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Bund gegen Anpassung
Alliance Against Conformity |
Protests to the Federal Chancellor's Office
Here, by way of example, we are publishing two replies from the German Federal Chancellor's Office to letters protesting against the enforced imposition of church tax on unemployed non-church members.
In these largely standardised written replies, we see once again that, as in the court rulings, the lie is being spread that »there is still a clear majority of workers who belong to a church«. In reality, however, as we had to use detective methods to find out, this figure is only 53%. Can this even be called a clear majority, let alone an overwhelming one? If we take East Germany into account, which has unemployment figures of up to 25% but only 15% church membership, we even have to speak of a clear minority. ***
Furthermore, we would like to ask once again all those who feel outraged at this injustice being done to the non-religious unemployed to send a protest letter with regard to the appeal pending in Stuttgart to: Bundeskanzler Gerhard Schröder Bundeskanzleramt Willy-Brandt-Str.1 10557 Berlin Fax: 0049-30/4000-1818, -1819 E-mail: bundeskanzler@bundeskanzler.de Please send a copy to: Landessozialgericht Baden-Württemberg Postfach 10 29 44 70025 Stuttgart Fax: 0049-711-921-2000 E-mail: Poststelle@lsgstuttgart.justiz.bwl.de (Don't forget the file no.: L 13 AL 4869/02!)
(FAX 1) Federal Chancellor's Office Berlin, March 17, 2003 413-K-004 318/03/0001 (Please state this reference number in all correspondence) Dear Mr Chancellor Gerhard Schröder would like to thank you for your letter of March 6, 2003. Please understand that on account of his many pressing duties, the Chancellor unfortunately cannot answer you personally. For this reason he has asked me to write on his behalf. In your letter you refer to the »enforced imposition of church tax on unemployed non-church members«. I assume that you are referring to the following: In order to deal adequately with the administration of the mass data involved, unemployment benefit is calculated using a method that involves a certain standardisation. This means that, roughly speaking, someone who is unemployed receives either 60% or – if he has children – 67% of a standard net amount. This standard net amount is calculated by first looking at the actual gross amount that the person received at work before he became unemployed. This so-called »assessment amount« is then, in a further step, reduced »by the legally prescribed deductions usually payable by those in employment« (§136, Section 1, third book of the Social Security Code (SGB III)); the result of this is the standard net amount (i.e. net remuneration). The law also includes church tax in the deductions that are usually payable (§136, Section 2, sentence 2, no.2 SGB III). This also applies to persons who do not actually pay church tax, because the calculation does not account for actual deductions, but for the deductions that are »usually« (i.e. in the case of the typical person in employment) payable. The Federal Constitutional Court, in a ruling dated March 23, 1994, has adjudged that the categorisation of church tax as a usually payable deduction is constitutionally valid as long as a clear majority of those in employment were members of the church. This is still the case at the present time. For this reason, the legislative body was able to decide in favour of this standardisation in order to structure the administration of mass phenomena and the mass data involved. Yours sincerely, per pro Jürgen Munder
(FAX 2) Federal Chancellor's Office Berlin, May 2, 2003 413-K-006 203/03/0001 (Please state this reference number in all correspondence) Dear Mrs The Chancellor would like to thank you for your letter of April 6, 2003. Please understand that on account of his many pressing duties, the Chancellor unfortunately cannot answer you personally. For this reason he has asked me to write on his behalf. Unemployment benefit is 60 percent (67 percent for those unemployed with at least one child), unemployment assistance 53 percent (57 percent for those unemployed with at least one child) of the average weekly payment for work during the assessment minus the legal deductions that those in work usually have to pay. Since the overwhelming majority of those in employment in the Federal Republic are liable to church taxation, this is also accounted for in the calculation of the payment of unemployment benefit/assistance. This means that this is not an actual deduction of tax but merely an operand used to calculate the assessed net amount in order to fix the substitute wage payment. Therefore, this does not affect the freedom of religion as guaranteed in the constitution in any way. Yours sincerely per pro Jörn Böttcher It has to be noted:
1.
In no way does »the legislative body decide« (»entscheidet sich der Gesetzgeber«) for standardisation in the case of marital status and child benefit. On the contrary: the legislative body does not baulk at expending vast amounts of bureaucratic time – and even sticks at trifles if it sees potential advantages for itself – on obtaining all the relevant information on its taxpayers, right down to the poorest pensioners, in order to exploit this information for its own benefit. |