Federal Law For The Compensation Of Victims Of Nazi Persecution

Original Language Title: Bundesgesetz zur Entschädigung für Opfer der nationalsozialistischen Verfolgung

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Federal Law on Compensation for Victims of National Socialist Persecution (Bundesentschädigungsgesetz-BEG)

Non-official table of contents

BEG

Date of expend: 18.09.1953

Full quote:

" Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) in the adjusted version published in the Bundesgesetzblatt, Part III, No. 251-1, as published by Article 21 (2) of the Law of 29. June 2015 (BGBl. I p. 1042) "

:Last modified by Art. 11 G v. 23.7.2013 I 2586
Note:Amendment by Art. 21 para. 2 G v. 29.6.2015 I 1042 (No 26) can be found in a textual, documentary yet non-exhaustive way

See Notes
for details on the standstill.

Footnote

(+ + + Text proof from: 1.1.1987 + + +)

introduced in the Saarland by G No. 658 OJ L 327, 28.11.1987, p. of the Saarland 1959 p. 759; for individual deviating provisions, see called G No. 658 unofficial table of contents

content overview

FIRST SECTION
General Specifications
First Title: Claim Compensation § § 1 to 12a
Second Title: Transition and transfer of entitlement to compensation § § 13 and 14
SECOND SECTION
Claims for damage
First Title: Damage to Life § § 15 to 27
Second title: damage to body or health § § 28 to 42
Third Title: Damage to Freedom
I.deprivation of liberty § § 43 bis 46
IIRestriction Of Freedom § § 47 to 50
Fourth Title: Damage to Property § § 51 to 55
Fifth Title: Damage to assets § § 56 to 58
Sixth Title: Damage through payment of special charges, fines, fines and costs § § 59 to 63
Seventh Title: Damage in Professional and Economic Survival
I.Principle § 64
II.Job damage Continue
1.Term § 65
2.Self-employed professions § § 66 to 86
3. Independent Occupations
A.Private service § § 87 to 98
B. Public Service
a)Common rules § § 99 to 101
b)Officials § § 102 to 107
c)occupational soldata § 108
d) Employees And Workers § § 109 and 110
e)Extraordinary professors and private lecturers at the academic universities § 111
C.Religious Companies Service § 112
4. Damage in self-employed and self-employed activity § 113
5.Non-admission of gainful employment despite completed vocational training § § 114 and 114a
6.Damage in training § § 115 to 119
7.(omitted) § § 120 to 122
7. Maximum amount of capital compensation § § 123 to 125
 8.Meeting with claims under the legislation to regulate reparation National socialist injustice for public service members of public service § 125a
9.Federal Government authorization to decree legal orders § 126
III.Damage in the economic progress
1.Damage to insurance outside of social security insurance § § 127 to 133
2.Supply damage § § 134 to 137
3.Social insurance damage § 138
4.War victim care damage § 139
IV. Common rules on heredity and transferability § 140
Achter title: Immediate emergency help § 141
Neunter Title: Health care § § 141a to 141c
Tenth title: Meeting of claims for compensation for damage to life, damage to body or health, and damage in professional progress
1. Meeting of two claims § § 141d to 141f
2.Meeting of three claims § § 141g and 141h
 3.Meeting of four claims § 141i
4.Applicability in the cases of § § 41, 41a, 110, 112, 114 and 114a § 141k
THIRD SECTION
Special provisions for legal persons, institutions or persons associations§ § 142 to 148a
FOURTH SECTION
Special groups of persecuted persons 
First Title: Principle § 149
Second Title: Persecuted from the Vertfriction Areas § § 150 to 159a
Third title: stateless persons and refugees in the sense of the Geneva Convention § § 160 to 166
Fourth Title: Common Rules § § 166a to 166c
FIFTH SECTION
(omitted) § § 167 to 168
SECHSTER SECTION
satisfaction of compensation claims§ § 169 to 170
SEVENTH SECTION
Hardweight compensation§ 171
ACHTER SECTION
Distribution of Compensation Load § 172
NINTH SECTION
Compensation governing bodies and procedures
First title: Compensation bodies § § 173 and 174
Second Title: Common Rules of Procedure § § 175 to 183
 Third Title: Compensation Authorities § § 184 to 207
Fourth Title: Compensation Courts § § 208 to 227
 Fifth Title: Rules of Procedure for entitlement to health care § § 227a bis 227d
TENTH PART
Transitions and finishing rules § § 228 to 241

First section
General rules

First Title
Claim on Compensation

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----

In recognition of the fact that
is a person for reasons of political Opposition to National Socialism, or for reasons of race, faith or belief, have been persecuted under the National Socialist tyrannity, injustice has happened,
that of conviction or of faith or resistance to the National Socialist tyranny was a merit for the good of the German people and state, and
that democratic, religious and economic organizations were also supported by the The German Bundestag, with the approval of the Bundesrat, has approved the following law
the approval of the Federal Council: href="index.html#BJNR013870953BJNE006600328"> Non-official table of contents

§ 1

(1) Victims of National Socialist persecution are who for reasons of political opposition to National Socialism or for reasons of race, of the Belief or belief has been persecuted by national-socialist acts of violence, thereby causing damage to life, body, health, freedom, property, property, in his professional or in his/her economic progress (2) The person being persecuted within the meaning of paragraph 1 shall be treated as who has been persecuted by national-socialist violence,
1.
because of his own choice of conscience, he is actively opposed to his person's disregard for human dignity or against the moral, even by war. justified destruction of human life;
2.
because he represents an artistic or scientific direction rejected by the National Socialism has;
3.
because he has been close to a persecuted person.
(3) As a persecuted person within the meaning of paragraph 1, the following shall also apply: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
the survivor of a persecuted who has been killed or driven to death or the consequences of the the injury of his body or his/her health is deceased;
2.
the injured party who acts as a burden in the fight against the national-socialist Having committed violence or in defense of the persecution, but was able to hide the motive of this action;
3.
the injured party, who is the victim of National Socialist Violent measures have been affected because it was mistakenly attributed to a group of persons who had been persecuted for the reasons set out in paragraphs 1 and 2;
4.
the victim, who is a close relative to the persecuted national-socialist violence, who is close to the victim's spouse and the victim's wife. Children, as long as they are for them after the 31. 1.
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§ 2

(1) National Socialist Party Acts of violence are those measures which, for the reasons of persecution of § 1 on the initiative or with the approval of a service or an office-holder of the Reich, a country, other body, institution or foundation of the public, are subject to the following: To the right, the NSDAP, their limbs or their affiliated associations have been directed against the persecuted.(2) The adoption of national-socialist measures of violence shall not prevent them from being based on legal provisions or in abusive application of legal provisions against the persecuted person. Non-official table of contents

§ 3

The persecuted person is entitled to compensation under this law. Non-official table of contents

§ 4

(1) is entitled to compensation,
1.
if the persecuted
a)
on 31. (b)
before 31 December 1952 his residence or permanent residence within the scope of this Act;
b)
He died in December 1952 and had his last residence or permanent residence within the scope of this law;
c)
before the 31. He was expelled, deported or expelled in December 1952 and his last residence or permanent residence in the territory of the Reich, according to the state of the age of 31. December 1937, or in the area of the Free City of Gdansk, and not only after the end of the National Socialist tyranny in the German eastern territories under foreign administration or in the area of the Free City of Gdansk (d)
e)
displaced persons within the meaning of § 1 of the Law on the affairs of displaced persons and refugees (Bundesvertriebenengesetz) and within the scope of this Law of residence or permanent residence up to 30. After having left the territory of the State from which he or she has been expelled or relocated;
f)
recognized as a soviet refugee within the meaning of § 3 of the Federal Exaltation Act and has taken his residence or permanent residence within the scope of this Act, or , the person who has moved from the Soviet occupation zone or from the Soviet-occupied sector of Berlin by way of an emergency room or a comparable procedure, and who is on the 31. 2 of the Federal Law on Displaced persons (Bundesvertriebenengesetz) shall apply;
g)
by the way of family reunification, his residence or permanent residence from the territory of the Soviet occupation zone or from the Soviet-occupied sector of Berlin in the The scope of this law has been transferred or transferred because it requires permanent maintenance or maintenance as a result of physical or mental frailty, or is at least 65 years old; § 3 (2) of the German Federal Displaced Persons Act finds appropriate Application;
2.
if the persecuted person on the 1. January 1947 in a DP camp in the scope of this law, and after the 31. December 1946 either died during the stay in the DP camp, or emigrated from the scope of this law, or transferred as a homeless foreigner to the jurisdiction of the German authorities or the German Nationality acquired.
(2) As an emigration within the meaning of this Act, the following shall also apply if the person persecuted before the 8. May 1945 from the grounds of persecution of § 1, his residence or permanent residence from the territory of the Reich, according to the state of the age of 31. December 1937, or the area of the Free City of Gdansk.(3) The right to compensation shall not be waived by the fact that the person who has been deported (paragraph 1 (1) (c)) is forcibly transferred to the territory of the Reich in accordance with the conditions laid down in the 31. It was returned to the area of the Free City of Gdansk in December 1937.(4) The displaced person (paragraph 1 (1) (e)) shall also be entitled to compensation if his membership of the German people is based on the fact that he has been a member of the German language and culture group; an explicit commitment to German folk music is not a prerequisite for belonging to the German language and culture group.(5) Family reunification (paragraph 1 (1) (g)) shall be deemed to have been taken up by the spouse, by relatives straight line or by the sideline to the second degree, or by foster children or nurses, or Mother-in-law. An admission by Stief or foster children or to a child is only possible if it occurs before the completion of the 18. years or at least for three years had lived with the educating person in the home community.(6) The compulsory stay and the stay in a DP camp due to deprivation of liberty shall not be deemed to be a place of residence or permanent residence within the meaning of this Act.(7) For damage to land, the right to compensation shall be without regard to the residence or permanent residence of the persecuted person if the property is situated within the scope of this Act.

Footnote

§ 4 (1) (1) (1) (1) (1) (1) (1)). e: After Compatible with the decision formula with GG, BVerfGE v. 29.10.1969 I 2186-1 BvL 19/69- Non-official table of contents

§ 4a

(1) Is a persecuted person before the 31. He died in December 1952 and had his last residence or permanent residence outside the scope of this law, but in the territory of the empire according to the state of the 31. In December 1937 or in the area of the Free City of Gdansk, the non-remarried widow has the right to compensation, provided that she meets the conditions laid down in § 4. This shall not apply if the person being persecuted has only established his residence or permanent residence in the territory referred to in the first sentence after the end of the national-socialist tyrannical rule.(2) The claim referred to in paragraph 1 shall consist only in so far as the claim of the persecuted person to the widow would have been transferred in the path of inheritance if the persecuted person were to have fulfilled the conditions of § 4. The claim is neither transferable nor hereditary.(3) Paragraphs 1 and 2 shall apply in favour of the widower of a persecuted person. Non-official table of contents

§ 5

(1) Claim for compensation does not exist to the extent that the claim for compensation of the damage of its Under special legislation in force within the scope of this Act, legal redress falls within the scope of the legislation on the protection of national-socialist injustice. In particular, legislation within the meaning of the first sentence is
the legislation on reimbursement Fixed assets and the settlement of the restitution of funds liabilities of the German Reich and equivalent entities, the legislation governing the transfer of organisational assets, the legislation on the settlement of the restitution of national-socialist injustice for members of the civil service, the legislation on the restitution of national-socialist injustice in the social security system and in the
() The right to compensation does not exist even if the claim for reparation of the damage does not fall within the scope of specific legislation within the meaning of paragraph 1, because it is in its spatial context. The person concerned may no longer be entitled to claim his right under special legislation within the meaning of paragraph 1 because of the failure to comply with the time limit laid down in paragraph 1.(3) Non-official table of contents

§ 6

(1) excluded from compensation,
1.
who has been a member of the NSDAP or any of its members, or the Nazi- The nominal membership of the National Socialist Party (NSDAP) or in one of its members does not preclude the right to compensation if the person persecuted under the use of freedom, body or life, does not preclude the National Socialism for reasons which correspond to the reasons of persecution of § 1, has been combated and has therefore been followed;
2.
who shall be after the 23. The free democratic basic order in the meaning of the Basic Law was combated in May 1949;
3.
who after the 8th.
() Paragraph 1 (3) does not apply if the conviction outside the scope of this law has been issued. , and if the act is not punishable by punishment within the scope of this law or if the conviction is not justified in accordance with the principles of the rule of law.(3) The right to compensation shall be forcibly affected if one of the grounds for exclusion referred to in paragraph 1 (2) and (3) occurs after a decision has been taken or after a final judicial decision has been made. The services which have been effected after the occurrence of an effective reason can be reclaimed. Non-official table of contents

§ 7

(1) The right to compensation can be completely or partially denied if the person entitled to compensation is to be paid for compensation. , whether or not to obtain, have caused, or has authorised, unfairly or wilfully incorrect or misleading information about the reason or the amount of the damage.(2) The right to compensation may be withdrawn in whole or in part if it is found after the determination that one of the reasons for the failure of paragraph 1 is present or that the decision is based on incorrect information provided by the person entitled to the compensation is based on actual circumstances.(3) Services already effected can be reclaimed. Non-official table of contents

§ 8

(1) Claims against the German Reich, the Federal Republic of Germany and the German Länder can be without prejudice to the provisions referred to in § 5 and the provisions maintained by section 228 (2) are only asserted under this Act if they are based on the fact that damage was caused by measures taken on the basis of the reasons for the persecution of § 1 is.(2) Claims against other entities, institutions or foundations of public law or against persons of private law shall not be affected by this law. In so far as compensation has been paid under this law, they shall pass on to the performing country. The transition cannot be claimed to the detriment of the beneficiary. Non-official table of contents

§ 9

(1) The principles of civil law regarding the taking into account of participating debt and about the An invoice of a share obtained in connection with the damage shall apply in a reasonable way.(2) An agreement of the persecuted person with the harmful measure associated with the prosecution shall not be contrary to the claim for compensation.(3) If the damage has been caused by the person being persecuted under the pressure of the prosecution has undertaken or failed to act, this shall not preclude the right to compensation.(4) Services which a third party has granted or granted to the persecuted person in the performance of a statutory or moral maintenance obligation shall not be contrary to the right to compensation even if the damage is compensated for by such benefits .(5) No compensation shall be paid for any damage which would have been caused by the likelihood of the prosecution without the persecution. Non-official table of contents

§ 10

(1) The compensation is to be calculated on the basis of German public funds granted in the course of the Compensation for victims of the National Socialist persecution has been brought about. In so doing, services which have been or will be effected for a certain period of time or for a particular claim for damage shall only be credited to the compensation for that period or for the purpose of such action.(2) Services which, in accordance with the law governing the general regulation of the war and the collapse of the German Reich, have caused damage (General War Consequences Act) for a certain amount of damage and for a certain period of time , shall be credited to the compensation for that event and this period.(3) In the event of a number of claims to be satisfied at different times, the person entitled shall be entitled to benefits which are necessary for the current living or for the establishment of a sufficient livelihood, to the extent that: , which is to be considered for subsequent performance.(4) Welfare and social assistance are not to be expected.(5) As far as the persecuted for the time before the 1. The transfer of the right to compensation to the federal government is excluded from the unemployment benefit in November 1953. unofficial table of contents

§ 11

(1) Geldanspells for the time before the 1. July 1948 are calculated in Reichsmark and converted into Deutsche Mark in a ratio of 10: 2.(2) The conversion ratio 10: 2 shall also apply to the services to be used in accordance with § 10, provided that they have been effected in Reichsmark, and for Reichsmarksums, which are to be applied to the compensation under other provisions of this law. Non-official table of contents

§ 12

Pensions are at the earliest of 1. It was paid in November 1953 in amounts which can be prepaid in monthly terms. Non-official table of contents

§ 12a

Increment of recurring benefits from the federal pension insurance or after the Federal Supply Act, the pensions under this Act shall be reduced by no more than the monthly amount by which the recurring benefits are increased or increased monthly. This applies in the case of the first setting of a pension under this law.

Second title
Transition and transfer of entitlement to compensation

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§ 13

(1) The claim for compensation is hereditary.(2) The claim shall be made subject to the death of the persecuted person, if the treasury is legal heritage. It shall also extinguish if the persecuted person is deceased before the determination of the claim or before a final court decision on the claim and is solely beerned by a person who, according to § 6, is excluded from the compensation Would be. The claim shall not be heard as far as the persecuted person has turned him to a person as a legacy which would not be excluded from the compensation. The legacy shall be ineffective if the legatee is excluded.(3) If the persecuted person is inherited from several heirs and if only a part of the heirs is excluded, the right to compensation shall be due to the remaining heirs in advance. The rules applicable to legacies shall be applied in advance.(4) Paragraphs 2 and 3 shall apply to the heirs.(5) (omitted) Non-official table of contents

§ 14

The right to compensation can be resigned, pledged or paved. The assignment, pledge or confession is only permitted with the approval of the compensation authority.

Second section
claims for damages

First Title
damage to life

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§ 15

(1) is entitled to compensation for damage to life, if: who has been killed or driven to death and his death occurred during the persecution or within eight months of the end of the persecution that caused his death. Suffice it to say that the causal link between death and persecution is likely.(2) If the persecuted person is deceased during the deportation or during a deprivation of liberty within the meaning of this Act or within eight months of the end of the deportation or deprivation of liberty, it shall be presumed that the persons referred to in paragraph 1 Set 1 for the claim mentioned above. Non-official table of contents

§ 16

Compensation is provided
1.
pension,
2.
severance in the Case of remarriage,
3.
Capital compensation.
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§ 17

(1) The pension shall be entitled to the following survivors:
1.
the widow to their remarriage or up to their death;
2.
the widower until his remarriage or until his death, if the persecuted after the 31. He died in December 1985. Is the persecuted before the 1. Died in January 1986, the widower is only entitled to a pension, provided that the person persecuted at the time of the beginning of the persecution, who had led to death, would have entertained him or, if she was still alive, entertained him;
3.
the kids for the time, in the for them after the up to the 31. 4
4.
The parents-free grandchildren under the conditions set out in point 3, provided that they are the subject of the persecution. Time of the beginning of the persecution that led to death, has entertained, or, if he was still alive, would have entertained;
5.
the relative of the ascending line for the Duration of neediness;
6.
the adoptive parents under the conditions set out in point 5.
(2) The widow or widower shall be subject to the conditions laid down in paragraph 5. 1 or 2 equals
1.
the culpably divorced spouse;
2.
the former spouse equal to a non-culpable spouse whose marriage has been annulled or annulled;
3.
People whose connection with the persecuted under federal law on the recognition of free marriage-racist and politically persecuted or due to legal provisions of the 4
4.
The woman whose marriage with the persecuted person is retrospected by an order on the basis of the law of the law of the Federal law on the legal effects of the expulsion of a subsequent marriage has been concluded.
(3) Paragraph 2 (1) and (2) does not apply to a spouse who is responsible for reasons relating to the reasons for persecution of § 1. by the persecuted spouse. Non-official table of contents

§ 18

(1) The pension shall be fixed in accordance with the pension rights of the surviving dependants of one of the victims of the persecution According to the economic position of comparable federal officials of a grade with rising salaries in the event of his death brought about by accident, he would be granted according to the rules on the accident prevention of the federal civil servants. The economic position must be assessed against the average income of the persecuted person over the last three years before his death; a reduction in his income by previous persecution is not considered. In addition to the economic position, the social status of the person being persecuted should also be taken into account if this leads to a more favourable classification of the person being persecuted into a comparable civil servant group.(2) The pension shall be fixed in a percentage of less than 100 per cent of the pensions referred to in paragraph 1, if the economic conditions of the surviving dependabl justifies it. In assessing the economic situation, account should also be taken of the amounts to be acquired by the surviving person, although the acquisition is to be granted to him.(3) In the calculation of the pension, the respective level of the statutory pensions shall be based on comparable categories of officials within the meaning of paragraph 1. Non-tampering table of contents

