O.k, here it is, my first attempt to condense the legal mumbo-jumbo in the new law text down to the important parts for all Expats living in Germany. Since there seems to be some confusion about what German law can regulate in reference to foreigners, I am trying to explain the important parts each with regards to the foreign national groups which might find these topics relevant for them. In contrast to what Mike wrote above ( and I DO share his passion for international
health insurances and can confirm his superior knowledge in this regard), a lot of the new regulations specifically adress foreigners living in Germany in addition to German citizens. If anyone cares to to read through all the stuff, you may want to use the following links and print out the respective pages:
1. you need the old law-version of the 5. Sozialgesetzbuch, because the new law just mentions the changes and it will sure take some time before we have a new printed version of the 5.SGB somewhere:
http://www.gesetze-im-internet.de/sgb_5/2. You can
google for the "Bundestagsdrucksache 16/4200" which is the last version of the draft law the Bundestag actually voted upon.
I. Changes for foreign employees, regardless of the nationalityi) for those who are already living and working in GermanyIf your gross salary used to be below EUR 3.937,50 per month in 2006 and EUR 3.975.- per month in this year, you will remain in the public system and continue not to have a choice to change into the private
health insurance. So for now nothing changes much for you. What will happen soon is that all public insurances will within the next 2 years develop a common premium standard and will then charge add-on-costs if they want to, due to better coverage or if they need to because of poor cost management. Hence it will remain interesting for you to check out on the public insurance front which the least expansive public health insurances are. In Bavaria it is currently the KEH and the IKK Direkt as far as I know. If anyone wants to know, you can check the monthly FINANZTEST magazin or ask me.
If your gross salary was recently or last year raised above the threshold of EUR 3.975.- per month and if you have not cancelled your public insurance contract before Friday Feb. 2nd, you will now have to remain in the public insurance for another 3 years (including the current year). If you salary was already raised above the threshold in 2005 and has remained over the threshold ever since, you would still have to remain in the public insurance for another 1-2 years. This is a particularily stupid rule since it does burden you and your employer with unnecessarry additonal costs of up to EUR 15.000.- for the next 3 years according to computations I had made. But thats how it is from now on.
The new ruling is based on a change of § 6, 1 of the 5 SGB. There are a couple of exceptions for those who within those three years loose their ability to earn the gross salary in excess of the threshold, for instance due to proven disability to work for helath reasons or due to parency breakes. But even than you need to wait three years now before you change from public to private insurances. Only thing that could change that is if the law becomes a case for our German Supreme court and gets ruled out as unconstitutently. But thats some far and vague hope at best...
ii) for those coming newly to Germany now and in the futureIn the past, if you came to Germany for an employment for the first time in your life and if your gross salary was in excess of the threshold from the beginning on, you did have a choice if you wanted to be insured publicly or rather in a private insurance. This old rule, § 9, 1, Nr. 1 of the 5 SGB has been disabandoned. From now on you have to become a member of the public system for the first three years regardless of your gross salary, unless you can prove that in your prior employment outside Germany you would have already been eligble for private health insurance. This is a very vague and fuzzy new regulation, come into the law with a new sub-section 13 to the § 5 5 SGB.
I have had already discussions with some of our authorities with regards to this new regulation, because there a couple of unanswered questions to this:
a) how does someone prove that his income outside Germany in the past three years was above the threshold? Does he need to suply payslips or tax notes(in case he was freelancing outside Germany and seeks employment in Germany now)?
b) to whom will he need to prove these facts, who or what will be the final ruling authority about this information?
If I understand this new law correctly, for instance an IT-genius from someplace outside Germany who has earned, lets say for the sake of the argument, +120.000.- EUR per year in the past 2 years and who was a student before that, would still have to remain another year in the German public insurance system. Or a top-notch manager from Toyota, whom
BMW has lured with an even higher income and whose income in the past three years was in excess of EUR 200.000.- per year would still have to prove his former income outside Germany to some yet unknown authority in Germany. That will be fun to watch... What if the income was mostly stock-options-based and so on, which would not count as gross-salary in Germany for the computation of compulsory membership in German public insurances?
Anyway, newcomers to Germany in employment will find it now much more difficult to get into the private insurance should they desire to do so. And it doens't look as if the public system will become so much more attractive soon.
II. Changes for foreign self-employed from EU-countries plus Lichtenstein, Iceland, Norway and SwitzerlandWe have to differentiate between foreigners from EU-countries (and the other above enumerated countries) and "the rest of the world". As EU-citizen you enjoy the legal freedom of movement and freedom of trade.
Even though there is a new sub-section 11 to the section 5 of 5 SGB which states the obligation to become member of the public health insurance for foreigners, it does excempt all EU-citizens and the citizens from Lichtenstein, Iceland, Norway and Switzerland.
Therefore it may come to you a some relief after the last days discussion on this thread:
I read the last version of the law in such a way that all freelancers from EU-countries and those other countries named above can remain in their international health insurances.At least for now I can find nothing among the new regulations that would force you to move into a German insurance, regardless if private or public. There are some disturbing comments from the plennary debate from some opposition politicians like Künast (Gree party) who sound like the understand the law that everyone in German (and that would not concern only German citizens) would be forced into German health insurances after Jan. 2009, but I can not see that in the law for now.
There were some comments above, that EU-citizens could never be forced you join German insurances at all. Unfortunately, being a citizen from an EU-country would not help it, if Germany would decide to have everyone in Germany to join a health insurance with a certain coverage should the governement ever decide to do so, since it is agreed among all Eu-countries that social-law-making remains in the power of the national authorities. Of course any foreign insurance could offer their health insurances too, but they would have to offer a kind of coverage deemed necessarry from the German gov. and I doubt that most international insurance would like to comply.
But anyway, heeeew, seems like all freelancers with EU-nationality are off the hook again and can continue to enjoy the less expansive international health insurances if they choose to do so.
III. Changes for foreign selfemployed/freelancers from non-EU-countriesFrom what I read today in the "Aufenthaltsgesetz" and so on, in order to understand the legal situation of foreign freelancers from non-EU-countries better, it is not so easy to receive a residence permit as a freelancer from those countries anyway. Hence I am interested in some comments from those to which the following new rules apply.
The new sub-section 11 to section 5 of the 5. SGB states that all foreigners, who are not from EU-countries (and those four additional countries named above) have to oblidge to the new regulation to become insured in German insurances if their resident permit is longer than 12 month and if they did not have to supply prove of their ability to earn a livelihood.
I just don't know to how many foreign freelancers this does apply. But if you believe that this new rule applies for you, just send me some information and I volunteer to find out how this new rule will work out for you. It would appear that freelancers under certain conditions from foreign non-European-countries might loose their elibility to use a foreign health insurance if they do not want to loose their resident permit in the future. We will probably have to wait until the authorities have written the explanations to the new regulations before we know for sure.
All right, that's it for today. Probably there will be a number of questions. I will try to address them during the next days whenever I find time next to my day-job.
Have a good one,
Pat a.k.a Starshollow