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Federal Law on Compensation for Victims of National Socialist 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)

Unofficial table of contents

BEG

Date of completion: 18.09.1953

Full quote:

" Federal indemnity law in the adjusted version published in the Federal Law Gazette, Part III, outline number 251-1, which is provided by Article 21 (2) of the Law of 29 June 2015 (BGBl. 1042).

Status: Last amended by Art. 11 G v. 23.7.2013 I 2586
Note: Amendment by Art. 21 (2) G v. 29.6.2015 I 1042 (No) 26) in a textual proof, not yet concludedly processed in a documentary form

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1987 + + +) 

In the Saarland introduced by G No. 658 OJ of the Saarland 1959 p. 759; for individual deviating provisions cf. said G No 658 Unofficial table of contents

Content Summary

FIRST SECTION
General provisions
First title: entitlement to compensation § § 1 to 12a
Second title: Transfer and transfer of entitlement to compensation § § 13 and 14
SECOND SECTION
Claims for damages
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 to 46
II. Restriction of freedom § § 47 to 50
Fourth title: Damage to property § § 51 to 55
Fifth title: Damage to property § § 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 progress
I. Principle Section 64
II. Damage in professional progress
1. Term Section 65
2. Self-employed occupations § § 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) Professional soldiers Section 108
d) Employees and workers § § 109 and 110
e) Non-official professors and private lecturers at the academic institutions of higher education Section 111
C. Service for religious societies Section 112
4. Injury in self-employed and self-employed activities Section 113
5. Non-inclusion of gainful employment despite completed vocational training § § 114 and 114a
6. Damage in training § § 115 to 119
7. (dropped) § § 120 to 122
7. Maximum amount of the capital indemnification § § 123 to 125
8. Meeting with claims under the legislation governing the restitution of national-socialist injustice for public service members Section 125a
9. Authorisation of the Federal Government for the adoption of legal regulations § 126
III. Damage in economic progress
1. Damage to insurance outside of social security § § 127 to 133
2. Supply damage § § 134 to 137
3. Damage in Social Security § 138
4. Damage in the supply of war victims Section 139
IV. Common rules on heredity and transferability § 140
Eighth title: Emergency aid for returnees Section 141
Ninth 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 applicable to legal persons, institutions or associations of persons § § 142 to 148a
FOURTH SECTION
Special groups of persecuted
First Title: Principle § 149
Second title: Persecuted from the Vertfriction areas § § 150 to 159a
Third title: Stateless persons and refugees within the meaning of the Geneva Convention § § 160 to 166
Fourth title: Common rules § § 166a to 166c
FIFTH SECTION
(dropped) § § 167 to 168
SIXTH SECTION
Satisfaction of the compensation claims § § 169 to 170
SEVENTH SECTION
Hardness compensation Section 171
EIGHTH SECTION
Distribution of the compensation burden Section 172
NINTH SECTION
Compensation bodies and procedures
First Title: Compensation bodies § § 173 and 174
Second title: Common procedural rules § § 175 to 183
Third title: Compensation authorities § § 184 to 207
Fourth title: Remuneration Courts § § 208 to 227
Fifth title: procedural rules for entitlement to health care § § 227a to 227d
TENTH SECTION
Transitional and final provisions § § 228 to 241

First section
General provisions

First Title
Entitlement to compensation

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----

In recognition of the fact
that persons who have been persecuted for reasons of political opposition to National Socialism, or for reasons of race, faith or belief, under the National Socialist rule of violence, have been wronted,
that the resistance, which was made out of conviction or of faith or of conscience against the National Socialist tyranny, was a merit for the good of the German people and the state, and
that democratic, religious and economic organizations have also been illegally damaged by the National Socialist tyrannity,
the Bundestag, with the consent of the Bundesrat, has adopted the following law: Unofficial table of contents

§ 1

(1) Victims of National Socialist persecution are those who have been persecuted for reasons of political opposition to National Socialism, or for reasons of race, faith or belief, by national-socialist violence. and thereby damage to life, body, health, freedom, property, property, in his professional or in his/her economic progress (persecuted person). (2) The person who is persecuted within the meaning of paragraph 1 shall be treated as national-socialist violence has been pursued,
1.
because, by reason of his own decision to make a conscience, he has been actively involved in the destruction of human life, not justified by the war, at the risk of his person, or against the unjustifiable destruction of human dignity;
2.
because he has represented an artistic or scientific direction that has been rejected by National Socialism;
3.
because he was close to a persecutor.
(3) The following shall also apply as a pursuer within the meaning of paragraph 1.
1.
the survivors of a person who has been killed or driven to death or has died of the consequences of injury to his or her body or health;
2.
the injured party, who committed an act to which he was accused in the fight against Nazi tyrannity or in defence of the persecution, but was able to hide the motive of that act;
3.
the injured party who has been affected by national-socialist violence, because he has been mistakenly attributed to a group of persons who have been persecuted for the reasons set out in paragraphs 1 and 2;
4.
the injured party, who is a victim of the persecution of the victims of national-socialist violence; as close relatives, the spouse of the person who has been persecuted and the children, as long as they are in force until 31 December 1974, shall be considered as close relatives. Civil servants ' right to children's allowances may be granted.
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§ 2

