Law on transitional arrangements for the establishment of the social security system for agriculture, forestry and horticulture

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SVLFÜG

Date of completion: 12.04.2012

Full quote:

" Law on transitional arrangements for the establishment of the Social Insurance for Agriculture, Forests and Horticulture of 12 April 2012 (BGBl. I p. 579, 581) "

Footnote

(+ + + Text evidence from: 1.1.2013 + + +) 

  

The G was decided by the Bundestag as Article 2 of the G v. 12.4.2012 I 579. It occurs gem. Article 14, para. 1, in force on 1 January 2013. § 1 (6), § 3 (6), § 5 (2), § 8 and § 9 shall enter into force on 19.4.2012.

Section 1
Transitional staff regulations

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§ 1 The transfer of staff

(1) The social security system for agriculture, forestry and horticulture shall enter into service conditions with the dissolution of the previous institutions of the agricultural social insurance scheme and of the top association of agricultural social security insurance, on the one hand, and on the other hand, between the institutions of the agricultural social security system or the top association of agricultural social insurance, on the one hand, and on the other hand, on the other. § § 16 to 19 of the Staff Regulations Act as well as § § 134 to 137 of the Federal Officials Act apply accordingly, with the proviso that secondhand employees who hold an office of Bundesbesoldungsordnung A are only in the inbox office. Retirement can be offset if they agree to retiring, the 55. They may not be offered the same or an equivalent post in the previous place of employment. (2) The existing care recipients transferred in accordance with § 19 of the Staff Regulations of the Staff Regulations of Officials The beneficiaries receive the care they would receive without the transfer. (3) The social insurance for agriculture, forestry and horticulture occurs with the dissolution of the previous institutions of the agricultural social security system and of the Top association of agricultural social insurance in the work and -training relationships between the institutions of the agricultural social security system or the top association of agricultural social insurance, on the one hand, and the workers employed there, at that point in time, and workers and trainees on the other hand. The continuation of the working and training conditions must be confirmed in writing to the employees and the trainees from the social security insurance for agriculture, forestry and horticulture. Workers who are transferred to the social security service for agriculture, forestry and horticulture in accordance with the first sentence of the first sentence must, in principle, be assigned an activity of equal value in terms of collective agreements. If, in exceptional circumstances, such use is not possible, a lower rate of activity can be transferred to them. In the event that the remuneration is reduced, a compensatory payment equal to the difference between the remuneration of the former employer at the time of the transfer and the remuneration of the social security system shall be payable for: Agriculture, forestry and horticulture. The compensatory payment is reduced by one third of the increase in the amount of work paid. (4) The collective agreement for the regulation of labour law effects in the association of carriers of the agricultural Social insurance of 1 December 1999 applies. (5) The former employees of the leading association of agricultural social insurance and the employees seconded to him will be paid on to the association allowance. It is reduced by one third of the adjustment and increase amounts in the case of remuneration adjustments and tariff increases. (6) The reorganisation is to be implemented in a socially responsible way. In drawing up the new regulations, social security for agriculture, forestry and horticulture has to be guaranteed a socially acceptable transfer of personnel, taking into account the relevant regulations for collective wage workers. Unofficial table of contents

§ 2 Managing Director

The Managing Director and the Deputy Managing Director or Deputy Managing Director of the Leading Association of Agricultural Social Insurance, which amends the duties on 31 December 2012, take the tasks the management of the social insurance for agriculture, forestry and horticulture until the end of the parliamentary term of the self-governing bodies of the social security system for agriculture, forestry and horticulture which is running on 1 January 2013. By way of derogation from the first sentence, the managing director or the managing director and the deputy managing director or the deputy managing director may be re-elected by 31 March 2013. If the managing director or the deputy managing director or the deputy managing director are to leave their office before retirement, § 136 of the Federal Civil Service Act shall be applied accordingly. Unofficial table of contents

