The following slides of a presentation deal with the Social Sytem of Germany, Europe in keywords. It offers a brief summary of the social law system with a short historical review.
Topics are:
the welfare state,
historical development of the social system,
the social state principle,
guaranteed continuance,
the system of social security in Germany,
social security,
the issues of social protection,
financing of social benefits.
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
1.
T
HE
W
ELFARE
S
TATE
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
1.1
H
ISTORICAL DEVELOPMENT
OF THE SOCIAL SYSTEM
2
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
Precursor in antiquity, Middle Ages
and modern times
15 Century
·
TILL15 CENT. NO REGULATIONS
·
FAMILY
·
WITH PROPAGATION OF THE CHRISTIANITY: CHURCHES, CLOISTERS
·
WITH STRONGER GROWING TOWNS: GUILDS
18 Century
·
EXAMPLE PRUSSIA: ESTABLISHMENT POORHOUSES, COMMUNITY HOMES
FOR YOUNGSTERS
·
POOR RELIEF, MINE-EMPLOYEES: SOCIAL MINERS
19 Century
·
STATE HAS RECOGNISED HIS SOCIAL RESPONSIBILITY, THE FIRST
LEGISLATIONS WITH FAR-REACHING CONSEQUENCES, THEREFORE:
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
,,IMPERIAL MESSAGE"
(KAISERLICHE BOTSCHAFT)
OF NOVEMBER 17
th
, 1881
Source:
http://germanhistorydocs.ghi-dc.org/images/30003151-p1.jpg
(ANNOUNCEMENT OF A LAW OF THE PROTECTION OF THE
WORKERS
WITH
ACCIDENT, ILLNESS
AND
AGE
AND
OTHER SOCIAL LAWS
)
3
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL LEGISLATION
[IMPERIAL CHANCELLOR: OTTO VON BISMARCK]
- WAS NEW FOR THE WORLD AT THIS TIME
AND GROUNDBREAKING
- STILL TODAY LAID THE FOUNDATION-STONE FOR
OURS FUNCTIONING SOCIAL SYSTEM OF GERMANY
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL LEGISLATION TIME LINE
1881
ANNOUNCEMENT (IMPERIAL MESSAGE)
1883
INTRODUCTION HEALTH INSURANCE LAW
(IMPERIAL ASSURANCE ORDER - RVO)
1884
INTRODUCTION ACCIDENT INSURANCE LAW
(IMPERIAL ASSURANCE ORDER ENLARGEMENT RVO)
1889
INTRODUCTION LAW ABOUT OCCUPATIONAL DISABILITY
AND RETIREMENT PENSION INSURANCE
(IMPERIAL ASSURANCE ORDER ENLARGEMENT RVO)
4
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL LEGISLATION TIME LINE
1927
LAW ABOUT EMPLOYMENT-FINDING AND UNEMPLOYMENT
...
1953
SOCIAL COURT LAW
1957/1963
REFORM OF OLD AGE PENSION SCHEME AND LEGAL ACCIDENT
INSURANCE
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL LEGISLATION TIME LINE
1962
INTRODUCTION FEDERAL SOCIAL ASSISTANCE ACT
FOR THE FIRST TIME: LEGAL ENTITLEMENT TO CARE OF THE
STATE (LEAST CARE); BEFORE ADMINISTRATIVE DISCRETION
1974/75
INSURANCE OF REHABILITATION AND HANDICAPPED PEOPLE
...
TRANSFORMATION DIFFERENT SOCIAL ORDERS
IN SOCIAL CODES
(SGB PART 1 TO 12)
5
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL LEGISLATION TIME LINE
1995
INTRODUCTION OF COMPULSORY LONG TERM CARE INSURANCE
(NURSING INSURANCE)
..CURRENT:
DIFFERENT REFORM ACTS
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
1.2
THE SOCIAL STATE PRINCIPLE
6
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
WHAT IT MEANS
:
SOCIAL STATE PRINCIPLE ?
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL STATE PRINCIPLE
OBJECTIVE:
THE STATE HAS OBLIGATION OF,
-EXISTENCE PRECAUTION
-PREVENTION OF MATERIAL NEED AND SOCIAL DESCENT
-SECURITY OF LIFE RISKS
FOR THE PROTECTION OF THE SOCIAL PEACE
(SOCIAL JUSTICE)
7
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL STATE PRINCIPLE
... IS NOT A STIFF PRINCIPLE, BUT HAS TO GO ON NEWS
DEVELOPMENTS CAN REACT ...
... THE
ARRANGEMENT
OF THE PRINCIPLE BECAME BY THEM
FATHERS OF THE BASIC LAW TO THE
LEGISLATOR
LEAVE ...
LANDMARK:
JUDGMENT OF THE FEDERAL CONSTITUTIONAL COURT
(From June 24, 1954)
FOR THE FIRST TIME LEGAL ENTITLEMENT TO PUBLIC CARE
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
WHY WE TALK
GENERALLY ABOUT
SOCIAL AFFAIRS
?
8
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
BASIC LAW OF GERMANY
(CONSTITUNIONAL LAW)
FEDERAL REPUBLIC OF GERMANY
HAS CONFESSED TO THE
SOCIAL STATE PRINCIPLE
AND HAS ESTABLISHED IN THE BASIC LAW.
