PAR. 2. The provisions of article 80 et seq. shall apply to the procedure of appeals from the decisions of the courts of arbitration. However, from the decisions and authorizations of the courts of arbitration designated in paragraph 1, second to fourth sentences, no appeal is permitted.

PAR. 3. If the application for revision of a pension is made to the court of arbitration before the previous decision as to the amount of the pension has come into force, then the authorities who had jurisdiction in the previous case are authorized in the latter case to decide what compensation shall be granted for the time after filing the application for a revision of the pension.

ARTICLE 91.

The revision of a pension after a new course of treatment has been concluded, the withdrawal of pension payments (article 94), or the settlement of a pension by payment of a capital sum (article 95) may also be effected by decision of the accident association, after the expiration of the period prescribed in article 88, paragraph 3.

ARTICLE 92.

If the injured person for whom compensation was determined has died as a result of the injury, the claim of the survivors to compensation shall, unless this compensation has been determined on their own initiative by the officials, be made, on pain of exclusion, before the expiration of two years after the death of the injured person, to the competent board of directors or to competent lower administrative authorities in the place of residence of the person entitled to compensation. A claim made after the expiration of this period shall be acted upon only if credible evidence is at the same time given, that the person entitled to compensation has been prevented by circumstances beyond his control from prosecuting his claim and if the claim is made within three months after the removal of the hindrance. Otherwise, the prescriptions of articles 69 to 87 apply to the procedure.

Dates of payments.
ARTICLE 93.

PARAGRAPH 1. The expenses of medical treatment and funeral benefits shall be paid within one week after their determination; pensions shall be paid monthly in advance, or, if the annual amount is 60 M, [$14.28] or less, in quarterly amounts; provided, in the last case, that it is not to be assumed that the pension will cease before the end of the quarter. The pensions are paid for the month or the quarter in sums which are multiplies of 5 pfennigs [1 cent]. PAR. 2. The accident association may agree with the person entitled to compensation that the payments shall be made at longer intervals.

PAR. 3. If the right to the pension lapses in the course of the month for which the pension was paid, no demand for repayment shall be made. If, for a part of a month, the payment to the injured person conflicts with the payments to the survivors the latter shall claim the larger sum.

PAR. 4. The claim to repayment may also be waived if the pension was paid at longer periods.

Suspension of payments.
ARTICLE 94.

The right to receive the pension ceases

1. If the person entitled to compensation is sentenced to imprisonment for more than a month or is confined in a workhouse or house of correction. If he has relatives living in the Empire who would have a claim to a pension in the

case of his death, the pension shall be transferred to them up to the amount of that claim;

2. If a foreigner entitled to compensation does not habitually live in this country, this provision may, by decision of the Federal Council, be waived for particular foreign border territories or for such foreign States as have made corresponding legal provision for German workmen who are injured by industrial accidents;

3. If a German citizen entitled to compensation is living in a foreign country and fails to inform the accident association of his place of residence. The imperial insurance office shall make detailed provisions for the reporting of the place of residence and shall prescribe that he shall from time to time. appear in person before a German consul.

If the person entitled to compensation shows that through no fault of his own he was unable to comply with the last provision, his right to receive the pension is continued.

Payment of capital sums in settlement.

ARTICLE 95.

PARAGRAPH 1. If, in the case of partial disability, a pension of 15 per cent or less, of the amount of the full pension is granted, the accident association may, on application from the person entitled to compensation and after consultation with the lower administrative officials, settle the claim, by the payment of a corresponding capital sum. Before his application is accepted, the injured person must be informed of the fact that after the payment of the capital sum he will have no further claim to a pension even if his condition becomes decidedly worse. An appeal may be made from the decision by which the capital sum is determined (article 76). In this case, the appeal has the effect of holding up the settlement. Up to the time of the announcement of the decision, the application for such settlement may be withdrawn. The decision of the court of arbitration is final. It must be limited either to a confirmation or reversal of the decision.

PAR. 2. If the person entitled to compensation is a foreigner and if he ceases to reside within the German Empire, he may, on request, receive in settlement a capital payment of three times the amount of the annual pension. By decision of the Federal Council, this provision may be waived for particular areas of foreign border territory and for the citizens of such foreign States as have made corresponding legal provisions for German workmen injured by accident.