(1) National Socialist 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 The Foundation of Public Law, the NSDAP, its members or its affiliated associations have been directed against the persecuted. (2) The adoption of national-socialist violence is not contrary to the fact that it is based on legal provisions. provisions have been based or in abusive use of Rules against the persecuted person have been addressed. Unofficial table of contents

§ 3

The person persecuted shall be entitled to compensation under this Act. Unofficial table of contents

§ 4

(1) is entitled to compensation;
1.
if the persecuted person
a)
His residence or permanent residence within the scope of this Act was 31 December 1952;
b)
had died before 31 December 1952 and had his last residence or permanent residence within the scope of this Act;
c)
has been emigrated, deported or expelled before 31 December 1952 and has had his last residence or permanent residence in the territory of the Reich by the State of 31 December 1937 or in the territory of the Free City of Gdańsk, and not (d) only after the termination of the National Socialist rule of violence in the German eastern territories under foreign administration or in the area of the Free City of Gdansk;
e)
In the sense of § 1 of the Law on the affairs of displaced persons and refugees (Bundesvertriebenengesetz), and within the scope of this Act, the distributor has taken his residence or permanent residence until 30 April 1965, or after that date within six months of leaving the territory of the State from which he or she has been expelled or resettled,
f)
is recognised as a Soviet refugee within the meaning of Section 3 of the Federal Law on the Displaced, and has, or takes, his residence or permanent residence within the scope of this Act; is equal to who is from the Soviet occupation zone or from the Soviet-occupied sector of Berlin by way of an emergency or comparable procedure and having had his residence or permanent residence within the scope of this Act on 31 December 1964; § 3 (2) of the Bundesvertriebenengesetz (Federal Displaced Persons Act) applies
g)
, by means of family reunification, residency or permanent residence from the territory of the Soviet occupation zone or from the Soviet-occupied sector of Berlin to the scope of this law has been laid or moved, because it as a result of physical or mental frailty, constant maintenance or care is required or at least 65 years old; § 3 (2) of the Federal Displaced Persons Act (Bundesvertriebenengesetz) shall apply;
2.
if the person persecuted on 1 January 1947 in a DP camp within the scope of this Act and after 31 December 1946 died either during the stay in the DP camp or from the scope of this law emigrated or as a homeless foreigner has transferred to the competence of the German authorities or has acquired German citizenship.
(2) Emigration within the meaning of this Act shall also apply if the person persecuted before 8 May 1945, for the reasons of persecution of § 1, his residence or permanent residence from the territory of the Reich in accordance with the conditions of 31 December 1937 or the territory of the The right to compensation is not attributable to the fact that the person who was deported (paragraph 1 (1) (c)) forcibly transferred to the territory of the Reich from 31 December 1937 or into the territory of the Free City of Gdansk. (4) The displaced person (paragraph 1 (1) (e)) has also been repatriated. the right 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 district; an explicit commitment to the German folkloric language is not a prerequisite for membership (5) As a family reunion (paragraph 1 (1) (g)), the admission by the spouse, by relatives straight line or the sideline to the second degree or by nursing or nursing children, applies to: Child Instead of being a child or a child in law. An admission by Stief or foster children or to a child is only possible if it is taken before the completion of the 18. (6) Forced stay in a DP camp due to deprivation of liberty and residence in a DP camp shall not be considered to be a permanent residence or permanent residence (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

Section 4 (1) (1) (1) (b) e: In accordance with the decision-making formula, compatible with GG, BVerfGE v. 29.10.1969 I 2186-1 BvL 19/69- Unofficial table of contents

Section 4a

(1) If a persecuted person died before 31 December 1952, he or she had his last residence or permanent residence outside the scope of this Act, but in the territory of the territory of the Reich of 31 December 1937 or in the territory of the Free City of Gdansk, the non-remarried widow, who has been affected by the persecution, shall be entitled to compensation provided that she meets the conditions set out in § 4. This shall not apply if the persecuted person has established his residence or permanent residence in the territory referred to in the first sentence only after the end of the national socialist tyrannity. (2) The claim referred to in paragraph 1 shall consist only in so far as the claim of the persecuted to the widow would have been transferred in the path of inheritance, if the persecuted person would have fulfilled the conditions of § 4. The claim shall be neither transferable nor hereditary. (3) Paragraphs 1 and 2 shall apply mutatically to the widows of a persecuted person. Unofficial table of contents

§ 5

(1) The right to compensation does not exist in so far as the right to reparation of the damage of its legal nature according to special legislation in force within the scope of this law for the reparation of national-socialist Injustice falls. Legislation within the meaning of the first sentence shall be in particular
the legislation on the restitution of 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, legislation regulating the restitution of national socialist injustice for members of the civil service, legislation on the restitution of national socialist injustice in social security and in the supply of war victims.
(2) The right to compensation shall 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 only because the said claim is limited in its territorial scope, or because the person being persecuted is no longer able to invoke his claim under special legislation within the meaning of paragraph 1 because of the failure to comply with the time limit. (3) Unofficial table of contents

