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Recognition Act 2005

Original Language Title: Anerkennungsgesetz 2005

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86. Federal Law, which enacted a federal law on the recognition of benefits in the Austrian resistance as well as the final elimination of National Socialist acts, amended the Opferfürsorgesetz and a federal law, with on the occasion of the 60th The anniversary of the liberation of Austria from the National Socialist tyrannship is a one-off grant (remembrance grant) for resistance fighters and victims of political persecution as well as their survivors. (Recognition Act 2005)

The National Council has decided:

Article I

Federal law, which enacts a federal law on the recognition of benefits in the Austrian resistance and the final removal of National-Socialist acts of law

§ 1. It is noted that with the repeal and recruitment law, StGBl. N ° 48/1945, in conjunction with the StGBl regulation issued for this purpose. No. 155/1945, and with the liberation amnesty, BGBl. No. 79/1946, in the version of the Federal Law BGBl. No. 192/1947, all convictions that courts, in particular military, SS, special or stand courts, pronounced against Austrians under the National Socialist rule and as an expression of typical National Socialist injustice have been retroactively disregarded. There is no need for a separate, full-time examination and determination.

§ 2. With this federal law, the National Council testifies to the victims of such unrighteous parts, in particular the sentences of the National Socialist Military Justice, and of other National Socialist acts, the victims of the political persecution, the Displaced persons from their homeland, all the victims of the war to be held responsible by the National Socialist regime and those who contributed to its termination and to the liberation of Austria, in particular the persons in the Austrian resistance, and also their families respect and compassion.

Article II

Amendment of the Victim Welfare Act

The victims ' welfare law, BGBl. No. 183/1947, as last amended by the Federal Law BGBl. I No 48/2005, is hereby amended as follows:

1. § 1 para. 2, first sentence reads:

" As victims of political persecution within the meaning of this Federal Law, persons who, for political reasons, as victims of the Nazi military justice in the period from 6 March 1933 to 9 May 1945, for reasons of descent, religion, nationality, are to be regarded as victims of political persecution. or in the context of typical national-socialist persecution, because of a physical or mental disability, sexual orientation, the progeny of so-called "Asociality" or "medical trials" by means of a court, a Administration-(in particular of a State Police) the authority or the interventions of the NSDAP, including their changes, to a significant extent have been damaged. "

2. § 1 para. 2 shall be referred to as lit. (i) the following lit (i) with the aid of a supplement. (j) added:

" j)

a forced sterilization. "

3. In § 7 (2) the term " "or widows (widows) aid" , in Section 11 (1), the word order shall be "the survivors ' pension, the maintenance pension and the aid" through the phrase "the survivor's pension and the maintenance pension" , in the previous § 11 para. 8 the phrase "the maintenance pension, the aid and the allowances" through the phrase "the maintenance pension and the allowances" , in the first sentence of section 12 (1) and (2) of the first sentence, the phrase "Beneficiaries of pension benefits pursuant to § 11 (6) or (7)" through the phrase "Beneficiaries of pension rights pursuant to § 11 (6)" and in section 12 (2), last sentence, the phrase "Retirement pension scheme according to § 11 (5) to (7)" through the phrase "Retirement pension scheme according to § 11 (5) and (6)" replaced. In the previous section 11 (9), the term " "(aid)" and in section 11 (12) of the previous paragraph, the term " "and aid" .

4. § 11 (6) reads:

" (6) widows (widows), life companions (life companions) and orphans for victims who were holders of an official certificate or who, if they were still alive, were entitled to issue an official certificate, without: that entitlement to an official certificate is granted, the survivor's pension pursuant to paragraph 3 and the maintenance pension in accordance with paragraph 5. "

5. § 11 (7).

6. The previous paragraphs 8 to 14 of § 11 receive the sales designation "(7)" to "(13)" . In the last sentence of section 15 (8) of the last sentence, the phrase "in accordance with the provisions of section 11 (5), (8) and (14)" through the phrase "in accordance with the provision of section 11 (5)" replaced.

7. The following paragraphs 11, 12 and 13 are added to section 18 (10):

" (11) claims made by the BGBl. I n ° 86/2005 beneficiaries already before the entry into force of the BGBl. I n ° 86/2005 were granted under the supervision of the Federal Law Gazette (BGBl) from the entry into force of the BGBl. I No 86/2005 as being in the way of legal claim.

(12) Bring those through the BGBl. I n ° 86/2005 beneficiary persons within one year after the entry into force of the BGBl. I n ° 86/2005 Applications under this Federal Act are the legal rights in the event of the existence of the conditions, at the earliest as from the entry into force of the BGBl. I No 86/2005, unless the conditions set out in paragraph 11 are already met.

