Law on the establishment of a supplementary pension fund for workers in agriculture and forestry (ZVALG)

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ZVALG

Date of completion: 31.07.1974

Full quote:

" Law on the establishment of a supplementary pension fund for workers in agriculture and forestry of 31 July 1974 (BGBl. 1660), as last amended by Article 16 (4a) of the Law of 19. October 2013 (BGBl. 3836).

Status:

Last amended by Art. 16 para. 4a G v. 19.10.2013 I 3836

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1981 + + +) 

  

Title: This provision shall not apply in the territory referred to in Article 3 of the agreement. L. I chap. VI Sachg. D Sect. I N ° 2 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 1016 Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
Supplementary pension fund for workers in agriculture and forestry

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§ 1

(1) The supplementary pension fund for workers in the agriculture and forestry sector (ZLA) is a federal institution under public law. (2) The supervision of the supplementary pension fund for workers in the agriculture and forestry sector is carried out. the Federal Insurance Office. It is also responsible for the approval of the statutes. Unofficial table of contents

§ 2

(1) The supplementary pension fund for workers in agriculture and forestry is responsible for the payment of compensation to workers in the agriculture and forestry sector and for the implementation of other tasks (Article 16 of this law). (2) Land and forestry Forestry workers (agricultural workers) are persons domiciled in a farm in agriculture or forestry, including fruit and vegetables, winegrowing and winegrowing, and Semi-business and fish farming constantly subject to pension insurance . The holding referred to in the first sentence shall also apply:

a)

mixed farms with a predominantly agricultural, forestry, wine, fruit or vegetable character and

b)

self-employed subsidiary undertakings and independent operating departments of commercial enterprises with agricultural, forestry, wine, fruit or vegetable character.

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§ 3

The institutions of the supplementary pension fund for employees in agriculture and forestry are the representatives ' meeting, the board of directors and the managing director. Unofficial table of contents

§ 4

(1) The representative assembly shall consist of nine members each from the group of employees and the employer. (2) The members of the representative assembly and for each member shall become a substitute on the proposal of: Collective bargaining parties for agriculture and forestry are appointed by the supervisory authority. Right of proposal are the parties to collective agreements which, on the day of the announcement of a general election to the institutions of the social security institutions, maintain a common body within the meaning of Section 4 (2) of the Collective Agreement Act, which provides for a Supplementary retirement provision for workers in agriculture and forestry, and the tasks of which are carried out by the supplementary pension fund. (3) Unofficial table of contents

§ 5

The Management Board consists of three representatives of the employees 'and employers' groups. Unofficial table of contents

§ 6

The Managing Director of the supplementary pension fund is the managing director of the social insurance for agriculture, forestry and horticulture. If the social security system for agriculture, forestry and horticulture has a management board, the Management Board appoints a member of the Management Board as Managing Director of the supplementary pension fund. Unofficial table of contents

§ 7

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§ 8

The budget is subject to the approval of the Federal Ministry of Food, Agriculture and Consumer Protection, which can only be granted in agreement with the Federal Ministry of Finance and the Federal Ministry of Labour and Social Affairs. Unofficial table of contents

§ 9

Administrative arrangements can be used to ensure that the social security system for agriculture, forestry and horticulture is responsible for the supplementary pension fund. Whereas the administrative arrangement must identify the tasks to be carried out and contain a system of reimbursement of the administrative costs incurred in carrying out the tasks to be carried out; whereas it is necessary to approve the Federal Ministry of Food, Agriculture and Consumer Protection, which can only be granted in agreement with the Federal Ministry of Finance and the Federal Ministry of Labour and Social Affairs. The Administrative Arrangement shall be published in the same manner as the Articles of Association of the supplementary pension fund. Unofficial table of contents

§ 10

(1) Unless otherwise prescribed by this law, the provisions of the First, Fourth, Seventh and Tenth Book of the Book of Social Accident Insurance shall apply to the Agricultural Accident Insurance, as well as the provisions of these laws applicable to the Agricultural Accident Insurance in accordance with the applicable laws. § § 144 to 147, 172c and 219a (2) to (4) of the Seventh Book of the Social Code do not apply. § 73 (2) sentences 1 and 5 of the Fourth Book of the Social Code shall apply with the proviso that the Federal Ministry of Food, Agriculture and Consumer Protection shall replace the supervisory authority. (2) The courts of the Social Court decide on public-law disputes in matters of this law.

