Law on the introduction of self-government in the field of social security and the approximation of the law of health insurance in the state of Berlin (Self-administration and Health Insurance Act Berlin-SKAG Berlin)

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SKAG Berlin

Date of completion: 26.12.1957

Full quote:

" Self-administration and Health Insurance Act Berlin in the revised version published in the Federal Law Gazette, Part III, outline number 826-12, which was last amended by Article 15 of the Law of 29 April 1997 (BGBl. 968).

Status:

Last amended by Art. 15 G v. 29. 4.1997 I 968

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1982 + + +)

First section
Introduction of self-government

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§ 1

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§ 2

(dropped)

Second section
Approximation of laws

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§ 3

The provisions of the First and Second Buchs of the Reich Insurance Order in the version of the First Regulation on the simplification of the right of performance and contributions in the social security system of 17 March 1945 (Reichsgesetzbl. 41) shall apply in the Land of Berlin, insofar as this law does not determine anything else. Unofficial table of contents

§ 4

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§ 5

The administrative tasks and powers conferred on the insurance office shall be based on the authority to be determined in accordance with national law and, in so far as such a provision has not yet been made, on the top competent for social security insurance Managing authority of the State of Berlin.

Third Section
Transitional provisions

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§ 6

The sickness insurance institution Berlin is a local sickness insurance fund within the meaning of § 225 of the Reich Insurance Code. It is named "Allgemeine Ortskrankenkasse Berlin" (Allgemeine Ortskrankenkasse Berlin). Unofficial table of contents

§ 7

(1) The Allgemeine Ortskrankenkasse (Local Sickness Fund) and the special local sickness funds in the Land of Berlin and the association Berliner Ortskrankenkassen, which were shut down after 8 May 1945, are dissolved in the Land of Berlin with the entry into force of this law. (2) The after 8 May 1945, operating and inaring sickness funds set aside in the Land of Berlin may resume their activities if this is the majority of the voting employers eligible for the set-aside health insurance fund and the Majority of eligible persons who are eligible for full-year employment, in the case of a , with the consent of the Committee on Economic and Monetary Affairs, until the end of the calendar month following the delivery of the law to the supreme administrative authority responsible for social security, the participating Ints The State of Berlin shall apply for and establish that the financial capacity of the sickness insurance fund is adequately secured. (3) If a request for a resumption of its activity is not applied to a set-aside health insurance fund, the State of Berlin shall not apply for a set-aside. , the sickness insurance fund shall be disbanded with the expiry of the application period. If the application is rejected, the sickness insurance fund shall be dissolved as soon as the rejection has become unquestionable. If the application is complied with, the decisive body must set the date with which the health insurance fund resumes its activities. (4) The top administrative authority of the State of Berlin, responsible for social security, shall meet the proposal of the in individual cases, the federal association responsible for the health insurance sector shall provide the necessary provisional arrangements for the formation of the institutions of the health insurance funds which resume their activities. Unofficial table of contents

§ 8

The Federal Postal Insurance Fund may extend its scope to the Land of Berlin if the majority of the employees eligible for the Federal Postal Insurance Fund agree in the Land of Berlin and the Landespostdirektion Berlin. In this respect, the Federal Republic of Germany shall be deemed to be an employer within the meaning of sections 245 and 246 of the Reich Insurance Code. Unofficial table of contents

§ 9

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§ 10

(1) The assets (property and all other property rights) of the health insurance funds dissolved in accordance with the provisions of this law and the association Berliner Ortskrankenkassen as well as those acquired after 8 May 1945 for these funds or the association Property rights shall be transferred to the Allgemeine Ortskrankenkasse Berlin (Allgemeine Ortskrankenkasse Berlin) with the date of dissolution. (2) Paragraph 1 shall also apply to rights which are declared to be transferable by law for non-transferable or only by reason of special agreements. (3) The provisions referred to in paragraphs 1 and 2 prior to the entry into force of this Act (4) Dingliche rights to property and other property and rights remain. (5) An asset deal between the Allgemeine Ortskrankenkasse Berlin (Allgemeine Ortskrankenkasse Berlin) and the re-approved coffers (Kassen). does not take place. Unofficial table of contents