§ 19

Original text site: BGBl. I 1965, 1317

The monthly minimum amount of the pension is for
to 31. March 1957of 1. April 1957 to 31. May 1. June 1960 to 31. December 1960. January 1961 to 30. June 1962 of the 1st July 1962 to 30 September 1964ab 1. October 1964
the widow 200 DM220 DM 236 DM255 DM270 DM292 DM
The Witwer 200 DM220 DM236 DM 255 DM270 DM292 DM
fullwaise 100 DM110 DM118 DM128 DM 136 DM147 DM
the first and second half-orphans,
if no pension is paid for the widow or widower, each75 DM 83 DM89 DM97 DM103 DM111 DM
if a pension is paid for the widow or widower, each55 DM61 DM 66 DM72 DM76 DM82 DM
the third and each following half-orphan, each50 DM55 DM59 DM64 DM68 DM73 DM
Nternless grandson100 DM110 DM118 DM128 DM136 DM147 DM
the parents or the adoptive parents together 150 DM165 DM177 DM192 DM 204 DM220 DM
a surviving parent or adoptive parent 100 DM110 DM118 DM128 DM136 DM147 DM.
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§ 20

(1) The pensions in accordance with § 18 may together do not exceed the accident rate of the comparable Federal official. Where the aggregation of the pensions of several survivors results in a higher amount than the accident rate, the individual pensions shall be reduced in proportion to their height. § 19 shall remain unaffected.(2) Where the pension of a survivor is not reduced in respect of the provision of the third sentence of paragraph 1, the pension of another survivor may not be reduced beyond the amount resulting from the second sentence of paragraph 1.(3) If the conditions of several pension rights in accordance with § 17 are met in the person of a surviving person, only one pension shall be paid in the case of pensions of the same amount and the highest pension shall be paid in the case of pensions of different amounts. Non-official table of contents

§ 21

(1) The circumstances underlying the assessment of the pension have subsequently changed to such an extent that: the newly recalculated pension as a whole by at least 10 per cent on the basis of the changed circumstances is different from the fixed pension, the pension shall be redefined.(2) The survivor shall have the 68. The pension shall be refixed only if the pension calculated on the basis of the changed circumstances deviates from the fixed pension by at least 30 per cent of the pension. Table of Contents unofficial

§ 22

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§ 23

In the event of remarriage, the widow or widower shall receive a severance payment of four and twenty times the amount of the pension relating to the last calendar month preceding remarriage. If the new marriage is dissolved or annulled, the pension shall return with effect from the first of the month following the month in which the marriage has been dissolved or annulled, but at the earliest after the expiry of two years after the date of expiry of the period of validity of the date of the month of the month after which the marriage has been declared. Remarriage. Benefits accruing to the widow or widower on the basis of a new entitlement to supply or maintenance acquired as a result of the dissolution or annulment of the marriage shall be set off against the pension. Non-official table of contents

§ 24

For the time before the 1. In November 1953, the survivors (§ 17) were sentenced to compensation for the death of the person who was persecuted to death. Non-official table of contents

§ 25

(1) The calculation of the capital compensation is based on the amount of the pension calculated in accordance with § § 18 to 20. on the month of November 1953.(2) If, for the month of November 1953, there is no entitlement to a pension, paragraph 1 shall apply, subject to the condition that the calculation of the financial compensation shall be based on the amount of the last calendar month in which the amount of the amount of the pension shall be calculated on the basis of the The conditions for entitlement to a pension were met.(3) For the period before the 1. In July 1948, the monthly amount to be used in accordance with paragraphs 1 and 2 of this Regulation shall bear two parts of the monthly amount calculated in the German mark. Non-official table of contents

§ 26

(1) The entitlement to the current pension is not transferable or hereditary; this also applies to the claim of Widow or the Witwers on severance in the case of remarriage.(2) The right to the sum of the backward pension amounts and to the financial compensation shall be only hereditary before the fixing or before the final judicial decision, if the survivor's survivor's or his or her spouse's or his spouse's or her spouse's Persecuted children, grandchildren or parents are buried. Section 13 (3) shall apply accordingly. Non-official table of contents

§ 27

(1) The Federal Government is authorized to issue legal orders for the implementation of § § 15 to 26. In doing so, it may establish, as a basis for the calculation of pensions and capital compensation and for the classification of the person being persecuted into a comparable group of officials, remuneration overviews, which are the average pensionable age Pay the salaries (basic salary and housing allowance) of the federal civil servants of the simple, medium, high and higher service. For the purpose of determining the percentage of the pension to be paid as a pension, it may be possible to draw up flat-rate rates.(2) The Federal Government is also empowered to increase the monthly minimum amounts of the pension (§ 19) in an appropriate way by means of a decree-law if the salaries and pensions of the federal civil servants increase due to legal regulations. name="BJNR013870953BJNG000600328 " />

Second Title
Damage to Body or Health

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§ 28

(1) The person persecuted shall be entitled to compensation if he/she has not been seriously damaged in his/her body or in his/her health. It is sufficient that the causal link between the damage to the body or health and the persecution is likely.(2) Section 15 (2) shall apply.(3) It is considered to be insignificant that neither the mental nor the physical performance of the persecuted person has had a lasting adverse effect on the person who has been persecuted and is not likely to affect it either. Non-official table of contents

§ 29

The compensation is provided
1.
healing techniques,
2.
pension,
3.
capital allowance,
4.
home money,
5.
retraining allowance,
6.
Survivors Supply.
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§ 30

(1) The scope and fulfilment of the right to a healing process are governed by the regulations on the accident prevention of the federal civil servants. § § 33, 34 (1) and § 51 of the German Civil Service Act and the Ordinance on the Implementation of Section 33 of the German Civil Service Act (Ordinance of the German Civil Service Act) are to be applied accordingly.(2) The claim shall not be ruled out by the fact that the healing process has been carried out before the entry into force of this law. Non-official table of contents

§ 31

(1) The pension is in the case of the persecuted in the event of and for the duration of an impairment of the earning capacity at least 25 of the hundred.(2) If the person persecuted for at least one year has been in concentration in concentration and in his capacity to work has been reduced by 25 per cent or more, he shall be presumed to be entitled to a pension in his favour to the effect that the reduction of the persecution caused by the person concerned shall be: Gainful capacity is 25 of the hundred.(3) The pension shall be fixed in a percentage of the service income (basic salary and housing allowance) of a federal official of a grade with ascending salaries comparable to the person being persecuted according to his or her economic position. The economic position shall be assessed on the basis of the average income of the person who has been persecuted in the last three years before the beginning of the persecution against him; a reduction in his income by means of previous persecution shall be excluded from the Consideration. In addition to the economic position, the social status of the person being persecuted should also be taken into account if this leads to a more favourable classification of the person being persecuted into a comparable civil servant group.(4) The calculation of the set of hundreds shall include the personal and economic conditions of the person being persecuted, in particular his sustainable income, including pensions, benefits under the Law on the Supply of Victims of the Victims of the Victims of the War (Federal Supply Act), the benefits arising from the statutory pension insurance and the amounts which he undertakes to be acquired, although he is to be granted the acquisition, as well as the degree of reduction of his earning capacity and his burden with the Care for dependants adequately to be taken into account.(5) The calculation of the pension shall be based on the respective level of the service income of comparable groups of officials within the meaning of paragraph 3.(6) The pension is in the event of impairment of the earning capacity
25 to 39%at least 15 and at most 40 %
from 40 to 49%at least 20% and at most 45%
from 50 to 59% at least 25 and no more than 50%
from 60 to 69%at least 30 and not more than 55%
from 70 to 79%at least 35 and not more than 60%
of 80 and more% at least 40 and not more than 70


of the service income that the person persecuted during the envoy to a comparable civil servant group after his age of life on 1. May 1949 would have been granted. Non-official table of contents

§ 32

The original text site: BGBl. I 1965, 1318

(1) The monthly minimum amount of the pension is in the event of an impairment of the earning capacity of
to 31. March 1957of 1. April 1957 to 31. May 1. June 1960 to 31. December 1960. January 1961 to 30. June 1962 of the 1st July 1962 to 30 September 1964ab 1. October 1964
from 25 to 39%100 DM110 DM118 DM128 DM136 DM147 DM
from 40 to 49 v.H. 125 DM138 DM148 DM160 DM 170 DM184 DM
from 50 to 59 v.H.150 DM 165 DM177 DM192 DM204 DM220 DM
from 60 to 69%175 DM193 DM207 DM 224 DM237 DM256 DM
from 70 to 79 v.H. 200 DM220 DM236 DM255 DM 270 DM292 DM
from 80 and more%250 DM 275 DM295 DM319 DM338 DM365 DM.
(2) The monthly minimum amount of the pension of a person being persecuted, which is reduced by at least 50 per cent in his earning capacity, and the 65. It has completed or completed its life year, amounts to 250 Deutsche Mark, from 1. January 1961 300 Deutsche Mark, from 1. July 1962 315 Deutsche Mark and from 1. October 1964 340 Deutsche Mark; women are replaced by the 65. the 60. Year of life. Sentence 1 shall apply only if the person persecuted before the 1. January 1905 was born. The entitlement to the minimum monthly amount does not presuppose that the reduction of the earning capacity by 50 per cent is based exclusively on the persecution. Unofficial table of contents

§ 33

(1) The degree of reduction and impairment of the ability to work is to be assessed according to how far the degree of disability is Persecuted in general working life is mentally and physically capable. Consideration shall be given to the profession or to vocational training which has already been started or which has already been initiated before this date of persecution.(2) Status of the persecuted before the start of the persecution on account of his age is not yet in the working life, the reduction and impairment of the earning capacity shall be measured according to the degree to which in adults with the same damage to the body or health. Unofficial table of contents

§ 34

Is the prosecutive capacity of the persecuted person, in addition to the impairment caused by the damage caused by the persecution, also by other causes, the assessment of the amount of the pension shall be based on the impairment of the earning capacity caused by the damage caused by the persecution. Section 33 (1) sentence 2 shall apply mutatily. Non-official table of contents

§ 35

(1) The circumstances underlying the assessment of the pension have subsequently changed to such an extent that: the newly recalculated pension as a whole by at least 10 per cent on the basis of the changed circumstances is different from the fixed pension, the pension shall be redefined.(2) Has the persecuted the 68. The pension shall be reestablished only if the pension calculated on the basis of the changed circumstances deviates from the fixed pension by at least 30 per cent of the pension.(3) Section 32 (2) remains unaffected. Non-official table of contents

§ 36

For the time before the 1. In November 1953, the person persecuted from the beginning of the impairment of the earning capacity was at least 25 per cent of a capital compensation. Non-official table of contents

§ 37

(1) The calculation of the capital compensation is based on the amount of the pension calculated in accordance with § § 31 to 34. on the month of November 1953. § 141e shall remain unaffected.(2) If, for the month of November 1953, there is no entitlement to a pension, paragraph 1 shall apply, subject to the condition that the calculation of the financial compensation shall be based on the amount of the last calendar month in which the amount of the amount of the pension shall be calculated on the basis of the The conditions for entitlement to a pension were met.(3) For the period before the 1. In July 1948, the monthly amount to be used in accordance with paragraphs 1 and 2 shall be two-tenths of the monthly amount calculated in the German mark.(4) § 32 (2) does not apply.

Footnote

§ 37 para. 1: Gem. BVerfGE v. 27.6.1961 I 1346 is also compatible with the GG in so far as it concerns compensation claims which have been notified before 29.6.1956 Non-official Table of contents

§ 38

A household allowance is available to the person being persecuted if he suffers from a loss of earnings by the healing process and the income remaining to him is less than the pension which he/she has received in the event of an impairment of the pension. It would be possible to obtain the earning capacity of 80% and more of the hundred, of which 55 may be expected to exceed the hundred of the service income which the person persecuted in the event of an entry into a comparable civil servant group after his age of life on 1 January 2008. May 1949 (§ 31 (6)). The house money shall be paid in the amount of the difference between the income remaining for the persecuted person and the pension to be calculated in accordance with the first sentence, but not beyond the level of the failure to pay the income. Non-official table of contents

§ 39

(1) The entitlement to the current pension is neither transferable nor hereditary.(2) The right to the sum of the repayable pension amounts, to the capital compensation and to the house benefit is only hereditary before the determination or before a final judicial decision, if the persecuted by his spouse, his or her husband to children, to his grandchildren or to his parents. Section 13 (3) shall apply accordingly. Non-official table of contents

§ 40

The person who is being persecuted and who is willing to retrain for another profession may be eligible to receive aid for the following Costs will be accepted if it is likely that the retraining will restore or improve its performance. Non-official table of contents

§ 41

(1) If the persecuted person is later than eight months after the end of the persecution that caused his death, If the damage to his or her body or his or her health has died, his survivors shall be subject to benefits in accordance with § § 16 to 26. In doing so, the consecration of the deceased persecuted person to a comparable civil servant group according to § 31 (3).(2) It is sufficient that the causal relationship between the damage to the body or health and death is likely to be based on the persecution. Section 31 (2) shall not apply.(3) For the first three months following the end of the month in which the person persecuted has died, his survivors shall be entitled, in place of the pension referred to in paragraph 1, to be paid to the person who has been persecuted for his or her damage to the body or health of the person who has been persecuted. pensions, provided that this is more favourable to the surviving dependabers. Unofficial table of contents

§ 41a

(1) Is a person who is persecuted to have a pension until death because of an impairment of the earning capacity of has received at least 70 from the hundred, has not died of the consequences of the damage to his or her body or his health, shall, for the duration of the neediness, receive the widow until her remarriage and under the conditions of § 17 (1) No 3 the children of the persecuted person.(2) The aid shall be granted in the amount of two-thirds of the pension which the widow and the children would be entitled to in the case of § 41.(3) Paragraphs 1 and 2 shall apply mutatily to the widower under the conditions laid down in Article 17 (1) (2). Non-official table of contents

§ 42

(1) The Federal Government is authorized to issue legal orders for the implementation of § § 28 to 41a. In doing so, it can provide a grade of remuneration as the basis for calculating pensions and capital compensation, which is the average salary (basic salary and housing allowance) of the federal civil servants of the simple, medium-sized, high-end and higher service, broken down by age of life. On the basis of this overview, the person being persecuted is to be classified in a comparable civil servant group.(2) The Federal Government is empowered to determine by means of a decree law which places of detention are to be regarded as concentration camps within the meaning of section 31 (2). In particular, it is necessary to defer to the places of detention which have been subject to the SS-Economic Administrative Headquarters, Group D.(3) The Federal Government is also empowered to increase the monthly minimum amounts of the pension (§ 32) in an appropriate way by means of a legal regulation if the salaries and pensions of the federal civil servants increase due to legal regulations. name="BJNR013870953BJNG000700328 " />

Third Title
Damage to Freedom

I.
Freedom Education

A non-official table of contents

§ 43

(1) The persecuted person is entitled to compensation if he or she is in the 30. January 1933 to 8. The freedom of movement was revoked in May 1945. This is true even if a foreign state has withdrawn freedom under the contempt of the rule of law, and
1.
The deprivation of liberty has been made possible by the fact that the persecuted person has lost the German nationality or the protection of the German Reich, or
2.
the government of the foreign state has been initiated by the National Socialist German government for the deprivation of liberty;
in the case of the States Bulgaria, Romania and Hungary for reasons of racial freedom, the 6. April 1941 as the date for the start of the German instigation.(2) The deprivation of liberty is in particular police or military detention, detention by the NSDAP, remand, criminal detention, concentration camp detention and forced residency in a ghetto.(3) The deprivation of liberty shall be equal to life under conditions of detention, forced labour under detention conditions and belonging to a criminal or probation unit of the Wehrmacht. Non-official table of contents

§ 44

(1) If the freedom has been revoked in connection with a criminal conviction, the Compensation in cases of doubt shall be subject to the suspension or modification of the conviction in the retrial or in accordance with the legislation on the restitution of national-socialist injustice in the criminal justice system is.(2) The annulment or amendment of a criminal conviction shall be determined by the court order by which the conviction has been repealed or amended. In the case of the repeal or amendment, the law shall be accompanied by a certificate issued by the courts or authorities competent in accordance with the legislation referred to in paragraph 1. Non-official table of contents

§ 45

The compensation in accordance with § 43 shall be paid as a capital compensation. It amounts to 150 Deutsche Mark for each full month of deprivation of liberty. The calendar months during which the freedom was withdrawn and 30 days of the months in which the freedom was only temporarily deprived of liberty are to be taken into account; several times of deprivation of liberty are taken together. Non-official table of contents

§ 46

(1) The right to compensation for deprivation of liberty is pre-set or before a final decision. of a court decision not transferable.(2) The claim is only hereditary before determining or before a final judicial decision, if the persecuted person is inherited by his spouse, his children, his grandchildren or his parents. Section 13 (3) shall apply accordingly.(3) The claim is exempt from inheritance tax in the case of the transfer of the inheritance to the spouse, the children, the grandchildren or the parents of the persecuted person.

II.
restriction of freedom

Non-official table of contents

§ 47

(1) The persecuted person is entitled to compensation if he/she is in the period of 30 years. January 1933 to 8. In May 1945 the Judenstern was worn or lived in the illegality under inhumane conditions.(2) If the persecuted person has lived under the false name, it is presumed that he has lived under inhumane conditions in the illegality. Non-official table of contents

§ 48

The compensation in accordance with § 47 shall be made as a capital compensation. It amounts to 150 Deutsche Mark for each full month of the restriction of freedom. § 45 sentence 3 shall apply. Unofficial table of contents

§ 49

Has the person persecuted for the time in which he or she carried the Judenstern or under inhumane conditions in the The right to compensation for the deprivation of liberty pursuant to § 43 is not the right to compensation for the restriction of freedom. Non-official table of contents

§ 50

The right to compensation for restriction of freedom is transferable and hereditary in accordance with § 46. For the exemption from inheritance tax, § 46 para. 3 shall apply.