§ 6

(1) The compensation shall be excluded from the compensation,
1.
who has been a member of the NSDAP or one of its members, or who has encouraged the National Socialist tyrannity; the nominal membership of the NSDAP or in one of its divisions includes the right to compensation is not the case if the persecuted person, using freedom, body or life, has combated National Socialism for reasons which correspond to the reasons of persecution of § 1, and has therefore been persecuted;
2.
who, after 23 May 1949, fought the free democratic basic order within the meaning of the Basic Law;
3.
who has been convicted after 8 May 1945 for committing a crime and sentenced to a prison sentence of more than three years.
(2) Paragraph 1 (3) shall not apply if the conviction is pronounced outside the scope of that law and if the act does not punish the law with a penalty or the conviction under the rule of law (3) The right to compensation shall be affected if, after a decision has been fixed or after a final court decision, one of the grounds for exclusion of paragraph 1 (2) and (3) is established. The services which have been effected after the occurrence of an effective reason can be reclaimed. Unofficial table of contents

§ 7

(1) The right to compensation may be refused in whole or in part if the person entitled to obtain compensation is entitled to unfair use or intentionally or negligently incorrect or misleading information about the reason or the amount of the compensation. (2) The right to compensation may be withdrawn in whole or in part if it is found that one of the reasons for the failure of paragraph 1 has been established or that the decision has been taken on the basis of a decision to be taken in accordance with the Incorrect information provided by the person concerned is based on the actual circumstances. (3) Benefits that have already been effected can be reclaimed. Unofficial table of contents

§ 8

(1) Claims against the German Reich, the Federal Republic of Germany and the German Länder may, without prejudice to the provisions referred to in § 5 and maintained by § 228 (2), be invoked only in accordance with this Act if it (2) Claims against other entities, institutions or foundations under public law or against persons of private law shall not be affected by this law. In so far as compensation has been provided under this law, they shall pass on to the performing country. The transition cannot be claimed to the detriment of the beneficiary. Unofficial table of contents

§ 9

(1) The principles of the civil law relating to the taking into account of participating indebnities and the taking into account of a share obtained in connection with the damage shall apply mutagens. (2) A consensual agreement with the pursuit of the persecution (3) If the damage has been caused by the fact that the person persecuted under the pressure of the persecution has made or failed to act, this shall be the case for the person who is being persecuted. Entitlement to compensation shall not be accepted. (4) Services provided by a third party in The right to compensation shall not be contrary to the right to compensation even if the damage is compensated for by these benefits. (5) For damage caused by the person who has been subject to a legal or moral obligation to the person who has been persecuted. (5) For damages which are There will be no compensation for any security that would have been created without the persecution. Unofficial table of contents

§ 10

(1) The compensation shall be attributed to benefits provided by German public funds which have been effected in the course of compensation for victims of the National Socialist persecution. In so doing, services which have been or will be effected for a given period of time or for a particular claim for damage shall only be credited to the compensation for that period or for that event. (2) Benefits, the damage caused by the law to the general rule by the war and the collapse of the German Reich (General War Consequences Act) has been brought about for a certain amount of damage and for a certain period of time, shall be entitled to compensation for this event and this period (3) A number of claims, which are satisfied at different times, shall be deducted from the calculation of benefits required for the current living or for the establishment of a sufficient livelihood, (5) Insofar as the person persecuted for the period before 1 November 1953 receives benefits from the unemployment benefit, the following shall be considered as a result of the payment of the benefits of the unemployment benefit. , is the transfer of the right to compensation to the Federal Government excluded. Unofficial table of contents

§ 11

(1) Geldanspells für die Zeit vor dem 1. Juli 1948 shall be calculated in Reichsmark and converted in the ratio 10: 2 to Deutsche Mark. (2) The conversion ratio 10: 2 shall also apply to the benefits to be credited in accordance with § 10, provided that these are in Reichsmark , and for the amounts of the Reichsmark, which are to be applied to compensation under other provisions of this law. Unofficial table of contents

§ 12

Pensions shall be paid at the earliest on 1 November 1953 in amounts which can be prepaid on a monthly basis. Unofficial table of contents

§ 12a

If recurring benefits are increased from the Federal Pension Insurance Act or under the Federal Pension Act, pensions under this Act shall be reduced in total by the monthly amount to which the recurring benefits are paid. have increased or increased each month. This shall apply in the case of the first-time fixing of a pension under this Act.

