Passing of contribution claims

(1) Insofar as the compensation claim of an insured person includes the claim to compensation for pension-insurance contributions, this passes to the insurance carrier where the injured party, at the point in time of the event causing the damage, already shows compulsory contribution periods, or is thereafter compulsorily insured; this does not apply insofar as 1. the employer continues to pay the remuneration or renders other benefits subject to the duty to contribute; or 2. the claim to compensation for contributions has passed under section 116. For the claim to compensation for pension-insurance contributions, section 116(3), first and second sentences applies correspondingly, insofar as the contributions relate to the difference between the remuneration or earned income to be compensated in the case of unlimited liability and the income subject to the duty to contribute in the case of drawing social benefits.
(2) The insurance carrier to whom part of the claim to compensation for pension-insurance contributions passes under section 116 transmits the facts it has established to the provider of pension insurance on a uniform notification form. Particulars of the content of the notification form and the notification procedure are determined by the national associations of the social insurance carriers.
(3) The contributions or shares of contributions received are treated as compulsory contributions in the pension insurance. The insured person may not be placed in a worse position, by the passing of the claim to compensation for contributions, than he or she would have been without the compensation claim.
(4) The agreement of a settlement of claims to compensation for pension-insurance contributions, by an amount corresponding to their capital value, is permissible in the individual case. In the case of subsection (1), first sentence, no. 1, sections 60, 61, 65(1) and (3) and section 65a of the First Book apply correspondingly to the duties of the injured party to cooperate.