ANCHORAGE SOCIAL STATE ORDER
THEREFORE:
THE STATE HAS THE OBJECTIVE AND OBLIGATION FOR
THE CITIZENS!
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
BASIC LAW OF GERMANY
ARTICEL 1
UNTOUCHABILITY OF THE HUMAN DIGNITY
PARAGRAPH 1:
THE DIGNITY OF THE HUMANS IS UNTOUCHABLE. TO RESPECT
THEM AND TO PROTECTION IS
OBLIGATION OF ALL STATE
POWER.
ARTICEL 20
THE FEDERAL REPUBLIC IS A
DEMOCRATIC
AND
SOCIAL
FEDERAL STATE.
9
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
Supplement of the Social State Principle by
Fundamental rights (Basic Law)
ARTICLE 6, PARAGRAPH 1
PROTECTION OF MARRIAGE AND FAMILY
ARTICLE 6, PARAGRAPH 4
MATERNITY PROTECTION
ARTICLE 12
OCCUPATIONAL FREEDOM, FORBADE FROM HARD LABOUR
ARTICLE 14
PROPERTY OBLIGES
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
Fundamental rights
... ARE FOR ALL STATE FACILITIES
OBLIGATORILY AND VALID RIGHT!
THEREFORE THE ,,JOB" OF THE STATE!
THE LEGISLATION, MANAGEMENT AND ADMINISTRATION OF
JUSTICE HAS THE OBLIGATION TO AN ACTIVE CO_AUTHORED
THE SOCIAL JUSTICE AND SOCIAL BALANCE
TIP:
FROM IT RESULTED NO INDIVIDUAL CLAIM ON
CERTAIN ACHIEVEMENTS, BUT ONLY BY
LEGISLATION, E.G., SOCIAL LAW BOOK
10
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
BUT:
SOCIAL STATE LEADS NOT TO THE COMPLETE "WELFARE STATE",
BUT THE CITIZEN HAS
OWN RESPONSIBILITY / OBLIGATION TO THE SELF-HELP
OBLIGATIONS OPPONENT TO THE STATE
(E.G., SOCIAL COMPULSORY INSURANCE, TAX DUTY)
ONE CALLS COMBINATION OF SOCIAL AND JURIDICAL DEFAULT
AND THE OBLIGATIONS OF THE CITIZENS
SOCIAL CONSTITUTIONAL STATE
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
ROLE OF THE STATE
·DEFINITIONS OF THE LEGAL BASIC CONDITIONS
.
E.G., SOCIAL CODES (SGB)
·THE LEGISLATIVE INTERVENE WITH ECONOMIC AND
SOCIAL SKEW SITUATION
E.G., TOPICAL DISCUSSION FOR THE ADAPTATION ,,HARTZ
CONTROL SENTENCES IV" (Basic benefits in case of unemployment)
11
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
Social constitutional state (compactly)
SOCIAL STATE
·SOCIAL BALANCE
·SOCIALJUSTICE
·HUMAN DIGNITY
·WELFARE OF ALL HUMANS
CONSTITUTIONAL STATE
·LEGITIMACY OF THE STATE
MANAGEMENT
·CONNECTION OF THE STATE
POWER TO FUNDAMENTAL RIGHTS
· PROTECTION OF SINGLE HUMAN
SOCIAL CONSTITUTIONAL STATE
·SOCIAL RIGHTS OF THE SINGLE HUMAN
·SOCIAL DUTIES OF THE SINGLE HUMAN
·JUSTICE AND LEGALITY
·PROTECTION AND PROSPERITY
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
1.3
GUARANTEED CONTINUANCE
12
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
WHAT IT MEANS:
GUARANTEED CONTINUANCE ?
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
GUARANTEED CONTINUANCE
CONSTITUTIONAL-JURIDICAL BASIC DECISIONS
·SOCIAL STATE
·CONSTITUTIONAL STATE
·FEDERAL STATE
(ARTIKEL 28 BASIC LAW)
·DEMOCRACY
(ALL AUTHORITY OF THE STATE GOES OUT FROM THE
PEOPLE, RULE ON TIME)
·REPUBLIC
(FORM OF GOVERNMENT, FEDERAL PRESIDENT AS THE
HEAD OF STATE)
"ETERNITY CLAUSE"
(ARTICEL 79 PARAGRAPH 3 BASIC LAW)
13
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
GUARANTEED CONTINUANCE
OBJECTIVE:
NO ONE / NONE SHOULD HAVE THE POSSIBILITY IN THE
PARLIAMENT TO CHANGE THESE REGULATIONS.
CONSEQUENCE:
ALL FUNDAMENTAL RIGHTS STAND UNDER THE SPECIAL
PROTECTION OF THE CONTINUANCE GUARANTEE
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
GUARANTEED CONTINUANCE
OBLIGATION OF THE FEDERAL STATES
ARTICEL 28 PARAGRAPH 1 BASIC LAW
SAYS THAT THE ORDER ACCORDING TO CONSTITUTION ALL
STATES OF GERMANY MUST CORRESPOND TO THE PRINCIPLES
OF THE REPUBLICAN, DEMOCRATIC AND SOCIAL OF
CONSTITUTIONAL STATE.