Second Title
Transfer and transfer of entitlement to compensation

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§ 13

(1) The right to compensation shall be hereditary. (2) The claim shall be exonerated with 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 is ineffective if the legatee were excluded. (3) If the persecutor is inherited from several heirs and if only a portion of the heirs is excluded, the right to compensation shall be due to the remaining heirs in advance. The provisions applicable to legacies shall be applied in advance. (4) paragraphs 2 and 3 shall apply to the heirs. (5) (omitted) Unofficial table of contents

§ 14

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

Second section
Claims for damages

First Title
Damage to life

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§ 15

(1) claim to compensation for damage to life if the person being persecuted has been killed or driven to death and his death during the persecution or within eight months of the conclusion of the persecution that caused his death, has occurred. It is sufficient that the causal relationship between death and persecution is probable. (2) If the persecuted person is during the deportation or during a deprivation of liberty within the meaning of this law or within eight months of the end of the If deportation or deprivation of liberty deceased, it shall be presumed that the conditions set out in the first sentence of paragraph 1 for the claim are fulfilled. Unofficial table of contents

§ 16

Compensation shall be provided for:
1.
Pension,
2.
Severance in the case of remarriage,
3.
Capital compensation.
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§ 17

(1) The pension shall be subject to the following survivors:
1.
the widow until her remarriage or up to her death;
2.
the widower until his remarriage, or until his death, if the persecuted after 31 December 1985 died. If the persecuted person died before 1 January 1986, the widower shall be entitled to the pension only if the persecuted person would have maintained or would have maintained, at the time of the beginning of the persecution which led to death, or, if he was still alive, he would have been entertained;
3.
the children for the period in which they may be granted child allowances in accordance with the official law applicable to them until 31 December 1974;
4.
the elternless grandchild under the conditions laid down in point 3, provided that she has maintained the person who has been persecuted at the time of the beginning of the persecution which has led to death, or, if he is still alive, that he would have been entertained;
5.
the relatives of the ascending line for the duration of neediness;
6.
the adoptive parents under the conditions laid down in point 5.
(2) The widow or widower shall be treated in the same way under the conditions laid down in paragraph 1 (1) or (2)
1.
the culpably divorced spouse;
2.
the former spouse, of the former spouse, whose marriage has been annulled or declared null and void;
3.
persons whose connection with the persecuted person has been granted the legal effects of a legal marriage pursuant to the Federal Law on the Recognition of free marriage of racial and political persecutors or on the basis of legislation of the Länder;
4.
the woman whose marriage was subsequently concluded with the persecuted person by an order on the basis of the Federal Act concerning the legal effects of the expulsion of a subsequent marriage.
(3) Paragraph 2 (1) and (2) shall not apply to a spouse who, for reasons corresponding to the reasons for the persecution of § 1, has turned away from the spouse being pursued. Unofficial table of contents

§ 18

(1) The pension shall be fixed in accordance with the pensions provided to the survivors of a federal official of a grade with ascending salaries in the event of his or her economic status, in accordance with his economic position. were granted by accident in the event of an accident in accordance with the rules on the accident prevention of the federal civil servants. The economic position shall 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 shall be disregarded. 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 is in a percentage of less than 100 of the 100% of the pensions referred to in paragraph 1, if the economic conditions of the surviving dependnate justify this. In assessing the economic situation, account must also be taken of the amounts which the survivor shall refrain from acquiring, even though the acquisition is to be granted to him. (3) In the calculation of the pension, the respective amount of the statutory pension shall be: to cover the supply of comparable civil servant groups within the meaning of paragraph 1. Unofficial table of contents

§ 19

Source of the original text: BGBl. I 1965, 1317

The minimum monthly amount of the pension shall be
by 31 March 1957vom 1 April 1957 to 31 May 1960 from 1 June 1960 to 31 December 1960, from 1 January 1961 to 30 June 1962from 1 July 1962 to 30 September 1964from 1 January 1961 to 30 September 1964. October 1964
the widow 200 DM 220 DM 236 DM 255 DM 270 DM 292 DM
the widower 200 DM 220 DM 236 DM 255 DM 270 DM 292 DM
the full orphan 100 DM 110 DM 118 DM 128 DM 136 DM 147 DM
the first and second half-orphans,
if no pension is paid for the widow or widower, the DM 75 83 DM 89 DM 97 DM 103 DM 111 DM
if a pension is paid for the widow or widower, 55 DM 61 DM 66 DM 72 DM 76 DM DM 82
the third and each following half-orphan, 50 DM 55 DM DM 59 DM 64 68 DM 73 DM
the elternless grandson 100 DM 110 DM 118 DM 128 DM 136 DM 147 DM
the parents or the adoptive parents together 150 DM 165 DM 177 DM 192 DM 204 DM 220 DM
a surviving parent or adoptive parent 100 DM 110 DM 118 DM 128 DM 136 DM 147 DM.
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§ 20

(1) The pensions in accordance with § 18 shall 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 in proportion to each other. § 19 shall remain unaffected. (2) If the pension of a survivor is not reduced because 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, in the person of a survivor, the conditions for a number of pension rights pursuant to § 17 are met, 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. Unofficial table of contents