Fourth Title
damage to property

A non-official table of contents

§ 51

(1) The persecuted person is entitled to compensation for damage to property if a property belonging to him at the time of the injury in the territory after the State of the 31 In December 1937, or in the area of the Free City of Gdansk, it has been destroyed, disfigured or plundered.(2) In the event of a plunder, it should be considered, in particular, that matters belonging to the persecuted person, whether by persons who have exercised or have been exercised, have been misappropriated or distributed to a crowd.(3) The person persecuted shall be entitled to compensation even if he/she belongs to him in the territory of the empire according to the state of the age of 31. December 1937, or in the area of the Free City of Gdansk, without a prudential supervision of its interests, has to be engraved, because
1.
he has been deprived of the freedom or he has lived in illegality,
2.
he emigrated or has fled to escape Nazi violence,
3.
it has been expelled or deported for the purposes of persecution of § 1.
(4) the person persecuted to a group of persons who, in its entirety, intended to exclude the National Socialist German Government or the NSDAP from the cultural or economic life of Germany, it is presumed that the damage to the person concerned shall be Property has been caused by national-socialist violence. Non-official table of contents

§ 52

(1) The compensation in accordance with § 51 is calculated in German mark.(2) The amount of the compensation shall be within the scope of this Act on the basis of the replacement value of the destroyed or loss-making property. The value of the replacement value at the time of the decision shall be determined taking into account the value of the item at the time of the injury.(3) In the event of a demise of a case, the amount of compensation shall be determined according to the costs which would be incurred in the scope of this law at the time of the decision to restore it. The same applies in the event of the destruction of a case where it is possible to restore it. Non-official table of contents

§ 53

A successor organization established on the basis of restitution law regulations is entitled to In the case of a refund or transfer of a case under the legislation for the restitution of fixed assets or under the legislation for the transfer of organisational assets, this successor organisation shall: as regards this matter, the right to compensation in accordance with § 51. If the person who has been persecuted or his heirs are entitled to the same claim for compensation before determining the claim under § 51 or before a final court ruling on the claim, the claim for compensation shall be the right of the person concerned. Successor organization at the time of the assertion on the persecuted or his heirs over. Non-official table of contents

§ 54

(1) Has the persecuted by destruction, embezzling, prize-giving or by imstitching household goods , it may require a flat-rate payment before the determination of the claim in accordance with § 51 or before a final court decision on this claim in place of the compensation in accordance with § 51. This amounts to 1: 1 converted into Deutsche Mark, one-and-a-half times the net income of the person being persecuted in 1932, but not more than 5,000 German marks.(2) If the married spouse has lost household goods, the right to the flat-rate payment shall be jointly entitled to them, irrespective of who has been the owner of the household board. If a spouse is deceased, the right to the lump-sum payment shall be entitled to the surviving spouse. If the spouses are separated at the time of the decision, or if they are divorced, each spouse may require half of the flat-rate cut. Non-official table of contents

§ 55

(1) The compensation in accordance with § § 51, 54 may total the amount of 75,000 Deutsche Mark for the individual persecuted. do not exceed. This shall also apply if the persecuted part alone, partly because of its membership of a community or fraction of a fraction, which neither a non-judicial association nor a non-judicial society of civil law or of the Trade law is to stand for compensation claims.(2) If claims for compensation are claimed by the successor organisations referred to in § 53, the maximum amount of paragraph 1 shall apply to the compensation awarded to the successor organisation in place of the individual persecuted person. name="BJNR013870953BJNG001100328 " />

Fifth Title
Damage Damage

Non-Official Table of Contents

§ 56

(1) The Persecuted shall be entitled to compensation if he/she is in his/her territory in the territory of the German Reich, as defined in the 31. The property has been damaged in December 1937 or in the area of the Free City of Gdansk. Damage to the property shall also be carried out if the person persecuted in the use of his or her property or property has been compromised. The claim shall also exist if the damage has been caused by boycott. No compensation shall be paid for damages up to a total of 500 Reichsmarks.(2) If the persecuted person is not only affected by the use of his or her property or property, but has also been adversely affected in the condition of this property or property, the loss of use shall be compensated in such a way that the compensation shall be for the Damage as a result of his or her property or property shall be added to five of the hundred.(3) The person persecuted shall be entitled to compensation even if a emigration or their preparation has resulted in a transfer loss. It is a condition that the person persecuted for the reasons of persecution of § 1 has been forced to emigrate and has received, for the amount spent on transfer, less than 80 per cent of the amount which he would have received if he was free Reichsmark could have been transferred to the official course in force. The compensation shall be calculated in such a way that the amount of the Reichsmark, for which the persecuted person has not received a countervalue, is converted into Deutsche Mark in a ratio of 10: 2. Use damage is not replaced.(4) The person persecuted to a group of persons who, in its entirety, intended to exclude the National Socialist German Government or the NSDAP from the cultural or economic life of Germany, shall be presumed to have suffered the damage has been caused by national-socialist violence. Non-official table of contents

§ 57

(1) The person who persecuted for the purposes of the persecution of § 1 in the time of 30 years. January 1933 to 8. May 1945 from the territory of the Reich according to the Stande of 31. 1 December 1937 or the territory of the Free City of Gdansk has been or has been expelled, shall be entitled to the replacement of the necessary expenses incurred as a result of emigration or expulsion; the same shall apply to the necessary expenses Expenses incurred as a result of the return migration. Article 56 (1) sentence 4 and subsection (2) shall apply mutaficly.(2) Paragraph 1 shall apply by analogy if the persecuted person has moved on after emigration completed as a result of the imminent threat of national-socialist violence.(3) If the necessary expenses have been incurred in foreign currency, the compensation shall be calculated on the basis of the rate of this currency at the time of the decision.(4) The compensation referred to in paragraphs 1 to 3 shall not exceed the amount of 5,000 Deutsche Mark for the individual persecuted person. Non-official table of contents

§ 58

The compensation in accordance with § § 56, 57 may total the amount of 75,000 Deutsche Mark for the individual persecuted. do not exceed. Otherwise, § 55 applies.

Sixth Title
Damage by payment of special charges, fines, fines, and costs

unofficial table of contents

§ 59

(1) The persecuted person is entitled to compensation for paid special charges imposed on him for the purposes of the persecution of § 1. Use damage is not replaced.(2) Special charges also apply to
1.
the loss suffered by the persecuted person from the enforcement of a
2.
the fees to the Deutsche Golddiskontbank to obtain an export permit;
3.
the payment of Reichsescape tax;
4.
the payment of sowing surcharges, default interest rates, bank charges and enforcement costs incurred as a result of the payment of special charges.
Levies on the Deutsche Golddiskontbank and the payment of the Reichsescape tax are subject to special charges only if the person persecuted from the persecution grounds § 1 for emigration has been coerced. Non-official table of contents

§ 60

(1) The person persecuted shall be entitled to the claim in accordance with § 59 even if the special levy is wholly or partly by means of Assets that are subject to restitution have been paid. The restitution claims to which the person concerned is entitled shall pass to the performing country up to the amount of the compensation to be paid in accordance with § 59 for the acceptance value of the individual assets withdrawn. A waiver of the person being persecuted for the right to a refund has no effect in relation to the performing country. If the person concerned has received benefits in the course of the refund, the value of these benefits shall be set off for the compensation. In addition, in the case of cash benefits and loans granted on the basis of a settlement in accordance with the provisions of the restitution law of the German Reich and the equivalent entities, the amount of loans granted is also to be calculated.(2) If the person concerned has paid the special levy, in whole or in part, from the proceeds of an asset subject to a refund, he shall be entitled to recover fixed assets under the legislation on the restitution of property. of the purchase price or for the assignment of the reparation claim on account of the unearned purchase price or the purchase price which has not been made available in its free disposal, the claim according to § 59 shall be in the ratio 10: 1 in Deutsche Mark . The claim under § 59 does not exist if the person persecuted has returned or regains the property subject to the refund, but does not repay the purchase price or claim the restitution claim on account of the non-regained value of the property. or the purchase price not available in its free disposal. Non-official table of contents

§ 61

(1) The persecuted person is entitled to compensation for paid fines and fines, as far as he/she is concerned from the The reasons for the persecution of § 1 have been imposed. The claim consists only if the person persecuted at the time of the imposition of the fine or penance his residence or permanent stay in the territory of the Reich according to the state of the 31. It may have been in the area of the Free City of Gdańsk, or if the fine or the fines have been paid or recovered in those territories. If the persecuted distributor is within the meaning of Section 1 of the Federal Law on Displaced persons (Bundesvertriebenengesetz), he shall have the right to claim even if the fine or the penance has been paid or contributed in the case of the abortion area. § 44 shall apply mutatily.(2) § 60 shall apply accordingly. Non-official table of contents

§ 62

The persecuted person is entitled to compensation for judicial and necessary out-of-court costs, as far as he is concerned. the costs have been incurred by the fact that a criminal procedure or a service criminal procedure has been brought against him on the grounds of persecution of § 1. The claim shall be made only if the person persecuted at the time of conclusion of the proceedings is his residence or permanent residence in the territory of the Reich, according to the state of the 31. Or in the area of the Free City of Gdańsk, or if the proceedings have been pending in these territories. If the persecuted distributor is within the meaning of Section 1 of the Federal Law on Displaced persons (Bundesvertriebenengesetz), the claim shall exist even if the procedure has been pending in the Vertfriction area. § 44 shall apply mutatily. Non-official table of contents

§ 63

The persecuted person belongs to a group of people who, in its entirety, is the national-socialist German government. or the NSDAP intended to exclude Germany from the cultural or economic life of Germany, it is presumed that the damage is caused by the payment of special charges, fines, fines and costs by means of national-socialist violence

Seventh Title
Damage in Professional and Economic Survival

I.
Principle

Non-official table of contents

§ 64

(1) The persecuted person is entitled to compensation for damage in professional and economic progress if: in the course of one in the Reichsgebiet, according to the state of the 31. It was not only marginally disadvantaged in its professional or economic progress in December 1937 or in the area of the Free City of Gdańsk. If the persecuted displaced person is within the meaning of § 1 of the Federal Law on Displaced persons (Bundesvertriebenengesetz), he shall have the right to claim even if the persecution has begun in the area of the Vertfriction area.(2) The person persecuted to a group of persons who, in its entirety, intended to exclude the National Socialist German Government or the NSDAP from the cultural or economic life of Germany, shall be presumed to have suffered the damage

II.
Damage in professional development

> name="BJNR013870953BJNG001600328 " />

1.
Term

Non-official table of contents

§ 65

A damage in the professional progress is available if the persecuted person has been harmed in the use of his or her work force.

2.
Self-employed occupations

unofficial table of contents

§ 66

(1) The persecuted person is entitled to compensation if he or she is from a self-employed activity, including agricultural and forestry, or commercial activity, whether or not it has been substantially restricted or restricted in its pursuit of business.(2) Self-employment shall be regarded as the management of the active participant of a capital company of the commercial law, which has been involved in more than 50% of the capital of the company.(3) It is generally the restriction of self-employment where the limitation in the total period of injury has resulted in a reduction in income of more than 25 per cent. Non-official table of contents

§ 67

(1) The person who is persecuted is entitled to the resumption of his former self-employed or to the admission equal self-employment through the granting of the necessary authorisations, authorisations and reference rights. The question of public needs must not be examined. Where the grant of the authorisations, authorisations and rights of reference depends on special conditions, they shall be deemed to have been granted in the person of the person who has been persecuted if he does not fulfil the conditions only for the reason that he or she is against him. national socialist violence measures have been targeted.(2) The person persecuted, who was before the 4. September 1939 according to German regulations as a doctor, dentist or Dentist admitted to the cash practice and is not yet re-admitted, is still valid as admitted to the cash practice. It shall be deemed to be approved at the place where it shall be established.(3) Paragraph 1 shall not affect the provisions relating to the personal and professional conditions on which access to certain professions is subject.(4) The person who has been persecuted shall be entitled to be exempted from a trial which has since been introduced or from a certificate of formal qualifications which has since been introduced. The claim does not exist if the examination or the certificate of competency is required for all employed persons in this profession so far. Non-official table of contents

§ 68

(1) Persecuted in the award of public contracts, without prejudice to the rules applicable to distreted areas preferably to be taken into account. This also applies to companies in which persecuted persons are significantly involved.(2) It is no longer necessary to take account of the award of public contracts if the persecuted to economic and social life is incorporated into a measure corresponding to his previous economic and social conditions. is. Non-official table of contents

§ 69

(1) The person being persecuted shall be entitled to interest-free or interest-reduced loans to the extent necessary to resume the loan former self-employed persons or the inclusion of an equivalent self-employed activity are required to obtain funds which it cannot obtain otherwise.(2) The person who has been persecuted shall have the right referred to in paragraph 1 even if he has already received one of the self-employed activities referred to in that paragraph and the loan is necessary to consolidate the basis of that activity. The same shall apply to those who are victims of the pursuit of their self-employment, if they require the loan for the full development of his former gainful employment.(3) The maximum amount of the loan is 30,000 Deutsche Mark. Non-official table of contents

§ 70

(1) If the person persecuted has exercised several self-employed activities at the beginning of the persecution, he or she shall be responsible for the Entitlement to a loan for the resumption of any previous activity.(2) The total amount of several loans may not exceed the maximum amount of Section 69 (3). Non-official table of contents

§ 71

The loan agreement must be concluded in accordance with the following conditions:
1.
The loan is usually to be galvanised with three of the hundred annually;
2.
The loan is to be redeemed after two grace-free years, at the latest during another ten years;
3.
The loan is to be secured as far as possible, in particular through the collateral appropriation of items obtained from the loan;
4.
The borrower is obliged to provide information annually on the use of the loan; on request, he has insight into his business management, in particular his business books; a deterioration of his professional and economic circumstances, which could endanger the repayment of the loan, he has to notify without delay;
5.
The loan agreement can be terminated without notice from an important reason in the person or in the circumstances of the borrower.
Non-official table of contents

§ 72

(1) Muß of the persecuted his former or equivalent employment under particularly aggravating conditions , and for this reason it is not possible to compensate for initial expenses, including adequate living expenses, by the loan, it shall be entitled to an additional loan, the repayment of which shall apply to: it is possible to dispense with verifiable use.(2) Particularly aggravating conditions within the meaning of paragraph 1 may be obtained, in particular, where the person being persecuted has had to interrupt his/her employment for more than five years if he has to take them in a place other than the previous one, if he has lost his business assets and cannot regain it to a sufficient extent in the course of a refund, if the persecution has greatly reduced the circle of his business friends, or if he has since then age, he has made it difficult to take up his employment.(3) The maximum amount of the additional loan is 20,000 Deutsche Mark.(4) § 71 shall apply mutatily with the proviso that the additional loan shall always be granted without interest. Non-official table of contents

§ 73

(1) § 69 para. 1 and 2, § § 70, 71, 72 para. 1, 2 and 4 are to be found on the surviving spouse and the children of a the deceased persons who have been persecuted if they have resumed or intend to resume the former employment of the person who has been persecuted.(2) The total amount of several loans in the case referred to in paragraph 1 shall not exceed the maximum amounts referred to in Article 69 (3), section 72 (3). Non-official table of contents

§ 74

The persecuted person for the period of displacement or the essential restriction in his self-employed Employment is entitled to compensation. The compensation consists in a capital compensation or in a pension. Non-official table of contents

§ 75

(1) The capital compensation is not made beyond the time when the person persecuted his earlier or has resumed work of equal value in full. The same applies when the person being persecuted has taken up gainful employment, which provides him with a sufficient basis for life; it is assumed that this is not the first time that he or she has been in employment. The following was the case when the person persecuted at that time had his residence or permanent residence within the scope of this Act.(2) A livelihood shall be sufficient if the persecuted or substantially restricted pursuance of the activity of self-employment has achieved or achieves sustained income which is the subject of such activity Average income of persons with the same or similar vocational training; in this case, the person being persecuted is to be classified in the comparable civil servant group, which is the decisive factor in the calculation of the compensation for capital in accordance with section 76 (1).(3) If the persecuted person has no entitlement or no entitlement to a life-long supply in accordance with official or official rules or principles, or to a pension or survivor ' s pension, the average income referred to in paragraph 2 shall be: Amount of 20 to be added to the hundred. From the time that the persecuted the 65. In the case of women, the amount is increased to 30 of the hundred; for women, the figure shall be replaced by the 65. Year of life the 60. Year of life.(4) If the person persecuted under the legislation referred to in § 5 or in accordance with § 56 has already received compensation for the loss of income which has occurred due to the displacement or restriction, or if he is entitled to such a claim by incontestable If a court decision or a settlement has been recognized by a final decision, the right to compensation for capital shall be waived in that respect. Non-official table of contents

§ 76

(1) If the person being persecuted has been expelled from his or her employment, the capital compensation shall be paid on the The basis of three quarters of the remuneration that would have been granted to a comparable federal official at the time of his dismissal. At the time of dismissal from the age of the person to be persecuted at the time of the start of the injury, the official shall be replaced by the salary of the Federal official. In order to enlist the person being persecuted to a comparable civil servant group, his professional training and his economic position shall be decisive before the persecution begins. The economic position shall be assessed on the basis of the average income of the persecuted person in the last three years before the start of the persecution. The professional development potential of the persecuted person, who was only at the beginning of the exercise of his profession, must be duly taken into account.(2) Where the person being persecuted has been substantially restricted in the exercise of his employment, paragraph 1 shall apply, subject to the proviso that the amount of capital compensation shall be fixed at the level determined by the relationship between the person concerned by the restriction caused income reduction to the achievable salaries of a comparable federal official. Achievable salaries are the remuneration that a comparable federal official would have had at the end of the compensation period. If the average income of the person being persecuted within the last three years prior to the beginning of the restriction was higher than the achievable remuneration of a comparable Federal official, paragraph 1 shall apply, subject to the proviso that: the capital compensation shall be fixed at the level resulting from the ratio of the reduction in income caused by the restriction to this average income.(3) If the persecuted person is not entitled or is not entitled to a life-long supply in accordance with official or official rules or principles, or to a pension or to a survivor ' s pension, the sum of the persons referred to in paragraph 1 or 2 shall be the sum of the To add a sum of 20 per cent to the sum.(4) The total period during which the person being persecuted was expelled from his or her gainful activity or was substantially restricted in the exercise of his or her exercise shall be treated as a single injury period. The same applies to individual periods of time during which the person being persecuted was expelled from his or her employment or was substantially restricted in the course of his pursuit of his or her work. Non-official table of contents

§ 77

The amount calculated in accordance with § 76 (1), (3) and (4) shall be the sum of the total compensation period during the entire period of compensation. To the extent that, together with the amount calculated in accordance with Article 76 (1), it exceeds the achievable salaries of a comparable federal official, the income obtained is to be deducted. Section 76 (2), second sentence, shall apply. In this case, income is before the 1. It was not possible to take account of the situation in July 1948. Non-official table of contents

§ 78

The capital compensation is calculated after full months. The following shall be based on the calendar months during which the person being persecuted was expelled from his/her gainful activity or was substantially restricted in the exercise of his/her duties, and 30 days of the months in which the person concerned only temporarily from his/her gainful employment has been expelled or substantially restricted in their exercise. Non-official table of contents

§ 79

(1) The period for which the capital compensation is made shall end at the latest by the time when the capital compensation is paid. Persecuted actually is no longer capable of work. It is presumed that this is the case when the persecuted the 70. Year of life has been completed.(2) Paragraph 1 shall not apply if the incapacity for work is at least equal to 50% of the hundred-year-old. Non-official table of contents

§ 80

Existence after setting or after a final court decision the conditions for the performance of capital compensation, the annual amount of the financial compensation referred to in § 76 shall be paid in monthly instalment amounts until the maximum amount of the capital compensation (§ 123) has been reached. Non-official table of contents

§ 81

The persecuted person may choose to retire instead of the capital compensation. The pension shall be paid without regard to the amount of the capital compensation for life. Non-official table of contents

§ 82

(1) The prerequisite for the right to vote in accordance with § 81 is that the persecuted at the time of the decision is not He/she is engaged in gainful employment, which provides him with a sufficient basis for life, and that he does not have the right to take up such gainful employment. In particular, the pursuit of such activity should not be granted to the person concerned if he or she is 65. In the case of women, the age of 65 is replaced by the age of 65. the 60. Year of life.(2) § 75 (1) to (3) shall apply.(3) The pursuit of gainful employment, which provides a sufficient basis for life for the person being persecuted, shall be equal to the provision of an activity previously carried out. Non-official table of contents

§ 83

(1) The pension is based on two-thirds of the pensions of a comparable federal official. calculated. The respective level of the statutory pensions shall be based on this. Section 76 (1) sentences 2 to 5 shall apply with the proviso that the age of the persecuted person shall be presumed at the date of entry into force of this law.(2) The monthly maximum amount of the pension is
to the 31. March 1957= 600 DM
of 1. April 1957 to 31. May 1960= 630 DM
from 1. June 1960 to 31. December 1960= 660 DM
of 1. January 1961 to 30. June 1962= 700 DM
from 1. July 1962 to 30. September 1964= 735 DM
from 1. October 1964 to 31. December 1965= 785 DM
from 1. January 1966= 1000 DM.
(3) If the person who has been persecuted has chosen the pension, he will receive the pension for the period before the first one. November 1953, compensation in the amount of pension benefits for one year. Non-official table of contents

§ 84

The right to vote in accordance with § 81 is up to the expiry of a period of three months or, if the persecuted person is in the up to the end of a period of six months, by declaration to the competent compensation authority. The period shall begin with the date on which the decision of the compensation authority has become unquestionable or the court decision has become final. The election is final. Non-tampering table of contents

§ 84a

The claim of the person being persecuted for damage in the career path before the exercise of the right to vote or before If the pension has already been fixed or has been legally granted, the benefits are to be paid in respect of the period before the 1. They may also be credited to other claims or reclaimed on the basis of other claims, as of November 1953. Non-official table of contents

§ 85

(1) If the person who has been persecuted is the person who has been persecuted or is legally responsible for the legal recognition of the pension and after the exercise of the of the electoral law passed away, so the widow stands up to her remarriage and the children, as long as for her after that up to the 31. On the basis of the Staff Regulations, the right to a pension may be granted in respect of the right of civil servants to be granted in December 1974. The claim does not exist if the marriage is after the 29. It was concluded in June 1956.(2) The pension of the widow shall be 60 of the hundred and the pension for each child shall be 30 of the hundred of the pension which has been or would have been granted to the persecuted person in accordance with § 83. The pension shall be charged with other pensions paid out of German public funds on account of the death of the person being persecuted, insofar as the pension covers the amount of 150 Deutsche Mark, from 1. January 1961 the amount of 200 Deutsche Mark, from 1. October 1964 the amount of 230 Deutsche Mark in the month.(3) The pensions referred to in paragraph 2 shall not exceed the pension of the person concerned. If, in the case of an aggregation of pensions, a higher amount is obtained than the pension of the person being persecuted, then the individual pensions shall be reduced in proportion to their height.(4) Paragraphs 1 to 3 shall apply mutatily to the widower under the conditions laid down in § 17 (1) no. 2. Non-official table of contents

§ 85a

(1) Is the persecuted subject to the exercise of the right to vote, but before being fixed or legally enforceable. If the pension is passed away and before his death the conditions for the right to vote in accordance with § 82 before, the widow shall stand up to her remarriage and the children, as long as for her after the up to the 31. On the basis of the Staff Regulations, the right to a pension may be granted in respect of the right of civil servants to be granted in December 1974. The claim exists only if the widow himself has been persecuted or has been involved in the persecution; he does not exist if the marriage is after the 29. It was concluded in June 1956.(2) § 85 (2) to (4) shall apply.(3) Where benefits have already been effected on the claim of the person being persecuted for damage in the professional progress, they shall be charged to the full pension. This shall also apply if these services have been effected to a third party. For the purpose of calculating the current pension, the amount to be charged shall be distributed in such a way that three quarters of the monthly amount of the pension shall remain for the person entitled to pay. Non-official table of contents

§ 86

(1) If the persecuted person is deceased within the period of § 84, without the right to vote under Section 81 , the widow may exercise the right to vote. The time limit for exercising the right to vote in accordance with § 84 shall begin with the day on which the persecuted person has died.(2) If the person persecuted before the beginning of the period of § 84, without having exercised the right to vote, and before his death the conditions for the right to vote in accordance with § 82 before his death, the widow may exercise the right to vote if she is himself a persecuted person or has been affected by the persecution. § 84 shall apply to the exercise of the electoral law by the widow.(3) If the widow chooses the pension, Section 85 (1) to (3) shall apply. For the time before the death of the persecuted, the widow and the children receive compensation in the amount of the pension benefits of a year which would have been granted to the persecuted pursuant to section 83 (3). The compensation shall be distributed to the widow and the children in accordance with the provisions of Section 85 (2) sentence 1 and (3).(4) In the cases referred to in paragraph 2, in which the person persecuted before the entry into force of this law has died, the widow shall be entitled to a pension as of 1. January 1960. The third sentence of Article 83 (1) shall apply with the proviso that, at the time of the entry into force of this Act, his age at the time of the death of the person being persecuted shall be replaced by his age at the time of death. For the period prior to the death of the person being persecuted, compensation in the amount of one year's pension shall not be granted.(5) Where benefits have already been effected on the claim of the person being persecuted for damage in the course of professional progress, they shall be charged on the pension and on the compensation referred to in the second sentence of paragraph 3. This shall also apply if these services have been effected to a third party. For the purpose of calculating the current pension, the amount to be charged shall be distributed in such a way that three quarters of the monthly amount of the pension shall remain for the person entitled to pay.(6) Paragraph 4 shall apply in the cases of Section 4a.(7) Paragraphs 1 to 6 shall apply mutatily to the widower under the conditions laid down in § 17 (1) no. 2.