EXAMPLE, STATE OF BERLIN:
ARTICLE 22 PARAGRAPH 1 OF THE CONSTITUTION
... TO REALISE OBLIGATION OF THE COUNTRY WITHIN THE SCOPE
OF HIS FORCES THE SOCIAL PROTECTION ...
14
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
2.
THE SYSTEM
OF THE SOCIAL
SECURITY IN GERMANY
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
2.1
THE SOCIAL NET
OF THE FEDERAL REPUBLIC
OF GERMANY
15
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
WHAT IS YOUR UNDERSTANDING OF
,,SOCIAL NET"
AND
WHICH SOCIAL BENEFITS YOU KNOW?
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL NET IS THE SUM OF ALL
SOCIAL BENEFITS OF THE
(FEDERAL) STATE.
16
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL BENEFITS
Source: http://www.kreativ-
onischke.de/datenbank/fotos/info_sozialnetz.jpg
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL BENEFITS
Housing benefit
Child-rising benefit
17
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
AGE
ILLNESS
CHILD
BENEFITS
PROVISIONS FOR
DEPENDANTS
DISABILITIES PENSION
UNEMPLOYMENT INSURANCE
Social issues in percent
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
2.2
THE SOCIAL SECURITY
18
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
W
HAT IS YOUR UNDERSTANDING OF
S
OCIAL SECURITY
AND WHICH BRANCHES OF THEM
D
O YOU KNOW
?
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
B
RANCHES OF
S
OCIAL
S
ECURITY
LEGAL
H
EALTH
I
NSURANCE
R
ETIREMENT
P
ENSION
I
NSURANCE
U
NEMPLOYMENT
I
NSURANCE
L
EGAL
A
CCIDENT
I
NSURANCE
A
ND
L
ONG
T
ERM
C
ARE
I
NSURANCE
(N
URSING
C
ARE
)
19
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL SECURITY CONTRIBUTIONS
BASIC PRINCIPLE:
Employee 50%
Employer 50%
EXCEPTIONS:
HEALTH INSURANCE,
ADDITIONAL CONTRIBUTION FOR EMPLOYEES
LEGAL ACCIDENT INSURANCE,
Employer 100%
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL SECURITY CONTRIBUTIONS
2015
AN = Employee
AG = Employer
Health insurance
(14,6%, AN: 7,30%, AG.: 7,30%)
plus indiviual contributions
Retirement pension insurance
(18,7%, AN: 9,35%, AG: 9,35%)
Unemployment insurance
(3,0%, AN: 1,50%, AG: 1,50%)
Legal accident insurance
(Employer pays alone after risk group)
Long term care insurance
(2,35%, AN: 1,1750%, AG: 1,1750%)
"CHILDLESS" pays PLUS 0,25% (only employees)
20
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL SECURITY
ALL SOCIAL SECURITY AUTHORITIES ARE
BODIES OF THE PUBLIC RIGHT
(WITH SELF-GOVERNMENT)
WHAT IS THE MEANING OF THIS?
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL SECURITY
BODIES OF THE PUBLIC RIGHT
(WITH SELF-GOVERNMENT)
· ARE AUTHORITIES FOR THE PURPOSES OF THE
SOCIAL CODE (INDIRECT STATE MANAGEMENT)
· HAVE MEMBERS (ASSURED)
· ARE FINANCED BY CONTRIBUTIONS (PUBLIC
DELIVERIES LIKE TAXES)
21
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
LEGAL HEALTH INSURANCE
DO YOU KNOW
LEGAL HEALTH INSURANCE SCHEMES IN GERMANY
AND WHICH PERSONAL GROUPS
ARE INSURED?
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
LEGAL HEALTH INSURANCE
22
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
LEGAL HEALTH INSURANCE
DUTIES
SOCIAL DUTY
· HEALTH OF THE INSURED PERSONS
· EQUALITY OF THE INSURANCE COVER (HOWEVER:
ELECTORAL RATES)
BENEFITS
· ACHIEVEMENTS
· PREVENTION OF ILLNESSES
· EARLY DIAGNOSIS OF ILLNESSES
· TREATMENT OF ILLNESSES
· ACHIEVEMENTS WITH PREGNANCY AND MATERNITY
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
LONG TIME CARE INSURANCE
IS ORGANIZED WITH HEALTH INSURANCE
SCHEME, BUT SEPARATED (MONEY)
MANAGEMENT
DUTIES
DECREASE OF THE FINANCIAL LOADS WITH
NURSING NEED
BENEFITS
· AMBULANT AND
· STATIONARY MAINTAINS
· DIFFERENTLY ACCORDING TO GRAVITY OF THE ILLNESS
NURSING STEP (0-3), DELIBERATE ANEW: NURSING DEGREES 0-4
23
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
RETIREMENT PENSION INSURANCE
DUTIES
· REHABILITATION
· PENSIONS TO INSURED PERSONS AND MEMBERS
BECAUSE OF DECREASED CAPACITY TO WORK
AT THE AGE
IN DEATH
[THE HEIGHT OF THE PENSION DEPENDS BASICALLY AFTER THE HEIGHT
OF THE PAID CONTRIBUTIONS AND DURATION OF THE MEMBERSHIP]
· PAYMENT OF CONTRIBUTIONS (E.G., IN HEALTH INSURANCE
SCHEME)
· CONSULTATION AND CLARIFICATION
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
RETIREMENT PENSION INSURANCE
BEARER
Source: http://pub.mezzo-mac.de/school/image002.jpg
24
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
UNEMPLOYMENT INSURANCE
DUTIES:
· EMPLOYER'S CONSULTATION
· MEDIATION IN EDUCATION AND PLACES ARBEITS INCL.
