Dierk Stelzer

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Dierk Otto Stelzer (born February 11, 1945 in Berlin ) is a German lawyer and senior administrative director a. D. the AOK for the state of Brandenburg .

Life

Dierk Stelzer is the son of the assessor and government director (head of the Tempelhof tax office ) Otto Stelzer (1908–1980).

After his Abitur at the Schadow-school he started in 1966 with the study of law at the Free University of Berlin and graduated after his clerkship in 1975 with the juridical second exam from.

Then he was legal protection secretary and public relations officer at the Reich Association of War Victims, Disabled People, Social Pensioners and Survivors , Landesverband Berlin, until 1979 . During this time he took part in the SFB 2 panel of experts as an expert on social law and the law of the severely disabled .

From 1980 to 1991 he worked as a legal adviser , legal adviser and recourse manager at the state insurance company in Berlin. He left the LVA Berlin as a senior administrator and moved to Teltow in 1991 to help set up the newly created AOK for the state of Brandenburg . As a senior administrative director, he built up the AOK's legal office for the state of Brandenburg and was still active as a data protection officer.

In the 1990/1991 winter and summer semesters he was appointed by the rector of the University of Law and Administration (legal successor to the Academy for Political Science and Law of the GDR and forerunner institution of the University of Potsdam ) as the first guest lecturer for the subject of social and social insurance law and social justice . After that, the rector of the University of Potsdam gave him a teaching position at the law faculty for social and social security law , but also for recourse , labor and data protection law with lectures and exercises from the 1994 summer semester to the 2002 summer semester .

With the completion of his studies, Dierk Stelzer began to publish technical articles and is the author of over 20 legal articles in a wide variety of legal areas.

He has been with Christiane Bär, a daughter of Prof. Dr. Dr. Friedrich Bär , married, lives in Berlin and has 2 sons.

Legal relevance

Consideration in judgments (selection)

The legal views represented in his publications on the legal complex of the newly introduced premium reimbursement, also known as premium recourse, according to § 119 SGB ​​X , in particular with the basic article from 1983 and continued in 1984, were often referenced in highest court judgments:

  • BGH Z VersR, 1994, 518 (VI ZR 55/85): Contributions according to § 1385 b Abs. 1 RVO not covered by § 119 SGB X for full months
  • BGHZ VersR, 1986, 592 (VI ZR 146/85): partial loss of premiums in the event of reduced earnings due to an accident, problem with partial months
  • BGHZ VersR, 1989, 492 (VI ZR 130/88): as a minor opinion, the family privilege of Section 116 (6) SGB X is not applicable analogously to Section 119 SGB X.

As part of the lecture on social security law in the 2001/2002 winter semester, Dierk Stelzer and his students worked on the legal problems of Section 305 of the Book V of the Social Code . In 2002, with the collaboration of two students, this resulted in the publications on the entire legal problem of Section 305 SGB V. This legal opinion was followed by the LSG North Rhine-Westphalia with the judgment of November 12, 2002 on file number L 5 KR185 / 01 and in the revision of the BSG - Judgment of December 7, 2004 on file number B 1 KR 38/02 R has been confirmed. This landmark ruling prompted the legislature to amend Section 305 of Book V of the Social Code with the GKV Modernization Act (GMG) in November 2003 and to include the insured's right to claim benefits and costs.

Further BSG judgments referring to the published legal opinion by Dierk Stelzer:

In 2019 he published an article in Das Grundigentum with the title No legislative power of the state of Berlin to enact a rent cap law (No. 22, pp. 1473–1488). His legal opinion, whereby he derived the lack of legislative authority of the State of Berlin for the rent cover law via the codification principle in the case of the competing legislative power, was shared in judgment 67 S 274/19 of the Berlin Regional Court and submitted to the Federal Constitutional Court as part of the specific norm review procedure .

Introduction of § 62 SGB VI

The legal opinion of Dierk Stelzer, which was represented in the article from 1985 on the failed benefit sharing in the case of an "accident-proof position", led the legislature to incorporate § 62 SGB ​​VI (introduced according to Article 1 of the law of December 18, 1989) into the GRV introduced the ban on benefit sharing. As a result, possible compensation for damages due to reduced earning capacity is not "offset" with the inclusion of the period of reduced earning capacity as a period under pension law.

Consideration in comments and publications (selection)

The publications of Dierk Stelzer were among others in numerous specialist books, such as B. in the labor law manual by Günter Schaub , in claims for personal injury by Gerhard Küppersbusch and Werner Wussow and in the dissertation of the later President of the Federal Social Court Rainer Schlegel , and in legal comments such. B. in accident insurance by Herbert Lauterbach , in the general commentary on the social security code SGB X / 3 by Karl Hauck and Hartmut Haines, in Palandt , in SGB ​​V - statutory health insurance by Ulrich Becker and Thorsten Kingreen and in the social security code V - statutory health insurance by Andreas Hänlein , Jürgen Kruse and Rolf Schuler, quoted.

Publications (selection)

Severely handicapped law

  • Effects of the legal incapacity on the pension application and the beginning of the pension for insured persons according to §§ 1246, 1247, 1248 Abs. 1-3 RVO with regard to the application deadlines of §§ 1290 Abs. 1 Satz 2 and Abs. 2 RVO. In: Die Sozialversicherung, 1981, pp. 283–288.
  • The provisional legal protection in objection proceedings against the consent to the ordinary termination according to § 12 Severely Disabled Persons Act . In: Central Gazette for Social Insurance, Social Welfare and Supply (ZfS), 1982, pp. 136–142.

