granting of a building permit, to the competent authorities responsible for the accident insurance. Construction work, the start of construction as well as the amount of the construction costs specified or determined in the building authorities ' procedure. In the case of construction projects which are not subject to construction permits, the same obligation applies to the authorities responsible for receiving the construction display or the construction documents. Unofficial table of contents

§ 196 obligations of notification of the ship's surveying and registration authorities

The Bundesamt für Seeschiffahrt und Hydrographie (Bundesamt für Seeschiffahrt und Hydrographie) shares every survey of a seagoing ship, the courts and authorities responsible for the management of ship registers and the International Maritime Registry inform the receipt of each application. Registration of a seagoing vessel and any registration of a seagoing vessel of the professional association for transport and transport shall be immediately followed. The same applies to all changes and deletions in the ship register. In the case of vehicles which are not entered in the register of ships, the administrative authorities and the fishing offices which give the seagoing vessels distinguishing signals shall have the same obligations. Unofficial table of contents

Section 197 Obligation to transfer further authorities

(1) By way of derogation from Section 30 of the Tax Code, the municipalities shall transmit data on the ownership and ownership of land to the Agricultural Trade Association for the purpose of the recovery of the contribution on request, in so far as the investigation is carried out by the (2) In an automated procedure, the financial authorities submit annually to the Agricultural Trade Association the Agricultural Trade Association (Agricultural Cooperative), which is responsible for the mechanical findings to be found

1.

the type-of-use comparison count, including individual areas with parcel labels,

2.

the comparative values of other uses,

3.

the surcharges and surcharges on the comparative values,

4.

the stock of livestock units;

5.

the individual yield values for subsidiary undertakings,

6.

the replacement economic value or the calculation basis for the calculation thereof, and

7.

the yield values for the mining country and the Geringstland region.

The Agricultural Insurance Association, the Agricultural Health Insurance Fund and the Agricultural Retirement Fund may use such data only for the purpose of determining the obligation to ininsurance, the contribution or the verification of pension rights. in accordance with the law on the retirement of farmers. If transmitted data are no longer required for the review in accordance with the second sentence, they shall be deleted immediately. (3) The Federal Ministry of Labour and Social Affairs is authorized to provide further information on the procedure for automated data transmission by Regulation of law in agreement with the Federal Ministry of Finance and the Federal Ministry of Food, Agriculture and Consumer Protection and with the consent of the Federal Council. The establishment of an automated retrieval procedure is excluded. (4) The industrial clean-up administration and the surveying administration provide the agricultural trade association and the financial authorities with an automated system. Retrieval procedures the respective machine-based operating, area, use, production and animal data as well as the other data stored for this purpose. The data transmitted may only be made by the Agricultural Insurance Association, the Agricultural Health Insurance Fund and the Agricultural Retirement Fund for the purpose of determining the insurance obligation, the contribution or the review of the Pension rights are used in accordance with the law on the retirement age of farmers and by the financial authorities for the purpose of determining the tax liability or the tax collection. If transmitted data are no longer required for the review in accordance with the second sentence, they shall be deleted immediately. The provisions of sentences 1 and 2 shall also apply to the offices of agriculture and land development, the veterinary administration and other bodies competent under national law, in so far as these tasks are carried out by those of the Agriculture and Rural Development Offices, Land development or veterinary administration. Unofficial table of contents

§ 198 The obligation to provide information for the property owners

On request, owners of land which are farmed or farmed by agricultural or forestry companies provide information on the size and location of the land, as well as the names and addresses of the land. To the extent that this is necessary for the contribution to the contribution.

Eighth chapter
Data protection

First section
Principles

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§ 199 Collection, processing and use of data by the accident insurance institutions

(1) The accident insurance institutions may only collect and store social data in so far as this is necessary for the performance of their legally prescribed or approved tasks. Their tasks are

1.

the determination of the competence and the insurance status;

2.

the provision of services under the third chapter, including verification of the performance requirements and the billing of benefits;

3.

the calculation, determination and collection of contribution calculation bases and contributions after the Sixth Chapter,

4.

the implementation of reimbursement and replacement claims,

5.

the prevention of insurance cases, the use of work-related health hazards and the provision of effective first aid in accordance with the second chapter;

6.

Research into risks and health risks for the insured.

(2) The social data may be processed or used only for the tasks referred to in paragraph 1, in the extent to which they are required. A use for other purposes is only permitted insofar as this is arranged or permitted by the legislation of the Social Code. (3) In the determination of the insurance case, the accident insurance institution is to provide information on diseases and Previous illness of the person concerned from other places or persons only when there is sufficient evidence of the causal relationship between the insured activity and the harmful event or the harmful effects of the injury (4) (omitted) Unofficial table of contents

§ 200 Restriction of the power of transmission

(1) Section 76 (2) no. 1 of the Tenth Book shall apply with the proviso that the accident insurance institution shall also draw attention to an opposition right existing in relation to another benefit institution, if it does not itself give an indication in accordance with § 76 2. No. 1 of the Tenth Book is required. (2) Before issuing a review order, the accident insurance institution shall appoint a number of experts to the insured person to choose from; the person concerned shall also be entitled to his right of objection pursuant to Article 76 (2) of the Tenth Book and to inform them about the purpose of the opinion.