CAREERS GUIDANCE
· SUPPORT
OF THE PROFESSIONAL TRAINING AND PROFESSIONAL CONTINUING
EDUCATION
OF THE PROFESSIONAL INTEGRATION OF HANDICAPPED PEOPLE
(PARTICIPATES)
· PRESERVATION AND CREATION OF JOBS
· PAYMENT OF E.G., UNEMPLOYMENT BENEFIT
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
UNEMPLOYMENT INSURANCE
BEARER:
FEDERAL AGENCY FOR WORK
(BUNDESAGENTUR FÜR ARBEIT)
-REGIONAL MANAGEMENTS
-AGENCIES FOR WORK
-OFFICES
25
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
LEGAL ACCIDENT INSURANCE
DUTIES:
· ACCIDENT PREVENTION
DECREE OF ACCIDENT PREVENTION REGULATIONS
SUPERVISION BY TECHNICAL ATTENDANTS
· ACHIEVEMENTS WITH CONSEQUENCES OF AN ACCIDENT
(WORK ACCIDENT, ROAD ACCIDENT, OCCUPATIONAL DISEASE)
REMEDIAL TREATMENT
INJURED MONEY
ACHIEVEMENTS TO THERE PARTICIPATES AM WORKING LIFE
TRANSITIONAL MONEY
INJURED PENSION
FUNERAL BENEFIT
SURVIVOR'S PENSION
COMPENSATIONS
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
LEGAL ACCIDENT INSURANCE
BEARER:
-PROFESSIONAL
ASSOCIATIONS FOR
DIFFERENT BRANCHES OF
INDUSTRIES, E.G.,
CONSTRUCTION, TRADE,
MINING, TRAFFIC
-CIVIL SERVICE, E.G. IN
THE STATE OF BERLIN
26
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
2.3
T
HE ISSUES OF SOCIAL PROTECTION
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
ISSUES OF SOCIAL PROTECTION
THEREFORE
APPROX. EVERY
THIRD EUR IS USED
IN GERMANY FOR
SOCIAL BENEFITS.
Source: http://www.aerzteblatt.de/bilder/2009/11/img141244.jpg
27
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
ISSUES OF SOCIAL PROTECTION
WHAT COULD BE THE REASON
FOR RUNNING RISING
SOCIAL EXPENSES?
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
ISSUES OF SOCIAL PROTECTION
SOCIAL REPORT
- FOR MANY YEARS RISING PORTION IN EXPENDITURES
FOR SOCIAL BENEFITS (SOCIAL BENEFIT RATE),
APPROX. 30%
- BAD ECONOMIC SITUATION CAUSED HIGHER SOCIAL
EXPENSES
- NO TURN BACK TO THE DEVELOPMENT RECOGNIZABLY
28
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
ISSUES OF SOCIAL PROTECTION
SOCIAL WELFARE
IN CASE OF MORE EXACT CONSIDERATION
YOU CAN SEE THAT THE ISSUES FOR SOCIAL WELFARE
TAKES THE STRONGEST RISE AT LAST YEARS.
HOW DOES THIS CONSIST?
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL WELFARE
BERLIN:
ANNUAL ISSUES FROM APPROX.
1,400,000,000 EUR
ACHIEVEMENT RECEIVER APPROX.
20,000
AVERAGE AGE APPROX.
55.0 YEARS
A
DDITIONAL
H
ELPS IN NURSING CARE
I
NDIVIDUAL CASE SUPPORT
O
THER HELPS
ANNUAL ISSUES, 2009
29
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
ISSUES SOCIAL WELFARE
SOURCE: OFFICE FOR STATISTIK BERLIN-BRANDENBURG, 2009
E.G., BERLIN
Berlin
Social Welfare, 2009
Beneficiary
Issues
in EUR
Achievements after 5. to the 9th chapter SGB XII (sum)
53,111
1,403,769,000
of it hepls for health
246
3,412,000
of it integration help to handicapped people
22,900
585,340,000
Of it additional helps for nursing care
25,775
323,156,000
of it help for overcoming more specially more socially
difficulties and help in other situations
5,835
43,299,000
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL WELFARE
BERLIN:
THIRD-HIGHEST
ISSUES IN
SOCIAL
WELFARE ALL
OVER THE
STATES OF
GERMANY
Source: http://bilder1.n-tv.de/img/incoming/crop477088/9589306301-cImg_4_3-w680/SOZIALHILFE-AUSGABEN-4C-JPG-
GRA102.jpg
30
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
ISSUES OF SOCIAL BENEFITS (GENERALLY)
Source:
http://www.sozialpolitik-aktuell.de/tl_files/sozialpolitik-aktuell/_Politikfelder/Finanzierung/Datensammlung/PDF-
Dateien/abbII24.pdf
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
ISSUES OF SOCIAL SECURITY
PROBLEM: MONEY GAP
ISSUES
EARNINGS
DEFICIT
Source:
http://www.beobachter.ch/uploads/RTEmag
icC_cc6fb71709.jpg.jpg
31
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
ISSUES OF SOCIAL SECURITY
WHICH POSSIBILITIES YOU SEE
TO SOLVE THIS PROBLEM?