(13) Relies of legally recognised aid in accordance with Section 11 (7) of the Victims ' Welfare Act in the Federal Law Gazette (BGBl) until the entry into force of the BGBl. I n ° 86/2005 is to be granted amtswegig survivor's pension in the sense of Section 11 (6). Applications for aid, on the up to the entry into force of the BGBl. I n ° 86/2005 has not been passed in a legally binding manner, from that date on, applications for survivor's pension shall apply in accordance with Section 11 (6). Applications for the granting of pension benefits on the basis of the amendment of Section 11 (6) with BGBl. I n ° 86/2005 within one year from the entry into force of the BGBl. I n ° 86/2005, the benefits are to be recognised at the time when the conditions are correct, but at the earliest from that date on the entry into force. "

8. The previous § 18 para. 11 receives the sales designation "(14)" .

9. The following paragraph 10 is added to § 19:

" (10) § § 1 para. 2 first sentence, para. 2 lit. i and j, 7 (2), 11 (1), 6 to 13, 12 (1) and (2) first and last sentence, 15 (8), last sentence, and 18 (11) to (14) in the version of the Federal Law BGBl. I No 86/2005 and the repeal of Section 11 (7) of this Article shall enter into force on 1 July 2005. '

Article III

Federal law, with the occasion of the 60. The anniversary of the liberation of Austria from the National Socialist tyrannship is a one-off grant (remembrance grant) for resistance fighters and victims of political persecution as well as their survivors.

§ 1. (1) On the occasion of the 60. The years of the liberation of Austria from the National Socialist tyrannity receive one-off benefits in accordance with the following provisions:

1.

Persons within the meaning of § § 2 and 5 of the Federal Law on the creation of an honorary sign for the benefit of Austria's liberation, BGBl. No 79/1976, which has been awarded a waiver of honour objected to by 31 December 2005, or widows (widows) of an owner of a waiver of honour in accordance with Article 2 (1) of the said Act, which does not grant the grant in succession can be obtained more;

2.

Persons applying for pension benefits under the Victim Welfare Act, Federal Law Gazette (BGBl) until 31 December 2005. No. 183/1947, pursuant to Section 65 of the War Victims Supply Act 1957, or a compensation of hardship with regard to one of the above-mentioned benefits;

3.

The holder of an official certificate as defined by the Victims Welfare Act or their widows (widows), as well as widows (widows) of a victim who was in receipt of a retirement benefit referred to in Z 2 and who have applied for the benefit of the grant in succession It is no longer possible to preserve life;

4.

Holder of a victim card requested by 31 December 2005 within the meaning of the Victim Welfare Act.

(2) The devotion is for persons in the sense of the Z 1 1000 Euro, for persons in the sense of the Z 2 800 Euro, for persons in the sense of the Z 3 600 Euro and for persons in the sense of the Z 4 500 Euro. It is a very personal achievement.

§ 2. (1) The Federal Minister for Social Security, Generations and Consumer Protection of the Federal Republic of Germany shall grant the benefits pursuant to Section 1 (1) (2) (2) of the Federal Republic of Germany (Federal Minister for Social Security)

(2) The grants pursuant to § 1 (1) (1), (1), (3) and (4) shall be granted if the person entitled to his/her claim signs his claim within one year after the entry into force of this Federal Law. The notification shall be made to the competent authority of the State Government. The responsibility of the Office of the Land Government is governed by the residence of the beneficiary. Persons who have their permanent residence abroad can register with the Austrian representative authority, in the area of which they have their stay, or at the office of the Vienna State Government.

(3) In the case of a non-competent authority, a social security institution or a municipal office, the application shall be forwarded without delay to the competent authority and shall be deemed to have been originally submitted to the competent authority.

(4) If the filing of the claim is not followed until later than the date stated in paragraph 2, the right to a one-off application shall be maintained if it is credibly made that an earlier application cannot be filed for valid reasons was.

(5) The offices of the state governments have to review the reported claims and to pass on the result of the Federal Minister for Social Security, Generations and Consumer Protection to the decision.

§ 3. The exemption reminder is to be provided by the approach 1/15127 of the Federal Finance Law.

§ 4. (1) The grant granted pursuant to this Federal Act is not subject to income tax and has, in the determination of the net income in accordance with Section 292 (3) of the General Social Insurance Act, BGBl. No. 189/1955, or § 149 (3) of the Industrial Social Security Act, BGBl. No 560/1978, or § 140 (3) of the Farmers ' Social Insurance Act, BGBl. No 559/1978, and the assessment of income-related benefits under the pension legislation. "

(2) All legal transactions, acts, submissions and legal transactions directly prompted by this Federal Act, as well as certificates in matters concerning the implementation of this Federal Law, shall be governed by the statutory duties of the Federal Republic of Germany. Exception of court and judicial administration fees under the court fee law, BGBl. No. 501/1984.

(3) The fees for the delivery of the grant granted under this Federal Act shall be borne by the Federal Government.

§ 5. All organs of the Federal Government, the Länder and municipalities and the other legal entities of public law established in the Federal Republic of Germany are to provide the information required for the implementation of this Federal Act. The transfer of such data to third parties is inadmissible.

§ 6. (1) The BRZ GmbH has to participate in the errands of the business which the Federal Minister for Social Security, Generations and Consumer Protection and the Land Main Men oblie pursuant to this Federal Act, insofar as such participation is in the interest of of simplicity, usefulness and cost savings.

(2) The data processed for the implementation of the Victim Welfare Act concerning victims of the struggle for a free, democratic Austria and victims of the political persecution are to be used for the implementation of this Federal Act.

§ 7. With the enforcement of this federal law, the Federal Minister for Social Security, Generations and Consumer Protection and the Federal Minister of Finance are entrusted.

Fischer

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