3.
Independent professions

A.
Private sector Service

Non-official table of contents

§ 87

(1) The persecuted person is entitled to compensation if he is in the private service by: Dismissal, premature departure or a reduction in employment which has been significantly lower than that paid.(2) Displacement into a significantly lower paid employment is generally available if the displacement in the total period of injury has resulted in a reduction in income of more than 25 per cent. Non-Official Table Of Contents

§ 88

§ 87 applies if
1.
The persecuted person has been terminated by his employer in compliance with legal, contractual or tariff regulations, if according to the traffic or the circumstances of the individual case the employment relationship would have been continued if none of the reasons for the persecution of § 1 had been present;
2.
a fixed-term employment relationship was not has been renewed if, according to the traffic or the circumstances of the individual case, the renewal would have been expected if none of the reasons for the persecution of Section 1 were to be found;
3.
The persecuted person has lost his job by deprivation of liberty, a ban on the profession or by the fact that he emigrated in order to escape Nazi violence, or has fled or has been living in illegality or has been expelled or deported for the reasons of persecution of § 1;
4.
the unemployed persecuted from the (3) has not been given a job or has been excluded from the mediation in work for the reasons of persecution of § 1;
5.
Workers have lost their jobs by the fact that the employer must cease to work in the course of the persecution and that the employee has not found equivalent employment because of his/her service to that employer. ;
6.
The tasks of the employers ' association have been transferred to another association in the course of National Socialist organisational measures and the Employees for the reasons of persecution of § 1 of the general takeover to the service of this association have remained excluded.
Non-official Table of contents

§ 89

(1) The person persecuted shall be entitled to grant his former or equivalent work place, unless he/she is 65. It has completed a life year or is incapable of working. The inability to work is to be assessed on the basis of the mental and physical capacity of the persecuted person in general working life.(2) The obligation to grant the former or equivalent workplace is the responsibility of any employer from whose service the persecuted person has been dismissed or has been eliminated prematurely, or his legal successor.(3) The employer or his successor in succession may refuse to fulfil the right to concede the former or equivalent work place if
1.
to meet this claim for compelling economic or operational reasons, not in the Situation is;
2.
in the presence of a number of undertakings, another employer, taking into account all the circumstances, is reasonably expected to fulfil the right to fulfil the right to (
)
the obligation to grant the former or an equivalent work place is determined by an indisputable decision or by a final court decision, then the following shall apply: the employment relationship as restored. Non-official table of contents

§ 89a

pursues those who, without their fault, do not yet have a permanent job in the previous or aspired profession , the agencies are to be given preferential access to vacant work places by the agencies. Unofficial table of contents

§ 90

If the person being persecuted has taken up an activity in a self-employed capacity, or if he/she has the right to: the successful admission of such an activity is fulfilled, according to § § 69, 71 corresponding application. § 72 shall apply mutatily. Unofficial table of contents

§ 90a

If the persecuted person has taken up an activity in a self-employed capacity, § 68 shall apply. Unofficial table of contents

§ 91

The persecuted person is entitled to compensation for damage caused to him by dismissal, premature departure or has been caused by a reduction in employment that has been considerably lower than that of the employment. The compensation consists in a capital compensation or in a pension. Non-official table of contents

§ 92

(1) § § 75, 76 (1), (2) and (4), § § 78 to 80 are applicable to the capital compensation.(2) Where the person concerned is not entitled or entitled to a life-long supply in accordance with official or official rules or principles or to a pension or survivor ' s pension, the sum of the persons referred to in paragraph 1 shall be the sum of the following: To add a sum of 20 per cent to the sum. The surcharge of 20 of the hundred is not required if the persecuted claim for compensation according to § § 134 to 137 has.(3) § 77 shall apply with the proviso that, in addition to the income obtained by other utilization of the labour force, such compensation, benefits, maintenance contributions or similar benefits shall be set off against the persecuted person from a the pursuit of activity in the private sector has been or has been received by a former employer or its successor in the law of the employer. Non-official table of contents

§ 93

The persecuted person may choose to retire instead of the capital compensation. In the case of an assessment of the pension, the age of the person being persecuted and the compensation of the capital to which he is entitled in accordance with section 92 shall be taken into account appropriately. Non-official table of contents

§ 94

The prerequisite for the right to vote in accordance with § 93 is that the person persecuted at the time of the decision is the 65. In the case of women, it has completed a life year or is not able to work more than 50 of the hundred in his/her profession; in the case of women, it is replaced by the 65. the 60. Year of life. Non-official table of contents

§ 95

(1) The monthly maximum amount of the pension is
up to 31. March 1957= 600 DM
of 1. April 1957 to 31. May 1960= 630 DM
from 1. June 1960 to 31. December 1960= 660 DM
of 1. January 1961 to 30. June 1962= 700 DM
from 1. July 1962 to 30. September 1964= 735 DM
from 1. October 1964 to 31. December 1965= 785 DM
from 1. January 1966= 1000 DM.
(2) The monthly minimum amount of the pension is 100 Deutsche Mark.(3) The monthly minimum amount of the pension shall be reduced in so far as it exceeds the amount of 300 Deutsche Mark per month, together with pension payments or recurring benefits from German public funds. The amount of 300 Deutsche Mark is increased in the case of married victims by 60 Deutsche Mark in the month and for each child, for that after the up to the 31. 20 Deutsche Mark per month, may be granted for the period of December 1974. From 1. In January 1961, the amount of 300 Deutsche Mark was increased to 350 Deutsche Mark, the amount from 60 Deutsche Mark to 80 Deutsche Mark and the amount of 20 Deutsche Mark to 30 Deutsche Mark per month. From 1. In October 1964, the amount of 350 Deutsche Mark was increased to 400 Deutsche Mark, the amount of 80 Deutsche Mark to 100 Deutsche Mark and the amount of 30 Deutsche Mark to 40 Deutsche Mark. However, the person persecuted shall receive at least the amount of the pension calculated in accordance with section 93. Non-official table of contents

§ 96

(1) The right to vote in accordance with § 93 is up to the expiry of a period of three months or, if the persecuted person is in the up to the end of a period of six months, by declaration to the competent compensation authority. The period shall begin with the date on which the decision of the compensation authority has become unquestionable or the court decision has become final. The election is final.(2) § 84a shall apply. Non-official table of contents

§ 97

(1) If the person who has been persecuted is the person who has been persecuted or is legally responsible for the legal recognition of the pension and on the exercise of the electoral law passed away, paragraph 85 shall apply accordingly. The calculation of the pension shall be based on the pension which has been or would have been granted to the persecuted person in accordance with § § 93, 95.(2) The monthly minimum amount of the pension is for the widow or widower 60 Deutsche Mark, for each child 30 Deutsche Mark; § 95 para. 3 finds appropriate application. If, in the case of an aggregation of the minimum amounts of pensions under the first sentence, the amount is higher than the minimum pension of the person being persecuted, the individual minimum pension amounts shall be reduced in proportion to the amount of the pension in respect of the amount of the pension. to each other. Non-official table of contents

§ 97a

Is the persecuted subject to the exercise of the right to vote, but before the establishment or final legal recognition of the right to vote the pension is deceased, § 85a shall apply accordingly. The pension is to be calculated in accordance with § 97. Non-official table of contents

§ 98

If the persecuted person is deceased before the exercise of the electoral law, § 86 shall apply. The pension is to be calculated in accordance with § 97.

B.
Public Service

a)
Common rules

Non-official table of contents

§ 99

(1) The persecuted members of the public service (§ § 1, 2, 2a of the Law on the settlement of reparation nationalsocialist injustice for members of the civil service) is entitled to compensation for the period before the 1. April 1950, if any of the following measures have been taken out of him:
1.
for officials and Professional soldier
a)
End of service ratio due to criminal part,
b)
Distance from the service,
c)
Dismissal without care or with a shortened Supply,
d)
Early retirement in retirement,
e)
Replacement in the Wait,
f)
set to an office or to a lower-end-base service item;
2.
on utility recipients
a)
Retirement Benefits,
b)
Supply deductions reduction;
3.
in employees and workers
a)
dismissal,
b)
premature termination of work relationship,
c)
Use in a lower-pay or lower-wage activity;
4.
non-official professors and private lecturers in the scientific higher education of the teaching authority (venia legendi).
It is assumed that the service or employment relationship is higher than the 8. It would have continued in May 1945 if it had still passed without the persecution at that time.(2) In the event of dismissal, early retirement, the provision of pensions or the withdrawal of the teaching authority within the meaning of paragraph 1, measures which have had the same effect as a result of the law shall also apply. The dismissal also applies to persecuted members of the public service in the areas mentioned in section 1 (2) of the law governing the restitution of national-socialist injustice for public service members. Refusal of re-use and, in the case of persecuted persons whose service has ended with the completion of the final examination of the preparatory service, the non-adoption as an extrabudgetary official.(3) § § 1 to 14, 64 shall apply. Non-official table of contents

§ 100

Claim for compensation does not exist if an equal measure for official or collective bargaining reasons, which were not related to national-socialist violence, would have been justified according to today's legal opinion. The marriage of a persecuted national of the public service is not an official or collective bargaining reason within the meaning of the sentence 1. Non-official table of contents

§ 101

A measure pursuant to § 99 (1) (1) and (2) has been issued by criminal section or by a service criminal or if it is the legal consequence of such a judgment, § 44 shall apply accordingly. The annulment of the judgment is the elimination of the official or utility consequences of the judgment at the mercy route.

b)
Officials

A non-official table of contents

§ 102

(1) The official who has received a remuneration on the basis of one of the measures referred to in Section 99 (1) (1) has the right to a capital compensation, if it has received
1.
no pensions, in the amount of three quarters of the last granted to it Remuneration;
2.
has received supply or waiting references or has had a lower service income, in so far as these references are beyond three quarters of the remuneration to be paid to him or her.
(2) salary cuts due to the regulation of the President of the Republic of Germany in order to safeguard the economy and finance of the 1. December 1930 (Reichsgesetzblatt I p. 517, 522), the Second Ordinary of the President of the Reich to safeguard the economy and finance of 5. June 1931 (Reichsgesetzbl. 279, 282) and the Fourth Regulation of the President of the Republic of the Republic to safeguard the economy and finance for the protection of the inner peace of the 8. December 1931 (Reichsgesetzbl. 699, 738) shall only be taken into account for the period in which they have been golten for the Reich and Federal Officials.(3) In the event of injury to the official at the time of the injury, paragraphs 1 and 2 shall apply, subject to the condition that, in lieu of a capital compensation, three quarters of the last remuneration shall be replaced by a Capital compensation shall enter three-quarters of the withdrawal of the waiting period.(4) When, at the time of the injury, the official has filed a prescribed or customary career examination but has not yet obtained a scheduled job, paragraphs 1 and 2 shall apply with the proviso that in place of a capital compensation in Three-quarters of the last remuneration shall be paid a capital compensation equal to three quarters of the remuneration of the entry level of the service of its service. This also applies in the case of non-takeover as a non-scheduled civil servant (§ 99 (2) sentence 2). (5) § 75 (1) and (2) shall apply. Non-official table of contents

§ 103

Retirement officers, widows, and orphans who have been completely or partially denied pension benefits (§ 99 1 (2), shall be entitled to a capital indemnification in the amount of the pension paid. Non-official table of contents

§ 104

(1) A survivor of a persecuted official or a recipient of a care who is the result of the following a measure against the persecuted measure (Section 99 (1) (1) and (2)) has not received any or only abbreviated pension benefits, has the right to a capital compensation in the amount of the resulting benefits under the general rules of civil service law Survivor's deductions on the basis of the capital compensation granted to the persecuted person in accordance with § § 102, 103.(2) It is sufficient for the surviving survivor to fulfil the conditions laid down in § 4. For the rest, § § 5 to 14 shall apply. Non-official table of contents

§ 105

An official or a provider who is responsible for several consecutive actions (§ 99 para. 1 no. 1 and 2), the capital compensation shall be determined in accordance with the legal relationship at the time of the first injury. If, at the time of a later measure, the official was re-used in accordance with his earlier legal position, the capital compensation for the subsequent period shall be determined on the basis of the last service relationship. Non-official table of contents

§ 106

For the assessment of the compensation in accordance with § § 102 to 105, the regulations of the Federal Office of Officials on the 1st of July are to be found on the 1st of December. The Directive applies to the law on pay and pensions in force in April 1951. In so doing, the remuneration, insofar as they would be durable, and the children's surcharges should be used. Non-official table of contents

§ 107

(1) The capital compensation in accordance with § § 102 to 106 shall be paid for the same period of time. Capital expenditures, maintenance contributions, benefits and similar benefits from German public funds, with the exception of benefits from unemployment insurance and unemployment insurance, to be counted in full. References which are already taken into consideration in the assessment of the compensation of capital (Section 102 (1) no. 2, § § 103, 104) shall not be taken into consideration in the case of the settlement.(2) A beneficiary who has earned an income by re-using his/her labour force shall be entitled to the compensation of capital in so far as it, together with the income and benefits referred to in paragraph 1, is
1.
at a dismissed, early retirement, or waiting-level officials The income which the official would have achieved in the case of a regular service life,
2.
in the case of a resting or waiting officer who is in the service of a rest or a waiting period. Wait-for-durable service suits,
3.
for a widow 75 of the hundred of the service remuneration in accordance with point 2,
4.
at an orphan 40 of the hundreds of service references to number 2
does not exceed. In this case, income is before the 1.

c)
Professional soldiers

Non-official Table of contents

§ 108

(1) § § 102 to 107 apply to professional soldiers of the former Wehrmacht as well as to their survivors ' respective application.(2) For the purpose of measuring the non-slip remuneration in accordance with grades A and B, the provisions of Section 20 (1) of the Act to regulate the restitution of national-socialist injustice for members of the public service shall be deemed to be an asset table attached to the table. The determination of the salary service in grades of grade A shall be determined in accordance with the rules applicable to civil servants, in particular the question of which remuneration should be considered to be a service salary which is capable of being held by civil servants. Reichsbesoldungsgesetz (reichsbesoldungsgesetz) according to the regulation implementing § 20 of the law governing the restitution of national-socialist injustice for members of the public service.(3) The Wehrmacht (Wehrmacht) belongs to the former Wehrmacht (Wehrmacht) in the meaning of the Wehrmacht of 21. May 1935 (Reichsgesetzbl. 609), the Reichswehr and the old Wehrmacht (Heer, Marine, Schutztruppe).

d)
Employees and Workers

unofficial table of contents

§ 109

§ § 102 to 107 find employees and workers (§ 99 para. 1 no. 3) who, at the time of the injury, have a contractual right to care for civil servants 'legal principles or to ruhelohn, or who would have obtained such a claim without the injury, as well as to their survivors' application. Non-official table of contents

§ 110

(1) § § 87, 88, 90 to 98 shall be found on employees and workers (Section 99 (1) (3)), which at the time of the injury did not have a contractual right to supply according to the principles of civil service law or to ruhelohn and would not have obtained such a claim even without the injury, and to its survivors ' application.The employees and workers referred to in paragraph 1 and their survivors shall, by way of derogation from Article 99 (1), also be entitled to compensation for the period after the first subparagraph of Article 1 (1). April 1950, but at the latest, until the date on which they receive current references in accordance with § 21a of the law governing the restitution of national-socialist injustice for members of the civil service.

e)
Non-official professors and private lecturers at the academic institutions of higher education

A non-official table of contents

§ 111

(1) Non-official professors and private lecturers at the academic universities (§ 99 para. 1 no. 4) are entitled to a Capital compensation in the amount of three quarters of the remuneration which would have been granted to them if, at the time of the injury, they were transferred to a lecturer and the law on the remuneration of the university teachers of 17. February 1939 (Reichsgesetzbl. 252) would have already been in force at this time.(2) § § 104 to 107 shall apply.

C.
Service for Religious Societies

Non-official Table of Contents

§ 112

§ § 109, 110, 88 are to be found on persecuted persons who have been at the service of religious or Jewish public institutions and who have been harmed in this service, as well as to their survivors appropriate application. The right to compensation also exists for the period after the 1. April 1950, but not later than the date on which current references are paid under the law governing the restitution of national-socialist injustice for members of the civil service. name="BJNR013870953BJNG002700328 " />

4.
Damage in self-employed and self-employment

Unofficial Table of contents

§ 113

(1) If the persecuted person has been self-employed and self-employed, and if he has been injured only in one of the two gainful activities, the compensation shall only be the amount of such damage. Rules applicable.(2) If the person being persecuted has been damaged both in his self-employed and in his or her self-employed gainful employment, the right to receive capital compensation or to retire is decisive for the employment of which he is not only was temporarily related to the higher income.(3) Where the income of the persecuted person from his self-employed and self-employed gainful employment has been approximately the same, his right to compensation for capital or to a pension such as that of a self-employed person shall be treated. name="BJNR013870953BJNG002800328 " />

5.
Non-employment in spite of completed vocational training

Non-official Table of contents

§ 114

(1) The persecuted person who, despite completed vocational training, has not been able to take up employment as a result of the persecution reasons of § 1, and his survivors, have Claim for compensation in accordance with § § 66 to 86.(2) Vocational training shall be deemed to have been completed even if the persecuted person has filed all the state examinations prescribed for the desired profession, but for the reasons of persecution of § 1 a prescribed for the admission of this profession State authorisation has not been obtained. In this case, the compensation shall be provided at the earliest from the date in which the person persecuted could have taken up the profession which he had sought.(3) If it is to be assumed that the persecuted person does not wish to take up a self-employed activity, the persecuted person and his survivors shall be entitled to compensation in accordance with § § 87, 90 to 98.(4) The consecration of the person being persecuted into a comparable group of officials shall be determined after his professional training and his presumed income.(5) Paragraphs 1 to 3 shall not apply if the persecuted or his survivors receive compensation in accordance with Section 102 (4) sentence 2, § § 104 to 107. Non-official table of contents

§ 114a

(1) § 114 (1) applies if the person persecuted, who has a teacher's profession on a The University of Applied Sciences of the University of Applied Sciences of the University of Applied Sciences, which has submitted the required or customary state or scientific examinations for this purpose and which has been granted admission to the habilitation, for the reasons of persecution of § 1 of the The granting of the teaching authority has been denied.(2) The compensation shall be provided at the earliest from the date in which the persecuted profession could have taken up the desired profession, in accordance with § § 87, 90 to 98.(3) Section 114 (4) and (5) shall apply.

