GDR contaminated sites (pension)

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As "GDR legacy" , "East German pension legacy" or "legacy East" refers to the burden of social security institutions of the GDR , by virtue of the Unification Treaty to the support of the German social security had been transferred.

term

These are predominantly pension costs , in some cases medical treatment or rehabilitation costs, which are to be provided as social benefits on the basis of insured events that originate from the GDR, i.e. are based on GDR legislation. Anyone who had statutory pension or accident insurance with a social insurance agency in the GDR has received their pension from the Federal German pension or accident insurance agency, which has become the legal successor to the GDR agency, since the social insurance of the GDR was wound up by the social insurance transfer agency . This legal succession was regulated directly in the Unification Agreement.

The main problem was the transfer of the burdens of the centrally organized social security of the GDR to the structured social security system of the Federal Republic. In accident insurance law, these burdens were transferred to the federal German insurance carriers in accordance with a specific key.

financing

The loads are from the general premium income of social security funds. Government grants are not granted. This regulation was also controversial in the governing coalition of the time.

In any case, the exact extent of the GDR contaminated sites is only known as a whole for commercial accident insurance . The statistics of the individual employers' liability insurance associations do not show how high the contribution made by individual entrepreneurs to these burdens actually is, because they usually do not show the burdens separately in their annual reports. These contaminated sites will only decrease in the long term.

In the commercial accident insurance, a separate GDR burden equalization between the professional associations is carried out annually, through which the burden shares are recalculated that were calculated according to the unification agreement based on the distribution key from 1989 and 1995. The GDR load equalization occurs alongside the general load equalization between the commercial trade associations (§§ 176ff. SGB ​​VII ). It used to be carried out by the main association of commercial trade associations . Today the German Social Accident Insurance is responsible for this as its legal successor, while the general burden sharing is carried out by the Federal Social Security Office.

Jurisprudence

The Federal Constitutional Court found the transfer of the old GDR pension burdens to those liable for contributions in the statutory pension insurance system to be constitutional. The Federal Social Court has not objected to the allocation of the GDR contaminated sites to the entrepreneurs in the commercial accident insurance . A decision by the Federal Constitutional Court on the contaminated sites in accident insurance is still pending.

See also

literature

  • Norbert Blüm : The contribution of social policy to the consolidation of public finances . Extracts. In: Blätter für German and international politics 1995, 1405.
  • Jürgen Fenn: Constitutional issues of contribution structure in commercial accident insurance. Hazardous tariff and GDR contamination as a problem of equality . 2006. ISBN 3-631-54536-3
  • Ingolf Noack: On the development of social law in the former GDR in the second half of 1990 . In: Jahrbuch des Sozialrechts der Gegenwart (JbSozR) 13 (1990), 45.

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