Übersetzung für "Alterungsrückstellung" in Englisch

However, the condition contained in Article 16a(6)(b) of that Directive that a provision be set up for increasing age may be replaced by a requirement that the business be conducted on a group basis.

Where the option provided for in the second paragraph of Article 3 is not exercised, this item shall also include the ageing reserves.

In particular, account must be taken of the reserve for increasing age and a new medical examination may be required only for increased cover.

However, the condition contained in Article 37(6)(b) of this Directive that a provision be set up for increasing age may be replaced by a requirement that the business be conducted on a group basis.

In the case referred to in point (e) of the first subparagraph, account shall be taken of the reserve for increasing age and a new medical examination may be required only for increased cover.

Where the option provided for in the second paragraph of Article 3 is not exercised, this item shall also include the ageing reserves.

The introduction of a right to transfer part of the ageing reserves on termination of the insurance contract does not encroach upon such concrete existing rights and interests of the insurance undertakings, because it merely creates an obligation of payment for the undertakings.

Admittedly, the introduction of portability of the complete ageing reserves in accordance with the accounts would create the considerable danger of a form of risk selection which might endanger the health insurance market.

In the case of a continuing insurance relationship, the insured may require the insurer to accept applications to change to the basic rate while crediting the rights acquired under the contract and the ageing reserve.

Finally, the possibility given to the existing insured to change insurer and take their calculated ageing reserves with them in the amount of a fictitious insurance policy in the basic rate in the first six months of 2009 means that the contributions will have to be increased.

Allowing insured persons to take their ageing reserves with them deprives the pool of the means it requires to satisfy the contractual claims and thereby devalues the ownership positions of the other insured.

For to persons who like themselves are among the “bad risks”, the guaranteed prospect that the future costs of illness will be borne by the pool, they argue, is substantially more valuable than the calculated ageing reserve.

The insurance contracts entered into by the private health insurance undertakings in the past provided that if the insured terminated an insurance contract, there was no claim to the payment of the calculated individual ageing reserve or to the transfer of this reserve to a new insurer.

For this reason, the legislature provided that when an insurance relationship continues, the insured may require the insurer to accept applications to move to other rates with the same insurance cover while taking account of the rights acquired in the original rate and the ageing reserve.

The provisions on portability encroach on this area of fundamental rights because they prohibit the previous contractual practice of the undertakings and oblige the undertakings to provide the possibility in the insurance contract for the insured to transfer the ageing reserves to a new insurer.

In the reform discussion in the past, therefore, models were rejected which provided for transferability of the full calculated ageing reserves, because they were said to carry the danger of an “unjustifiable risk election and increased homogeneity” (see Abschlussbericht der Kommission zur Reform des Versicherungsvertragsrechts, pp. 143 et seq.).

Admittedly, the chances for an insured with increased risk of illness to change insurer are not greatly improved even if part of the ageing reserves may be transferred, because the insured in question will not find an insurer willing to accept him or her in a normal rate.

The effect of the statute is restricted to obliging the insurance undertaking to allow the calculated ageing reserves to be transferred to the extent of the basic rate in the case of the termination in the first six months of 2009 of an insurance contract entered into before 1 January 2009 and currently still in effect.

In this way, ageing reserves have become portable when insured change their rate within one insurance undertaking, in order that above all older insured persons have a claim to reclassification if their rate is closed for new entrants and therefore runs the risk of ageing.

With effect from 1 January 2009, on this basis, it is laid down in § 13.1a of the Calculation Ordinance that for persons already insured in private health insurance who under § 204.1 no. 2 letter b VVG change to the basic rate of another insurance undertaking in the first six months of 2009 and later move to another full health insurance rate in the new undertaking, the ageing reserve they have taken with them can only be taken into account after a qualifying period of eighteen months has ended.

However, the GKV-WSG does not provide for the transfer of the total calculated ageing reserve, but merely for its transfer in the extent of the benefits covered in the basic rate.

The statute provides that “the calculated ageing reserves of the part of the insurance whose benefits correspond to the basic rate” is to be transferred to the new insurance undertaking.

Consequently, where a person changes insurer, under the new law a considerable proportion of the ageing reserve created for the insured in his or her normal rate will still remain with the previous undertaking.

The concern of the legislature was to prevent, in by far the most common case of breach of contract, that is, default in paying the premium, the loss of ageing reserves, which follows from a termination of the insurance contract (see Bundestag document 16/4247, p. 68).