§ 62 SGB VI

  • The relative theory according to Section 116 (3) SGB X in the context of Section 119 SGB X, taking into account the failed benefit sharing according to Section 62 SGB VI. In: Versicherungsrecht, 1994, pp. 518–521.

GKV and public procurement law

  • Together with the Chief Administrative Director a. D. Werner Zierow: Does the insured person have a right to information about contribution rates and the entire financial status i. See a balance sheet of the statutory health insurance companies against the background of his choice of health insurance company . In: Die Sozialversicherung, 2003, pp. 175–183.
  • Are service contracts to be publicly tendered nationwide within the framework of the service provision law of the statutory health insurance according to "nationally transformed" public procurement law or to be awarded in "public tender" or otherwise? In: Journal for European Social and Labor Law (ZESAR), 2004, pp. 269–284, Part I, pp. 460–470.
  • Are service contracts to be publicly tendered nationwide within the framework of the service provision law of the statutory health insurance according to "nationally transformed" public procurement law or to be awarded in "public tender" or otherwise? (Part II and conclusion) In: Journal for European Social and Labor Law (ZESAR), 2005, pp. 21–31.
  • Are the statutory health insurances (e.g. AOKs ) in the context of the provision of aids to the GKV "public clients" or "public law institutions according to Section 98 No. 2 GWB? ” In: ZfS, 2005 pp. 129–142.
  • Do statutory health and long-term care funds have to publicly tender delivery orders for auxiliary and care aids above the threshold value across Europe? I.a. in: Ways to social insurance, Issue 9, 2009, pp. 303-308 to Issue 3, 2010, pp. 82-88.

Individual evidence

  1. ↑ a b Stelzer: The partial contribution failure after accidental minor merit under § 119 SGB X . NJW, 1985, pp. 182 + 183.
  2. ↑ VersR , 1994, p. 518 ff.
  3. ^ Dierk Stelzer University of Potsdam. Retrieved June 21, 2020 .
  4. ↑ a b Stelzer: Does § 119 SGB X continue a case law developed by the Federal Court of Justice? . Communications from LVA Berlin, 1983, pp. 249–264.
  5. ↑ a b c Stelzer: Does § 119 SGB X continue a case law developed by the Federal Court of Justice? Central Gazette for Social Insurance, Social Welfare and Supply (ZfS), 1984, pp. 97-104.
  6. ↑ Stelzer: Does § 119 SGB X continue a case law developed by the Federal Court of Justice? Central Gazette for Social Insurance, Social Welfare and Supply (ZfS), 1984, pp. 129-136.
  7. ↑ Stelzer: The partial contribution failure Accidental reducing earnings under § 119 SGB X . VersR, 1985, pp. 710-715
  8. ↑ a b Stelzer with the collaboration of Friedrich Hoffmann and Stefan Weber: The insured person's right to information about benefits and their costs in accordance with Section 305 SGB V with regard to the application of the law, the prohibition of legal application and system failure. In: ZfS, 2002, pp. 257-271 and pp. 289-310.
  9. ↑ Stelzer with the collaboration of Friedrich Hoffmann and Stefan Weber: The insured person's right to information about benefits and their costs in accordance with Section 305 of Book V of the Social Code with regard to the application of the law, the prohibition of legal application and system failure. In: ZfS, 2002, pp. 321–327.
  10. ↑ Stelzer with the collaboration of Friedrich Hoffmann and Stefan Weber: The insured person's right to information about benefits and their costs in accordance with Section 305 of Book V of the Social Code with regard to the application of the law, the prohibition of legal application and system failure. In: ZfS, 2002, pp. 289-310.
  11. ↑ With the collaboration of Friedrich Hoffmann: Unsuccessful reform of the information rights of patients or insured persons, among other things with regard to the “ patient receipt ”? In: Die Sozialversicherung, 2003, pp. 197–205.
  12. ↑ Stelzer: The personal areas of application of German and European primary competition law for health insurance companies in the statutory health insurance system in “institutional and functional terms” . In: Die Sozialversicherung, 2000, pp. 141–156.
  13. ↑ Stelzer, Friedrich Hoffmann, Stefan Weber: Information claims of the insured about benefits and their costs according to § 305 SGB V. In: Die Sozialversicherung, 2002, pp. 253–267.
  14. ↑ Stelzer: § 119 SGB X as a legal prohibition of benefit sharing with regard to the accident-proof position. Social Insurance, 1985, pp. 313–317.
  15. ↑ BGBl. I 1989, p. 2261; Correction in Federal Law Gazette I 1990, p. 1337.
  16. ↑ 1983, p. 1772, margin no. 36.
  17. ↑ 1986, p. 187, margin no. 543.
  18. ↑ 1990, p. 190.
  19. ↑ Compensation for damages and social security contributions . In: Contributions to private and commercial law, No. 62, Karlsruhe, 1989, ao pp. 119, 124, 128 + 129.
  20. ↑ 1984, pp. 2851-2854.
  21. ↑ 1985, including pp. 3 + 6.
  22. ↑ 1989, p. 266, margin no. 154.
  23. ↑ 2010 in chapter literature .
  24. ↑ 2012 in bibliography and pp. 1628–1630.
personal data
SURNAME Stelzer, Dierk
ALTERNATIVE NAMES Stelzer, Dierk Otto (full name)
BRIEF DESCRIPTION German lawyer
DATE OF BIRTH February 11, 1945
PLACE OF BIRTH Berlin