Federal Office for Social Security (BAS)
Das Federal Office for Social Security (BAS) is a higher federal authority within the jurisdiction of the Federal Ministry of Health, based in Bonn, which performs central functions in the field of social security in the Federal Republic of Germany. The BAS is a significant organ of administrative law and fulfills a variety of regulatory and supervisory functions within the social insurance system. Its legal basis, competencies, and duties are detailed in German social law.
Legal Foundations of the Federal Office for Social Security
Statutory Foundation
The Federal Office for Social Security is institutionally anchored on the basis of § 94 Book One of the Social Code (SGB I) as well as through special legal provisions, in particular in Book Four of the Social Code (SGB IV). Its legal status, responsibilities, and duties are also comprehensively regulated by the Law on the Establishment of a Federal Office for Social Security (BASG).
Service and Technical Supervision
The BAS is subject to the supervision of the Federal Ministry of Health. As a higher federal authority, it has a coordinating and supervisory role, especially in relation to national and cross-state social insurance institutions.
Duties and Responsibilities
Supervision of Social Insurance Institutions
One of the central duties of the Federal Office is the legal supervision including budgetary supervision of the federal social insurance institutions. These include, in particular, the:
- statutory health insurance funds (GKV, insofar as federal)
- carriers of the German pension insurance (federal level)
- long-term care funds
- accident insurance institutions (including agricultural social insurance, insofar as federal level)
The BAS reviews the legality of the activities of these institutions, ensures compliance with legal provisions, checks efficiency and proper budget management, and monitors the implementation of political and administrative requirements.
Administrative Legal Function
As part of its duties, the BAS exercises in particular an administrative supervisory function according to the principle of legality of administration (Art. 20 para. 3 GG). The office issues administrative instructions on certain matters, may impose supervisory measures (e.g. objections, orders), informs the competent federal ministry of particularly significant matters, and may, as part of budgetary supervision, oversee the use of financial resources.
Special Areas of Responsibility
The special tasks of the BAS include, for example, the administration and management of compensation funds, such as the Health Fund of statutory health insurance (§ 271 SGB V), the Structural Fund for statutory health insurance funds, and the Reserve Fund of the Social Long-Term Care Insurance. Furthermore, the BAS coordinates tasks within the framework of the morbidity-based risk structure compensation (Morbi-RSA).
Conducting Arbitration Proceedings
According to § 94 para. 3 SGB IV, the BAS is also appointed to conduct arbitration procedures within the scope of social law, between social insurance institutions as well as between institutions and service providers. In this way, the office assumes an important role as a neutral mediator in social law disputes.
International Tasks and Cooperation
The BAS acts as a contact point for cross-border and international matters in the field of social security. It participates in the implementation and monitoring of European and international agreements on social insurance and works closely with institutions such as the European Commission, the Federal Ministry of Health, and other national and international authorities.
Organization and Structure of the Authority
Leadership Structure
The President of the Federal Office for Social Security is at the head of the authority. The duties are executed by several departments with their respective specialist sections, responsible for particular branches of social insurance. The BAS is organized into sections and directorates that perform the operative and administrative tasks.
Employee Structure and Location
The BAS employs civil servants of various career paths, particularly in the upper and higher administrative service. The headquarters is in Bonn; there are no additional locations within the Federal Republic.
Legal Review and Oversight Options
Supervisory Legal Instruments
The most important legal instruments of the BAS include the objection to unlawful resolutions, the issuing of orders to ensure legality and appropriateness, and, in the event of serious violations, the appointment of a commissioner to perform the duties of an institution for the duration of rectification. The legal bases derive mainly from SGB IV and from special legal provisions for individual branches of social insurance.
Legal Remedies and Legal Protection
The decisions and measures of the Federal Office for Social Security are subject to judicial review before the administrative courts. Social insurance institutions may seek judicial remedy against supervisory measures of the BAS through the administrative courts. Jurisdiction lies with the social courts.
History and Development
Historical Development
The Federal Office for Social Security was established on January 1, 2020, as the successor institution to the Federal Insurance Office (BVA). The legal basis is the Act on the Establishment of the Federal Office for Social Security of November 8, 2019. The aim of this organizational and structural reform was to strengthen and modernize the supervisory and steering instruments in the field of social insurance.
Significance of the Federal Office for Social Security in German Social Law
The BAS holds a key position in the German social security system. The rule-of-law monitoring, control, and supervision of the federal social insurance institutions ensure legal certainty and transparency in social law transactions. Through its wide range of tasks, the BAS contributes to the financial stability, proper management, and further development of statutory social insurance and guarantees the implementation of the social state’s mandate pursuant to Articles 20 and 28 of the Basic Law.
References
- Act on the Establishment of a Federal Office for Social Security (BASG)
- Book One of the Social Code (SGB I), § 94
- Book Four of the Social Code (SGB IV)
- Book Five of the Social Code (SGB V)
- Act on Social Long-Term Care Insurance (SGB XI)
- Website of the Federal Office for Social Security: www.bundesamtsozialesicherung.de
Frequently Asked Questions
What legal duties does the Federal Office for Social Security perform?