Section 21

(1) The circumstances in which the calculation of the pension was based subsequently changed in such a way that the newly recalculated pension as a result of the changed circumstances deviated by at least 10 per cent from the fixed pension, The pension shall be redefined. (2) The survivor's pension 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. Unofficial table of contents

Section 22

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Section 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 be repaid 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 two years after the date of expiry of the period of two years after the date of the expiry of the period of validity of the marriage. the 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. Unofficial table of contents

§ 24

For the period prior to November 1, 1953, the survivors (§ 17) of the person being persecuted to a capital compensation shall be responsible for the payment of the capital. Unofficial table of contents

Section 25

(1) The calculation of the capital compensation shall be based on the amount of the pension calculated in accordance with § § 18 to 20, which is not applicable for the month of November 1953. (2) If no entitlement to a pension exists for the month of November 1953, paragraph 1 shall apply with the (3) For the period before 1 July 1948, the calculation of the financial compensation shall be based on the amount of the amount which is attributable to the last calendar month in which the conditions for entitlement to a pension have been met. the monthly amount to be used in accordance with paragraphs 1 and 2 shall be two-part of the amount calculated in the German mark Monthly amount. Unofficial table of contents

Section 26

(1) The entitlement to the current pension is neither transferable nor hereditary; this also applies to the claim of the widow or the widower for severance in the case of remarriage. (2) The right to the sum of the backward pension amounts and to the sum of the pension amounts. the compensation for capital is only hereditary before the fixing or before the final judgment of the court if the survivor is inherited by his spouse or his or her or the persecuted child, grandchildren or parents. Section 13 (3) shall apply. Unofficial 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. In order to determine the percentage of the pension payable as a pension, it is possible to draw up flat rates. (2) The Federal Government is also empowered to apply the monthly minimum amounts of the pension (§ 19) by means of a legal regulation. when the salaries and pensions of the federal civil servants increase due to legal regulations.

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 probable. (2) § 15 para. 2 shall apply. (3) As insignificant, damage which neither the spiritual nor the the physical performance of the persecuted person has had a lasting effect and is not likely to affect them. Unofficial table of contents

§ 29

Compensation shall be provided for:
1.
Healing procedures,
2.
Pension,
3.
capital compensation,
4.
House money,
5.
Retraining allowance,
6.
Supply of survivors.
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§ 30

(1) The extent and fulfilment of the right to a healing process shall be governed by the provisions on the accident prevention of the federal civil servants. § § 33, 34 (1) and § 51 of the German Civil Service Act and the Ordinance for 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 is not excluded by the fact that the Healing procedures have been carried out before the entry into force of this law. Unofficial table of contents

Section 31

(1) The pension is at least 25 per cent in the case of the person being persecuted and for the duration of an impairment of the earning capacity. (2) The person persecuted for at least one year has been in concentration camp and is in his capacity to work for 25 of the A hundred or more reduced, shall be presumed in favour of the right to a pension in his favour, that the persecutive reduction of the earning capacity is 25 of the hundred. (3) The pension is in a percentage of the service income (basic salary and (Housing money) of one with the persecuted in accordance with his economic position comparable federal civil servants of a grade with rising salaries. 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 must also be taken into account if this leads to a more favourable classification of the person being persecuted into a comparable group of officials. (4) In the case of the calculation of the hundred and the personal and economic circumstances of the person being persecuted, in particular his sustainable income, including pensions, benefits under the Law on the Supply of Victims of the War (Federal Supply Act), the Benefits arising from statutory pension insurance and the amounts to be acquired in spite of the fact that the acquisition is to be granted to him, as well as the degree of reduction in his ability to work and his exposure to the care of dependants. (5) In calculating the pension, the person concerned shall be entitled to (6) The pension is in the event of an impairment of the earning capacity
from 25 to 39% at least 15 and not more than 40%.
from 40 to 49% at least 20 and not more than 45%.
from 50 to 59% at least 25 and not 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 which would have been granted to the person who was persecuted in the course of the entry into a comparable civil servant group after his age of life on 1 May 1949. Unofficial table of contents

Section 32

Source of the original text: BGBl. I 1965, 1318

(1) The monthly minimum amount of the pension in the event of impairment of the earning capacity shall be
by 31 March 1957vom 1 April 1957 to 31 May 1960 from 1 June 1960 to 31 December 1960, from 1 January 1961 to 30 June 1962from 1 July 1962 to 30 September 1964from 1 January 1961 to 30 September 1964. October 1964
from 25 to 39% 100 DM 110 DM 118 DM 128 DM 136 DM 147 DM
from 40 to 49% 125 DM 138 DM 148 DM 160 DM 170 DM 184 DM
from 50 to 59% 150 DM 165 DM 177 DM 192 DM 204 DM 220 DM
from 60 to 69% 175 DM 193 DM 207 DM 224 DM 237 DM 256 DM
from 70 to 79% 200 DM 220 DM 236 DM 255 DM 270 DM 292 DM
of 80% and more. 250 DM DM 275 295 DM 319 DM 338 DM 365 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 is 250 Deutsche Mark, from 1 January 1961 300 Deutsche Mark, from 1 July 1962 315 Deutsche Mark and from 1 January 1961. October 1964 340 Deutsche Mark; women are replaced by the 65. the 60. Year of life. Sentence 1 shall apply only if the persecuted person is born before 1 January 1905. 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 earning capacity shall be assessed in order to assess the extent to which the persecuted person is mentally and physically capable of performing in general working life. The profession or a vocational training which has already been started or which has already been initiated before that date must be taken into account. (2) Status of the persecuted before the start of the persecution because of his age, not yet in the working life, the reduction and impairment of the earning capacity shall be measured according to the degree which would result in adults with the same injury to the body or health. Unofficial table of contents