§ 3 Other transitional provisions on staff law

(1) The secondhand service of the leading association of agricultural social insurance shall apply to the secondhand employees who have been transferred in accordance with § 1 (1) until the social security insurance for agriculture, forestry and horticulture is new. (2) For employees of the social security system for agriculture, forestry and horticulture, the service agreements concluded with the top association of agricultural social insurance are valid until the social security insurance scheme has been concluded. for agriculture, forestry and horticulture to the respective (3) In an employment relationship with the previous institutions of the agricultural social security system and the top association of the Periods of time spent on agricultural social security shall apply to the application of civil servants ' legal provisions, including provisions relating to the law relating to the supply of goods and services, as well as the provisions of the law on staff representation and provisions on collective agreements in the social security system for agriculture, forestry and horticulture spent time. (4) In the social security system for agriculture, forestry and horticulture, a new staff representation is elected. The Joint Staff Committee of the top association of agricultural social insurance, which exists on December 31, 2012, shall immediately appoint an electoral board for the re-election. It also carries out the tasks of the Staff Committee of Social Security for Agriculture, Forestry and Horticulture until the new Staff Committee has constituted itself, but at the latest until 30 September 2013. (5) Social security insurance for agriculture, forestry and horticulture, a special representative for the disabled is elected. The association of severely disabled persons of the leading association of agricultural social insurance, which exists on 31 December 2012, shall immediately appoint an electoral board for re-election. It also carries out the tasks of the disabled representatives of the social insurance for agriculture, forestry and horticulture until the new representation of the severely disabled has been constituted, but at the latest until 30 September 2013. The same applies to the youth and trainees ' representatives and the equal opportunity commissioner. (6) The term of office of the staff representatives of the federal direct institutions of the agricultural social security system and of the top association of the Federal Government of the Federal Republic of Germany agricultural social security insurance, whose regular term of office ends in 2012, is extended until 31 December 2012.

Section 2
Transitional provisions on self-governing law

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§ 4 Transitional arrangements for the self-governing bodies of the social security system for agriculture, forestry and horticulture

Until the end of the parliamentary term running on 1 January 2013, the education and procedures of the self-governing bodies of the social security system for agriculture, forestry and horticulture shall be determined in accordance with § § 5 and 6. In addition, the provisions of the First and Second Titles of the Fourth Section of the Fourth Book of Social Code shall apply. Unofficial table of contents

§ 5 Representative Assembly

(1) The representative assembly shall consist of 81 members. The representative assembly shall meet at the latest on 31 January 2013. (2) The representatives ' meetings of the agricultural trade unions shall elect a total of nine members by 31 December 2012 in each case from their centre and board of management. and a total of nine deputits to the representative assembly. Three members and three alternates each have to belong to the group of insured employees, to the group of employers and to the group of self-employed persons without a foreign labour force. (3) A member or an alternate member of the group the representative assembly of the Social Insurance for Agriculture, Forestry and Horticulture, the Chairman of the Board of Social Insurance for Agriculture, Forestry and Horticulture calls upon the Advisory Board, established in accordance with § 7, to be held within two To choose a successor in the middle of the month. The Advisory Board is the Advisory Board which has been formed on the former head office of the former institution of the agricultural social security system and from whose self-administration the outgoing member or deputy member comes from. (4) Financial and organizational decisions are taken by the majority of at least 60 per cent of the votes of the statutory number of members. Decisions on financial and organisational terms are important

1.

on the budget,

2.

setting the scales of contribution in the agricultural accident insurance and in the agricultural health insurance scheme and establishing a hardship clause in accordance with § 221b (4) of the Seventh Book of Social Code and § 64 (1) (1) (a) 5 of the Second Law on the Health Insurance of Farmers and

3.

about location concepts.