Second section
Data collection and processing by doctors

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Section 201 Data collection and data processing by doctors

(1) Doctors and dentists who are involved in a medical treatment in accordance with § 34, collect, save and transmit to the accident insurance institutions data on the treatment and condition of the insured person and other persons. personal data, insofar as this is necessary for the purposes of medical treatment and the provision of other services, including verification of the performance requirements and billing of the services. In addition, they shall collect, store and transmit the data that was relevant for their decision to carry out a medical treatment in accordance with § 34. The insured person may require the accident insurance institution to be informed of the data transmitted by the doctors. Section 25 (2) of the Tenth Book shall apply accordingly. The insured person shall be informed by the doctors of the purpose of the survey, their obligation to provide information in accordance with sentences 1 and 2 as well as their right to sentence 3. (2) As far as the authorities responsible for medical employment protection and the health insurance companies data in accordance with paragraph 1 in order to carry out their duties, the data may also be transmitted to them. Unofficial table of contents

Section 202 Display obligation of doctors in case of occupational diseases

If doctors or dentists have reasonable grounds for suspecting that there is an occupational disease in the case of insured persons, they shall have this to the accident insurance institution or to the body responsible for medical employment protection in the person responsible for the notification of To immediately notify occupational diseases prescribed form (section 193 (8)). The doctors or dentists shall inform the insured of the content of the advertisement and to give them the accident insurance institution and the body to which they send the advertisement. Section 193 (7) sentences 3 and 4 shall apply accordingly. Unofficial table of contents

§ 203 The obligation to provide information for doctors

(1) Doctors and dentists who are not involved in a medical treatment according to § 34 are obliged to provide the accident insurance institution with information on the treatment, condition as well as on diseases and previous diseases of the accident insurance institution. To the extent that this is necessary for the treatment of medicinal products and for the provision of other services. The Accident Insurance Institution shall restrict the request for information on the determination of the insurance case to such diseases or to such areas of diseases which may be related to the insurance case in a causal relationship. Article 98 (2) sentence 2 of the Tenth Book applies accordingly. (2) The accident insurance institutions shall inform the insured person at a request for information in accordance with paragraph 1 as well as the right to be informed, upon request, of the data transmitted by the doctors. in good time. Section 25 (2) of the Tenth Book shall apply accordingly.

Third Section
Files

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Section 204 Establishment of a file for several accident insurance institutions

(1) The establishment of a file for a number of accident insurance institutions in the case of an accident insurance institution or with an association of the accident insurance institutions is permissible,

1.

to use data on administrative procedures and decisions in accordance with § 9 para. 2, thereby achieving a uniform assessment of comparable insurance cases by the accident insurance institutions, targeted measures of prevention , as well as to gain new medical-scientific findings on the further development of occupational disease law, in particular through own research or through participation in foreign research projects,

2.

to collect, process or use data in precautionary files, in order to ensure that insured persons who are or have been exposed to certain work-related health hazards are offered measures of prevention or participation, as well as findings concerning: workrelated health hazards and appropriate measures of prevention and participation can be obtained,

3.

to process data relating to accidents at work and commuting accidents in an accident documentation, and thereby to present scales of magnitude, priorities and developments in the burden of accidents in individual areas, in order to provide information on the improvement of the the prevention and participation of measures to participate,

4.

to process, use and to use data on administrative procedures and decisions on occupational diseases in an occupational disease documentation, thereby taking account of frequencies and developments in occupational diseases, as well as essential information on occupational diseases To present the effects and the consequences of the disease in order to gain insights into the improvement of prevention and participation measures,

5.

to use data on compensation cases in which benefits are provided for participation in a rehabilitation and participation documentation, and thereby to present the focus of the measures on participation, in order to provide information on the improvement of prevention and of participation in the measures to be taken;

6.

to use data on compensation cases in which pension benefits or services are provided in the event of death, to be used in a pension documentation, thereby providing information on the course of the pension and on improving prevention and the Measures to participate.

In the cases of the first and third sentences of the first and third sentences, § 76 of the Tenth Book shall not apply. (2) In the files referred to in paragraph 1, only the following data may be collected, processed or used by insured persons in accordance with the rates 2 and 3:

1.

the competent accident insurance institution and the competent State Labour Protection Authority,

2.

the file number of the Accident Insurance Institution;

3.

type and date, date and time, and indication of the insurance case,

4.

Nationality and information on the regional allocation of the insured persons and the year of birth and sex of the insured persons and the surviving dependabers,

5.

The family status and the insurance status of the insured persons,

6.

The profession of insured persons, their position in the working life and the nature of their activities,

7.

information on the company, including its membership number,

8.

the occupational history and the cause of injury in the workplace,

9.

the complaints and the diagnosis,

10.

decisions on recognition or rejection of insurance cases and benefits;

11.

costs and progress of services,

12.

the nature, location, history and outcome of precautionary measures or benefits;

13.

the pension insurance number, first name and surname, date of birth, date of birth, date of death and residence of the insured persons, as well as substantial findings and the planning of future preventive measures,

14.

Decisions (point 10), accompanied by the opinion of the experts, including in the administrative or social court proceedings, on the basis of the opinion.

In the files referred to in the first sentence of paragraph 1, the data referred to in the first sentence of the first sentence of 1 to 4, 6 to 10 and 14 may be processed or used. In the files referred to in the first sentence of paragraph 1, No. 3 to 6, only data set out in the first sentence of the first sentence of 1 to 12 may be processed or used. (3) The establishment of a file for several accident insurance institutions in the case of an accident insurance institution or an association of the Accident insurance institutions are also admissible in order to process the data to be transmitted by the caregivers and the private insurance companies in accordance with § 44 para. 2 of the Eleventh Book. (4) The establishment of a file for several Accident insurance institution in the case of an accident insurance institution or an association of the Accident insurance institutions shall also be permitted, where necessary, to obtain new information on the prevention of insurance cases or the use of occupational health hazards, and this purpose shall only be achieved by means of a common File can be reached for several or all accident insurance institutions. In the file according to sentence 1, personal data may only be processed in so far as the purpose of the file cannot be achieved without it. The Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) determines the nature of the insurance cases to be contravened and the occupational health risks to be averted, as well as the nature of the data, in a regulation which requires the approval of the Bundesrat. which may be processed or used in the file in accordance with the first sentence. Data referred to in the first sentence of paragraph 2 may not be stored in the file in accordance with the first sentence of paragraph 2. (5) The accident insurance institutions may submit data in accordance with paragraph 2 to the accident insurance institution or to the association which carries out the file. The data stored in the file referred to in paragraph 1, first sentence, no. 1 or 2, may be transferred from the file-leading authority to other accident insurance institutions to the extent that it is necessary for the performance of their legal tasks. (6) The An accident insurance institution or the association which establishes the file shall have the authority responsible for data protection or the body responsible under national law responsible for the control of the data protection authority in good time to set up a file referred to in paragraph 1 or (7) The insured person shall be informed prior to the first storage of his/her Social data in files referred to in the first sentence of paragraph 1 (1) and (2) on the nature of the stored data, the storage location and the purpose of the file by the accident insurance institution in writing. In doing so, he is to be informed of his right to information in accordance with § 83 of the Tenth Book. Unofficial table of contents