Section 34

If, in addition to the impairment caused by the damage caused by the persecution, the prosecutive capacity of the persecuted person is also reduced by other causes, the amount of the pension shall be determined only by the damage caused by the persecution-related injury. Impairment of the ability to work. Section 33 (1) sentence 2 shall apply mutatily. Unofficial table of contents

§ 35

(1) The circumstances in which the calculation of the pension was based subsequently changed in such a way that the newly recalculated pension as a result of the changed circumstances deviated by at least 10 per cent from the fixed pension, the pension is to be redefined. (2) If the person 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. (3) Section 32 (2) remains unaffected. Unofficial table of contents

§ 36

For the period before 1 November 1953, the person persecuted from the beginning of the impairment of the earning capacity shall be at least 25 per cent of a capital compensation. Unofficial table of contents

Section 37

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

Footnote

Section 37 (1): Gem. BVerfGE v. 27.6.1961 I 1346 is also compatible with the GG in so far as it relates to compensation claims which have been filed before 29 June 1956 Unofficial table of contents

§ 38

A household allowance is available to the persecuted person if he or she suffers from a loss of earnings by the medical procedure and the income remaining to him is less than the pension which he/she has received in the event of an impairment of the earning capacity of 80 and more of the hundred years old. In this case, it should be assumed that 55 of the hundred of the service income which would be awarded to the person who was persecuted in the event of an entry into a comparable group of officials after his age of life on 1 May 1949 (section 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. Unofficial table of contents

§ 39

(1) The entitlement to the current pension is neither transferable nor hereditary. (2) The right to the sum of the backward pension amounts, to the capital compensation and to the house benefit is before the establishment or before the legally binding court order Decision only hereditary if the persecuted is inherited by his spouse, his children, his grandchildren or his parents. Section 13 (3) shall apply. Unofficial table of contents

§ 40

The persecuted person who is willing to retrain for another profession may be granted aid at the costs incurred if it is likely to be expected that the retraining will restore his or her capacity to perform the retraining. is going to improve. Unofficial table of contents

Section 41

(1) If the persecuted person has died later than eight months after the conclusion of the persecution which caused his death, the consequences of the injury to his or her body or his health are deceased, his survivors shall be subject to benefits in accordance with the provisions of § § 16 up to 26. In doing so, the consecration of the deceased person to a comparable civil servant group is determined in accordance with § 31 (3). (2) It is sufficient that the causal relationship between the damage to the body or health and the death based on the persecution is sufficient. is likely. § 31 (2) shall not apply. (3) For the first three months after the end of the month in which the persecuted person has died, his survivors shall be entitled to the pension pursuant to paragraph 1 as a supply to the person who has been persecuted for his damage to the body or health lastly, if this is more favourable to the surviving dependents. Unofficial table of contents

§ 41a

(1) If a person who has been persecuted for a pension up to the death of at least 70 of the hundred has not died from the consequences of the injury suffered by his or her body or his health, shall be granted for the duration of the following: (2) The aid shall be granted in the amount of two-thirds of the pension awarded by the widow and the children in the following year. (3) (3) paragraphs 1 and 2 shall apply mutatily to the widower under the Requirements of § 17 (1) no. 2. Unofficial 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 an overview of the average salary (basic salary and housing allowance) of the federal civil servants of the simple, medium-sized, medium, as the basis for calculating pensions and capital compensation. Higher and higher service, broken down by age of age. 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 authorized 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 Office, Section D. (3) The Federal Government is also authorized, by means of a decree law, to pay the monthly minimum amounts of the pension (§ 32) if the salaries and pensions of the federal civil servants increase due to legal regulations.