Second section
Compensation to workers in agriculture and forestry

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§ 11

Compensation shall be granted if the agricultural workers in the country who are insured under the statutory pension insurance scheme, as well as their widows and widows, on the basis of the provisions laid down by collective agreements, are entitled to a compensation or to a Entitlement to an allowance for old-age pensions, pensions due to incapacity for work, pensions due to loss of earning capacity or pensions due to death from statutory pension insurance, or is not guaranteed only because of the fact that: collective bargaining does not exist; agricultural workers, whose The employment relationship is not expected to last longer than six months, except for the duration of the employment relationship. Unofficial table of contents

§ 12

(1) The compensation shall be given to:

a)

receives from the statutory pension insurance an old-age pension, an education pension, a pension for a reduction in employment or a pension on the grounds of incapacity for work,

b)

in the last 25 years before the beginning of the old-age pension, the educational pension, the pension on the basis of a reduction in employment or the pension on account of incapacity for work, employment as an agricultural worker at least 180 calendar months; and

c)

on 1 July 2010 the 50. Year of life was completed.

(2) The periods of employment as an agricultural worker referred to in paragraph 1 shall be equal to:

a)

Replacement times and billing periods in the sense of statutory pension insurance as well as periods for which compulsory contributions are required due to the reference to social benefits

aa)

are paid by the Federal Employment Agency or have been paid by the Federal Labour Office in the period from 1 July 1978 to 31 December 1982,

bb)

be paid by another service provider, or in the period of 1. having been paid until 31 December 1983,

where employment as an agricultural worker has been interrupted by these periods,

b)

Periods for which adjustment aid for older agricultural workers has been granted on the basis of national legislation,

c)

Periods of entitlement to early retirement benefits if these periods are directly linked to an employment as an agricultural worker.

(2a) In the case of persons within the meaning of § § 1 to 4 of the Federal Displaced Persons Act (Bundesvertriebenengesetz) in the version of the notice of 3 September 1971 (Federal Law Gazette). 1565, 1807), as last amended by Article 89 of the Introductory Act to the Penal Code of 2 March 1974 (Bundesgesetzbl. 469), periods of employment as agricultural workers in areas where such persons were resident or permanent residence before being expelled, fleeing or resettled, shall apply to the application of paragraphs 1 and 2 of this Article. Periods of employment as agricultural workers in Germany (Article 2 (2)) are the same if, in Germany, employment has been re-employed as an agricultural worker; for persons from the persons referred to in Article 3 (1) of the The areas mentioned above shall also apply if the personal data referred to in the Federal Foreign Office (Bundesvertriebenen) (2b) For persons who had their residence in the accession area before 1 July 1990 and at that date in a holding pursuant to § 2 (2), an agricultural production cooperative, a fully-owned farm or a comparable institution, paragraph 1 shall apply, provided that periods of employment in the territory of accession and of employment in the territory of accession are periods within the meaning of paragraph 2 before 1 July 1995 shall be taken into account only if, after 31 December 1994, for a period of at least six months, employment as an agricultural worker subject to pension insurance. (2c) The conditions set out in paragraph 2b shall apply as periods of employment as an agricultural worker in (3) the widows and widows of the agricultural holdings referred to in paragraph 1 of this Article shall also be employed in an agricultural production cooperative, a national agricultural production cooperative, a national agricultural production cooperative, a national agricultural production cooperative, a national agricultural production cooperative, a national agricultural production cooperative, a national Workers shall receive compensation if:

a)

the deceased spouse had or would have been entitled to compensation if, at the time of his death, he or she would have been incapaciated or incapaciated in the sense of the provisions of the statutory pension schemes,

b)

the widow or widower receives a large widow's or widower's pension and

c)

the marriage before the completion of the 65. The agricultural worker ' s life year has been closed.

(4) The right to compensation shall be subject to persons,

1.

have acquired the right to another supplementary pension scheme for their agricultural or forestry employment as a result of statutory, contractual or contractual provision, or for which the employer has made contributions to the Has paid higher insurance in the statutory pension insurance or contributions to life insurance, and this has resulted in an exemption from another supplementary pension scheme,

2.

the provision of an official or church law or principles,

3.

which, according to a call for rest or a corresponding provision, are granted rest or helm,

4.

the right to an old-age pension, a pension due to a reduction in employment or incapacity to work, widows or widows ' pensions or land-based pension rights under the old-age pension scheme of the farmers.