§ 205 (omitted)

Fourth Section
Other provisions

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Section 206 Transmission of data for research to combat occupational diseases

(1) A doctor or a member of another medical profession is empowered to submit personal data to the accident insurance institutions and their associations for a specific research project, provided that the following conditions are met and the approval of the research project has been publicly announced. The accident insurance institutions or the associations must inform the insured person or the former insured person in writing about the data transmitted and about the purpose of the transmission. (2) The accident insurance institutions and their associations may be required to: Collect, process and use social data from insured persons and previous insured persons, to the extent that this is

1.

for the implementation of a specific research project which aims to identify new occupational diseases or to improve prevention or participation in occupational diseases, and

2.

the purpose of this research project cannot be achieved in any other way, in particular by collecting, processing and using anonymized data.

The prerequisite is that the competent supreme federal or state authority has approved the collection, processing and use of the data for the research project. If the competent supreme federal authority grants permission, the Federal Medical Association and the Federal Commissioner for Data Protection must be heard, in the other cases, the State Commissioner for Data Protection and the Medical Chamber of the country. (3) Research projects may only be carried out if it is ensured that no person involved in decisions relating to social security benefits or their preparation processes the data collected for the research project or , accessible, or shared by access authorized users (4) The implementation of the research is to be separated from other tasks in organisational and spatial terms. The individual data transmitted may not be combined with other personal data. § 67c (5) sentence 2 and 3 of the Tenth Book remains unaffected. (5) If the accident insurance institutions or their associations do not carry out the research project on their own, the data may only be anonymized to the person responsible for the research project. shall be forwarded. If, after the purpose of the research project, it is to be expected that questions will be required for a part of the persons concerned, they shall be addressed to the person who transmitted the data in accordance with paragraph 1. Paragraph 2 shall apply in respect of those responsible for the research project. Paragraphs 3 and 4 shall apply accordingly. Unofficial table of contents

Section 207 Collection, processing and use of data for the prevention of insurance cases and work-related health hazards

(1) The accident insurance institutions and their associations may

1.

Data on substances, preparations and products,

2.

Operational and exposure data for risk analysis

collect, store, modify, delete, use and communicate with each other as far as this is necessary for the prevention of insurance cases and occupational health hazards. (2) Data referred to in paragraph 1 may be used for the protection of occupational health and safety (3) Data referred to in paragraph 1 may not be sent to any body or person outside the Member State or to the competent authorities responsible for the application of the provisions of the Chemicals Act. Accident insurance institutions and their associations, as well as the competent national authorities, where the trader proves that their dissemination could damage him or her business or business, and that the data are classified as confidential at the request of the entreprenter. Unofficial table of contents

§ 208 Information from Deutsche Post AG

Insofar as Deutsche Post AG performs the tasks of the accident insurance, § 151 of the Sixth Book shall apply accordingly.

Ninth chapter
Fines

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Section 209 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

of an accident prevention provision in accordance with section 15 (1) or (2), insofar as it refers to this fine for a certain amount of the offence;

2.

an enforceable arrangement in accordance with section 19 (1),

3.

does not tolerate a measure contrary to the second sentence of Article 19 (2),

4.

Contrary to § 138, the insured persons are not informed,

5.

Contrary to § 165 (1) sentence 1, contrary to § 165 (1) sentence 1 in conjunction with a statute according to sentence 2 or 3 or contrary to § 194, a notification is not made, not correct, not complete, not in the prescribed manner or not in time,

6.

Contrary to § 165 (2) sentence 1 in conjunction with a statute pursuant to § 34 (1) sentence 1 of the Fourth Book, there is no proof, not correct, not complete or not in good time,

7.

Contrary to Section 165 (4), a record is not kept or not held for at least five years,

7a.

Contrary to § 183 (6) sentence 1 in conjunction with a statute pursuant to § 34 (1) sentence 1 of the Fourth Book, information is not available, is not correct, is not complete or not in good time,

8.

Contrary to § 192 (1) (1) to (3) or (4) sentence 1, a communication does not make, not correct, not complete or not in good time,

9.

, contrary to § 193 (1) sentence 1, even in conjunction with sentence 2, para. 2, 3 sentence 2, para. 4 or 6, an advertisement is not reimbursed, not correct or not reimbursed in time,

10.

Contrary to § 193 (9), an accident does not enter into the ship's diary, does not represent or does not show in a special transcript, or

11.

Contrary to § 198 or 203 (1) sentence 1, information is not provided, not correct, not complete or not in good time.

In the cases of point 5, which relate to minor occupations in private households within the meaning of Article 8a of the Fourth Book, § 266a (2) of the Penal Code does not apply. (2) Administrative Offences are who as entrepreneurs (3) In the cases referred to in paragraph 1 (1) to (3), the administrative offence may have a fine of up to ten thousand euros, in the cases referred to in paragraph 2, with a fine up to a maximum of 10 thousand euro, with a fine of up to 10 000 euro. five thousand euros, in the other cases, with a fine of up to two thousand five hundred euros. Unofficial table of contents

Section 210 The competent administrative authority

The administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences is the accident insurance institution. Unofficial table of contents

Section 211 Cooperation in the prosecution and prosecution of administrative offences

In order to prosecutable and punt the administrative offences, the accident insurance institutions work in particular with the authorities of the customs administration, the Federal Employment Agency, the institutions responsible pursuant to section 6 (1) sentence 1 sentence 2 of the second book, or the in accordance with § 6a of the Second Book, approved municipal institutions, the health insurance funds as catchment points for social security contributions, the authorities referred to in § 71 of the Residence Act, the financial authorities, the authorities according to the law of the country for the persecution and Punish punishable offences under the Black Labour Law the competent authorities, the social assistance institutions and the national authorities responsible for the protection of occupational health and safety, if specific evidence is available in each case for

1.