Third Title
Damage to freedom

I.
Deprivation of liberty

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Section 43

(1) The person persecuted shall be entitled to compensation if he has been deprived of the liberty of liberty in the period from 30 January 1933 to 8 May 1945. This shall also apply where a foreign State has withdrawn freedom under the contempt of the principles 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 led by the National Socialist German government for the deprivation of liberty;
In the case of the deprivation of liberty made by the governments of the states of Bulgaria, Romania and Hungary on the grounds of race, 6 April 1941 shall be deemed to be the date for the commencement of the German initiative. 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 carried out under detention conditions, forced labour under Detention conditions and membership of a criminal or The probation unit of the Wehrmacht was equally respected. Unofficial table of contents

Section 44

(1) Where freedom has been withdrawn in connection with a criminal conviction, compensation in cases of doubt may be made subject to the conviction in the retrial or to the legislation relating to: (2) The annulment or amendment of a criminal conviction is to be proved by the court decision, by which the court order 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. Unofficial table of contents

§ 45

The compensation in accordance with § 43 shall be made as a compensation of capital. 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. Unofficial table of contents

Section 46

(1) The right to compensation for deprivation of liberty is not transferable before the determination or before a final court decision. (2) The claim is only hereditary before the determination or before the final judicial decision has been made. if the persecuted person is inherited by his spouse, his children, his grandchildren or his parents. § 13 (3) shall apply. (3) The claim shall be 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

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§ 47

(1) The person persecuted shall be entitled to compensation if, in the period from 30 January 1933 to 8 May 1945, he or she lived the Judenstern or lived in illegality under inhumane conditions. (2) The persecuted person has a false name , it is assumed that he lived under inhumane conditions in the illegality. Unofficial table of contents

§ 48

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

§ 49

If the persecuted person is entitled to compensation for deprivation of liberty pursuant to § 43 for the period in which he or she has carried the Judenstern or lived under inhumane conditions in the illegality, the right to compensation shall be waived in so far as he is entitled to compensation. for freedom limitation. Unofficial table of contents

§ 50

The right to compensation for restriction of liberty shall be transferable in accordance with § 46 and hereditary. § 46 (3) applies to the exemption from inheritance tax.

Fourth Title
Property damage

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Section 51

(1) The person persecuted shall be entitled to compensation for damage to property if a thing belonging to him at the time of the injury is destroyed in the territory of the empire according to the status of 31 December 1937 or in the territory of the Free City of Gdansk, dismisses or dismisses him or her. (2) In the case of the pillaging, it should be considered in particular that persons belonging to the persecuted person who have exercised or have been accused of being subjected to an empowerment or to a person who are being persecuted shall be deemed to have been subject to the (3) The persecuted person shall be entitled to compensation even if: he had to abandon him belonging to him in the territory of the empire according to the status of 31 December 1937 or in the area of the Free City of Gdansk without his or her interests trusting his interests, because
1.
he has been deprived of his freedom, or he has lived in illegality,
2.
he has emigrated or fled to escape Nazi-style violence,
3.
it has been expelled or deported for the purposes of the 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, shall be presumed to have suffered the damage has been caused by national-socialist violence. Unofficial table of contents

Section 52

(1) The compensation in accordance with § 51 shall be calculated in the German mark. (2) The amount of the compensation shall be determined according to the replacement value of the destroyed or lost cause within the scope of this law. The value of the replacement value at the time of the decision is decisive, taking into account the value of the object 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 incurred by the The scope of this law would be to be applied 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. Unofficial table of contents

Section 53

Where a successor organisation established on the basis of restitution legislation is entitled to a refund or transfer of a case under the legislation for the restitution of fixed assets or to the legislation governing the transfer of organisational assets, this successor organisation shall also have 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 decision has been taken, 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. Unofficial table of contents

§ 54

(1) If the persecuted person has lost his or her household by destruction, embezzling, surrender or by impuncture, he/she may, before the right to claim the right to claim the right to claim the right to claim the right of appeal, to take the right to claim The compensation in accordance with § 51 requires a flat-rate payment. This amounts to 1: 1 converted into Deutsche Mark, which is one-and-a-half times the net income of the person who was persecuted in 1932, but not more than 5,000 Deutsche Mark. (2) If persecuted spouses lost household goods, they shall be entitled to the Flat-rate cut-off together, regardless of who has been the owner of the house council. 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. Unofficial table of contents

§ 55

(1) The compensation in accordance with § § 51, 54 may not exceed the amount of 75,000 Deutsche Mark for the individual persecuted person. This shall also apply if the persecuted part alone, partly because of its membership of a community or fraction of a fraction, which is neither a non-judicial association nor a non-judicial society of civil law or of the (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 to be paid to the successor organisation point of the individual persecuted.

Fifth Title
Damage to assets

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§ 56

(1) The person who has been persecuted shall be entitled to compensation if he has been damaged in his property situated in the territory of the Reich after the date of 31 December 1937 or in the territory 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 property or property, but is also damaged in the condition of this property or property. (3) The person who has been persecuted shall be entitled to compensation even if he/she is entitled to compensation for the loss of property or property. (3) if a emigration or their preparation has resulted in a loss of transfer. It is a condition that the person being 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 sum he would have received if he had been 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 the German mark in the ratio of 10: 2. Damage to use will not be replaced. (4) The persecuted person belongs to a group of persons who, in its entirety, exclude the National Socialist German government or the NSDAP from the cultural or economic life of Germany , it is presumed that the damage to property has been caused by National Socialist violence. Unofficial table of contents