6.
Damage in training

Non-official Table of contents

§ 115

(1) The damage caused by professional advancement within the meaning of § 65 shall also apply to the damage suffered by the persecuted person in his vocational training or in his pre-vocational training by exclusion from the desired training. or has suffered through their forced interruption.(2) § 67 (1), (3) and (4) shall apply mutatily. Non-tampering table of contents

§ 116

The persecuted person is entitled to a capital compensation of 10,000 Deutsche Mark. Non-official table of contents

§ 117

(1) The persecuted person is entitled to a loan after successfully completing the training. Section 69 (1) and (2) shall apply mutatily.(2) The maximum amount of the loan is 10,000 Deutsche Mark. Section 71 shall apply accordingly. Nonofficial table of contents

§ 118

- unofficial Table of contents

§ 119

(1) Children who, because of their parents ' persecution of their parents, have not been able to take up or terminate their aspired vocational training or pre-vocational training, as long as they have not been able to do so until 31 December 2013. On the basis of the provisions of the European Parliament and of the Council of the European Parliament and of the Council of 19 December 1974, the right to an allowance for the necessary expenses incurred in the recovery of their training shall be eligible for aid. The claim consists only in so far as the parents are unable to dispute the costs of the training from their own resources because of the persecution.(2) It is sufficient for the children to fulfil the conditions laid down in § 4. For the rest, § § 5 to 14 shall apply.(3) The aid shall be paid in partial amounts corresponding to the needs for the duration of the training. The aid may not exceed the sum of 10,000 German marks for each child.(4) The aid shall be calculated on the basis of benefits received by the child under other laws for the benefit of his education from German public funds. § 10 shall remain unaffected.

7.
Meeting of claims for compensation for damage in the professional advancement with claims for compensation for damage to life, body or health

unofficial table of contents

§ § 120-122 (omitted)

-

7.
maximum amount of the Capital indemnification

Non-official table of contents

§ 123

(1) The capital compensation may be for damage in the professional progress the total amount of 40,000 Deutsche Mark for the individual persecuted person.(2) The amount of the aid and the compensation for damage suffered in the course of training and compensation in accordance with § 19 of the law governing the restitution of national-socialist injustice for members of the civil service shall be included in the maximum amount to be included. Non-official table of contents

§ 124

If, according to § § 99 to 109, 111, a surviving survivor is entitled to compensation, the maximum amount of Section 123 is in proportion to the pension rights of the deceased member of the public service in accordance with the provisions of the law on the supply of survivors. Non-official table of contents

§ 125

The maximum amount of § 123 shall also apply if capital compensation according to § § 99 to 109, 111 from a

8.
Meeting with claims under the legislation governing the restitution of national-socialist injustice for relatives of the public service

unofficial table of contents

§ 125a

has the person persecuted for the same damage status and the same Compensation period of entitlement to a pension for damage in the course of professional advancement, as well as entitlement to redress under the legislation governing the restitution of national-socialist injustice for members of the civil service, it shall be entitled to a pension for damage in the course of professional advancement only to the extent that it exceeds the right to redress under the said legislation.

9.
Federal Government for the Adoption of Legal Regulations

Non-official table of contents

§ 126

(1) The Federal Government is authorized to § § § 65 to 98 as well as § § 110 to 125a legal regulations to be issued. In doing so, it may, as a basis for the calculation of financial compensation and pensions, lay down provisions on the classification of the person being persecuted into one of his vocational training and his economic status within the last three years before the damage comparable officials with rising salaries and tables for average earnings and the average pensions of the federal civil servants of the simple, medium, high and higher service, broken down by age of age. For the implementation of § § 75, 82 and 92, tables may be drawn up, which indicate the average income of persons with the same or similar vocational training. In addition, the Federal Government may lay down more detailed provisions for the calculation of the pensions referred to in § § 93 to 98.(2) The Federal Government is also authorized, by means of legal regulation
1.
the monthly maximum amounts the pension according to § 83 para. 2, § 95 para. 1,
2.
the pension amounts according to § 93,
3.
the pension amounts according to § 93,
3.
To increase the amount of allowances in accordance with § 85 (2), § 95 (3) and § 97 (1) (1
if the salaries of the federal civil servants are increased due to legal regulations.

III.
Economic Progress Damage

1.
Damage to Insurance outside Social Security

A non-official table of contents

§ 127

(1) The persecuted person is entitled to compensation if he or she is a policyholder or a reference person for the protection of life insurance (capital) or pension insurance) which has been taken out of a private or public-sector insurance institution outside the social security insurance scheme, in whole or in part, by virtue of the fact that a statutory or condition-based insurance scheme exists in accordance with the provisions of Entitlement to an insurance benefit or risk has been adversely affected.(2) An untraced referee shall be entitled to compensation if the policyholder is a persecuted person and the person who has the right of reference is the spouse of the persecuted person or, in the case of the legal succession, to the heirs of the first or second Order would belong. It is sufficient for the reference person to fulfil the conditions laid down in § 4. For the rest, § § 5 to 14 shall apply. Non-official table of contents

§ 128

(1) Compensation for damage to life insurance that is subject to a capital benefit shall be found in the By way of example, the person entitled, as a capital indemnification, shall be entitled to the benefits, including any repayment of the old savings and of any performance under the laws to improve benefits from pension and pension insurance, and is obtained from capital compulsory insurance which would have been or would have been granted to him without the injury after the insurance relationship. Benefits on the basis of liabilities which would have been due to Reichsmark or which would have been to be fulfilled in Reichsmark according to the provisions which had been asserted prior to the changeover to the currency shall be applied by application of the reorganisation of the money system , laws and regulations are calculated.(2) Unpaid premiums as well as repayments and other benefits of the insurer to the policyholder, the person entitled to the benefit or to an otherwise entitled to receive the insurance benefit shall be paid to the capital indemnification with the It is calculated that the amounts of the Reichsmark are converted into Deutsche Mark in a ratio of 10: 1. A person entitled to receive the insurance benefit in the sense of the first sentence is not the German Reich or a German country, if they have received the insurance benefit in the course of national-socialist violence measures. Interest rates are not calculated.(3) Where the claims arising from the premium reserve have also been lost, the beneficiary shall, in place of the capital indemnification referred to in paragraph 1, be entitled to the repayment of the repayment, which shall be the same at the date of the commencement of the harmful effects of national socialist acts of violence would have resulted in the insurance ratio in accordance with the insurance conditions, provided that this is more favourable to the person concerned. The Reichsmark amount of the refund is to be converted in the ratio of 10: 2 to Deutsche Mark. Benefits of the insurer are credited to the compensation of the capital with the proviso that Reichsmark amounts are converted into Deutsche Mark in a ratio of 10: 1. Non-official table of contents

§ 129

(1) Compensation for damage to life insurance as a result of a retirement benefit shall be found in the The person entitled to a pension shall receive the benefits as a pension, including any life savings compensation or a benefit under the pension improvement laws which have been granted to him without the injury after the insurance relationship had or would be standing by. Benefits on the basis of liabilities which would have been due to Reichsmark or which would have been to be fulfilled in Reichsmark according to the provisions which had been asserted prior to the changeover to the currency shall be applied by application of the reorganisation of the money system , laws and regulations are calculated.(2) Unpaid premiums and rebates or other benefits of the insurer to the policyholder, the person entitled to the benefit or to the person entitled to receive the insurance benefit shall be entitled to the pension on the basis of the conditions laid down in the The amount of the Reichsmark amounts to a ratio of 10: 1 to the German mark. A person entitled to receive the insurance benefit in the sense of the first sentence is not the German Reich or a German country, if they have received the insurance benefit in the course of national-socialist violence measures. Interest rates are not calculated. The sum of the amounts to be calculated shall be subject to the insurance ratio accordingly. The pension referred to in paragraph 1 shall be reduced by the amounts thus determined.(3) In lieu of the pension referred to in paragraph 1, the person entitled to compensation shall receive the benefits which he would receive if the insurance had been taken into account at the time of the commencement of the harmful effects of national-socialist violence on the The insurance ratio would have been converted into a non-contributory insurance, provided that this is more favourable to the person concerned. Benefits of the insurer shall be credited to this pension in accordance with paragraph 2.(4) Pensions up to a monthly amount of ten Deutsche Mark are to be capitalized according to the valuation law; they are to be deducted with the capitalized amount.(5) Pension benefits which have to be effected in accordance with the insurance relationship and which have been subject to the back of the insurance case have been repaid in a sum of non-interest-bearing interest. Non-official table of contents

§ 130

(1) Is the person entitled to a refund of fixed assets under the legislation; and the legislation regulating the financial liabilities of the German Reich and equivalent legal entities claims against the German Reich or a German country, he may be entitled to compensation in accordance with § § 128, 129 require only the assignment of these claims up to the level of compensation to the performing country. A waiver of the person entitled to the refund shall not have any effect on the performing country.(2) If the person entitled has received benefits in the form of a refund, the value of these benefits shall be charged in full in the case of § 128 on the compensation of the capital and in the case of § 129 on the backward pension benefits and on the current pension. In addition, in the case of cash benefits and loans granted on the basis of a settlement in accordance with the provisions of the restitution law of the German Reich and the equivalent entities, the amount of loans granted is also to be calculated. Non-official table of contents

§ 131

If the insurer does not meet any claims due in the course of the prosecution, the claims of the Authorised persons only in accordance with the general legislation. However, the authorized person may demand compensation in accordance with § § 127 to 130, insofar as the prosecution has led to the fact that he can no longer obtain the fulfillment of a claim to a capital or a pension benefit by the insurer. Non-official table of contents

§ 132

For damages to insurance companies other than those referred to in § § 127 to 129, no compensation will be granted after this Law. Non-official table of contents

§ 133

(1) The compensation in accordance with § § 127 to 130 may be granted to the individual policyholder or to the persons entitled to the claim. a total of 25,000 Deutsche Mark did not exceed This shall also apply where an policyholder or a subscription holder has been harmed by several insurance companies.(2) The capital value of the pension shall be calculated with the appropriate application of the valuation law.

2.
supply damages

A non-official table of contents

§ 134

(1) The persecuted person is entitled to compensation if he or she is employed in the private service for the case of age or disability, or as an employee in the private sector. Survivors of such a worker were admitted to, or were in prospect of, supply services and if he has been harmed in that supply.(2) The right to compensation shall also be entitled to the survivor of a person who has been persecuted if, as a consequence of a Nazi act of violence directed against him, he has not received or received no or only a shortened supply. It is sufficient for the survivor to fulfil the conditions laid down in § 4. For the rest, § § 5 to 14 shall apply. Non-official table of contents

§ 135

(1) The right to compensation is not required,
1.
to the extent that the person entitled to the payback or its legal successor is again services provided;
2.
where by final judgment or if it is established by comparison, that the person responsible for the supply or the supply of goods is subject to the whose legal successor is obliged to supply benefits to the beneficiaries;
3.
if the beneficiary is in accordance with the 8. 4.
4.
4.
4.
to the extent that the person entitled is entitled to benefits due to a service or employment relationship based on the injury.
(2) The claim is not applicable even if: who has been harmed in his self-employed and self-employed activity but is compensated as a self-employed person; the same shall apply to the survivors of such a persecuted person. Non-official table of contents

§ 136

(1) The person entitled to compensation shall be entitled to the benefits which he/she has received at the time of the occurrence of the supply without the Injury would have been or would have been granted.(2) Is the supply case before the 1. In the case of a pension, the person entitled to a pension has been granted a pension for the period prior to 1 November 1952 and has been in a pension. November 1953, compensation in the amount of pension benefits for one year.(3) Pensions up to a monthly amount of ten Deutsche Mark are to be capitalized according to the valuation law; they are to be deducted from the capitalised amount. Non-official table of contents

§ 137

(1) The compensation in accordance with § § 134 to 136 may be granted for the individual persecuted person and for his surviving dependants. Do not exceed 25,000 Deutsche Mark.(2) The capital value of the pension shall be calculated with the appropriate application of the valuation law.

3.
damage in the social security system

unofficial table of contents

§ 138

The reparation for damage suffered by the persecuted or his survivors in the social security system depends on the amount of damage that the person has suffered from the social security system. special legislation in force, in particular in accordance with the law on the treatment of persons persecuted under National Socialism in social security; temporary applications under this legislation may be submitted until the end of the 30 years. September 1966.

Footnote

§ 138 italic print: See now G v. 22.12.1970 826-9

4.
War victim care damage

Non-official table of contents

§ 139

The reparation for damage suffered by the persecuted or his survivors in the supply of war victims is governed by the federal law for the reparation of national-socialist injustice in the provision of war victims and according to the law for the reparation of national-socialist injustice in the war victim supply for beneficiaries abroad.

IV.
Common rules on inheritance and transferability

unofficial table of contents

§ 140

(1) If the persecuted person is deceased prior to the entry into force of this law, he or she shall be entitled to the shall only be hereditary, if the heir's spouse is a spouse of the person being persecuted or, in the case of the legal succession, it would belong to the heirs of the first or second order. Sentence 1 shall apply in the cases of § § 104, 127 (2) and § 134 (2).(2) The entitlement to the current pension shall not be transferable or hereditary.(3) The right to the sum of the backward pension amounts is only hereditary before the establishment or before the final judicial decision has been made, if the heir's spouse is a spouse of the person being persecuted or, in the case of the legal succession, to the heirs of the first or second order.(4) In the cases referred to in paragraphs 1 and 3, Section 13 (3) shall apply.(5) The right to a loan and the right to receive aid for damage in education are neither transferable nor hereditary.

Achter Title
Immediate relief for returnees

Non-official Table of Contents

§ 141

(1) The persecuted German citizenship or German ethnicity, which is in the period of 30 years. January 1933 to 8. It was expelled, deported or expelled from the persecution grounds of § 1 and his last residence or permanent residence in the territory of the Reich on the basis of the Stande of 31. December 1937, or in the area of the Free City of Gdansk, is entitled to an emergency aid of 6,000 Deutsche Mark if, after the end of the Nazi tyranny, he or she resided or stayed in the The scope of this Act has been or is taken; Section 4 (3) shall apply mutatily. The spouse and the descendants of the person who has been persecuted shall have the right to emergency aid under the conditions set out in sentence 1, even if they themselves are not persecuted but have been affected by the persecution.(2) In the case of persecuted persons who have their last place of residence or permanent residence in the territory of the Reich, according to the state of the art of 31. As a deportation within the meaning of this provision, the transfer to a concentration camp outside the territory of this area shall also be deemed to be a deportation. In the case of persecuted persons who have had their last residence or permanent residence in the area of the Free City of Gdansk, the deportation also applies to a transfer to a territory outside the territory of the Reich, according to the state of the 31. In December 1937 and outside the area of the Free City of Gdansk, concentration camps.(3) The claim referred to in paragraph 1 also has the persecuted German ethnicity, which is in the period of 30 years. September 1938 to 8. It was expelled or expelled from the grounds of persecution of § 1 and his last residence or permanent residence in one of the German Reich after 30 May 1945. The territory, including the former Protectorate of Bohemia and Moravia, has been in the territory of September 1938 if, after the end of the Nazi tyrannical rule, he or she is resident or resident in the territory covered by this Law has taken or is taking. The claim shall be made only if the person persecuted at the time of the decision has German citizenship. The second sentence of paragraph 1 shall be applicable.(4) The right to emergency aid shall be waived if the person pursuing his residence or permanent residence within the scope of this Act has again given up before the decision on the right to emergency aid. This shall apply mutatily to the cases referred to in the second sentence of paragraph 1.(5) Emergency aid is to be offset in half with compensation for damage to property and for damage to assets.(6) The right to emergency aid in the amount of 3,000 Deutsche Mark has the persecuted person who has been deprived of the freedom for at least three years and who has the German nationality at the time of deprivation of liberty. Paragraph 4 shall apply mutatily. The claim shall not exist if the person being persecuted is entitled to emergency aid in accordance with paragraph 1 or 3.(7) The right to the emergency aid is neither transferable nor hereditary before the determination or before the final judicial decision.

Neunder Title
Health care

Table of Contents unofficial

§ 141a

(1) The persecuted who is entitled to a pension for damage to life or for damage to body or health or has been set for emergency aid by decision, settlement or final judicial decision, has the right to health care for non-prosecutive suffering. The claim shall only exist as long as the persecuted person has his residence or permanent residence within the scope of this Act.(2) The person being persecuted (paragraph 1) shall be entitled to health care also for the spouse and for the children, as long as they are to be provided for in the period up to 31 years of age. It may be possible to grant children's allowances in force in December 1974 if they are living with or are predominantly entertained by him in the home community. The second sentence of paragraph 1 shall apply mutatily.(3) The claim referred to in paragraphs 1 and 2 shall be excluded,
1.
to the extent that an appropriate claim against a social security institution,
2.
to the extent that a corresponding claim from a contract (other than claims from a private sick person) or accident insurance),
3.
if the income of the person being persecuted exceeds the annual earnings limit applicable to the statutory health insurance obligation; in the case of paragraph 2, the claim shall also be excluded if the income of the spouse or of the child exceeds this annual earnings limit.
(4) The claim referred to in paragraphs 1 and 2 shall not be transferable or hereditary. Nonofficial table of contents

§ 141b

- unofficial Table of Contents

§ 141c

(1) The health care coverage includes
1.
Early detection measures of diseases,
2.
medical and dental treatment,
3.
hospital care,
4.
Health care, dressing, cures, and eyewear,
5.
Body replacepieces, orthopedic and other tools,
6.
Costs for the cost of dentures and Dental crowns or assumption of total cost,
7.
Home nursing,
8.
Travel expenses.
(2) The persecuted person is exempt from the obligation to take care of a doctor's, association and remedy, as well as in the use of hospital care. to be paid a certain amount.(3) The provisions of the statutory health insurance scheme shall apply to health care.(4) If, before the right to a pension for damage to life, for damage to the body or health or the right to emergency aid, expenses for the health care referred to in paragraph 1 have arisen to the person who has been persecuted, he shall bear the costs of the sickness insurance scheme. to reimburse the necessary treatment to an appropriate extent. The same shall apply if the person being persecuted, who has a claim in accordance with § 29 No. 1, has made expenses for health care and subsequently shows that the health care was not necessary for the suffering caused by the persecution. Section 141a (4) is applicable.