Violations of the Black Labour Code,

2.

an employment or activity of foreigners without the required residence permit in accordance with § 4 (3) of the Residence Act, a residency or a Duldung entitling the holder to pursue employment, or a permit pursuant to § 284 Paragraph 1 of the Third Book,

3.

Infringements of the obligation to act pursuant to § 60 (1) sentence 1 no. 2 of the First Book against a service of the Federal Employment Agency, a institution of the statutory health, care or pension insurance, a No. 2 sentence in accordance with § 6 (1) sentence 1 the competent institution of the second book, or a municipal institution approved in accordance with section 6a of the second book, or a institution of social assistance or the obligation to notify pursuant to section 8a of the German Asylum Seekers Benefits Act,

4.

Violations of the law on the transfer of workers,

5.

Infringements of the provisions of the Fourth and Fifth Books and of this book on the obligation to pay social security contributions, in so far as they are related to the infringements referred to in points 1 to 4,

6.

Violations of tax laws,

7.

Violations of the Residence Act

. They shall inform the authorities responsible for the prosecution and prosecution, the institutions of social assistance and the authorities in accordance with Section 71 of the Residence Act. The information may also contain information on the facts required for the collection of contributions to the accident insurance. Medical and psychological data collected through an insured person shall not be transmitted by the accident insurance institutions.

Tenth chapter
Transitional justice

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Section 212 Principle

The provisions of the first and ninth chapters shall apply to insurance cases which enter into force after the entry into force of this Act, unless otherwise specified in the following provisions. Unofficial table of contents

Section 213 Insurance protection

(1) Entrepreneurs and their spouses who, on the day before the entry into force of this Act, were compulsorily insured pursuant to Section 539 (1) (3) or (7) of the Reich Insurance Code in the version in force at that time and which are not subject to the provisions of § 2 , remain insured, remain insured without the need for a voluntary insurance application. The insurance will be continued as a voluntary insurance company. It shall expire at the end of the month in which a written request for the termination of this insurance has been received by the accident insurance institution; § 6 (2) sentence 2 remains unaffected. (2) § § 555a and 636 (3) of the Reich Insurance Order in the Version of Article II (4) (12) and (15) of the Law of 18 August 1980 (BGBl. I p. 1469, 2218) shall also apply to insurance cases, which are valid in the period from 24 May 1949 to 31 December 1949. (3) § 2 (1) (16), as amended by Article 1 (2) (b) of the Accident Insurance Modernization Act of 30 October 1977. October 2008 (BGBl. 2130) shall also apply to insurance cases which have occurred in the period from 1 May 2007 to 4 November 2008. (4) § 12a also applies to health damage which occurred in the period from 1 December 1997 to 31 July 2012. In these cases, claims for benefits shall consist of the following date: 1 August 2012. Unofficial table of contents

Section 214 applicable also to previous insurance cases

(1) The provisions of the First and Fifth Section of the Third Chapter shall also apply to insurance cases which have occurred before the date of entry into force of this Act; this does not apply to the provision on benefits to beneficiaries in the Abroad. In the case of benefits for treatment and participation in working life which have already been claimed before the date of entry into force of this Act, until the end of those benefits, the provisions to be applied shall continue to be applied at the time of the The provisions relating to annual work earnings shall also apply to insurance cases which have occurred before the date of entry into force of this Act, if the annual work earnings after the date of entry into force of this Act For the first time or on the basis of § 90. The provision of § 93 of the annual earnings service for the insured persons of the agricultural professional cooperatives and their survivors shall also apply to insurance cases which have occurred before the entry into force of this Act; the Cash benefits shall be reestablished from the 1st July following the entry into force of this Act; the general protection regime shall remain unaffected. (3) The provisions relating to pensions, allowances, severance payments and additional benefits shall also apply to: Insurance cases which occurred before the date of entry into force of this Act if these services are to be fixed for the first time after the entry into force of this law. § 73 shall also apply to insurance cases which have occurred before the date of entry into force of this Act. (4) Insofar as the provisions relating to the proceedings, the data protection as well as the relationships of the insurance institutions to each other and to third parties are concerned. They shall also apply in respect of the insurance cases which have occurred before the date of entry into force of this Act. Unofficial table of contents

Section 215 Special provisions relating to insurance cases in the territory referred to in Article 3 of the agreement