§ 11

(1) The liabilities of the health insurance funds dissolved in accordance with the provisions of this Act and the Association of Berlin Local Sickness Funds shall be transferred to the Allgemeine Ortskrankenkasse Berlin (Allgemeine Ortskrankenkasse Berlin) with the date of the dissolution. (2) The debt will be transferred to the General Local Sickness Fund. in addition to the change in the person of the debtor, the rights of the creditor, in particular his claims against a guarantor, as well as his rights from a lien, a mortgage or other security shall not be affected; § 418 of the Civil code does not apply. Unofficial table of contents

§ 12

The assets situated in the Land of Berlin (Section 10 (1)) and the liabilities of the Lichterfeld compensation fund shall be paid to the German Employees ' Health Insurance Fund by the date of entry into force of this Act in the Land of Berlin. Section 10 (2) to (4) and section 11 (2) shall apply accordingly. Unofficial table of contents

§ 13

As far as the property is transferred to a property in accordance with § § 10 and 12, a certificate from the supervisory authority is sufficient to prove the transfer of the property to the land registry. This applies accordingly to other rights registered in the Land Registry. Unofficial table of contents

§ 14

Court fees and other charges arising from the application and in the implementation of the provisions of § § 10 to 12 shall not be levied; cash outlays shall remain out of approach. Unofficial table of contents

§ 15

(1) The Trusteeship of the Federal Government and the Land of Berlin on the assets of the health insurance funds set aside in the Land of Berlin after 8 May 1945 and dissolved in accordance with the provisions of this Act and the association Berliner Ortskrankenkassen (local health insurance) shall be issued with (2) The Trusteeship of the Federal Government and the Land of Berlin on the assets of the health insurance funds set aside after 8 May 1945, which have resumed their activities in accordance with the provisions of this Act, shall be issued with the date of the Resumption of its activities. (3) The Trusteeship of the Federal Government and the State of Berlin the assets of the Lichterfeld Lichterfeld, which are situated in the Land of Berlin, shall be replaced by the date of the entry into force of this law in the Land of Berlin. Unofficial table of contents

§ 16

(1) Inhealth insurance funds established in the Land of Berlin, which take over insured persons from the Allgemeine Ortskrankenkasse Berlin (Allgemeine Ortskrankenkasse Berlin), and substitute funds to which Berlin insured persons are transferred, have employees who have been released by the insured persons of the insured persons. General local sickness fund Berlin to take over. Workers who have been released are generally to be taken over in a number which, at a rate of 400, must reach at least the number of insured persons who have been taken over. At least the previous or equivalent provisions apply to the employment relationship of the employee to be transferred in the case of the health insurance company which is liable to take over; in particular, the previous salary must not be reduced. (2) The participating health insurance companies are to agree on the employees to be accepted. In the event that an agreement is not reached, the top administrative authority of the Land of Berlin, responsible for social security, shall decide. If Berlin insured persons are transferred to the replacement funds after the end of the sixth month following the entry into force of this Act, they shall not be eligible for the takeover of employees of the Allgemeine Ortskrankenkasse Berlin (Allgemeine Ortskrankenkasse Berlin). (3) (3) (1) and 2 sentence 1 shall apply to employers whose holding is or is set up by an occupational health insurance fund, the area of which shall extend to the Land of Berlin or to the Land of Berlin. Unofficial table of contents

§ 17

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§ 18

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Fourth Section

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§ § 19 and 20 ----

Fifth Section
Final provisions

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Section 21

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Legal orders issued pursuant to this Act shall apply in the Land of Berlin in accordance with Section 14 of the Third Transfer Act. Unofficial table of contents

Section 22

This Act shall enter into force on 1 January 1958.