KEYWORDS:
MORE MONEY TO THE SYSTEM? BUT HOW?
BENEFIT CUT?
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
2.4
FINANCING OF SOCIAL BENEFITS
32
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
FINANCING
OF SOCIAL BENEFITS
FINANCING:
· STATE [FEDERAL STATE, STATES, MUNICIPALITIES]
· ENTERPRISES (CONTRIBUTIONS, TAXES)
· PRIVATE INDIVIDUALS (CONTRIBUTIONS, TAXES)
But:
- Issues of the state for social benefits are raised to the most by
taxes of the private individuals before.
- Enterprises have included her issues also before in the price with.
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
2.5
THREE COLUMNS THEORY
33
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
THREE COLUMNS THEORY
SOCIAL SECURITY
PRINCIPLE OF
INSURANCE
PREVENTION
PRINCIPLE OF
REPARATION
PRINCIPLE OF
COMPENSATION
SUPPLY
WELFARE
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
PRINCIPLE OF
INSURANCE
PRINCIPLE OF
REPARATION
PRINCIPLE OF
COMPENSATION
HEALTH
INSURANCE
RETIRMENT
PENSION
INSURANCE
LEGAL ACCIDENT
INSURANCE
INEMPLOYMENT
INSURANCE
CHILD BENEFIT
HOUSING BENEFIT
OFFICIAL BENEFIT
WAR VICTIM
BENFITS
WELFARE
YOUTH WELFARE
SOCIAL
REHABILITATION
THREE COLUMNS THEORY
34
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
THREE COLUMNS THEORY
BUT THERE IS ALSO:
,,4. COLUMN"
named
P R I V A T E
PREVENTION
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
2.6
D
UTIES AND OBJECTIVES
OF THE SOCIAL CODE
35
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
DUTIES AND OBJECTIVES
OF SOCIAL CODE
12 books (SGB = Social Law Book)
SGB I
General part (valid from 01/01/1976)
SGB II
Basic financial security for unemployment (valid from 01/01/2005)
SGB III Promotion of employment (valid from 01/01/1998)
SGB IV Common regulations of Social security (valid from 07/01/1977)
SGB V
Legal health insurance (valid from 01/01/1989)
SGB VI Legal old age insurance (valid from 01/01/1992)
SGB VII Legal accident insurance (valid from 01/01/1997)
SGB VIII Child and youth services act (valid from 01/01/1991)
SGB IX Rehabilitat./Paricitipates of handic. Peopl. (valid from 01/07/2001)
SGB X Administrative procedures, Protection of social data,
Cooperation of the benefit bearer (valid from 01/01/1981)
SGB XI Legal long time nursing care (valid from 01/01/1995)
SGB XII Social Welfare (valid from 01/01/2005)
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
DUTIES AND OBJECTIVES
OF SOCIAL CODE
HOW IT WORKS?
INSURED PERSON
-
pays contributions, even if no achievements are needed
(every month from income)
-
makes an application for benefits in case of need
AUTHORITY
-
takes the money from the insured persons and distributes them to those
which need benefits (no profits)
- checks the application and decides on it (legal claim)
36
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
DUTIES AND OBJECTIVES
OF SOCIAL CODE
ON WHICH BASIS THE AUTHORITY DECIDES?
LAW
(e.g., Social Code)
GUIDELINE
(e.g., Health Insurance: from ,,Joint Federal Committee" )
LAW COMMENTARY
AGREEMENTS
JURISDICTION OF THE HIGHER SOCIAL COURTS
(like Law)
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
DUTIES AND OBJECTIVES
OF SOCIAL CODE
AND WHAT IF I WILL NOT AGREE WITH
THE DECISION OF THE AUTHORITY?
37
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
DUTIES AND OBJECTIVES
OF SOCIAL CODE
This is also regulated!
- ABOUT EVERY APPLICATION IS A WRITTEN
ANSWER GIVEN
- IN THIS ANSWER IS CONTAINED A LEGAL
REMEDY INSTRUCTION (IST A MUST!)
