Local authority approval regulation
| Basic data | |
|---|---|
| Title: | Ordinance on the approval of municipal bodies as providers of basic security for job seekers |
| Short title: | Local authority approval regulation |
| Abbreviation: | KomtrZV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Legal matter: | Social law |
| References : | 860-2-1 |
| Issued on: | September 24, 2004 ( Federal Law Gazette I p. 2349 ) |
| Entry into force on: | September 28, 2004 |
| Last change by: |
Art. 1 VO from May 29, 2017 ( Federal Law Gazette I, p. 1349 ) |
| Effective date of the last change: |
January 1, 2018 (Art. 2 of May 29, 2017) |
| Please note the note on the applicable legal version. | |
The ordinance on the approval of municipal providers as providers of basic security for jobseekers (Kommunalträger-Zulassungsverordnung - KomtrZV) in Germany regulates in the area of SGB II ( unemployment benefit II ) which municipal providers, as so-called option municipalities , can assume sole responsibility for basic security for job seekers. The basis for authorization is Section 6a (2) SGB II.
The municipal bodies listed in the annex are listed in the list of optional municipalities .
Admission
Originally, the local authority approval ordinance was limited to December 31, 2010 and the number of optional municipalities was limited to exactly 69. With the law on the further development of the organization of basic security for jobseekers of August 3, 2010, new criteria were introduced for option municipalities, which the existing option municipalities had to meet by September 30, 2010 so that the approval could be extended indefinitely.
At the same time, on the basis of these guidelines, new optional municipalities can be approved within certain periods of time. The first such period was valid until December 31, 2010 with effect from January 1, 2012, the next period will be from June 30 to December 31, 2015 with effect from January 1, 2017. The number of option municipalities must not exceed 25 percent of all basic social security providers. ( § 6a Abs. 4 SGB II)
An optional municipality must:
- be able to perform the tasks. Details on this are set out in the ordinance on suitability for the determination of local authorities.
- agree to create a special facility in accordance with Section 6a (5) SGB II in order to carry out their tasks.
- undertake to take on at least 90 percent of the employees and civil servants who had been working at the local employment agency or job center for at least 24 months at the time of admission.
- undertake to conclude a target agreement with the competent state authority on the benefits according to SGB II.
- undertake to transmit the social data to the employment agency in accordance with Section 51b SGB II.
The Federal Ministry of Labor and Social Affairs decides on admission.
According to § 6c , the civil servants and employees are transferred to the service of the optional municipality when a new municipal body is approved. The civil servants can be transferred back without the consent of the Federal Agency, but only until the number of 10 percent of all transferred employees has been reached. If the approval of a local authority is withdrawn, the civil servants and employees who have fulfilled the tasks of the employment agency in accordance with Section 6 (1) SGB II go into its service.