"“GDR refuse dumps"”, "“GDR pension refuse dumps"” or "“refuse dumps east"” one calls the loads of the social security institutions of the GDR, which had been transferred of the social security of the German Federal Republic due to the agreement contract on the carriers.

Term

It concerns completely predominantly pension loads, partly still around welfare treatment or rehablitation costs, which is to be furnished as social security benefits due to from accidents to, which are due from the GDR, which are justified thus by legislation of the GDR. Who was with a social security institution of the GDR legally pension or accident-insured, social security receives its pension from the pension or accident insurance carrier of the German Federal Republic since completion of the social security of the GDR by the institute for transition, which became legal successor of the GDR carrier. This right follow-up was directly in the agreement contract regulated.

Hauptproblem insisted thereby in the transfer of the loads of the central organized social security of the GDR on the arranged social security system of the Federal Republic. In the accident insurance right these loads were transferred overall after a certain key to the insurers of the German Federal Republic.

Financing

The loads are financed from the general contribution A NAMEs of the social security. National subsidies are not granted. This regulation was not undisputed also with the government coalition at that time. It contributed also to the fact that the German social security had come since beginning of the 1990er years increasingly into a financing crisis.

The exact extent of the GDR refuse dumps is anyhow well-known for the commercial accident insurance only altogether. From the statistics of the individual professional associations is not evident, how highly the contribution of the individual entrepreneur is actual to these loads, because they do not prove the loads in their business reports usually separately. These refuse dumps will sink also only on a long-term basis.

In the commercial accident insurance its own GDR distribution of burdens between the professional associations is accomplished annually, by which the load portions are again computed, which had been computed after the agreement contract due to the distributors from the years 1989 and 1995. The GDR distribution of burdens steps thereby apart from the general distribution of burdens between the commercial professional associations ("§"§ 176ff. SGB VII). It is accomplished by the federation of the commercial professional associations.

Iurisdiction

The Federal Constitutional Court found the transmission of the GDR pension refuse dumps on the contributory ones in the old age pension insurance for constitutional. The Federal Social Court did not complain of the reallocation of the GDR refuse dumps on the entrepreneurs in the commercial accident insurance. A decision of the Federal Constitutional Court to the refuse dumps in the accident insurance is expected for the year 2006.

• BSG, judgement from 22. 6. the 2004, Az. B 2 U 2/03 R
• BSG, judgement from 24. 2. the 2004, Az. B 2 U 31/03 R

Literature

• Norbert Bluem, the contribution of the social politics for the consolidation of the finances of the state, excerpts, sheets for German and international policy 1995, 1405.
• Fenn, condition questions of the Beitragsgestaltung in the commercial accident insurance - danger tariff and GDR refuse dumps as equality problem, 2006, ISBN 3-631-54536-3
• Ingolf Noack, for the development of the social right in the former GDR in the second half-year 1990, yearbook of the social right of the present (JbSozR) 13 (1990), 45.

Articles in category "GDR refuse dumps (pension)"

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Related Websites

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• German News - English Edition Th, 19.01.1995
  Own special refuse dump for Rheinland-Pfalz is useless. ... The former assistant of the High Court of Justice of the GDR, Helene Heymann, who is accused for ...


• Untitled
  The company undertakes the recovery and processing of scrap from slag and refuse dumps in the nine steel plants at. Rourkela, Burnpur, Bhilai, Bokaro, ...


• Untitled
  The company undertakes the recovery and processing of scrap from slag and refuse dumps in the nine steel plants at. Rourkela, Burnpur, Bhilai, Bokaro, ...