LAW STATE PRINCIPLE
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
DUTIES AND OBJECTIVES
OF SOCIAL CODE
IF YOU NOT AGREE WITH THE ANSWER THERE IS THE
FOLLOWING PROCEDURE POSSIBLE:
- INSERT CONTRADICTION AGAINST THE ANSWER
- The authority has to proof the decision about the new arguments
- If the authority remedy the answer it gives a new anser with another legal
remedy contradiction
- If the authority cannot remedy the contradiction, it remits a written
contradiction answer
- COMPLAINT AT THE SOCIAL COURT
- Against this contradiction answer only complaint can be inserted at the
social court within one month
38
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL COURT AFFAIRS
3 INSTANCES:
First:
SOCIAL COURT
For a district ... e.g., Social Court of Berlin
They proof alls decisions of the social authorities
Second:
HIGHER SOCIAL COURT
For one or more States ... e.g., Higher Social Court for
the states of Berlin and Brandenburg
They proof the decisions of the social courts
Third:
FEDERAL SOCIAL COURT
They proof the decisions of the Higher social courts
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
SOCIAL COURT AFFAIRS
SOCIAL COURT
Chambers
3 judges (
1 professional, 2 honorary judges)
HIGHER SOCIAL COURT
Senates
5 judges (3 professional, 2 honorary judges)
FEDERAL SOCIAL COURT
Senates
5 judges (3 professional, 2 honorary judges)
39
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
GERMAN LEGISLATION
LEGISLATIVE PROCEDURE
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
GERMAN LEGISLATION
HOW IS A FEDERAL SOCIAL LAW MADE?
FIRST ONCE THERE ORIGINATES THE IDEA.
- FROM THE GOVERNMENT,
- FROM THE MINISTRY,
- FROM REPRESENTATIVES,
- FROM THE BUNDESRAT (STATE`S CHAMBER),
- ON TIP OF A FEDERAL COURT
- OR ON ACCOUNT OF A PETITION OF A CITIZEN
...
40
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
GERMAN LEGISLATION
STEPS (short version)
1. The first draught of the law goes to the
Bundestag (Federal Parliament).
2. This gives it to the responsible committee
of the parliament.
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
GERMAN LEGISLATION
3. The committee consults on it, take a
hearing to experts and delivers a
recommendation.
4. Then goes the law with the
recommendation to the plenary sitting of the
parliament.
41
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
GERMAN LEGISLATION
5. The parliament goes for the vote.
If the law finds the majority, it is decided. If
not return to Step 3 (max. two times).
6. Because it is a federal law, the state`s
chamber cannot decide on it.
7. Signing the law by the Federal President.
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
EUROPEAN UNION
European Social Charter
(ESC)
42
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
EUROPEAN UNION
European Social Charter (ESC)
October 18
th
, 1961,
valid from February 23
rd
, 1965
19 Social rights
Last update:
May 3
rd
, 1996,
valid from July 1
th
, 1999
31 Social rights
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
EUROPEAN UNION
THE EXERCISE OF
SOCIAL RIGHTS
HAS TO GO WITHOUT DISCRIMINATION
FOR REASONS
- OF THE RACE,
- THE SKIN COLOUR,
- OF THE GENDER,
- THE RELIGION,
- THE POLITICAL OPINION,
- THE NATIONAL DESCENT OR
- THE SOCIAL ORIGIN
BE GUARANTEED.
43
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
EUROPEAN UNION
SOCIAL RIGHTS
(Election)
...
11. Everyone has the right to benefit from any measures enabling him to
enjoy the highest possible standard of health attainable.
12. All workers and their dependents have the right to social security.
13. Anyone without adequate resources has the right to social and medical
assistance.
14. Everyone has the right to benefit from social welfare services.
...
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
EUROPEAN UNION
SOCIAL RIGHTS
...
15. Disabled persons have the right to vocational training, rehabilitation
and resettlement, whatever the origin and nature of their disability.
16. The family as a fundamental unit of society has the right to
appropriate social, legal and economic protection to ensure its full
development.
17. Mothers and children, irrespective of marital status and family
relations, have the right to appropriate social and economic protection.
...
44
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
EUROPEAN UNION
E.G. Health
SOCIAL RIGHTS
Article 3 The right to safe and healthy working conditions
With a view to ensuring the effective exercise of the right to safe and
healthy working conditions, the Contracting Parties undertake:
1.to issue safety and health regulations;
2. to provide for the enforcement of such regulations by measures of
supervision;
3. to consult, as appropriate, employers' and workers' organisations on
measures intended to improve industrial safety and health.
...
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
EUROPEAN UNION
... AND...
SOCIAL SECURITY
EVERY INSURED PERSON CAN GO TO ANOTHER STATE TO TAKE
BENEFITS
BUT: IT ALWAYS BINDING THE LAW OF THE MEMBER STATE WHICH I
TAKE UP THE SERVICES
PLUS: BILATERAL AGREEMENTS BETWEEN STATES OUTSIDE THE E.U.
(E.G. GERMAN-TURKISH AGREEMENT ABOUT SOCIAL SECURITY
NATIONAL OFFICE FOR SOCIAL SECURITY IN EVERY MEMBER STATE
...
45
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
EUROPEAN UNION
E.G., HEALTH INSURANCE CARD (German version)
SOCIAL RIGHTS
Source: https://www.aok.de/medien/baden-wuerttemberg/form/eGK_vorder_rueck_aok%20bw.jpg
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
EUROPEAN UNION
E.G., HEALTH INSURANCE CARD (Italian version)
SOCIAL RIGHTS
Source:
http://www.comune.ripaltacremasca.cr.it/public/upload/image/2013/Layout%20TS-
CNS%20scadenza%202019_OK.jpg
http://assistenza.finanze.it/knowledgebases/puntofisco/image/GestioneUtenti/tessera.gif
46
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
GROUP WORK 1
YOU GOT THE ORDER TO BUILD UP IN YOUR COUNTRY A
HEALTH INSURANCE ARE BASED WHICH INSURES OF ALL
PEOPLE.