Tenth title:
Meeting of claims for compensation for damage to life, damage to body or health and damage in professional progress

1.
coincidence of two claims

unofficial table of contents

§ 141d 

(1) If the survivor's survivor's claim to compensation for loss of life is entitled to compensation for damage to the body or health, the monthly amount of such compensation shall be paid to the person concerned in the assessment of the damage to the person concerned. 100% of the pension for damage to life in accordance with § 18 para. 2. This shall apply analogously to the calculation of the capital compensation pursuant to § 25.(2) If, in addition to the right to compensation for damage to life, the survivor of a persecuted person is entitled to a pension for damage to professional progress, the first sentence of paragraph 1 shall apply, unless the provisions of paragraphs 3 and 4 have been made other than that.(3) If, in the cases referred to in paragraph 2, there is a claim to the monthly minimum amount of the pension pursuant to Article 95 (2), (3), the amount of the percentage of the pension for damage to life according to § 18 para. 2 shall only be the amount of the amount of the pension calculated in accordance with § 93 Pension taken into account. The monthly amount of the pension thus calculated for damage to life is credited in accordance with Section 95 (3).(4) If the survivor's survivor's entitlement to compensation for loss of life is entitled to a pension for damage in the professional advancement according to § § 85, 85a, 86 or § § 97, 97a, 98, he shall receive the higher pension at full height and 25 of the pension One hundred of the lower pension. Non-official table of contents

§ 141e

(1) If the person persecuted for the same period of compensation is entitled to a pension and to a capital compensation for Damage to the body or health and entitlement to compensation for capital or to a pension for damage in professional progress, he shall receive compensation for the damage to which the higher claim is based, in full amount and 25 of the hundred of the Compensation for the damage on which the lower claim is based. In this respect, § 31 (3), (4) and § 95 (3) shall be disregarded.(2) In the assessment of the claim for damage in professional progress, it is not possible to consider that the persecuted person was, or is not fully capable of performing, because of the damage to the body or health.(3) If the person persecuted pursuant to section 83 (3) is entitled to compensation for the period before the 1. November 1953, this compensation is to be offset only with the capital compensation for damage to body or health, which is due to the time of 1. November 1952 to 31. October 1953.(4) Paragraphs 1 to 3 shall not apply in the cases of § § 115 to 119.(5) Paragraph 1 shall apply mutagenously if the person persecuted for the same period of compensation is entitled to a pension and to capital compensation for damage to the body or health and entitlement to a pension for damage in the course of professional advancement in accordance with § § § § § § § § § § § § § § § § 85, 85a, 86, or § § 97, 97a, 98. If the person persecuted pursuant to section 86 (3) or § 98 is entitled to compensation in the amount of the pension benefits of one year, such compensation shall be offset only with the compensation of the capital or pension for damage to the body or health which is to the extent to which the person concerned is entitled to compensation. The beginning of the pension payment according to § 86 or § 98 preceding year is no longer necessary. Non-official table of contents

§ 141f

If the persecuted pension is entitled to a pension for damages in the professional advancement according to § 81 or § 93 and claim to Pension for damage in the professional advancement according to § § 85, 85a, 86 or § § 97, 97a, 98, the pension according to § 81 or § 93 is credited to the pension in accordance with § 85 para. 2 sentence 2. In this respect, § 95 (3) and § 97 (2) shall not be taken into consideration; this shall also apply if no reduction in the pension is obtained in the application of Section 85 (2).

2.
Meeting of three claims

unofficial table of contents

§ 141g

has the survivor's survivor's survivor's claim of compensation for damage to life Entitlement to compensation for damage to the body or health and for damage in the professional advancement, the latter claims shall be calculated in accordance with § 141e (1) to (3). The monthly amount of the higher of the two claims shall be taken into account in the calculation of the percentage of the pension for damage to life in accordance with section 18 (2). This shall apply analogously to the calculation of the capital compensation pursuant to § 25. Non-official table of contents

§ 141h

(1) Has the persecuted right to a pension for damage in the professional advancement pursuant to § § 85, 85a, 86 or § § 97, 97a, 98 and claims for compensation for damage to life as well as for damage to body or health, the latter claims shall be calculated in accordance with section 141d (1) and the first claim shall be 25 of the hundred to be fixed.(2) If the persecuted right to a pension for damage in the professional advancement pursuant to § § 85, 85a, 86 or § § 97, 97a, 98 and claims for compensation for damage in the professional advancement as well as for damage to life, the first-mentioned claims are in accordance with § 141f. The resulting monthly total of both claims shall be taken into account in the calculation of the percentage of the pension for damage to life in accordance with § 18 (2).(3) If the persecuted right to a pension for damage in the professional advancement according to § § 85, 85a, 86 or § § 97, 97a, 98 and claims for compensation for damage in the professional advancement as well as for damage to body or health, so are the shall be calculated in accordance with § 141f. From the subsequent monthly total of both claims and the monthly amount of the claim for damage to the body or health, it receives the higher amount in full and 25 from the hundred of the lower amount. In this respect, § 31 (3), (4) shall be disregarded. Section 141e para. 3, 5 sentence 2 shall apply accordingly.(4) In the cases referred to in paragraph 1, Section 85 (2), second sentence, shall be disregarded in that regard.

3.
Meeting of four claims

A non-official table of contents

§ 141i

The persecuted person in addition to claims for compensation for damage to life, damage to body or health, and damage in professional progress the right to a pension for damage in the course of professional advancement in accordance with § § 85, 85a, 86 or § § 97, 97a, 98, this claim is not required. The first-mentioned claims shall be calculated in accordance with § 141g.

4.
Applicability in the cases of § § 41, 41a, 110, 112, 114 and 114a

unofficial table of contents

§ 141k

In the cases of § § 41, 41a, 110, 112, 114 and 114a, § § 141d to 141i are applicable.

Third Party Section
Special provisions for legal entities, institutions or associations of persons

Non-official table of contents

§ 142 

(1) A legal person, institution or association of persons (non-rights-capable association, non-legal trading company) is entitled to compensation if it has been damaged by national-socialist violence.(2) If any of the legal persons, institutions or associations of persons referred to in paragraph 1 no longer exist and does not comply with any legal successor, the right to compensation may be provided by that legal person, institution or body Persons ' association, which, according to its constitution, purpose, composition or organisational position, and after its actual operation, is to be regarded as an expedited purpose. For the purposes of the first sentence of sentence 1, legal successor is also a successor organisation established on the basis of provisions pursuant to § 51 of the provisions of the provisions of the provisions of the provisions of the provisions of the provisions Non-official table of contents

§ 143

(1) The claim for compensation is only if the legal person, institution or group of persons
1.
on 31.
2)
2.
2.
2.
before 31 December 1952. 1 December 1952 for the reasons of persecution of § 1, its registered office or its administration from the territory of the Reich, according to the state of the age of 31.
2.a legal person, institution or association of persons no longer exists, the right to compensation shall be granted only if the legal person, institution or association of persons is entitled to compensation if he/she is established or not. Place of administration in the Reichsgebiet according to the state of the 31. In December 1937, or in the area of the Free City of Gdansk, the seat or place of administration of a right-or-purpose successor on 31 December 1937 may have had its seat or place of administration. It was found in the scope of this Act in December 1952. Non-official table of contents

§ 144

The right to compensation does not exist if it is likely to be assumed that the legal entity The person, institution or association of persons or their legal or special purpose successor under the present constitution, purpose, composition, organisational position or actual activity would not have been pursued. Unofficial table of contents

§ 145

(1) A legal person, institution or association of persons is excluded from the compensation if it is according to their constitution, purpose, composition, organizational position or actual activity,
1.
nationalsocialist tyrannity encouraged;
2.
after 23.
(2) The right to compensation shall be affected if, after the determination or final judicial decision has been made, the reason for the exclusion of the Paragraph 1, point 2. The benefits which have been effected after the occurrence of the effect of the action can be reclaimed.(3) Paragraphs 1 and 2 shall apply to the right or purpose successor to a legal person, institution or association of persons. Non-official table of contents

§ 146

(1) The right to compensation is only for damage to property and for damage to assets and only to the extent that when the damage has occurred within the scope of this law. In the case of non-fictiable trading companies whose full members have been natural persons at the time of the prosecution, the right to compensation shall also be the right to compensation if the damage to property or property in the territory of the Reich has been State of the 31 December 1937, or in the area of the Free City of Gdańsk.(2) Communities which are recognised by or are recognised by institutions of religious societies and whose members have committed themselves to acquire, through their work, not for themselves but for the Community, may, as a loss of property, also be able to: the damage suffered by the Community as a result of the failure of the work of its dependants. If the Community has received compensation in accordance with the first sentence, the Community's nationals shall be entitled to do so for the purpose of continuing to work for a work carried out by the Community in respect of the Community.(3) Compensation shall not be paid for loss of contributions, donations and similar income. Unofficial table of contents

§ 147

Has a legal entity, an institution or an association of persons, or its legal or purpose successor in accordance with the Legislation governing the transfer of organisational assets shall be subject to the right to compensation only in so far as the damage is not compensated for by such benefits. Non-official table of contents

§ 148

(1) The maximum amounts of § 55 (1) and § 58 shall also apply to the claims of a legal person, institution or association of persons or their legal or expedited persons.(2) The maximum amounts of § 55 (1) and (58) for each individual property, for which a claim for compensation is due, shall apply for the benefit of persecuted religious companies and their institutions or their legal successor or purpose. Damage to property or damage to assets. In the case of section 146 (2), the maximum amount of § 58 shall apply to the total loss incurred by the individual legal entity.(3) The maximum amount may be exceeded in so far as this is necessary for the performance of the duties of the religious companies or their bodies or their legal or expedited successor in the scope of this Act. The fact that the conditions for exceeding the maximum amount are met shall be claimed by the religious companies or their bodies or their legal or expedited bodies; the amount exceeding the maximum amount shall be the sum of the maximum amount. Religious societies or their institutions or their legal or purpose successor. Section 142 (2), second sentence, shall not apply.(4) § 55 (2) shall apply. Non-official table of contents

§ 148a

(1) A national-socialist act of violence has damaged the property or property of the property. Legal person, institution or association of persons, or their legal or purpose successor, non-profit-making within the meaning of the Community regulation, may, upon request, be subject to a reduction in the degree of hardship resulting from § § 142 to 148 Compensation shall be granted in so far as this is necessary for the performance of their duties.(2) Applications for the granting of a hardship compensation in accordance with paragraph 1 shall be up to 31 December 2008. December 1965.(3) A special fund of 10 million Deutsche Mark, which is administered by the State of Baden-Württemberg, shall be established for the granting of the hardness compensation.

Fourth Section
Special Groups of Persecuted

First Title
Principle

Non-tampered Table of Contents

§ 149 

Complying with the conditions set out in § 4 do not comply with the conditions set out in the Geneva Convention and the stateless persons and refugees in accordance with the Geneva Convention and the survivors of such persecuted persons, they shall have a nature and scope restricted entitlement to compensation.

Second Title
Persecuted from the Vertfriction Areas

A non-official table of contents

§ 150

(1) The persecuted German language and culture persecutor has the right to compensation for damage to the Body or health, for damage to freedom, for damage by payment of special charges and for damage in professional progress.(2) The claim referred to in paragraph 1 shall exist if the person being persecuted has finally left the territories mentioned in Section 1 (2) (3) of the Federal Displaced Persons Act (Bundesvertriebenengesetz) upon the entry into force of this Act3 (3) (1) and (2) shall apply mutatily to the spouse of the person who has been persecuted, provided that the marriage has been concluded before leaving the territories referred to in paragraph 2.(4) The survivors of a persecuted person who is one of the categories of persons referred to in paragraphs 1 and 2 shall be entitled to compensation for damage to life. The claim shall also exist if the survivor belongs to the group of persons referred to in paragraphs 1 and 2.

Footnote

§ 150 para. 2: In accordance with the decision formula with Art. 20 GG, incompatible with the provisions of Article 20 GG. Niche. BVerfGE v. 23.3.1971 I 827-2 BvL 2/66 u. a. - Non-official table of contents

§ 151

Compensation for damage to body or health is provided in accordance with § § 28 to 40. Non-official table of contents

§ 152

Compensation for damage to freedom shall be provided in accordance with § § 43 to 50. Non-official table of contents

§ 153

(1) Compensation for damage by payment of special charges is provided in accordance with § § 59, 60. The prerequisite is that the person persecuted before the 1. In August 1945, the territories mentioned in Section 1 (2) No. 3 of the Federal Displaced Persons Act (Bundesvertriebenengesetz) have finally left.(2) The amounts paid for special levies shall be taken into account up to a maximum of 150,000 Reichsmark. The determined Reichsmark amount is converted into Deutsche Mark in a ratio of 100:6.5.(3) The claim is only hereditary before the establishment or before the final judicial decision is made, if the heir's spouse is a spouse of the persecuted person or, in the case of the legal succession, would belong to the heirs of the first or second order. Section 13 (3) shall apply accordingly. Non-official table of contents

§ 154

(1) The compensation for damage in the professional advancement shall be subject to the conditions laid down in § § 64 to 66, 87, 88, 110, 112, 114, 114a. In the case of § 110, compensation shall be made if the persecuted person is not entitled to an ongoing remuneration in accordance with § 21a of the law governing the restitution of national-socialist injustice for members of the public service.(2) The condition for the claim referred to in paragraph 1 shall be that the person persecuted before the 1. In August 1945, the territories mentioned in Section 1 (2) No. 3 of the Federal Displaced Persons Act (Bundesvertriebenengesetz) have finally left.(3) The compensation shall consist of a capital compensation or a pension. Non-official table of contents

§ 155

The capital compensation is 10,000 Deutsche Mark. Non-official table of contents

§ 156

(1) The persecuted person may choose to retire instead of the capital allowance. A condition for the right to vote is that the person persecuted at the time of the decision shall be 65. In the case of women, it has completed a life year or is not able to work more than 50 of the hundred in his/her profession; in the case of women, it is replaced by the 65. the 60. Year of life.(2) § § 84 and 84a shall apply accordingly.(3) The monthly amount of the pension is 200 Deutsche Mark, from 1. January 1961 250 Deutsche Mark. Non-official table of contents

§ 157

(1) If the person who has been persecuted is the person who has been subject to legal or legal recognition of the pension and after the exercise has been carried out of the electoral law, the widow shall be entitled to a pension. In the case of remarriage or death of the widow, the right to a pension shall be entitled to the children, as long as they are entitled to a pension after the date of the 31. It may be granted to the public authorities in December 1974.(2) The monthly amount of the pension is for the widow or, in the case of the first sentence of paragraph 1, for the children a total of 150 Deutsche Mark, from 1. January 1961 190 Deutsche Mark. If only one child is present, the monthly amount of the pension is 75 Deutsche Mark, from 1. January 1961 95 Deutsche Mark.(3) The claim referred to in paragraphs 1 and 2 shall not apply if the marriage is after the 29. It was concluded in June 1956.(4) Paragraphs 1 to 3 shall apply mutatily to the widower under the conditions laid down in § 17 (1) no. 2. Non-official table of contents

§ 157a

(1) Is the persecuted subject to the exercise of the right to vote, but before being fixed or legally enforceable. If the pension is passed away and before his death the conditions for the right to vote of the pension according to § 156, para. 1 are met, the widow, if she herself is a persecuted person or was involved in the persecution, until her remarriage and the children, as long as they are after the 31. On the basis of the Staff Regulations, the right to a pension may be granted in respect of the right of civil servants to be granted in December 1974. The claim does not exist if the marriage is after the 29. It was concluded in June 1956.(2) § 157 (2) to (4) shall apply.(3) Where benefits have already been effected on the claim of the person being persecuted for damage in the professional progress, they shall be charged to the full pension. This shall also apply if these services have been effected to a third party. Non-official table of contents

§ 158

For the inheritance and transferability of the claim for compensation in accordance with § § 154 to 157a, § 140 (1) Up to 4 corresponding applications. Non-official table of contents

§ 159

The compensation for damage to life is provided in accordance with § § 15 to 26, 41. The right to the capital compensation shall consist only of the time of 1. January 1949. Non-official table of contents

§ 159a

The claim for compensation in accordance with § § 150 to 159 is hereditary if the persecuted person is after 1.

Third Title
Stateless persons and refugees within the meaning of the Geneva Convention and after the final departure of the territories mentioned in Section 1, Section 2, No. 3 of the Federal Exalted Act. Convention

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§ 160

(1) The persecuted person who is a stateless person upon the entry into force of this law. refugee within the meaning of the Geneva Convention of 28 The right to compensation for damage to the body or to compensation for damage to the body or to compensation for damage to the body or to compensation for damage to the body, or to any state or intergovernmental organization, is subject to continuous supervision of the damage suffered by grants or by capital settlement. Health and for damage to freedom.(2) The claim referred to in paragraph 1 shall also be entitled to the person who has acquired a new nationality as a stateless person or a refugee within the meaning of the Geneva Convention after the end of the persecution.(3) The survivors of a persecuted person who was part of the group of persons referred to in paragraphs 1 and 2 shall be entitled to compensation for damage to life. The claim shall also exist where the surviving member belongs to the group of persons referred to in paragraphs 1 and 2.(4) As far as claims pursuant to § § 150 to 159a exist, it remains with this regulation. Non-official table of contents

§ 161

Compensation for damage to body or health shall be subject to the conditions laid down in § § 28, 29 No. 1 to 3, § § 30 to 37, 39. The right to the capital compensation shall consist only of the time of 1. January 1949. Non-official table of contents

§ 162

The compensation for damage to freedom is provided in accordance with § § 43 to 50. Non-official table of contents

§ 163

(1) Compensation for damage to life shall be subject to the conditions laid down in § § 15, 16 No. 1 and 3, § § 17 to 21, 24, 25 . The right to the capital compensation shall consist only of the time of 1. January 1949.(2) The entitlement to the current pension shall not be transferable or hereditary. The right to the sum of the backward pension amounts and to the financial compensation shall not be transferable or hereditary before the determination or before the final court decision. Non-official table of contents

§ 164

(1) The persecuted person who belongs to the group of persons referred to in § 160 (1) and (2) and at the date of entry into force of this The law is a national of a state which receives compensation for integration costs from the Federal Republic of Germany, only has the right to compensation for damage to freedom.(2) The survivors, who belong to the group of persons referred to in § 160 (3) and who, upon the entry into force of this Act, are a national of a State which receives compensation for integration costs from the Federal Republic of Germany, is entitled to Compensation for damage to life in accordance with § 163. Non-official table of contents

§ 165

(1) The compensation granted to the persecuted person in connection with his or her assets and other assets If there is no income to cover the life of the person, he/she shall be entitled to a reasonable degree of compensation.(2) Paragraph 1 shall also apply where the person persecuted belongs to a group of persons for which funds with a particular purpose are otherwise provided for. Non-official table of contents

§ 166

§ § 160 to 165 are to be found on stateless persons who, according to Article 1 F of the Geneva Convention, are recognized as Refugees would be excluded, no application.

Fourth Title
Common Rules

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§ 166a

Meeting claims for compensation for damage to life, damage to body or health, and damage in professional progress, can be found in § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 141d to 141k corresponding application. Non-official table of contents

§ 166b

The Federal Government is authorized to apply the amounts of the pension amounts pursuant to Section 156 (3), section 157 (2) by means of a decree law. if the salaries and pensions of the federal civil servants increase due to legal regulations. Non-official table of contents

§ 166c

The regulations of § § 149 to 166 do not apply to persecuted persons who are nationals of a state or were, at the expense of which the Federal Republic of Germany contributes to the financial expenses of victims of the National Socialist persecution, in the form of express participation, in the form of a special contract, unless the person persecuted

Section

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§ § 167 and 168 (omitted)

-

sixth section
satisfaction of compensation claims

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§ 169

(1) The claims to be met by cash benefits should be made no later than the end of the 1969 accounting year shall be fixed. The claims are due immediately.(2) compensation for capital which has not been fixed until the end of the 1969 financial year and the sum of the amounts of pensions accrued up to that date and not yet fixed shall be as of 1. January 1970 until the date of the award of the claim. For claims that only after the 1. However, a claim for interest is not made until after the end of a year. The annual period shall begin with the end of the calendar quarter in which the claim is made. Sentences 2 and 3 shall apply mutagenly to the exercise of the choice of pensions in the event of damage in the course of professional progress.(3) The surcharge referred to in paragraph 2 shall be one of the hundred for each quarter of the year. The assertion of a default damage is excluded.(4) The claim for interest may be wholly or partly failed if the applicant or his authorised representative appears to have been responsible for the late recognition of the claim. Non-official table of contents

§ 169a

In the cases of § 13 para. 3, the compensation authority may pay compensation to the non-excluded heirs is paying off with a liberating effect. The same applies in the cases of § 26 para. 2, § 39 para. 2, § 46 para. 2, § § 50, 140 para. 1 and 3, § 153 para. 3 as well as § § 158, 161 and 162. Non-official table of contents

§ 170

(1) Advances can only be granted if a claim is made credible by reason of a particular damage and the provision of an advance for the elimination of an emergency is necessary. Advances may also be granted for other important reasons, which make an advance as cheap. The advance may be a one-off benefit or a temporary running aid.(2) The advance is to be calculated on the basis of the pre-paid claim. If this is not possible, the advance can also be credited to other claims or reclaimed.