The details shall be determined by the Statute. Unofficial table of contents

§ 6 Executive Board

The members of the Board of Management of the Association of Agricultural Social Insurance, who are in office on December 31, 2012, will be members of the Board of Management of the Social Security for Agriculture, Forestry and Horticulture. The representative assembly elects 18 more board members. Each of the administrative communities of institutions of agricultural social security, which exist on 31 December 2012, shall be represented by three members belonging to different groups. The members of the Board of Management each have to belong to one third of the group of insured employees, of the group of employers and of the group of self-employed persons without a foreign labour force. Unofficial table of contents

Section 7 Advisory Councils

(1) Regional Advisory Councils shall be formed at the offices of the Social Insurance for Agriculture, Forestry and Horticulture for the duration of the term of the term of the term of office of 1 January 2013. In the case of the office responsible for the interests of horticulture, an advisory board for horticulture is set up for this period. (2) Members of the Advisory Councils are the members of the representatives ' meetings and board of directors of the administrative communities. agricultural social insurance institutions which have not been elected as ordinary members in the representative assembly or in the management board of the social security system for agriculture, forestry and horticulture. (3) If the Advisory Board for horticulture is not each half composed of representatives of the group of insured employees and of the group of employers, the Chairman of the Advisory Board shall ask the body to take the appropriate steps to ensure that the Proposal list (list carrier), immediately to propose a representative of the respective group within two months. Section 60 of the Fourth Book of the Social Code shall apply accordingly. (4) The Advisory Councils shall carry out the following tasks:

1.

-maintaining contact with the social partners at regional level,

2.

the monitoring of regional measures for prevention,

3.

Submission of opinions to the Board of Management and the Executive Board

4.

other tasks determined by law or by statute.

(5) The Advisory Councils shall have a right of proposal

1.

fixing the circumstances in accordance with Section 221 (3) of the Seventh Book of the Social Code,

2.

fixing the contributions in accordance with Article 64 (1) of the Second Law on the Health Insurance of Farmers and

3.

to take charge of the special fund for its area of responsibility.

(6) The Advisory Board for Horticulture has a right of proposal in the case of accident prevention regulations in accordance with Article 15 (1a) of the Seventh Book of Social Code, which are to be applied exclusively to companies in the horticultural sector. (7) Decisions of the Self-governing bodies of social security for agriculture, forestry and horticulture which depart from the proposals of the Advisory Councils referred to in paragraph 5 (3) and (6) shall require a majority of at least 60% of the votes of the statutory bodies. Number of members.

Section 3
Construction of the social security system for agriculture, forestry and horticulture

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§ 8 Erdirectional Committee

(1) An establishment committee shall be established for the establishment of the social security system for agriculture, forestry and horticulture. The members of the Board of the Leading Association of Agricultural Social Insurance are members of the Erdirectional Committee. The representative assembly of the top association of agricultural social insurance selects 18 more members from among its members. Each administrative community of institutions of agricultural social security is represented by three members belonging to different groups. The members of the Committee on the Rights of the Era must belong to one third of the group of insured employees, the group of employers and the group of self-employed persons without a foreign labour force. The managing director and the deputy managing director of the top association of agricultural social insurance as well as the Federal Ministry of Labour and Social Affairs and the Federal Ministry of Labour and Social Affairs and the Federal Ministry of Labour and Social Affairs The Federal Ministry of Food, Agriculture and Consumer Protection (Federal Ministry of Food, Agriculture and Consumer Protection) is part of the Erdirectional Committee with an advisory vote. (2) The Committee on Education has in particular the following

1.

Implementation of preparatory measures for the establishment of the social security system for agriculture, forestry and horticulture,

2.

Preparation of the draft statutes of social security for agriculture, forestry and horticulture,

3.

Preparation of the meeting of the representative assembly of the Social Security for Agriculture, Forestry and Horticulture pursuant to § 5 (2) sentence 2,

4.

Preparation of the draft Code of Service for Social Security for Agriculture, Forestry and Horticulture and

5.

Elaboration of a design of a personnel, organization and location concept.