(1) In order to take over the accidents and diseases which occurred before 1 January 1992 as accidents at work and occupational diseases according to the law of the statutory accident insurance, § 1150 (2) and (3) of the Reich Insurance Code (Reichsversicherungsordnung) in the day before the entry into force of this law. Section 1150 (2), second sentence, No. 1 of the Reich Insurance Code does not apply to insurance cases from the military service of former military service providers of the National People's Army of the German Democratic Republic. If, after 31 December 1991, these persons have an occupational disease which has arisen as a result of military service, the provisions of this book shall apply. (2) The provisions relating to annual work earnings shall not apply to insurance cases in the territory referred to in Article 3 of the Agreement, which entered into force before 1 January 1992; in respect of such insurance cases, Section 1152 (2) of the Reich Insurance Code shall continue to apply in the version in force on the day before the entry into force of this Act Subject to the proviso that the amount last adjusted on 1 July 2001 from § 1152 (3) For insurance cases in the area of responsibility of the Federal and German Accident Insurance pursuant to § 125 (1), which shall be subject to the provisions of 31 December 2002, the Federal Government and the European Union shall be responsible for the insurance policy. Article 85 (2) of the first sentence of the first subparagraph of Article 85 (2) of the EC Treaty, provided that the annual earnings service is not more than two times the reference value (West) in force at the time of the insurance case. (4) For insured persons on board seagoing vessels and § 1152 (6) of the Coastal Shipper and Coastal Fishing insured pursuant to section 2 (1) no. (5) The provisions of the General Insurance Code shall apply in the version in force on the day before the entry into force of this Act, provided that the provisions of the Reich Insurance Code referred to therein are replaced by Section 92 of this Book. (5) the adjustment of the amount of cash benefits dependent on the annual earnings and the amount and adjustment of the care allowance shall not apply to insurance cases in the territory referred to in Article 3 of the agreement; for such insurance cases § 1151 (1) and § 1153 of the Reichsversicherungsordnung (Reichsversicherungsordnung) in the on the day before To continue to apply in force with the proviso that the provisions of the Reich Insurance Regulations § 44 (2) and (4) as well as § 95 of this Book shall be replaced by the provisions of this Act. By way of derogation from the first sentence of 1 July 2001, the adjustment shall apply to the percentage by which pensions are changed from the statutory pension insurance scheme in the territory referred to in Article 3 of the agreement. Section 1151 (1) of the Reichsversicherungsordnung (Reichsversicherungsordnung) applies with the proviso that, as from 1 January 2002, the nursing home frame in the German mark shall be replaced by the caring frame in euros, by conversion of the amounts last adjusted on 1 July 2001 into euros. (6) For the determination and payment of pensions in the case of insurance cases which occurred before 1 January 1992, § 1154 of the Reich Insurance Code shall be in force on the day before the entry into force of this Act shall continue to apply, subject to the condition that the said § § 56 and 81 to 91 of this book occur. (7) For the determination and payment of benefits in the event of death, § 1155 (1) sentence 2 and 3, as well as para. 2 and 3 of the Reich Insurance Order in the on the day before The provisions of the Reich Insurance Regulations § 65 (3) and § 66 of this Book shall be replaced by the entry into force of this Act. If, on 31 December 1991, the right to a widow's pension, a widower's pension or an orphan's pension, in accordance with the law in force in the territory referred to in Article 3 of the Unification Treaty, the amount of that pension shall continue to be paid in the same way as the sum of the amount of that pension, as long as it is Amount of the pension which would result from § § 63 to 71 and from sentence 1. (8) The provision of § 1156 of the Reichsversicherungsordnung in the version valid on the day before the entry into force of this law is to be applied further. (9) (dropped) Unofficial table of contents

Section 216 Reference size (East) and current pension value (East)

(1) Where the provisions of this book relate to the annual work earnings or the death allowance to the reference quantity, the reference value for the territory referred to in Article 3 of the agreement (reference size (East)) shall be determined if it is a (2) As far as the provisions of this book are linked to the current pension value in the case of income statements for survivors ' benefits, the current pension value (East) shall be determined if the person entitled to his/her pension is habitual residence in the territory referred to in Article 3 of the agreement . Unofficial table of contents

Section 217 Inventory protection

(1) If a cash benefit which has been or should have been determined on the basis of the law applicable until the date of entry into force of this law is higher than it would be in accordance with this book, the person entitled shall be the higher performing . The first sentence shall apply in respect of the duration of a cash benefit. In the case of the members of the family who are insured pursuant to section 2 (1) (5) (b), the allowances paid so far are also to be taken into account in the case of serious injured persons. (2) § § 590 to 593, 598 and 600 para. 3 in conjunction with § § 602 and 614 the General Insurance Regulations, as amended on 31 December 1985, shall continue to apply where the death of the insured person has occurred before 1 January 1986. Section 80 (1) shall also apply where the death of the insured person has occurred before 1 January 1986 and the new marriage is concluded after the entry into force of this law. In the application of Section 65 (3) and Section 80 (3), § 617 (2) and (6) of the Reichsversicherungsordnung shall apply in the version valid on the day before the entry into force of this Act. Was on 31 December 1991 entitled to orphans ' pension for orphans, which is the 18. § 314 (5) of the Sixth Book is to be applied further accordingly. (3) Beneficiaries who were entitled to a child allowance before the entry into force of this Act for a child shall be entitled to the children's allowance in accordance with the conditions laid down in the § 583, taking into consideration § 584 (1) sentence 2, § 585, § 579 (1) sentence 2 and § 609 (3) of the Reich Insurance Code in the version valid on the day before the entry into force of this Act. (4) Article 1 § 9 para. 3 and Section 10 (1) sentence 2 of the Twenty-first Pension Adjustment Act of 25 July 1978 (BGBl. 1089) are to be applied for the adjustment of the cash benefits referred to in paragraph 95 above. Unofficial table of contents

§ 218 Countries and municipalities as accident insurance institutions

(1) If, after the law applicable on the day before the entry into force of this law, the Länder or municipalities are subject to accident insurance institutions, their implementing authorities for accident insurance shall be legally self-employed by 31 December 1997. To transfer accident insurance institutions. Until the date of transfer, the provisions of the Reich Insurance Order and the Fourth Book applicable to the implementing authorities shall be applied further in the version in force on the day before the entry into force of this Act; § § 128 and 129 shall apply from entry into force of this law. In this regard, the Länder and municipalities shall continue to be considered as accident insurance institutions. (2) In the case of the transfer of an executive authority of a country or of a municipality to an accident insurance, the representative assembly, the management board and the managing director of the Execution authorities perform the tasks of the representative assembly, the executive board and the managing director of the accident insurance fund until the end of the current parliamentary term. In the case of the transfer of the execution authorities of a country or of a municipality in joint accident insurance funds pursuant to § 116 (1) sentence 2 or in municipal accident insurance associations, the national governments may determine by means of a decree law that the Supervisory authority shall convene the members of the representative assembly of the Accident Insurance or the municipal accident insurance association without prejudice to the regulation of § 44 (2a) sentence 2 no. 3 of the fourth book. The second sentence shall apply if, at the same time as the transfer is made, a joint accident insurance fund or a common municipal accident insurance association of several countries is formed in accordance with Section 116 (2) or § 117 (2). (3) The rights and obligations of the Länder The accident insurance institutions referred to in the first sentence of paragraph 1 shall pass on to the accident insurance institutions or municipalities which have so far been exercised by the implementing authorities for accident insurance in accordance with Section 766 of the Reich Insurance Code. The national governments regulate this by means of legal ordinances. Unofficial table of contents