Seventh section
Hardship compensation

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§ 171

(1) For the alleviation of hardship, persons who fulfil the requirements of § § 4 or 150 and whose damage to the persecution grounds of § 1 , provided that it is not otherwise provided for funds with a particular purpose, to compensate for the hardship of the Fund. Eligible benefits are aid for the livelihood, the implementation of a healing process, the procurement of household goods, the establishment of a livelihood, and vocational training. Loans can also be provided to raise housing within the scope of this law and to build up a business. As a general rule, the benefits shall not exceed the maximum amounts laid down in this Law. The maximum amount of the loan to raise the housing space is 5,000 Deutsche Mark.(2) A hardship compensation in accordance with paragraph 1 may also be granted,
a)
if the probability of the the causal relationship between damage to body or health and the persecution is not to be established because of the cause of suffering in the medical science of uncertainty;
b)
in favor of persecuted persons who are in professional progress because of a damage done outside the realm of the Reich, according to the state of the 31. December 1937, or of the area of the Free City of Gdansk, are not eligible, provided that they are
aa)
at the time of the decision to have German citizenship or
bb)
the requirements of the § 4 and 1.
c)
c)
in favour of persecuted persons who are subject to the conditions of § § § § § § § § § § § § § § § § § § § § § § § § § § § § 150, 154, and their last residence or permanent residence in one of the German Reich after the 30. (3) A hardship compensation in accordance with paragraph 1 may also be granted to persons who have suffered damage as a result of the damage suffered by the former protectorate of Bohemia and Moravia.
(3) They have suffered that their pension scheme has been disbanded by national-socialist violence if they are in a state of emergency as a result of such damage. The Federal Government is empowered to determine, by means of a decree law, which utilities are to be regarded as being dissolved by National Socialist violence.(4) A hardship compensation can also be granted
1.
injured parties without prior procedure in accordance with the Law on the Prevention of Hereditary Diseases of the 14. July 1933 (Reichsgesetzbl. 529);
2.
dependant survivors of persons who are victims of euthanasia under the Nazi tyrannical tyrannship
() In special cases, benefits may also be granted to recognised charitable organisations, or to the provision of a shall be granted to entities operating in a charitable situation where it appears necessary for the establishment or maintenance of charitable bodies in favour of persecuted persons. This does not apply to organizations or charitable entities for which special purpose funds are otherwise provided.

Eighth section
Distribution of the compensation burden

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§ 172

(1) The states of Baden-Württemberg, Bavaria, Bremen, Hamburg, Hessen, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein are to be paid compensation expenses as of 1. In April 1956, half of these countries were supported by the Federal Government and the whole of these countries. The compensation expenditure to be paid by the Land of Berlin will be 1. April 1956 to 60 of the hundred of the covenant, to 25 of the hundred of the totality of the countries designated in the first sentence, and to 15 of a hundred carried by the Land Berlin.(2) The countries referred to in the first sentence of paragraph 1 shall bring their total shares to be borne in accordance with paragraph 1, in proportion to the costs of compensation according to the ratio of their number of inhabitants. To the extent that the compensation expenses of individual countries exceed the proportion of them falling within them, the Federal Government shall reimburse those countries the difference; in so far as the compensation expenses of individual countries fall within the proportion of the compensation paid to them. (3) Compensation costs are the compensation expenses after deduction of the related revenue.(4) The Federal Ministry of Finance shall, in accordance with the provisions of paragraphs 1 and 2, determine, on the basis of estimates, the amount of the provisional credit transfers and, on the basis of the results of the accounts, the amount of the final credit transfers and the amount of the provisional Referral procedures by means of legal regulation. Section 7 (1), first sentence, of the Land Finance Equalization Act of 27. April 1955 (Bundesgesetzbl. 199) and § 6 of the Fourth Transfer Act of 27. April 1955 (Bundesgesetzbl. I p. 189) apply accordingly.

Footnote

§ 172 (4) sentence 2 italic print: See now § 9 para. 1 G v. 28.8.1969 603-9

Neunter section
Compensation bodies and procedures

First Title
Compensation bodies

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§ 173

Compensation governing bodies are
1.
the compensation authorities of the countries,
2.
the compensation courts.
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§ 174

The compensation procedure is divided into
1.
the procedure with the compensation authorities,
2.
the proceedings before the compensation courts, if the procedure has not been found in the compensation authorities.

Second Title
Common Rules of Procedure

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§ 175

(1) The decisions to be taken in accordance with this Act shall be the responsibility of the compensation bodies.(2) The competent supreme authority shall decide on the granting of the authorisations, authorisations, reference rights and immunities in accordance with § § 67, 115 (2).(3) In the case referred to in paragraph 2, the compensation bodies shall have to decide only on the conditions of the claim under this Act. This decision shall be binding on the competent supreme authority and the administrative courts. If it is disputed whether the conditions laid down in this Act are fulfilled and the decision of the competent supreme authority or the administrative courts is dependent on the above, the procedure shall be until the decision of the competent authority or administrative court has been taken. Compensation bodies shall be suspended.(4) The institution of the statutory health insurance shall decide whether the conditions for the right to health care pursuant to § 141a and the claims for reimbursement pursuant to § 141c (4) are fulfilled. Moreover, the procedure is determined in accordance with § § 227a to 227d. Non-official table of contents

§ 175a

Has an authority that is responsible for claims under Section 5 (1) or a court that is responsible for claims pursuant to § 5 (1) of the (1), in a decision which is no longer applicable, one of the special provisions referred to in Article 5 (1), because of the legal nature of the claim, is declared to be applicable or not to be applicable, the compensation bodies shall be attached to: This assessment shall be binding. If the right to compensation had been rejected by an indisputable decision or a final court decision, the compensation authority shall, at the request of the applicant, be obliged to notify a new decision on the right to Compensation to be issued. The legal force of a court decision shall not be contrary to this. Non-official table of contents

§ 176

(1) The compensation bodies must, on their own account, determine all the facts that are significant for the decision, and to collect all the necessary evidence.(2) Where evidence of a fact is not fully provided as a result of the situation in which the applicant has been subject to violent National Socialist measures, the compensation bodies may, in the light of all the circumstances, be satisfied with the facts in favour of the applicant. Likewise, where documents have been lost, witnesses have died or are untraceable, or if the testimony of the applicant or a witness is associated with difficulties which are disproportionate to the meaning of the statement, the following shall be considered: . Non-official table of contents

§ 177

comparisons are allowed. Non-official table of contents

§ 177a

A performance reservation is allowed if a compensation claim in its stock or at its level of It may be dependent on circumstances which are still uncertain or which may change in the future. Non-official table of contents

§ 178

The eligibility for entitlement under this Act or the further national law within the meaning of Section 228 (2) is a recognition as a persecutor based on national law is not necessary. The decision of the authorities responsible for recognition shall not be binding on the compensation bodies. Non-official table of contents

§ 179

(1) The compensation process is to be performed with special acceleration.(2) Claims of applicants who are over 60 years old or in need or by illness or by infirmity in their earning capacity by at least 50 of the hundred are to be treated with priority over all other claims. Non-official table of contents

§ 180

(1) Has the persecuted one of his last known stay in the territory of the Reich, according to the state of the 31. He has been staying in the area of the Free City of Gdansk in December 1937, or in a territory dominated or occupied by the German Reich or its allies, and has been staying since the 8th. May 1945 unknown, it is presumed that he was 8. May 1945, unless another date of death has already been established in accordance with the law of conspiraction or under other legislation.(2) Under the conditions laid down in paragraph 1, the compensation procedure may be different from that of the 8. May 1945 be determined if, in the circumstances of the individual case, without any further investigation, another date of death is probable. Non-official table of contents

§ 181

(1) The compensation procedure is to be waited from the submission of a certificate of inheritance if the inheritance rights are is also verifiable without the submission of a certificate of inheritance.(2) If the compensation bodies request the submission of a certificate of inheritance, the succession court shall, at the request of the heir, grant a certificate of inheritance for the claim for compensation; in so doing, the succession court shall not have to examine whether the heir pursuant to that law shall be entitled to compensation. The certificate of inheritance shall indicate whether the heir's spouse or whether and how he was related to him. The presumption of death of § 180 (1) or, if another date of death has been established in the compensation proceedings pursuant to § 180 (2), is the determining factor for the issuing of such a certificate of inheritance.(3) The granting of the certificate of inheritance for the claim for compensation, including the previous procedure, is free of charge and non-levies. This does not apply to the acceptance of the oath insurance in accordance with § 2356 (2) of the Civil Code. Non-official table of contents

§ 182

(1) In the regulation of claims for compensation for damage to insurance outside the Social security insurance institutions shall be obliged to participate in the insurance institutions at the request of the compensation bodies; they shall, in particular, undertake the necessary calculations and, in writing or orally, from books or files. Information to be provided.(2) The compensation bodies shall, when deciding on the claim for compensation, consult the competent insurance supervisory authority on the calculations and information provided by the insurance institutions involved.(3) The insurance bodies shall be reimbursed the necessary costs incurred by them through their participation in accordance with paragraph 1, in accordance with flat rates established by the Federal Ministry of Economics and Technology by means of a regulation of the law; the Federal Ministry of Economics and Technology can further transfer this authorisation. Non-official table of contents

§ 183

Persons who have their residence or permanent residence abroad, formerly at a German court as a The attorney-at-law has been admitted and the admission of which has been granted for the reasons of persecution of § 1, are in legal matters governed by this law, for advice and representation in the proceedings with the compensation authorities and before the Court of First Instance's compensation courts. Section 157 (2) of the Code of Civil Procedure does not apply.

Third Title
Compensation Authorities

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§ 184

(1) The state governments regulate the establishment of the compensation authorities and the administrative procedure with these authorities. Rules on the establishment of the compensation authorities in accordance with national law and on the administrative procedures of those authorities shall be similar to those laid down in this Act.(2) The compensation authorities shall be subject to the instructions of a supreme state authority. Non-official table of contents

§ 185

(1) The compensation authorities are in favour of the notification and, without prejudice to § 175 (2) and (4), for the decision of the claims under this Act.(2) Local authority is
1.
the compensation authorities of the country in which the person persecuted on the 31. 1 (1) (a);
2.
In the alternative: if the person persecuted before the 31 December 1952. He died in December 1952, the compensation authorities of the country in which he had his last place of residence or permanent residence (§ 4 (1) (1) (b));
3.
auxiliary: if the persecuted before the 31. 4 (1) (c) and his last residence or permanent residence has had
a)
in a country within the scope of this law,
the compensation authorities of this country
b)
in the territory of the Soviet-occupied zone Germany,
the compensation authorities of the State of Lower Saxony
c)
in the Soviet-occupied sector of Berlin,
the compensation authorities of the state of Berlin,
d)
in Vertfriction areas within the borders of the German Reich, according to the Stande of 31. December 1937 and in the area of the Free City of Gdansk for persons with permanent residence or permanent residence in European countries,
the compensation authorities of the state of North Rhine-Westphalia,
for persecuted residents or permanent residents in non-European countries,
the compensation authorities of the state of Rhineland-Pfalz;
4.
auxiliary: for the persecuted persons referred to in § 4 paragraph 1 (1) (d) to (g) the compensation authorities of the country in which the person persecuted after the 31. (c) for the first time in December 1952, he or she took his residence or permanent residence for the first time;
5.
In the alternative: for the persecuted persons referred to in § 4 (1) no. Compensation authorities in the country where the person persecuted on 1 January
(3) For the claims of a survivor, if the residence or permanent residence or, in the case of paragraph 2, the residence or residence of the survivors, the survivors of the survivors shall be subject to the following conditions: No 5 shall be the responsibility of the deceased person in accordance with paragraph 2, residence or permanent residence or, in the case of paragraph 2, point 5, of the residence of the surviving person. This applies analogously in the cases of § § 104, 119, 127 (2) and § 134 (2).(4) If, in the case of Section 4 (7), there is no jurisdiction in accordance with the above rules, the compensation authorities of the country in which the property is situated shall be responsible.(5) In the cases of § § 149 to 166a, the compensation authorities are responsible for
1.
of the country. North Rhine-Westphalia for applicants with permanent residence or permanent residence in European countries,
2.
of the State of Rhineland-Palatinate for applicants with residence or residence Permanent residence in non-European countries.
(6) If no responsibility is given under the above rules, the compensation authorities of the State of North Rhine-Westphalia are responsible.(7) The residence or permanent residence or, in the case of paragraph 2 (5), of the residence of the deceased person in whose person the right to compensation has been incurred shall be the decisive factor in the case of inherited rights. In the cases referred to in the second sentence of paragraph 3, the deceased person concerned shall be replaced by the person who has been deceased.(8) The permanent residence shall be based on a local competence only in the absence of a residence. Non-official table of contents

§ 186

§ 185 applies to legal entities, institutions or associations of persons, or their legal or purpose successor with the proviso that the place of residence shall be replaced by the place of residence and the place of residence shall be replaced by the place of residence. Non-official table of contents

§ 187

(1) The supreme compensation authorities of the countries are responsible for the approval of a hardship compensation.(2) Local authority is the supreme compensation authority of the country, whose compensation authorities are or would be competent pursuant to § § 185, 186 for the decision on the claims under this law.(3) Non-official table of contents

§ 188

The right to compensation is against the country, whose compensation authorities are competent pursuant to § § 185, 186 and, in the case of § 89, also against the employer. Non-official table of contents

§ 189

(1) Compensation is granted only on request. The application is up to 1. The competent compensation authority was to be held in April 1958. This period shall not apply in the cases of § § 141 and 171.(2) The application period shall also be deemed to have been respected if the application has been filed within the prescribed period with a competent authority for claims under this law, or if the claim has been made in court.(3) If the applicant was prevented from complying with the application deadline without his fault, he/she shall be granted reinstatation at the previous level upon request. If the compensation authority has expressly or tacitly granted re-establishment of rights in the previous stand, the compensation courts shall be bound by this decision. Non-official table of contents

§ 189a

(1) If an application for compensation pursuant to § 189 has been made legally effective, claims that are in the process of being filed may be subject to the following: have not been notified, nor up to 31. They are notified in December 1965.(2) From 1. A further claim can only be filed in January 1966 to the extent that the claim is based on facts which only after the 31. The report was adopted in December 1964. In such a case, the claim shall be notified within one year of the date of the occurrence of these facts. Section 189 (3) is applicable. Non-official table of contents

§ 189b

(1) If an application for compensation has been filed as a survivor in accordance with § 189 of the law, it shall keep the request for compensation. Request the time limit for the application of the inherited claims after the deceased persecuted, provided that the survivor is at the same time heir. The same shall apply if, pursuant to Section 189, the survivor has filed an application for his right to compensation as a survivor on account of the inherited claims after the deceased person has been persecuted.(2) Paragraph 1 shall apply in the case of section 189a (1). Non-official table of contents

§ 190

The application should contain
1.
Person and Economic Relationships Details,
2.
a representation of the claim
3.
Evidence of evidence,
4.
Information on the type and extent of evidence of the claim,
5.
a statement as to whether and where the applicant has previously submitted an application or filed a claim,
6.
a declaration of benefits in the course of compensation for victims of National Socialist persecution from German public funds or from one under civil law where a person liable for damages has been effected,
7.
a statement as to whether and to what success a refund procedure for one of the applicants or his or her Right-of-date prior to the withdrawal of assets belonging to the property.
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§ 190a

(1) If an application for compensation in accordance with section 189 has been made legally valid, but without the presentation of the facts on which the individual compensation claim is based, the information referred to in § 190 Nos. 1 to 4 must be provided in the event of avoidance of exclusion until the end of the period of time of the contract. 31. March 1967. Section 189 (3) does not apply.(2) Paragraph 1 shall apply in the cases of § § 189a and 189b. Non-official table of contents

§ 191

(1) Unless otherwise specified in this law or in the national legal provisions adopted pursuant to Section 184 (1) Deviating from this, the compensation authority § § 355ff applies for the payment of the proof. of the Code of Civil Procedure. An insult by the compensation authority shall not take place.(2) The compensation authority shall be entitled to estimate the amount of a damage in the appropriate application of Section 287 of the Code of Civil Procedure.(3) The compensation authority shall be responsible for legal and administrative assistance. Fees and expenses shall not be reimbursed to the extent that the legal and administrative assistance is provided in Germany.(4) The compensation authority may, in particular,
1.
the Public Prosecutor's Office or directly the -Request a police authority to investigate a state of persecution;
2.
the district court, in the district of which the applicant, a witness or an expert , in order to request the hearing of the applicant, the witness or the expert, specifying the facts and procedures to be the subject of the hearing;
3.
a foreign representation of the Federal Republic of Germany, in whose district the applicant, a witness or an expert is holding himself, for questioning the applicant, the witness or the -ask experts to indicate the facts and procedures to be the subject of the hearing;
4.
the criminal records authorities shall be unrestricted Information, including on the subject of tidied penalties.
(5) In the case referred to in paragraph 4 (2), the rules of the Code of Civil Procedure shall apply to proof by party hearing, the proof of witness, the evidence by experts and the evidence of the evidence. Procedures for the acceptance of oeids in a mutalogical way. Non-official table of contents

§ 192

(1) With the consent of the applicant, the compensation authority may be subject to public, non-profit-making and private hospitals, as well as hospitals of public bodies and social security institutions, medical documents, records, medical histories, examination and examination findings, as well as X-ray images to be viewed - The compensation authority shall ensure that the professional secrecy of the medical profession is respected.(2) Under the conditions set out in paragraph 1, the compensation authority may obtain information from private doctors who have treated or treated the person who has been persecuted, and shall be able to provide information and documentation for inspection. Non-official table of contents

§ 193

(1) The applicant and his authorized representative can inspect the files of the compensation authority. They can be used to produce excerpts and copies of them themselves or to have them reimbursed for reimbursement of costs.(2) For special reasons, the applicant may be denied access to the files or in parts of the file, as well as the manufacture or issue of extracts and copies.(3) Only lawyers shall have a right to be handed out the files. The sending of files or parts of files to areas outside the scope of this law does not take place. Non-official table of contents

§ 194

The compensation authority has a certified copy of the employer's employer pursuant to § 89. To submit an application and to hear the employer before the decision on the claim, the information provided by the applicant and the result of the investigation. Non-official table of contents

§ 195

(1) The compensation authority decides by decision. Partial modestals are allowed.(2) The communication must contain
1.
the name of the compensation authority,
2.
the decision formula, including any performance reservations,
3.
Note that lawsuit is filed , in so far as the claim has been rejected, and the instruction, in which form, within which period and in which court the action is to be brought,
4.
the date and the signature.
(3) The decision should contain
1.
the applicant's personnel details,
2.
the determination of the facts,
3.
the decision reasons.
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§ 196

(1) The Notification shall be notified to the applicant. If an authorised representative is appointed, the decision shall be notified to the authorized representative.(2) In the cases of § § 85a, 86 (2), § § 97a, 98 and 157a, the notice of the widow or widower shall be delivered even if these are not heirs. Non-official table of contents

§ 197

(1) deliveries are made in accordance with the regulations of the Administrative Appointing Act.(2) Where the delivery recipient does not fall within the scope of this Act, § § 184 of the Code of Civil Procedure shall also apply accordingly. Delivery can also be done with a postal return. Non-official table of contents

§ 197a

The date of the determination within the meaning of this Act shall be the date of the delivery of the person or of the Conclusion of the comparison in which the claim for compensation has been granted. Non-official table of contents

§ 198

(1) About the employer's obligation to grant the former or an equivalent job is to be decided by special communication.(2) The communication shall also be sent to the employer. Section 197 (1) shall apply. Non-official table of contents

§ 199

(1) If claims for damage in the professional progress have been granted, the right to vote has been granted. The compensation authority in the communication shall also determine the claim of the amount which can be chosen. In this case, only the amount of the capital compensation shall be paid which corresponds to the sum of the backward pension amounts at the time of the fixing and the compensation in accordance with Section 83 (3), § 86 (3) or § 98; the remaining amount of the pension Compensation for capital shall be paid if the person entitled to vote waived the right to vote or if the time limit for exercising the right to vote has expired without the person entitled to exercise the right to vote.(2) If a right to vote is not given, the compensation authority shall fix the capital compensation and, at the same time, declare in the communication that an electoral law is not given. This shall apply even if the person entitled to the pension has not yet chosen the pension. In this case, the payment of the capital compensation shall not be paid until the decision has become indisputable or if it has been determined by a final judgment that a right to choose a pension is not available.(3) Paragraph 1 shall not apply if the right to vote has already been exercised before a decision on the claim. Non-official table of contents