(3) The Erdirectional Committee shall be considered as a special committee pursuant to Section 36a of the Fourth Book of Social Code. (4) The Erdirectional Committee shall submit to the Federal Insurance Office no later than 31 December 2008. The draft Statutes of the Social Insurance for Agriculture, Forestry and Horticulture are to be presented in October 2012. Unofficial table of contents

Section 9 Budget 2013

(1) For the financial year 2013, the budget of the Social Insurance for Agriculture, Forestry and Horticulture shall be separated from the Management Board of the leading association of agricultural social security insurance for the classes of agricultural insurance. Accident insurance, old age insurance for farmers, agricultural health insurance and agricultural nursing care insurance. The representative assembly of the top association of the agricultural social security system establishes it. (2) The top association of agricultural social security insurance has to ensure that the costs incurred for the performance of tasks of several or of all classes of insurance, to which the classes of agricultural accident insurance, agricultural health insurance and farmers ' old-age insurance are distributed in a proper manner by appropriate procedures (cost distribution key). (3) The budget of the Social security insurance for agriculture, forestry and horticulture requires the approval of the Federal Insurance Office in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection and the Federal Ministry of Labour and Labour. Social. The budget drawn up by the Board of Management of the top association of agricultural social insurance is at the latest on 1 January 2008. October 2012 to the Federal Insurance Office. The supervisory authority may also refuse to approve the budget for individual approaches, in so far as the law or other law applicable to the insurance institution is infringed, the performance of the insurance carrier the performance of its obligations is threatened or the assessment or management measures of the Federal Government are not respected; the special features of the insurance carrier must be taken into consideration.

Section 4
Education of special assets

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§ 10 Special Assets

(1) From the assets transferred to the social security insurance for agriculture, forestry and horticulture in accordance with Article 3 (2) of the Law on the Establishment of Social Insurance for Agriculture, Forestry and Horticulture, for a transitional period by 31 December 2017 for the agricultural accident insurance scheme and the agricultural health insurance scheme respectively separate special assets. These consist of operating means and of means of the reserve. The special assets will be assigned to the areas of responsibility of the agricultural professional cooperatives and agricultural health insurance companies, which exist on 31 December 2012. The special funds are managed by the social security system for agriculture, forestry and horticulture in accordance with the legislation applicable to them. Income from the special assets is allocated to the wealth of social insurance for agriculture, forestry and horticulture. The special assets are used for the purposes mentioned in § 221b (5) of the Seventh Book of the Social Code and § 64 (6) of the Second Law on the Health Insurance of Farmers. (2) For the allocation of funds from the reserve to the previous Areas of competence shall be the stock of funds made by the Association of Agricultural Social Insurance Funds pursuant to Section 143e (4) (3) of the Seventh Book of the Social Code and Article 34 (3) (5) of the Second Law on Social Security and Social Security (Social Code). the health insurance of farmers will be managed on 31 December 2012. (3) Not to The special assets referred to in paragraph 1 shall include the following amounts in the field of agricultural accident insurance:





Area of responsibility Agricultural trade association Amount in Euro

Schleswig-Holstein and Hamburg	6 340 000,
Niedersachsen-Bremen	23 120 000,
North Rhine-Westphalia	19 600 000,
Hesse, Rhineland-Palatinate and Saarland	23 760 000,
Francs and Upper Bavaria	27 980 000,
Niederbayern/Oberpfalz and Swabia	21 400 000,
Baden-Württemberg	23 320 000,
Horticulture	24 740 000,
Central and East Germany	29 740 000.

In so far as the resources available for an area of responsibility on 31 December 2012 are less than the amount referred to in the first sentence, the amount of the difference shall be taken from the appropriations referred to in paragraph 2. (4) The amount to be allocated to the special fund shall be Agricultural health insurance resources are calculated from the existing resources available on 1 January 2013, less the resources required by the social security system for agriculture, forestry and horticulture in the Amount of 125 million euros. The allocation of the special assets to the existing areas of responsibility shall be based on the shares in the total stock of resources available on 31 December 2012.