Section 218a Benefits of survivors

(1) If the spouse died before 1 January 2002 or if the marriage was closed before that date and at least one spouse was born before 2 January 1962, the provisions relating to pensions shall apply to widows or widows and severance payments to the spouse and the provision that:

1.

the right to a pension pursuant to section 65 (2) (2) without limitation to 24 calendar months exists,

2.

A pension pursuant to § 80 (1) of a pension pursuant to section 65 (2) no. 2 is not credited.

(2) If the spouse died before 1 January 2012, the provisions relating to pensions shall apply to widows or widows, with the proviso that the right to a pension pursuant to section 65 (2) (3) (b) above shall apply from the completion of the 45. Life year. If the spouse has died after 31 December 2011, the age limit of Section 65 (2) (3) (b) of Section 242a (5) of the Sixth Book shall apply accordingly. Unofficial table of contents

§ 218b (omitted)

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Section 218c Payment of current cash benefits at the beginning of 1 April 2004

(1) At the beginning of current cash benefits, with the exception of the last and transitional period, before 1 April 2004, they shall become due at the beginning of the month at the beginning of which the eligibility conditions are met; they shall be the last of the banking day of the Month that precede the month of maturity. Article 96 (1), second sentence, and 3 shall apply. (2) Paragraph 1 shall also apply to survivors ' pensions which are to be paid in connection with a pension for insured persons if the first-time retirement of the pension is before 1 April 2004. Unofficial table of contents

Section 218d Special responsibilities

(1) As a result of Section 128 (1) (1a), Section 129 (1) (1a) and (4) or § 129a, the responsibility for a company consisting of 1 January 2013 is changed, the latter is second alternative to the following sentence in accordance with Article 136 (1) sentence 4. (2) Paragraph 1 shall not apply. (2) Paragraph 1 shall not apply to the competent accident insurance institutions, as amended by Section 128 (1) (1a), (1) (1) (1a) and (4) of Section 129 (1), and (4) of this Article. for undertakings within the meaning of Section 128 (1) (1a) and Article 129 (1) (1a), which existed on 31 December 1996 , and in which there has been no substantial change within the meaning of Article 136 (1), second sentence, of the second alternative. Such changes are also essential, which occurred after 31 December 1996 and which give rise to a different jurisdiction under Section 128 (1) (1a), Section 129 (1) (1a) or § 129a. (3) Paragraph 1 shall not apply to undertakings (4) The German Social Accident Insurance e. (4) shall be taken into account as from 1 January 2013. (5) The German Social Accident Insurance (German Social Accident Insurance). V. examines the effects of the responsibility of the accident insurance institutions of the Länder and local authorities in accordance with Article 128 (1) (1a) and Article 129 (1) (1a) on the burden on the companies concerned by accident insurance contributions in relation to: of similar undertakings for which the commercial associations are responsible, and shall submit a report to the Federal Ministry of Labour and Social Affairs by 31 December 2013 on the outcome of the examination. The report also contains proposals to establish a level playing field for companies in the industrial sectors concerned, based on the differences between the competition and the rules laid down in the sixth chapter. Unofficial table of contents

§ 218e Transitional arrangements on the occasion of the transition of the monitoring of contributions to the institutions of the German Pension Insurance

(1) In so far as the transfer of the examination in accordance with § 166 (2) to the institutions of the pension insurance in respect of these personnel requirements is initiated, the institutions of the pension insurance may, to the appropriate extent, take over employees of the accident insurance institutions which are responsible for the 31 December 2009, wholly or predominantly, the employer's examination. The take-over takes place between 1 January 2010 and 31 December 2011. (2) The respective institution of the pension insurance scheme shall enter into the rights and obligations arising from the working and working conditions of the employees who have been transferred to the pension scheme in accordance with paragraph 1. Service relationships. With the date of the transfer, the contractual provisions, service agreements, service regulations or other agreements in force with the new employer are decisive. In the case of civil servants, the transfer shall be carried out by means of a transfer, without prejudice to the relevant provisions of official law. The periods spent in an employment relationship with a institution of the statutory accident insurance shall apply to the application of civil servants ' legal provisions, including legislation on employment and supply law, and collective agreements times spent at the German Pension Insurance. If employees are entitled to a higher pay due to a current collective agreement, they shall receive, as long as the activity of the employer's examination is still exercised, a compensatory allowance equal to the difference between the prior payment and the remuneration, which shall be granted in accordance with the rules laid down in the second sentence. The right to a compensatory allowance is no longer required as soon as a new collective agreement is agreed upon. (3) If the employees who have been employed are employees of the department, the receiving institution of the pension insurance and the pension insurance company shall not be entitled to compensation. the pension insurance institutions shall pay the pensions in proportion to the occurrence of the supply case. § 107b of the Staff Regulations of Officials shall apply mutadenticly. In the event of a transfer to the civil service, the transferred staff members shall be appointed within one year if they fulfil the necessary conditions of civil servant law. 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 service contract on the day preceding the appointment to the civil service, provided that they have the necessary (4) The audit of the companies in accordance with § 166 for the years 2005 to 2008 will be carried out further by the accident insurance institutions in 2010 and 2011. Unofficial table of contents

