Entitlement and expectancy transfer law
| Basic data | |
|---|---|
| Title: | Law on the transfer of entitlements and entitlements from supplementary and special pension systems in the acceding area |
| Short title: | Entitlement and expectancy transfer law |
| Abbreviation: | AAÜG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Social law |
| References : | 826-30-2 |
| Issued on: | July 25, 1991 ( BGBl. I p. 1606, 1677 ) |
| Entry into force on: | August 1, 1991 |
| Last change by: |
Art. 304 VO of June 19, 2020 ( Federal Law Gazette I p. 1328, 1364 ) |
| Effective date of the last change: |
June 27, 2020 (Art. 361 of June 19, 2020) |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The Entitlement and Entitlement Transfer Act ( AAÜG ) applies to entitlements and entitlements that have been acquired due to membership of additional and special pension systems (supply systems) in the acceding area.
The law regulates the closure of the additional and special pension systems of the GDR and their transfer to the general statutory pension insurance of the Federal Republic of Germany .
The transfer of the entitlements and entitlements from the GDR's supplementary and special pension systems to the statutory pension insurance was a system decision made by the legislature after considering the alternative of developing independent pension systems analogous to the existing German systems, which was underpinned by law in the State Treaty and the Unification Treaty .
The AAÜG itself is Article 3 of the Pension Transition Act (RÜG).
The provisions of Book Six of the Social Security Code apply from January 1, 1992 to the insurance and contribution obligations of persons who belonged to a pension system on December 31, 1991 . Periods of membership in a pension system in which an employment or activity was carried out are considered compulsory contribution periods for the pension insurance.
The AAÜG regulates that for members of certain system-related pension systems or occupational groups, only limited parts of their wages are used as the basis for calculating pensions.
History, versions
In the course of its existence, the law was subject to numerous changes, some of which were based on decisions of the Federal Social Court and the Federal Constitutional Court . The previous versions of the AAÜG are to be summarized here.
Pension Transition Act
The AAÜG was promulgated on June 25, 1991 as Article 3 of the Pension Transition Act (RÜG, law to establish legal unity in statutory pension and accident insurance) ( Federal Law Gazette I p. 1606 ).
With him, the pension regulations of the Sixth Book of the Social Security Code were also extended to the accession area.
Pension Transition Supplementary Act
On June 24, 1993, the federal German legislature announced the Pension Transition Supplementary Act (RÜ-ErgG) ( Federal Law Gazette I p. 1038 ). It came into force retrospectively on August 1, 1991 and changed the provisions of the AAÜG.
On April 28, 1999, the Federal Constitutional Court found that the AAÜG in this version violated Article 3 (1) and Article 14 of the Basic Law in parts .
AAÜG Amendment Act
The AAÜG Amendment Act (AAÜG -ANGG) came into force on January 1, 1997 ( Federal Law Gazette I p. 1674 ).
2. AAÜG Amendment Act
The 2nd AAÜG Amendment Act (2nd AAÜG-Amendment Act) was passed on July 27, 2001 ( Federal Law Gazette I, p. 1939 ). It contained changes to the AAÜG in response to the BVerfG ruling of April 28, 1999.
On June 23, 2004, the Federal Constitutional Court ruled that the AAÜG in the versions of the AAÜG-ÄnG and the 2nd AAÜG-AmendmentG also violated Article 3 of the Basic Law in parts. These parts were actually declared as "incompatible" with the Basic Law, which meant that it could no longer be used in this form. The legislature was requested to make a correction by June 30, 2005.
First law to amend the AAÜG
On June 21, 2005, the first law to amend the entitlement and expectancy transfer law was promulgated ( Federal Law Gazette I p. 1672 ).
Jurisprudence
The 4th Senate of the Federal Social Court (BSG) dealt regularly with the AAÜG. For example, a rather inconspicuous decision of June 23, 1998 - B 4 RA 61/97 R (SozR 3-8570 § 5 No. 4 S 17) - made possible the fictitious one due to a "constitutional expansionary interpretation" - solely due to the activity without an official one Joining the ZV - acquisition of entitlements. This led to hundreds of thousands of other beneficiaries, especially in the area of so-called technical intelligence . With a series of judgments from April 8th and 9th, 2002 (e.g. Az. B 4 RA 36/01 R), the BSG again put restrictions. The expansion of the group of people affected had led to additional costs in the billions for taxpayers. The social judiciary is regularly involved in processes for the application of the BSG case law.
Others
In 2006 the federal government and parliament passed the Solidarity Pact II . On November 30, 2006, the federal government announced:
“The federal government has also complied with the request of the new federal states for a greater share in the costs of the GDR's supplementary pension systems (AAÜG). These had risen to an annual 2.6 billion euros. The federal government will increase its share from the current 33 percent to 36 percent in 2008, 38 percent in 2009 and 40 percent from 2010. "This will significantly relieve the budgets of the new federal states," said Tiefensee. "
literature
- BVerfG decision of June 23, 2004 (Az. 1 BvL 3/98, 1 BvL 9/02, 1 BvL 2/03) ( BGBl. I p. 2058 ) (PDF file; 59 kB)
supporting documents
- ↑ Agreement reached on financial aid for East Germany ( Memento of the original of September 27, 2013 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.