PAR. 3. These provisions also apply to such pensions as shall have been determined before this law goes into effect. If such a settlement is made in the course of the first three years after the law goes into effect, the accident associations are authorized to withdraw the necessary amount from the reserve fund. The reserve shall then be restored according to detailed provisions, to be made by the imperial insurance office (article 34, paragraph 2).

Transfer of claims.
ARTICLE 96.

PARAGRAPH 1. Transfer of claims under this law to third parties, or giving or taking in pledge is legal only if made in order

1. To cover an advance on his claim which has been given by the owner of the establishment or by an officer or agent of an association to a person entitled to compensation before the granting of the pension or of the funeral benefits;

2. To cover claims designated in article 850, paragraph 4, of the Code of Civil Procedure;

3. To cover claims from communes, the poor relief associations, and the employees or societies representing them or from the sick funds or insurance institutes for invalidity insurance, entitled to repayment according to articles 25 and 27.

PAR. 2. Claims may be made only on account of contributions and advances made, compensation paid through an error, the repayment of court costs, the fines imposed by the board of directors and the reimbursement claims of accident associations designated in article 136, paragraph 1.

PAR. 3. In exceptional cases, the person entitled to compensation may transfer the claim, wholly or partly, to others, with the approval of the lower administrative authorities.

PARAGRAPH 1.

Payments through the post-office.

ARTICLE 97.

The payment of the compensation due under this law is advanced by the postal administration upon orders from the board of directors of the accident association; the advances are made by the post-offices of the district in which the persons entitled to compensation have their place of residence.

PAR. 2. If the person entitled to compensation changes his place of residence, he shall apply to the board of directors which has issued the order of payment, or to the post-office of his former place of residence for a transfer of the payment to the post-office of his new place of residence.

Settlement of accounts by the post-office.
ARTICLE 98.

Within 8 weeks after the close of each fiscal year the central postal authorities shall send to the boards of directors of the various associations statements of the payments which have been made by their order and shall designate the postal banks to which the amounts due shall be paid.

Assessment and collection.
ARTICLE 99.

PARAGRAPH 1. The amounts presented for payment by the central postal administration shall be assessed, by the prescribed method of distribution, on the members of the associations and collected from them by their boards of directors, together with the cost of administration and with due consideration of any possible obligations or rights arising out of articles 50 and 51.

PAR. 2. For this purpose, every member of the association, unless according to article 30, paragraph 2, lump sums are to be made the basis of the estimate of contributions or minimum amounts are to be assessed, shall, within 6 weeks after the expiration of the fiscal year, make a statement to the board of directors of the association showing

1. The insured persons employed in his establishment during the preceding year and the salaries or wages earned by them;

2. A computation of the amounts of salaries and wages to be used as the basis of the assessment, unless the constitution contains a provision within the meaning of article 30, paragraph 1;

3. The risk class in which the establishment is listed (article 49).

PAR. 3. The constitution may prescribe that the declarations of wages shall be turned in quarterly or semiannually and that lists of wages (wage books) be kept regularly, from which this information may be taken. The constitution may further prescribe that these lists of wages (wage books) be preserved for 3 years.

PAR. 4. If members of the association fail to send in this information promptly, it shall be ascertained by the board of directors of the association or of the section of the association.

ARTICLE 100.

PARAGRAPH 1. On the basis of the declarations (article 99) they have received and of the lump sums determined according to article 30, paragraph 2, and with consideration of the minimum amounts to be determined, the board of directors shall draw up a complete summary of the insured persons employed by the members of the association during the past fiscal year and of salaries and wages, as far as they can be estimated, earned by them and which are to be included in the computation and shall compute, according to this summary, the contributions to be made by each member toward the total expenses (article 99, paragraph 1). In the case of those members of associations whose establishments are first subjected to the obligation of insurance according to the provisions of article 1, paragraph 1, subsections 1, 2, 5, and 7, and article 2, paragraph 2, if they are assigned to an already existing accident association and are not to pay a minimum amount (article 30, paragraph 2,) the contributions shall, during the first 40 years after this law goes into effect, be computed on the basis of only a part of the salaries and wages (as far as they are to be included in the computation) earned in their establishments. This part shall equal for the first years two-fifths, from the 6th to the 10th year three-fifths, from the 11th to the 20th year three-fourths, from the 21st to the 30th year nine-tenths and from the 31st to the 40th year nineteen-twentieths.

