Accident Insurance Modernization Act
| Basic data | |
|---|---|
| Title: | Law to modernize statutory accident insurance |
| Short title: | Accident Insurance Modernization Act |
| Abbreviation: | UVMG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Social law |
| Issued on: | October 30, 2008 ( BGBl. I p. 2130 ) |
| Entry into force on: | November 5, 2008 - January 27, 2010 ( Federal Law Gazette 2010 I p. 252 ) |
| Last change by: |
Art. 3 G of December 5, 2012 ( Federal Law Gazette I pp. 2447, 2448 ) |
| Effective date of the last change: |
January 1, 2013 (Art. 4 Paragraph 1 G of December 5, 2012) |
| GESTA : | G046 |
| Please note the note on the applicable legal version. | |
The law to modernize the statutory accident insurance - Accident Insurance Modernization Act (UVMG) of October 30, 2008 fundamentally reformed the statutory accident insurance in Germany . The aim of the reform was to adapt the organization of accident insurance to the changed conditions in the commercial economy, to better distribute the joint responsibility for the contaminated sites and to modernize the administrative structures as a whole.
Preparations
When the accident insurance law was incorporated into the Social Security Code on January 1, 1997, there was already an extensive discussion about reforming this area of law. The social and economic change had led to a further shift in productivity between the branches of industry: away from the manufacturing and towards the service sector. If the burdens remained the same in the long term, the contributions per entrepreneur in the sectors disadvantaged by the structural change continued to rise, which suggested a new version of the burden-sharing procedure between the professional associations and a reform of the sponsorship.
The reform was prepared by two reports by Professors Bert Rürup and Heinz-Dietrich Steinmeyer on the "economic" and "legal aspects of the reforms in statutory accident insurance" to the Federal Ministry of Labor and Social Affairs .
Legislative process and entry into force
The draft law (BT-Drs. 16/9154, BR-Drs. 113/08) was passed on June 25, 2008 in the Bundestag Committee for Labor and Social Affairs and on June 26, 2008 by the German Bundestag with the votes of the CDU / CSU, SPD and the left have been decided.
The Article Act has gradually come into force since January 1st, 2009.
reform
In detail, the following changes were made, which were incorporated into Book 7 of the Social Code (SGB VII):
- By amalgamation, the number of commercial employers' liability insurance associations should drop from 23 to nine by the end of 2009, and the number of accident insurance funds to 17.
- For the commercial trade associations, a so-called excess burden compensation has been introduced, which is intended to distribute the burden of the individual trade associations due to the historically caused contamination evenly and future-proof among all carriers. This strengthened the principle of solidarity in financing accident insurance. The distribution should be based on 70 percent of the wages and 30 percent of the new pension payments of the accident insurance institutions. For most of the providers, this will reduce the contributions, whereas in the service sector and in the health care system there is more likely to be an increase in contributions. A period up to 2013 is planned for the changeover.
- The previous notification procedure for accident insurance, the proof of wages to the accident insurance institution, has been abolished. Since then, entrepreneurs no longer have to report all legally stipulated data (in particular wage bill and working hours) to the employers' liability insurance association in a summarized manner for the entire company, but instead for each individual insured person to their pension insurance institution, which also takes on the auditing. The companies themselves indicate which risk class an insured person belongs to according to the risk tariff . This new regulation was criticized particularly sharply by entrepreneurs, but also by the employers' liability insurance association, because it increases the administrative burden considerably and data would have to be recorded and transferred that would not be needed to set the hazard tariffs.
- The umbrella association of the commercial trade associations and the accident insurance funds, the German Statutory Accident Insurance (DGUV), was only subject to legal supervision and not, as originally intended, to the technical supervision of the Federal Ministry of Social Affairs.
- The insolvency levy is no longer collected by the employers' liability insurance association, but by the health insurance companies, together with the total social security contribution .
After a lengthy and controversial discussion, a reform of the law on benefits was waived.
Opinions
While the German Social Accident Insurance had mostly welcomed the changes, the FDP saw a need for discussion in the future with regard to benefit law.
literature
- Dörner, Ehlers, Pohlmann, Steinmeyer, Schwienhorst (eds.): 12th Münster Social Law Conference. Reforms in the statutory accident insurance. December 8, 2006 in Münster. Verlag Versicherungswirtschaft, Karlsruhe 2007, ISBN 978-3-89952-349-2 .
See also
Individual evidence
- ^ UVMG (Law of October 30, 2008 Federal Law Gazette I p. 2130, 2010 I p. 252) - legal text, synopsis, justifications , buzer.de.
- ↑ BT-Drs. 16/9154, p. 1.
- ↑ Dörner, Ehlers, Pohlmann, Steinmeyer, Schwienhorst (eds.). 12th Münster Social Law Conference. Reforms in the statutory accident insurance. December 8, 2006 in Münster. Verlag Versicherungswirtschaft. Karlsruhe, 2007. Therein the above-mentioned reports by Bert Rürup (p. 1 ff.) And Heinz-Dietrich Steinmeyer (p. 13 ff.).
- ↑ On the materials see: DIP , ID: 16-13069, accessed on June 24, 2010.
- ^ German Bundestag, Committee for Labor and Social Affairs, recommendation for resolutions and report, BT-Drs. 16/9788.
- ↑ For the details cf. Art. 13 d. G.
- ↑ Changes to the accident insurance reform decided ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , today in the Bundestag, Committee on Labor and Social Affairs, 25 June 2008.
- ↑ DGUV: Statutory Accident Insurance: "Modernization Act brings forward-looking changes overall" ( Memento of the original from May 1, 2009 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. . Press release. June 26, 2008. Retrieved February 28, 2012.
- ↑ [1] ( Page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (offline on February 21, 2012).