Section 219 Contribution calculation

Section 153 (4) in the version in force on 31 December 2007 will continue to apply until the 2013 financial year. Unofficial table of contents

§ 219a Operating medium, reserve, old-age provisions

(1) In so far as the reserve of an accident insurance carrier on 1 January 2010 exceeds the maximum limit determined for it pursuant to § 172a (2) or § 184, these funds shall be transferred to the old-age provisions. For the calendar years 2010 to 2012, the supervisory authority may, at the request of the accident insurance institution, authorise the holding of equipment beyond the limit laid down in section 172, and that a reserve shall be made available in accordance with the provisions of the first sentence. shall remain in force. In particular, account should be taken of the fact that the funds which exceed the ceilings are to be used for measures to stabilise the contribution of contributions in the context of mergers of professional cooperatives. (2) The German Legal Law Accident insurance e. Together with the top association of agricultural social insurance, V. creates a concept for the introduction of old age provisions and submits it to the Federal Government through the Federal Insurance Office until 30 April 2009. The concept contains a comprehensive examination of the level of allocation rates as well as the design of the procedure. For persons according to § 172c (1) sentence 1, whose employment relationship with an accident insurance institution has been established for the first time after 31 December 2009, the rates of assignment shall apply, which are laid down in the legal regulation pursuant to § 16 (1) sentence 4 of the The law on the provision of pensions shall be fixed accordingly. The concept makes recommendations in particular on the level of the supply and the permissible range of assets. (3) Supply expenditure for the persons referred to in § 172c, which will be generated from the year 2030, as well as expenditure which shall be replaced by Pension expenditure for these persons shall be made up of the age reserve capacity; the supervisory authority may authorise an earlier or subsequent withdrawal. (4) As far as the accident insurance institutions are concerned before 31 December 2009 for: a member of a public-law group referred to in § 172c The expected supply services shall be taken into consideration in accordance with the obligations laid down in § 172c. If, prior to December 31, 2009, cover capital is formed in the case of supervisory companies within the meaning of Article 1 (1) (1) (1) and (2) of the Insurance Supervision Act for the group of persons referred to in § 172c, this share shall be pro rata in the context of the Obligations according to § 172c are taken into account. Unofficial table of contents

Section 220 Balance between the commercial professional associations

(1) § § 176 to 181 shall apply to the compensation years 2008 to 2013, with the proviso that in 2008 the pension costs were 15 percent, in 2009, 30 percent in 2010, 45 percent in 2010, 60 percent in 2011, and in 2011 the amount of the pension was 45 percent, in 2012, 75 percent and 90 percent in 2013, according to § 178. (2) § § 176 to 181 in the version in force on 31 December 2007 are for the compensation years 2008 to 2013 with the following measures to apply:

1.

In determining the compensation entitlement and its amount, the calculation variables to be used for the compensation year 2008 are 85 percent, for the compensation year 2009 of 70 percent, for the compensation year 2010 at the level of 55 percent. percent, 40 percent for the 2011 compensation year, 25 percent for the 2012 compensation year, and 10 percent for the 2013 compensation year.

2.

Section 176 (2) sentence 1 shall apply with the proviso that, instead of the value 1.25 for the compensation year 2008, the value 1.35, for the compensatory years 2009 and 2010, shall be 1.3 and for the compensation year 2011 the value 1,275 shall be applied.

3.

Section 178 (1) shall apply with the measures that:

a)

for the calculation of the pension-load rate instead of the value 2.5 for the compensation year 2008, the value of 3.3, for the compensation year 2009 the value 3.0 and for the compensation year 2010 the value 2.7 and

b)

for the calculation of the compensation charge instead of the value 3 for the compensation year 2008, the value 3.8, for the compensatory year 2009, the value 3.4 and for the compensation year 2010 the value 3.2 is to be applied.

Points 2 and 3 do not apply to the burden-sharing obligation and entitlement of professional cooperatives from the beginning of the compensatory year in which they are held with one or more other professional cooperatives in accordance with § 118 in the on 31 December 2007 (3) § 118 (4) in the version in force on 31 December 2007 shall continue to apply until the transfer year 2013 to professional associations of professional associations which are subject to the conditions set out in § 176 (5) of the Act of 31 December 2007 as amended by the unifying professional cooperatives up to the 31 On 31 December 2013, an agreement has been concluded pursuant to § 176 (5) in the version in force on 31 December 2007. Unofficial table of contents

Section 221 Special provisions for agricultural accident insurance

(1) For services in accordance with § 54 (1) and (2), § § 54 and 55 are to be applied in the version valid until 31 December 2007 if the application or, if the benefits did not precede an application, the use takes place before 1 January 2008. (2) § 80a is applicable only to insurance cases which have occurred after 31 December 2007. (3) The transfer procedure in accordance with § 183 for the 2012 financial year shall be based on the date of 31 December In 2012 applicable law and the local and factual competence of the Member States until 31 December 2012 of existing agricultural cooperatives. § § 184a to 184d are to be applied in the version valid on 31 December 2012 with the proviso that the agricultural trade association carries out the compensation under the procedure set out in the first sentence of 31 December 2012. The Agricultural Trade Association has to grant the contribution modesty in good time to ensure that due contributions are due on 15 March 2013. (4) The representative assembly has up to 31 years of age. (5) In 2012, resources may not be used for the voluntary replenishing of the reserve and not for the reduction of the levy to an amount. , which is less than the circumstances of the previous year. Unofficial table of contents