(5) For the purposes of paragraph 1 (b), reference periods of 1 July 1985 shall be equal to a pension due to the invalidity of a pension on the grounds of invalidity or invalidity, if the pension is due to incapacity before 1 January 1977. , and the person receiving the pension has not paid any compulsory contributions to the statutory pension insurance scheme after the beginning of the period until the onset of the incapacity for work, the reduction in employment or the beginning of an old-age pension, or a person who has received a pension or a pension self-employment has not been carried out. Unofficial table of contents

§ 13

The cost of the compensation, including its administrative costs, is borne by the Federal Government. Unofficial table of contents

§ 14

(1) The monthly amount of the compensation shall be 62 euros for the married person until 30 June 2009 and 80 euros as from 1 July 2009, and six tenths of that amount for the unmarried person entitled to the allowance. If both spouses are entitled to the compensation, each spouse shall receive the compensation for the unmarried person entitled to compensation. Where a number of compensatory benefits meet, the compensation shall be granted only once, subject to the conditions set out in paragraph 2, the highest. (2) The compensatory benefit for persons entitled to compensation, which shall be deemed to have been granted after 30 June 1972 as agricultural workers, as well as for their widows and widows, to be cut. The compensation shall be the amount of the contractual (§ 11) or the corresponding private-law aid in the case of persons receiving a benefit for married persons, by three-fifths of the amount of the benefit for unmarried persons. (i) the calculation of the reduction of a benefit in accordance with section 12 (3) shall be based on the contractual aid which would result in the receipt of a pension on the grounds of age or reduced earning capacity. Where there is a right to compensation without the granting of a collective or private-sector aid, the compensation shall be reduced by the amount which would result from the reduction in the rate of reduction if there was a wage agreement had. Where a corresponding private legal aid is granted, the reduction in the monthly compensation of beneficiaries entitled to the compensation for the married person concerned shall be at least EUR 1.30 for each of the persons concerned. twelve months of employment as an agricultural worker after 30 June 1972, in the case of beneficiaries entitled to compensation for unmarried persons, at least three-fifths of that amount. Unofficial table of contents

§ 14a

(1) If a compensation is provided only in the light of Section 12 (2b) and (2c), the monthly amount of the compensation shall be determined up to the production of uniform income ratios in the territory of the Federal Republic of Germany. Reproduction of the amount resulting in accordance with § 14 (1) with the ratio of the general pension value (East) determined in accordance with the law on the age of farmers to the general pension value (East) to the general pension value (East) according to the law on the retirement pension of farmers (2) For the reduction of the compensation, § 14 (2) applies , with the proviso that the date of 30 June 1972 shall be replaced by 30 June 1995. Pending the establishment of uniform income conditions in the territory of the Federal Republic of Germany, the minimum amount of the reduction shall be given by the reproduction of the amount resulting from § 14 (1) with the ratio of the amount according to the law on the general pension value (East), which was determined in accordance with the law on the old age of farmers, of the general pension value, as determined by the old age insurance scheme for farmers. Unofficial table of contents

§ 15

(1) The compensation for periods from 1 July of the previous year to 30 June of the current year shall be disbursed in a sum. (2) The first-time determination of the compensation shall be made on request and by written Administrative act. The request for compensation for periods from 1 July of the previous year to 30 June of the current year shall be made at the supplementary pension fund until 30 September of the current year. This application shall also apply to the compensation for periods before 1 July of the previous year, if the decision on the pension from the statutory pension insurance (§ 12) in the period from 1 July of the previous year to 30 September of the current year , and the pension shall begin before 1 July of the previous year; paragraph 1 shall apply accordingly. For deceased beneficiaries, the application may be made by the widow or widower. The Statutes of the supplementary pension fund may prescribe the use of an application pressure. In so far as the application for compensation is made by 30 September 1996 and, for the first time as from 1 January 1995, there is a right to compensation in respect of the amendment to section 12 (1) of Article 12 (1), which has been amended with effect from 1 January 1995, the Compensation also to be paid for the period from 1 January 1995 to 30 June 1995. (3) (4)

Third Section
Other tasks of the supplementary pension fund

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§ 16

(1) With the approval of the Federal Ministry of Food, Agriculture and Consumer Protection and the Federal Ministry of Labour and Social Affairs, the supplementary pension fund may be responsible for the tasks of joint bodies of the country's collective bargaining parties. and forestry within the meaning of Article 4 (2) of the Law on Taric Contracts, which provides for an additional retirement provision for agricultural and forestry workers. (2) Where common bodies are responsible for carrying out their tasks, the Take advantage of the supplementary pension fund, Supplementary pension fund to reimburse the resulting administrative costs.

Fourth Section
Transitional and final provisions

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§ 17

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§ 18

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§ 19

This law shall enter into force on the day after it is announced. Claims for compensation can arise from 1 July 1973, for the persons referred to in § 12 (2b) (b) from 1 July 1995.