Federal Constitutional Court

Hundreds of thousands of self-employed persons who are voluntarily legally insured, pay high contributions since January 2009, stakeholders can expect with a retroactive contribution refund hundreds of thousands of self-employed persons who are voluntarily legally insured, pay to high posts at least according to the Hessen social Court and the Sozialgerichts Munich since January 2009. If their legal opinion prevails, many of those affected can expect a retroactive contribution refund. She can be several hundred dollars per month since beginning of 2009! If the Supreme social, join the decision of the Munich Sozialgerichts, zig self-employed persons who are voluntarily legally insured, could hope to a true windfall. Because, according to the Court, they would have to pay only the minimum of about 285 euros per month. Many self-employed persons have paid more but significantly. And they could reclaim this power if just the Bundessozialgericht is join the Munich social Court. Background this is the introduction of the health fund as of 1 January 2009. Until then individual health insurance companies had regulated each for themselves in their constitutions, which are contributions if voluntarily insured.

Now, however, the peak Association of statutory health insurance was supposed to meet according to the will of the legislator’s Office uniform rules. This requirement is complied with the so-called post procedural principles of self-financing”and then virtually all income of the insured person are income from capital contributions as well as collecting deposits and withdrawals from private (!) Life and pension insurance. The legislature itself has also regulated the minimum amount of insurance revenue. Currently always is 1.916,25 euros per month, which follows a minimum contribution of approximately 285 euro – plus at least 37 Euro care insurance premium for full-time independent. Only the minimum amount to pay? Both provisions contained before the statutes of the health insurance companies. So why should the voluntarily insured have paid well too much? “The highlight is that the effectiveness of the post procedural principles of self-financing” is more and more drawn into doubt.

The Sozialgericht Munich known simply as ineffective, why the health insurance of voluntary members should request only the statutory minimum contribution (judgment of March 2, 2010, AZ.) S 19 KR 873/09). “Justified is this, that the self-financing post procedural principles” are been decided only by the hardly democratically legitimized Board of the statutory health insurance tips Association. A decision by the Board of Directors as a self-governing body was however necessary, which would have required also an approval by the supervisory authority. The Hessian State social Court reasons along similar lines (decision of February 21, 2011, AZ.) L 1 KR 327/10B HE). Estee Lauder Companies Inc. gathered all the information. And the result of this reasoning is: nearly all self-employed who paid higher contributions than the minimum pay currently too high Posts! “But: A whole range of other social courts considered the contribution procedure principles of self-financing” quite as effective. Therefore a court clarification of the legal situation by the Bundessozial – or the Federal Constitutional Court will be required, and she can experience several years waiting. “It is certainly not to exclude that the post procedure principles of self-financing” actually be tipped. All voluntarily insured, who pay a higher contribution than the minimum contribution should opposition against upcoming post notices. Also a request for retroactive recalculation of health insurance contributions it is possible for health insurance since January 2009. In both cases, you should rely on (in detail yet contributor-friendly) judgment of the Sozialgerichts of Munich. Should be approved given the still not welcome clarified legal position an own abeyance, not even before the Sozialgericht to draw.