§ 200

(1) The compensation authority has to revoke a decision taken in favour of the applicant if: After the decision has been taken, it shall be established that there is a reason for the cause of an action pursuant to § 6 (3), section 145 (2).Paragraph 1 shall apply to comparisons which have been concluded in the case of the compensation authorities. Non-official table of contents

§ 201

(1) The compensation authority may revoke a decision taken in favour of the applicant if: After the decision has been taken, it shall be established that there is a reason for a withdrawal in accordance with § 7 (2).Paragraph 1 shall apply to comparisons which have been concluded in the case of the compensation authorities. Non-official table of contents

§ 202

A reservation of performance that is contained in a decision made in favor of the applicant can also be If the conditions of § § 200, 201 are not fulfilled. The reservation of performance shall be asserted by revocation. Non-official table of contents

§ 203

(1) The revocation is to be addressed by decision.(2) The revocation period shall be six months. It shall begin on the date on which the compensation authority has become aware of the grounds for revocation. Non-official table of contents

§ 204

(1) In the case of § 200, the compensation authority will want to repay the compensation authority after the entry of a In the event of a real benefit, it has to issue the obligation to repay those benefits in the notice of withdrawal.(2) Paragraph 1 shall apply if the compensation authority in the cases of § § 201, 202 wishes to make use of the possibility of recovery of benefits already effected. Unofficial table of contents

§ 205

(1) The notice of withdrawal is provisionally enforceable in so far as the decision formula makes the obligation to Repayment of certain amounts.(2) Forced enforcement shall be governed by the provisions of the Code of Civil Procedure on the execution of judgments in civil litigation. The enforceable copy shall be issued by the compensation authority.(3) For claims asserted by objections against the claim itself (Section 767 of the Code of Civil Procedure), the compensation court of the first instance in whose district the compensation authority has its registered office shall be responsible. Non-official table of contents

§ 206

(1) A claim to recurring benefits has been granted or rejected and has the actual The compensation authority shall be empowered and, at the request of the applicant, obliged to issue a new communication on the claim; the legal force shall be subject to conditions which have been substantially amended for granting or refusing to grant or refuse to grant it. a court decision is not against it. Sentence 1 shall apply only in so far as the change in the actual circumstances requires a new decision on the granting, increase, reduction or deprivation of a pension.Paragraph 1 shall apply to comparisons which have been concluded in the proceedings of the compensation authorities or in the judicial proceedings.(3) § 323 of the Code of Civil Procedure shall not apply.(4) Paragraphs 1 to 3 shall apply to the right to health care in accordance with § 141a. Non-official table of contents

§ 206a

(1) In the cases of § § 141d to 141k, the compensation authority may notify a new decision in accordance with this Rules shall be adopted if further claims are granted after the granting of a claim or a number of claims. The legal force of a court decision shall not be contrary to this.(2) Paragraph 1 shall apply if, after the recognition of a number of claims, one or more of these claims are to be eliminated, increased or reduced.Paragraphs 1 and 2 shall apply to comparisons which have been concluded in the proceedings of the compensation authorities or in the judicial proceedings. Non-official table of contents

§ 207

(1) The compensation authorities are free of charge and non-payment procedures. For manifestly unsubstantiated applications, the applicant may be subject to the costs. At the same time, the obligation to bear the costs is to be seen in the main proceedings. For the enforcement of the costs, please see § 205 corresponding application.(2) Fees and charges shall not be reimbursed.(3) Passenger status customers for submission to the compensation authorities shall be issued without charge and circulation.

Fourth Title
Compensation Courts

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§ 208

(1) Compensation Courts are the District Court (Compensation Chamber), the Higher Regional Court (Compensation Senate), the Federal Court of Justice (Compensation Senate). (2) The state governments are authorized to assign the compensation cases to a district court for the districts of several district courts by means of a legal regulation, if the summary is for an appropriate Promotion and faster execution of procedures is required. The state governments can transfer the authorization to the Land Justice Administrations. The same applies if several Upper Regional Courts are established in one country.(3) In the case of the filling of the compensation chambers and the compensation senate, account shall be taken of the nature of the reparation in an appropriate manner. The chairman or one of the co-sitters of the compensation chamber and the compensation senate shall belong to the group of persecuted persons. Non-official table of contents

§ 209

(1) For the proceedings before the compensation courts and for the enforcement of enforcement, without prejudice to § § § § § § § § § § § § § § § § § § § § § 175 to 183, the provisions of the Law of the Court of Justice, the Code of Civil Procedure and the cost rules for civil litigation.(2) (3) Judgment of failure shall not be permitted. In the event of an abatment, the compensation court may, on its own account or at the request of one of the parties, make a decision without oral proceedings; the parties to the summons shall be referred to this decision.(4) A request to secure proof of proof (§ 485 of the Code of Civil Procedure) is also admissible if a procedure is not yet pending in the case of the compensation courts and the witness or the expert is in foreign countries. The application shall be made to the district court, in the district of which the compensation authority competent pursuant to § § 185, 186 has its registered office.(5) deliveries shall be made by officant.(6) § 227 (3) sentence 1 of the Code of Civil Procedure shall not apply. Non-official table of contents

§ 210

(1) Insofar as the claim has been rejected by the compensation authority of the claim, the claim may be rejected. the applicant shall, within a period of three months, bring an action against the country before the regional court responsible for the seat of the compensation authority.(2) Where the applicant is living outside the European Union, a period of six months shall take place in place of the three-month period.(3) The time limits referred to in paragraphs 1 and 2 shall be periods of emergency; they shall begin with the notification of the date of the decision. Non-official table of contents

§ 211

(1) Insofar as the compensation authority is authorized to act at its discretion, the compensation court only to verify whether the compensation authority has exceeded the legal limits of discretion or has exercised its discretion in a manner which does not correspond to the purpose of empowerment. The same applies in the case of § 183.(2) In the case of § 171 the district court is responsible, in the district of which the supreme compensation authority of the country has its registered office.(3) In the case of § 183 the district court is responsible, in the district of which the provincial justice administration has its registered office. Unofficial table of contents

§ 212

(1) If a notice or comparison is revoked in accordance with § § 200 to 205, the applicant may be revoked within a The three-month period against the country shall bring an action for the annulment or amendment of the withdrawal decision before the regional court responsible for the seat of the compensation authority.(2) § 210 (2) and (3) shall apply.(3) In so far as the communication contains the obligation to repay the services already effected, Section 707 of the Code of Civil Procedure shall apply in accordance with the provisions of this Regulation. Non-official table of contents

§ 213

(1) Is a claim for compensation by a final court decision or by a process comparison If it is subsequently established that there is a reason for the reason referred to in Article 6 (3), Section 145 (2) or a reason pursuant to Article 7 (2), the Land may bring an action before the Landgericht (Landgericht) responsible for the seat of the compensation authority. collect the right to pay compensation, subject to the annulment of the court decision or the comparative trial.(2) In the case referred to in paragraph 1, the right to reimbursement shall be claimed at the same time as the claim for repayment of the benefits effected after the entry of a working or desirocting ground.(3) The action may only be brought within a period of six months. The period shall commence on the date on which the compensation authority has become aware of the reason for being caused by the act or the devocation. Non-official table of contents

§ 214

(1) If the compensation authority is informed of the claim against the employer, it must be admitted to the former or an equivalent work place, the applicant may, within a period of three months, bring an action against the employer before the Landgericht responsible for the seat of the compensation authority, stating that: the employer is obliged to grant the former or an equivalent job.(2) § 210 (2) and (3) shall apply.(3) The applicant shall be obliged to proclaim the dispute to the country in a judicial way. Non-official table of contents

§ 215

(1) If the compensation authority is informed, it is the employer's obligation to grant the former. or an equivalent workplace, the employer may, within a period of three months, bring an action against the applicant before the district court responsible for the seat of the compensation authority; that there is no obligation to concede the former or an equivalent workplace.(2) § 210 (3) shall apply.(3) The applicant shall be obliged to proclaim the dispute to the country in a judicial way. Non-official table of contents

§ 216

Has the compensation authority within a period of one year since receipt of the application without sufficient reason no decision is taken on the claim, the applicant may bring an action before the regional court responsible for the seat of the compensation authority. Non-official table of contents

§ 217

The jurisdictions of § § 210 to 216 are exclusive court cases. Non-official table of contents

§ 218

(1) The appeal against final parts of the district court shall be taken without regard to the value of the subject matter of the appeal. the Higher Regional Court.(2) The appeal shall be filed within a period of three months. If the appellant resides outside the European Union, a period of six months shall take place in place of the three-month period. The time limit for the justification of the appeal shall begin with the expiry of the time limit for the filing of the appeal. Non-official table of contents

§ 219

(1) The appeal against endurables of the Oberlandesgericht shall take place in the Federal Court of Justice if the Oberlandesgericht admitted the revision.(2) The revision is to be allowed if
1.
a legal issue of fundamental importance to decide is;
2.
the judgment deviates from a decision of the Federal Court of Justice and is based on this discrepancy;
3.
the training of the law or the assurance of a unified jurisprudence requires a decision of the Federal Court of Justice;
4.
disputed whether the country against which the claim for compensation is directed (§ 188) is rightly considered to be the competent authority.
(3) On the admission or Non-approval of the revision shall be in the judgment. The reasons for non-authorisation shall be justified.(4) § 218 (2) shall apply for the purpose of filing and justifying the revision. Unofficial table of contents

§ 220

(1) The non-approval of the revision can be appealed independently by immediate appeal. Section 719 (2) of the Code of Civil Procedure shall apply.(2) The lodging of an immediate appeal shall hamper the legal force of the judgment.(3) The Federal Court of Justice decides on the immediate appeal by decision which is to be justified. If the revision is not approved, the appeal judgment will become final with the notification of the decision. If the revision is approved, it shall be submitted within a period of one month. The deadline shall begin with the notification of the decision to allow the revision to be made. It's an emergency period. Unofficial table of contents

§ 221

(1) The revision shall take place without authorization, insofar as it is the inadmissibility of the legal path or the Inadmissibility of the appeal.(2) § 566 of the Code of Civil Procedure does not apply. Non-official table of contents

§ 222

The revision cannot be based on the fact that the decision is based on the violation of national law. Rules are based. Non-official table of contents

§ 223

In cases of immediate appeal, the first sentence of Section 569 (1) sentence 1 of the Code of Civil Procedure shall be replaced by the emergency period. an emergency period of three months. If the complainant resides outside the European Union, a period of six months shall take place in place of the period of three months. Sentences 1 and 2 shall apply mutatily for the time limit for the filing of the appeal and the time limit for the reasons for the appeal. Non-official table of contents

§ 224

(1) There is no law enforcement action in the proceedings before the county courts.(2) In the proceedings before the Higher Regional Courts, there is no legal requirement for the country to be held.(3) In the proceedings before the regional courts and before the Higher Regional Courts, the advising of a lawyer by means of legal aid does not depend on the fact that he is established in the district of the court of proceedings.(4) In the revision instance, there is unlimited legal requirement that the parties can also be represented by a lawyer who is not admitted to the Bundesgerichtshof. Non-official table of contents

§ 225

(1) proceedings before the compensation courts as well as proof-of-proof procedures are free of charge and non-levies.(2) In the case of manifestly unfounded claims or appeals, the plaintiff may be subject to the costs. If the legal proceedings appear to be presumed to be reasonable, a cost advance may be imposed.(3) In the case of recurring services, the value of the dispute shall be calculated in accordance with § 9 of the Code of Civil Procedure.(4) Section 207 (3) shall apply mutatily. Non-official table of contents

§ 226

The action has been filed because the compensation authority does not have sufficient reason to do so within an annual period. If a decision on the claim has been made, the claims which are necessary for the plaintiff to comply with a requirement of the compensation court are to impose on the defendant country without regard to the outcome of the proceedings. Non-official table of contents

§ 227

(1) The proceedings before the compensation courts are subject to fees and claims by lawyers pursuant to Section 91 (2) of the Civil procedure.(2) If the country has been represented by a lawyer in the proceedings before the county courts and the Higher Regional Courts, the fees and levies of a lawyer shall not be reimbursed to the country.(3) The fees and charges applicable to lawyers shall be subject to the rules applicable to civil litigation.(4) Paragraphs 1 and 3 shall apply to the fees of the persons referred to in § 183 para. 1.

Fifth Title
Proceed to the Rules of Procedure for entitlement to health care

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§ 227a

(1) The health care is carried out by the Allgemeine Ortskrankenkasse (Local Sickness Insurance Fund), in whose district the persecuted has his or her permanent residence or permanent residence.(2) In the case of disputes concerning the implementation of the health care provision, the social rights path shall be given. The provisions of the Social Courts Act for disputes in matters of statutory health insurance apply accordingly.(3) Titles 1 to 4 of this section shall not apply to this extent.(4) If the persecuted person or his family members, for whom he is entitled to health care pursuant to § 141a, are entitled to compensation for the damage caused to them by the disease according to other statutory provisions, this claim shall in so far as it is to be granted health care pursuant to Article 185. The transfer of the claim cannot be claimed to the detriment of the persecuted person. Non-official table of contents

§ 227b

(1) The expenses incurred by the institutions of statutory health insurance pursuant to § § 141a and 141c plus an administrative cost share of 8 of the hundred of the expenses shall be replaced by the country in accordance with § 185.(2) Replacement claims referred to in paragraph 1 shall be subject to a period of two years. The limitation period shall begin at the end of the year in which the sickness insurance fund has provided the expenses for the provision of health care.(3) Paragraph 2 shall apply in accordance with recovery claims in the country on grounds of unduly granted cost replacement. The limitation period shall begin with the end of the year in which the sickness fund has been replaced by the expenses. Non-official table of contents

§ 227c

Medical and dental services are subject to the treatment of those who have been damaged in the sense of the Federal Supply Act (BundesSupply Act), which reimburses records. Pharmacists and other persons serving medical treatment, as well as hospitals and institutions, are entitled to pay only on the remuneration to be paid for members of the sickness insurance fund. Non-official table of contents

§ 227d

The Federal Ministry of Health, in agreement with the Federal Ministry of Finance, shall issue a Approval of the Bundesrat the necessary administrative provisions on the implementation of the health care and on the procedure for replacement according to § 227b.

Tenth section
Transitional and Final rules

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§ 228

(1) The date of entry into force of this law shall be the date of entry into force of the law. States of Bavaria, Bremen, Hesse and in the territory of the former State of Württemberg-Baden uniformly applicable law for the reparation of national-socialist injustice (compensation law) including the legal regulations issued for this purpose other than Power.(2) The same shall apply to all other provisions of the law of compensation in force within the scope of this Act, which are contrary to this Act. To the extent that these provisions grant further claims for compensation, it shall in this case retain the benefit of the person entitled to the benefit so far, with the proviso that the handling and the performance of these claims shall be carried out in accordance with the provisions of the according to this law. The expenses resulting from the further compensation claims are borne by the local law of the country.(3) Where reference is made in laws, regulations, general administrative arrangements and decrees to the repealed regulations, the relevant provisions of this Act shall be replaced by the provisions of these Regulations. Non-official table of contents

§ 229

For claims based on the regulations of the countries concerning the recognition and care of the persecuted persons, the the procedural treatment provided for in this Act. Non-official table of contents

§ 230

(1) Rereturning services based on previous regulations will continue to be granted until the performance of the services in accordance with this law. This also applies to recurrent advance payments. The further payment shall be the responsibility of the competent authority so far. In so far as the recurring services have been effected without the recognition of a legal obligation, the first and second sentences do not give rise to any legal entitlement to these benefits.(2) Paragraph 1 shall apply in accordance with the requirements for the implementation of a healing process. Non-official table of contents

§ 231

(1) A renewed request for compensation under the provisions of this law does not require the following: Claim for compensation has already been filed on the basis of existing regulations or administrative arrangements. This shall apply even if the claim which has already been notified is not justified in accordance with existing regulations or administrative arrangements or if the application has not been made in due time.(2) However, in cases where a claim has been dismissed by an indisputable decision or by a final judicial decision, an application shall be required in cases where a claim has been rejected in accordance with the law. Non-official table of contents

§ 232

(1) When this law enters into force, an application for compensation is pending in a country whose authorities are following: § § 185, 186 are not competent, the compensation authorities of this country shall remain competent for claims under the law as well as for claims under this law. This shall not apply in the cases of Section 185 (5).(2) If, upon the entry into force of this law, applications for compensation are pending in several countries, the authorities of which are competent pursuant to § § 185, 186, the compensation authorities of the country shall be responsible for the decision on claims under this law. , which are primarily responsible pursuant to § § 185, 186. Non-official table of contents

§ 233

For the purpose of determining the rights to be taken in accordance with the previous law, which are based on the compensation law Establish rules for several countries, are responsible,
1.
if it is different Claims for damages, the compensation authorities of the country on whose right the respective claim is based,
2.
if it is the same damage status , the compensation authorities of the country whose law is to be applied in accordance with the applicant's declaration; in that jurisdiction it shall retain its right to apply.
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§ 234

(1) Insofar as before this law enters into force, an application for compensation by indisputable communication or by a final right of appeal If a court decision has been rejected or a compensation has been granted at a lower level than in accordance with the provisions of this law, the beneficiary may submit a new application for compensation within the application period of § 189 (1).(2) Rereturning services under this Act shall be re-established by officale.(3) If no decision has yet been taken in an administrative procedure pending at the date of entry into force of this Law, the claim shall be fixed in accordance with the provisions of this Act.(4) In the cases of paragraphs 1 to 3, the compensation authority responsible pursuant to § § 185, 186 decides; § § 232, 233 shall apply accordingly. Non-official table of contents

§ 235

(1) The compensation is governed by comparison, waiver or severance prior to the entry into force of this law , the beneficiary may, within the period of application of section 189 (1), contest the scheme by means of a declaration to the competent compensation authority.(2) Section 234 (4) shall apply. Non-official table of contents

§ 236

(1) If a court proceedings are pending upon the entry into force of this law, the continuation of the proceedings shall be: of the procedure in accordance with the following rules:
1.
Insofar as the proceedings are pending before a court of law, the is also responsible under this law, this court decides on the basis of the provisions of this law;
2.
insofar as the proceedings are pending before a court of law, the (
)
admissibility of an appeal against the decisions taken before the entry into force of this Act shall be submitted to the Court of First Instance. shall be governed by the rules currently in force. If, at the time of the entry into force of this Act, an appeal may still be brought in, the appeal shall be replaced by the legal remedy under the law which has been authorised under this law.(3) Insofar as judicial proceedings are carried out under this Act, charges and levies shall remain out of the way. Extra-judicial costs will be lifted against each other. Non-official table of contents

§ 237

(1) In the cases of § § 81, 85, 85a, 86, 93, 97, 97a, 98, the right to vote is not ruled out by the fact that the In the light of previous rules which did not provide for a right to vote of this kind, compensation for damage in the course of professional development has been obtained in whole or in part.(2) If the pension is chosen, the compensation received by the person persecuted shall be based on the compensation for the period before the 1. November 1953 and fully credited to the pension. Unofficial table of contents

§ 238

A further settlement of the compensation for persecuted persons, who have a local relationship with German territories outside the scope of this law, remains reserved until the reunification of Germany. Non-official table of contents

§ 238a

(1) shall be entitled to compensation under this Act only if the person entitled to the compensation is at the time of the decision has his residence or permanent residence in States with which the Federal Republic of Germany is entitled to take part in the entry into force of this Act or on the 1. He maintained diplomatic relations in January 1963. In the case of legal persons, institutions or associations of persons or their legal successor, the place of residence shall be replaced by the place of residence and the place of residence shall be replaced by the place of administration.(2) Paragraph 1 shall also apply in the cases of § § 90, 165 and 171.(3) The Federal Government may determine which States with which the Federal Republic of Germany has not had diplomatic relations at the dates referred to in paragraph 1 shall be treated as if diplomatic relations have been maintained with them. Would be. Non-official table of contents

§ 239

The federal government is authorized to deal with groups of persons whose damage is due to the reasons for persecution of § 1 , but which do not have a spatial relationship with the scope of this Act and are also not entitled under § § 149 to 166b to make global regulations on the granting of benefits by way of the compensatory amount. The Eighth and the Ninth Section of this law are not applicable. Non-official table of contents

§ 240

(1) This law applies in accordance with the provisions of Section 13 (1) of the Third Transfer Act of 4. January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin.(2) Legal regulations which are enacted pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Non-official table of contents

§ 241

This law occurs on the 1. October 1953 in force.