IN WHICH STEPS WOULD YOU GO FORWARD AND WHICH
BENEFITS SHOULD THE HEALTH INSURANCE AT LEAST
CONTAINS?
PLEASE, DISCUSS YOUR IDEAS WITHIN THE GROUP AND
PRESENT YOUR SOLUTIONS.
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
GROUP WORK 2
NOW YOU KNOW THE GERMAN SOCIAL SECURITY SYSTEM.
PLEASE, CHANGE YOUR PERSPECTIVE NOW.
WHAT YOU HAVE TO DO, SO THAT THE SYSTEM OF THE
SOCIAL PROTECTION FUNCTIONS IN GERMANY NOT
FURTHER AND BREAKS SOMETIME?
PLEASE, DISCUSS YOUR IDEAS WITHIN THE GROUP AND
PRESENT YOUR SOLUTIONS.
47
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
GROUP WORK 3
GERMANY HAS A VERY GOOD SOCIAL SYSTEM AT
INTERNATIONAL LEVEL. STILL THERE ARE MANY
PROBLEMS WITHIN THE SYSTEM. IS ITEVEN MORE
DIFFICULTLY GROWING FINANCING OR THE PROBLEMS OF
THE GENERATIONS BECOMING OLDER. ALSO MANY
PEOPLE ARE LIVING AS A SINGLE, NOT IN FAMILY LIKE
BEFORE.
WHAT WOULD YOU DO, SO THE SYSTEM FURTHER
FUNCTIONS ON A CONTINUING BASIS? WHICH STEPS
WOULD YOU ADVISE?
PLEASE, DISCUSS YOUR ,,PER" AND ,,AGAINST" WITHIN THE
GROUP AND PRESENT YOUR SOLUTIONS.
Social Security System
Andreas Manthey-Aznavuryan, Professor
at Haybusak University
THANK YOU
FOR YOUR ATTENTION!
ALL THE BEST AND A LOT OF SUCCESS!
48
Frequently Asked Questions about the Social Security System
What is the Welfare State?
The Welfare State is a concept discussed in the context of the Social Security System.
What is the historical development of the social system?
The historical development of the social system is discussed, including precursors in antiquity, the Middle Ages, and modern times.
What happened in the 15th Century regarding social regulations?
Until the 15th Century, there were no specific social regulations. The family played a key role, followed by churches/cloisters with the propagation of Christianity, and guilds with growing towns.
What was the role of Prussia in the 18th Century?
Prussia established poorhouses and community homes for youngsters. Poor relief and social miners also existed.
What key development occurred in the 19th Century?
The state recognized its social responsibility, leading to the first legislations with far-reaching consequences.
What is the "Imperial Message" (Kaiserliche Botschaft) of 1881?
The "Imperial Message" announced a law for the protection of workers concerning accident, illness, age, and other social matters.
What is "Social Legislation"?
Social Legislation, as enacted by Imperial Chancellor Otto von Bismarck, was groundbreaking for its time and still lays the foundation for Germany's functioning social system.
What is the Social Legislation timeline in Germany?
Key milestones include: 1881 (Announcement), 1883 (Health Insurance Law), 1884 (Accident Insurance Law), 1889 (Law about occupational disability and retirement pension insurance), 1927 (Law about employment-finding and unemployment), 1953 (Social Court Law), 1957/1963 (Reform of old age pension scheme), 1962 (Federal Social Assistance Act), 1974/75 (Insurance of rehabilitation and handicapped people), 1995 (Long Term Care Insurance).
What is the Social State Principle?
The Social State Principle aims for existence precaution, prevention of material need and social descent, and security of life risks for the protection of social peace (social justice).
Is the Social State Principle a static concept?
No, the Social State Principle is not stiff but has to react to new developments. The arrangement of the principle was left to the legislator.
What is the significance of the Basic Law of Germany (Constitutional Law) in relation to the Social State Principle?
The Federal Republic of Germany has confessed to the Social State Principle and established it in the Basic Law.
How do Fundamental Rights supplement the Social State Principle?
Fundamental rights, such as protection of marriage and family, maternity protection, occupational freedom, and property obliges, supplement the Social State Principle.
What is the relationship between Individual Claims and the State?
It has resulted in no individual claim on certain achievements, but only by legislation, e.g., Social Law Book
Does the Social State equate to a complete "Welfare State"?
No, the Social State does not lead to a complete "Welfare State." Citizens have their own responsibility/obligation to self-help.
What is the role of the State in the Social Constitutional State?
The State defines legal basic conditions (e.g., Social Codes) and intervenes in economic and social skew situations.
What is the Social Constitutional State?
The Social Constitutional State combines social balance, social justice, and human dignity with the legitimacy of state management, connection of state power to fundamental rights, and protection of the single human. It involves social rights and duties, justice and legality, and protection and prosperity.
What is Guaranteed Continuance?