The Federal Office for Social Security (BAS) serves as an important higher federal authority within the jurisdiction of the Federal Ministry of Health and performs central functions of legal supervision and, in particular, the implementation and control of statutory social insurance carriers at the federal level. The legal duties include, among others, monitoring the compliance of social insurance institutions (e.g., statutory health, long-term care, accident, and pension insurance carriers) with federal statutory provisions, the approval of statutes, key decisions, and other administrative acts of the insurance bodies, as well as reviewing their efficiency and legality. Furthermore, the BAS is responsible for the conduct of administrative proceedings pursuant to the Social Code, among others under SGB IV, V, and VI, including any hearings, objection proceedings, and supervisory measures such as orders or objections. The office will, if necessary, take supervisory measures, up to and including the appointment of a commissioner, and can also impose sanctions in the event of legal violations. In addition, the BAS is the recipient of notifications of compliance violations from social insurance carriers and conducts its own legal reviews or investigations if the matter is systemically relevant; within insolvency procedures, it protects the interests of statutory social insurance.
What legal remedy is available to social insurance institutions against decisions of the Federal Office for Social Security?
Social insurance carriers affected by administrative acts of the BAS, especially supervisory measures, may use the legal remedies provided for in administrative procedural law. Generally, an objection procedure pursuant to Book Ten of the Social Code (SGB X) must be completed first, unless this is expressly excluded by law or a special procedure applies. The objection must be lodged with the BAS itself, which will then independently review its own decision. If the objection does not remedy the issue, the claimant generally has recourse to the competent social court under § 51 SGG (Social Court Act). This usually concerns actions to set aside or to compel BAS measures or omissions. In certain cases, such as the approval of statutes, direct actions may be possible. The decisions of the social court may be appealed and reviewed by higher instances. Compliance with deadlines and formal requirements for each procedure is mandatory.
What role does the Federal Office for Social Security play in the approval of statutes of the social insurance carriers?
Statutes of social insurance carriers only become legally effective if they are approved by the BAS; this is based on the provisions in particular in SGB IV, SGB V, SGB VI, and SGB VII. In the approval process, the BAS examines the compatibility of statutory provisions with applicable federal law, particularly regarding their legality, necessity, and appropriateness, as well as compliance with procedural rules and, where applicable, requirements relating to efficiency and transparency. If legal or procedural deficiencies are identified, the BAS is both authorized and required to refuse approval or to impose conditions to ensure lawful implementation. The approval constitutes an administrative act against which— as explained above— legal remedies are also possible.
In which circumstances does the Federal Office for Social Security assume supervisory functions over third parties?
The BAS’s supervision generally extends to carriers of statutory social insurance at the federal level, including, among others, national health funds, pension and accident insurance carriers, as well as the national associations of panel doctors and dentists. The supervisory control concerns compliance with the Social Code, related regulations, and other federal requirements. BAS is entitled to conduct targeted inspections but can also respond to reports or complaints from third parties (such as insured persons, employers, service providers) and investigate matters if there is a legal basis. Additionally, the office can act in the interest of the proper functioning of social security in the event of special occurrences or in crisis situations, e.g., in the case of mergers, restructurings or liquidations of social insurance funds.
What legal effects does the action of the Federal Office for Social Security have on contributors and insured persons?
The BAS generally does not act as a direct administrative authority for insured persons and contributors, but as a supervisory authority over the bodies of social security. However, its decisions and measures have indirect legal effects as they help shape the framework for the duties performed by the insurance institutions. For example, statutes, budgets, or specifications for services approved by the BAS influence the range of benefits, contribution collection, or administrative costs of the bodies and can thus impact the legal and economic situation of insured persons and employers. Objections or supervisory instructions issued by the BAS to the institutions may also lead to changes in administrative practice, for example with regard to granting of benefits, assessment of contributions, or recourse procedures.
Which statutory provisions specifically govern the work of the Federal Office for Social Security?
The legal framework for the work of the BAS is essentially provided by the regulations of the Social Code, especially SGB IV, SGB V, SGB VI, SGB VII, and SGB XI as well as specialized supervisory provisions of these codes (§§ 87 ff. SGB IV, § 94 SGB V, §§ 61, 62 SGB VII, § 68a SGB IX). Further legal bases can be found in separate social security laws (e.g., the law establishing the BAS itself, Fifth Social Code Amendment Act), in ordinances and administrative regulations. Additionally relevant are the Administrative Procedure Act (VwVfG), the Administrative Service of Documents Act (VwZG), the Administrative Court Code (VwGO), and the Social Court Act (SGG), which determine organizational, procedural, and process law. Discipline-specific provisions, for instance regarding budgetary and economic management as well as compliance, are also relevant.
To what extent can the Federal Office for Social Security impose sanctions?
The BAS has a wide range of legal instruments to ensure that social insurance carriers comply with statutory requirements. Specifically, this includes objections to unlawful acts or omissions, issuing directions to establish legal conditions, temporarily or permanently prohibiting specific measures, as well as the appointment of a special commissioner to manage operations. Moreover, within its powers, it may withhold or influence the payment of funds. In the event of serious violations of obligations, the BAS can initiate disciplinary proceedings or, as a last resort, dissolution proceedings in accordance with legal provisions. All such measures are subject to strict procedural requirements and judicial oversight.