PAR. 2. After expiration of the 40th year, the full amount of the wages and salaries (as far as they are to be included in the computation) earned in establishments of this kind shall be made the basis for the computation of the contributions.

ARTICLE 101.

PARAGRAPH 1. Every member of an association shall be sent an extract from the register of assessments to be kept for this purpose, with the demand, that, on pain of compulsory collection, he pay within two weeks the contribution therein determined less the advances paid according to article 32. The extract must contain such information as will enable the person from whom the payment is due to test the accuracy of the computation of the contribution.

PAR. 2. After the extract from the register of assessment has been sent, the association is authorized to make a different computation of the amount, if the assignment of the establishment to a risk class according to article 49, paragraph 4, is subsequently changed or if a change which has taken place in the establishment during the year, becomes known afterward, or if an inaccuracy is discovered in the declaration of wages.

PAR. 3. If, in such cases, or in consequence of failure to declare the opening of a new establishment, the association shall have already lost in earlier years contributions to which it had a claim, the employer shall subsequently pay the amount in arrears, unless the claim is outlawed (article 103).

PAR. 4. In the case of a readjustment or a subsequent determination of the amount, the procedure is the same as in the first determination.

ARTICLE 102.

PARAGRAPH 1. The members of the association may, within 2 weeks after the delivery of the extract from the register of assessments, without prejudice to the obligation of provisional payment, protest to the board of directors of the association against the assessment of their contributions. If the protest is altogether without result or only partially successful, appeal may be made to the imperial insurance office within 2 weeks after the board of directors renders its decision.

PAR. 2. The appeal is admissible only if it is based on incorrect calculations or on the wrong determination of the amount of salaries and wages to be included in the computation, or on the faulty assignment of the establishment to a risk class other than that to which it belongs.

PAR. 3. On the two last named grounds, the appeal is, however, not admissible if the determination was prepared by the board of directors (article 99, paragraph 4) on account of the failure of a member of the association to furnish his statement.

PAR. 4. If, in consequence of the protest or the appeal, a reduction is made in the contribution, the deficit shall be made up when the assessment is made for the following fiscal year.

PAR. 5. If it subsequently appears that a contribution paid without protest (paragraph 1) was improperly levied or that the amount was too high, repayment may be demanded in the manner prescribed in paragraph 1. The claim is outlawed 6 months after the sending of the extract from the register of assessments.

ARTICLE 103.

PARAGRAPH 1. Arrears of contributions, advances on the contributions (article 32) and guarantee contributions (articles 33 and 37) (par. 7) are collected in the same way as communal taxes.

PAR. 2. The claim to contributions in arrear is outlawed, unless there is evidence of intentional defalcation, in two years after the expiration of the calendar year in which they should have been paid.

PAR. 3. Uncollectable contributions shall be made good by the association as a whole. They are to be advanced from the current expense fund (article 31, paragraph 2) or in case of necessity, from the reserve fund of the association and included in the ass.ssment for the following fiscal year.

ARTICLE 104.

PARAGRAPH 1. In the case of owners of building establishments which are subject to insurance according to article 1, paragraph 1 (2), who have remained in arrears in the payment of their contributions and whose inability to pay has been proved by an attempt at compulsory collection, the lower administrative authorities on application of the board of directors of the association may issue an order which is subject to appeal that the contractor shall guarantee the contributions during one year after their final determination, in so far as they become due after the issuance of the order. If, in such a case there are middlemen, they assume the liability before the contractor.

PAR. 2. The order must plainly designate by name, place of residence and place of business, the employer to whom it applies and shall be sent in writing to the latter and also to the local police authorities of his place of residence and place of business. If the employer changes his place of business or his place of residence the local police authorities shall notify competent police authorities in the new place of business or residence of the order which has been issued.