Section 221a Special severance in the agricultural accident insurance

(1) insured persons who are entitled to a pension against an agricultural association for a pension due to a reduction in the earning capacity of less than 50 of the hundred shall, in 2008 and 2009, receive special attention to their application by way of special Any severance payment under the funds available under paragraphs 2 and 3 shall be recovered with an amount corresponding to the capital value of the pension referred to in paragraph 4. In the case of insured persons who are entitled to a number of pensions, the first sentence shall apply if the sum of the percentages of the percentages of the reduction in earning capacity has not reached the figure 50. In addition, § 76 (2) and (3) and § 77 shall apply accordingly. If the conditions for the approval of a special severance payment pursuant to the first sentence are met, the approval of severance agreements in accordance with § § 76 and 78 shall be excluded. (2) The Federal Government shall provide for the approval of the special severance agreements in the years 2008 , and in 2009, in accordance with the available budget appropriations, an earmarked subsidy of up to EUR 200 million per year; in so far as the appropriations were not used in 2008, the amount for the year 2009 shall be increased accordingly. These funds are paid out to the top association of the agricultural social insurance scheme, which forwards them to the individual agricultural cooperatives, following a special request. The Federal Ministry of Food, Agriculture and Consumer Protection regulates the payment and use of the federal funds in consultation with the Federal Ministry of Finance. (3) The Agricultural Trade Cooperatives Federal grants under paragraph 2 may only be eligible if they provide for a further amount of 62.5% of the total amount of the federal grants to be paid for the special severance payments from own resources. (4) The capital value for the The calculation of the special severance charges is based on the following table:
Age of insured persons at the time of the severance capital value

under 25	20.5
25 to less than 30	19.7
30 to less than 35	18.8
35 to less than 40	17.7
40 to less than 45	16.5
45 to less than 50	15.1
50 to less than 55	13.5
55 to less than 60	11.8
60 to less than 65	10.0
65 to less than 70	8.2
70 to less than 75	6.5
75 to less than 80	5.0
80 to less than 85	3.8
85 to less than 90	2.9
90 to less than 95	2.2
95 and more	1.6

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Section 221b Transitional period and contribution adjustment in the agricultural accident insurance

(1) The contribution which the entrepreneurs have to pay for the relocations for the years 2013 to 2017 (transitional period) is obtained if the contribution calculated in accordance with § § 182 and 183 is multiplied by the rate of equalisation. (2) The rate of increase shall be according to the following calculation parameters:

1.

The initial contribution shall be the contribution to be paid to the transfer for the year 2012 pursuant to section 221 (3);

2.

The target contribution is the contribution that would result from the same operating conditions and the same circumstances for the year 2012 when applying the calculation basis in accordance with § 221, paragraph 4;

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. Section 187 (1) shall apply in the calculation of the rates of equal treatment. The rates of treatment for the transitional period must be communicated to the entreprender together with the decision on the situation for the year 2013. (3) In the transitional period, changes in the operating conditions in relation to the decisive factors for the initial contribution are changed. , the rates of equal treatment referred to in paragraph 2 remain unchanged. In order to avoid unreasonable increases in contributions during the transitional period, the Articles of Association may apply to entrepreneurs who are to be newly assimilated during the transitional period. (4) (5) The special funds may be used to take the necessary measures to adjust the contributions referred to in paragraph 1 during the transitional period. The resulting reduction in contributions shall be indicated separately in the contribution modesty. (6) In the transitional period, § 184 sentence 2 shall not be applied.

Eleventh chapter
Transitional provisions for the reorganisation of statutory accident insurance

Unofficial table of contents

Section 222 New organisation of the professional associations

(1) The number of professional cooperatives is to be reduced to nine by 31 December 2009. The German Statutory Accident Insurance e. V., the Federal Government shall submit a report on the state of play on the reduction of the number of carriers by 31 December 2008. The Federal Government shall forward the report to the German Bundestag and the Bundesrat, and shall issue an opinion. (2) The report shall contain:

1.

the mergers carried out on 31 December 2008,

2.

the decisions on further mergers and the dates of implementation.

(3) In the case of mergers, it is necessary to ensure appropriate representation of the interests of the sectors represented in the former industrial associations as well as the local care of the insured persons and companies. (3a) Unemployment A new staff council is to be elected there, and a new professional association is to be elected. The staff councils, which are up to the date of the Association's effective date, shall immediately appoint an electoral board for the re-election. The former staff councils shall carry out the duties of the Staff Council until the new Staff Council has constituted itself, but at the latest for a period of three months from the date of the Association. Sentences 1 to 3 apply to the youth and trainees ' representatives, the severely disabled representatives and the equal opportunity officers. (4) The German Social Accident Insurance (German Social Accident Insurance). V. It is important that administrative and procedural costs are reduced. In 2009, the German Social Accident Insurance (Deutsche Gesetzliche Unfallversicherung e. V. each year, the Federal Ministry of Labour and Social Affairs, on the development of administrative and procedural costs for the commercial professional cooperatives, as well as on the implemented and planned measures for the optimization of these costs. report. In this connection, the conclusions drawn from the benchmarking of the insurance institutions should be dealt with separately. Unofficial table of contents

Section 223 New organisation of the state-run accident insurance institutions of the public sector

(1) The self-governments of the national public accident insurance institutions of the public authorities shall draw up concepts for reorganization and submit them to the respective national governments until 31 December 2008. The concepts contain a comprehensive examination of the possibilities of reducing the number of national public accident insurance institutions of the public sector to one per country. (2) Countries shall implement the concepts referred to in paragraph 1 to 31 December 2009. . In this context, appropriate representation of the interests of countries, municipalities and fire brigades associations in the self-governing bodies as well as a local care of the insured persons and companies must be ensured. Unofficial table of contents

§ § 224 and 225 (omitted)

Unofficial table of contents

Appendix 1 (to § 114)
Industrial Professional Cooperatives

1.

Professional cooperatives Raw materials and chemical industry,

2.

Professional cooperatives wood and metal,

3.

Occupational Cooperative Energy Textile electrical media products,

4.

Professional association for food and hospitality,

5.

Professional cooperative of the construction industry,

6.

Professional association for trade and distribution of goods,

7.

Administrative-Professional Cooperative,

8.

Professional cooperatives for transport and transport,

9.

Professional association for health service and welfare care.

Unofficial table of contents

Appendix 2 (omitted)