Guaranteed Continuance implies basic constitutional-juridical decisions that are core to the system and protected against easy alteration, e.g., by amending laws. Includes constitutional-juridical basic decisions: SOCIAL STATE CONSTITUTIONAL STATE FEDERAL STATE DEMOCRACY REPUBLIC
What does the phrase "Eternity Clause" mean?
It refers to Article 79 Paragraph 3 Basic Law which protects certain fundamental principles
Why are Social Security System fundamentals guaranteed?
The purpose is to prevent anyone in parliament from altering key regulations, protecting fundamental rights through a continuance guarantee
What does "Obligation of the Federal States" mean?
According to Article 28 Paragraph 1 of the Basic Law, the order in all states of Germany must correspond to the principles of the republican, democratic and social of constitutional state.
What is the Social Net of the Federal Republic of Germany?
The Social Net is the sum of all social benefits provided by the (federal) state. Includes provisions for dependants and social issues
What are some examples of Social Benefits?
Child-rising benefit, housing benefit
What are the branches of Social Security?
Legal Health Insurance, Retirement Pension Insurance, Unemployment Insurance, Legal Accident Insurance, and Long Term Care Insurance (Nursing Care).
How are Social Security contributions typically divided?
Employee 50%, Employer 50%.
What are the exceptions to the Social Security contributions division?
Health Insurance (additional contribution for employees) and Legal Accident Insurance (Employer 100%).
What is the Social Security Authority?
ALL SOCIAL SECURITY AUTHORITIES ARE BODIES OF THE PUBLIC RIGHT (WITH SELF-GOVERNMENT) Meaning are authorities for the purposes of the social code (indirect state management)
What are some of Legal Health Insurance duties?
Health of the insured persons, equality of the insurance cover (however: electoral rates)
What are some of Legal Health Insurance benefits?
Achievements, prevention of illnesses, early diagnosis of illnesses, treatment of illnesses, achievements with pregnancy and maternity
What are the duties of Retirement Pension Insurance?
Rehabilitation, Pensions to insured persons and members, payment of contributions (e.g., in health insurance scheme), Consultation and clarification
Who are the Unemployment Insurance Bearer?
FEDERAL AGENCY FOR WORK(BUNDESAGENTUR FÜR ARBEIT)
Who are the Legal Accident Insurance Bearer?
PROFESSIONAL ASSOCIATIONS FOR DIFFERENT BRANCHES OF INDUSTRIES, E.G., CONSTRUCTION, TRADE, MINING, TRAFFIC and CIVIL SERVICE, E.G. IN THE STATE OF BERLIN
What are some of the duties of Unemployment Insurance?
Employer’s consultation, mediation in education and places arbeits incl. careers guidance and more
What are "Social issues" in percent?
Information is needed in terms of unemployment insurance, provisions for dependants, disabilities pension, age and illness
What are the Issues of Social Protection?
Expenditures for social benefits (social benefit rate), approx. 30% and bad Economic situation Caused Higher Social expenses
What is "Social Welfare"?
In case of more exact consideration you can see that the issues for social welfare takes the strongest rise at last years
What are Key Facts about the SOCIAL WELFARE system?
Annual Issues, 2009. (See the table provided)
What is the money gap PROBLEM?
The Money Gap reflects a Deficit related to the Earnings.
How do you "FINANCING" a social system?
With: STATE [FEDERAL STATE, STATES, MUNICIPALITIES] ,ENTERPRISES (CONTRIBUTIONS, TAXES) and PRIVATE INDIVIDUALS (CONTRIBUTIONS, TAXES)
What does the Three Column Theory mean?
Describes what Social Security is from three different concepts: insurance, reparation and compensation
What are social rights?
Guaranteed WITHOUT DISCRIMINATION: OF THE RACE ,THE SKIN COLOUR, OF THE GENDER, THE RELIGION, THE POLITICAL OPINION and THE NATIONAL DESCENT OR THE SOCIAL ORIGIN.
What is "THREE COLUMNS THEORY"?
THREE COLUMNS THEORY (and what is the,,4. COLUMN"): INSURANCE PREVENTION, REPARATION and SUPPLY and COMPENSATION WELFARE and PRIVATE PREVENTION
What is required to build up a health insurance?
There will be steps and there must be benefits that the health insurance contains
How is a Federal Social Law Made?
The first draught of the law goes to the Bundestag (Federal Parliament). This gives it to the responsible committee of the parliament
Where can I find information related to the legal issues?
The law and the jurisdiction of the higher social courts are like the Law but you can find also a guideline and a law commentary
Can I go to another state for legal reasons?
Yes, every insured person can go to another state to take benefits
### What are German Legislation Steps? - The first draught of the law goes to the Bundestag (Federal Parliament). - The first draught of the law goes to the Bundestag (Federal Parliament). This gives it to the responsible committee of the parliament. - The committee consults on it, take a hearing to experts and delivers a recommendation. - Then goes the law with the recommendation to the plenary sitting of the parliament. - The parliament goes for the vote. - Because it is a federal law, the state`s chamber cannot decide on it. - Signing the law by the Federal President.
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- Quote paper
- Andreas Manthey (Author), 2015, Overview of Germany's Social Security System. Principles and Historical Development, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/306022
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