VOLUNTARY MEMBERSHIP IN THE HEALTH INSURANCE ASSOCIATION
September 18, 2009 | 20,00 EUR | answered by Andreas Scholz
The Taunus BKK is demanding a voluntary membership in the health insurance for the period from 01.03.2007 to 26.03.2007 through a contribution notice of 475.48 euros from me. Is this demand lawful?
Background:
I was employed and a voluntary member of the Taunus BKK health insurance until 28.02.2007 (the regular annual income exceeds the valid annual salary threshold). Termination by the employer occurred on 28.02.2007.
From 01.03.2007 (until 10.06.2007) I was registered as unemployed. However, I only started receiving unemployment benefits from 27.03.2007. For the period from 01.03.2007 to 26.03.2007, no benefits were received from the Federal Employment Agency due to vacation pay compensation §143(2)SGBIII.
Thank you in advance for your response.
Dear questioner,
You were voluntarily insured. The voluntary insurance ends according to § 191 SGB V
1. with the death of the member,
2. at the beginning of a compulsory membership, or
3. with the effective termination of the contract (your termination) (§ 175 para. 4); the articles of association may specify an earlier date if the member meets the requirements for insurance under § 10.
The voluntary insurance relationship does not automatically end with termination of the employment relationship. Therefore, your voluntary insurance relationship with the BKK ended when you started receiving benefits from the ARGE, as this establishes compulsory membership under § 191 No. 2 SGB V. This is regulated in § 186 para. 2a SGB V:
"The (compulsory) membership of recipients of unemployment benefit II under the Second Book and unemployment benefit or maintenance benefit under the Third Book begins on the day on which the benefit is received."
Therefore, you owe the contribution from the voluntary insurance relationship with your BKK for the period claimed, as the voluntary insurance relationship was still valid for this period.
I hope this information helps. If you have any questions, please don't hesitate to ask.
Sincerely,
Andreas Scholz, Attorney