Section 57

(1) The person who has been persecuted or has been expelled from the territory of the Reich from the territory of the territory of 31 December 1937 or the territory of the Free City of Gdansk from 30 January 1933 to 8 May 1945, as a result of the reasons for persecution of § 1 of the period from 30 January 1933 to 8 May 1945, shall be entitled to the replacement of the necessary expenses incurred as a result of the emigration or expulsion; the same shall apply to the necessary expenses incurred as a result of the return migration. Article 56 (1) sentence 4 and subsection (2) shall apply. (2) Paragraph 1 shall apply accordingly if the persecuted person is immigrated after emigration has been completed as a result of the threat of national-socialist violence. (3) (4) The compensation referred to in paragraphs 1 to 3 may be the sum of the total number of persons persecuted for the sum of the total amount of the total amount of the total amount of the total amount of the total amount of the total amount of the total amount of the compensation paid. German mark does not exceed. Unofficial table of contents

Section 58

The compensation in accordance with § § 56, 57 may not exceed the amount of 75,000 Deutsche Mark for the individual persecuted person. In other respects, § 55 shall apply.

Sixth Title
Damage due to payment of special charges, fines, fines and costs

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§ 59

(1) The person persecuted shall be entitled to compensation for special charges which have been imposed on him for the purposes of the persecution of § 1. Damage to use shall not be replaced. (2) Special charges shall also apply:
1.
the loss suffered by the person being persecuted from the enforcement of a home-sale contract;
2.
the charges to the Deutsche Golddiskontbank for obtaining an export permit;
3.
the payment of the Reichsescape tax;
4.
the payment of sowing surcharges, interest on arrears, bank charges and enforcement costs incurred on the occasion of the payment of special charges.
Charges levied on the Deutsche Golddiskontbank and the payment of the Reichselled tax are considered to be special charges only if the persecuted person has been obliged to emigrate for the purposes of the persecution of § 1. Unofficial table of contents

§ 60

(1) The person persecuted shall be entitled to the claim in accordance with § 59, even if the special levy has been paid in whole or in part by means of assets subject to the refund. The restitution claims due to the persecuted person shall be paid 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 which have been 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. The following are also to be considered in advance and loans granted on the basis of a settlement in accordance with the provisions of the refundable financial liabilities of the German Reich and equivalent entities. (2) Has the persecuted person the special levy is paid in whole or in part on the proceeds of an asset subject to a refund and is, in accordance with the legislation for the restitution of fixed assets, to be returned to the purchase price, or on the assignment of the restitution claim on account of the unearned or of the purchase price not made available in his/her free disposal, the claim in accordance with § 59 shall be converted into Deutsche Mark in the ratio of 10: 1 to the extent to which the purchase price is not available. 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. Unofficial table of contents

Section 61

(1) The person persecuted shall be entitled to compensation for paid fines and fines, insofar as these have been imposed on him for the purposes of the persecution of § 1. The claim shall apply only if, at the time of the imposition of the fine or penance, the person being persecuted has had his residence or permanent residence in the territory of the Reich after the date of 31 December 1937 or in the territory of the Free City of Gdansk, or if: the fine or the fine in those territories has been paid or recovered. 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. Unofficial table of contents

Section 62

The person persecuted shall be entitled to compensation for judicial and necessary out-of-court costs in so far as the costs are incurred as a result of criminal proceedings or a criminal proceedings against him on the grounds of persecution of § 1. has been made. The claim shall apply only if, at the time of the conclusion of the proceedings, the person being persecuted has had his residence or permanent residence in the territory of the Reich after the date of 31 December 1937 or in the territory of the Free City of Gdansk, or if the Procedures in these areas have been pending. 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. Unofficial table of contents

§ 63

If the persecuted person belongs 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 has been caused by the payment of special charges, fines, fines and costs by means of national-socialist violence.

Seventh Title
Damage in professional and economic progress

I.
Principle

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Section 64

(1) The person being persecuted shall be entitled to compensation for damage in the professional and economic progress if he has been persecuted in the course of a persecution commenced in the territory of the Reich after the date of 31 December 1937 or in the territory of the Free City of Gdansk, in has not only been marginally disadvantaged in his professional career or in his economic progress. If the persecuted displaced person is within the meaning of § 1 of the Federal Law on Displaced persons (Bundesvertriebenengesetz), he shall have the right even if the persecution has begun in the area of displacement. (2) The persecuted person belongs to a group of persons who, in its entirety, is the person who is the person who is persecuted. The National Socialist German Government or the NSDAP intended to exclude Germany from the cultural or economic life of Germany, it is assumed that the damage in the professional and economic progress is caused by national-socialist violence has been caused.

II.
Damage in professional progress

1.
Term

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Section 65

There is a damage to professional progress if the person persecuted in the use of his or her work force has been damaged.

2.
Self-employed occupations

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Section 66

(1) The person being persecuted shall be entitled to compensation if he has been expelled or substantially limited in the exercise of self-employment, including agricultural and forestry or industrial activity. (2) The person concerned shall be entitled to compensation. self-employment is the management of the active participant of a capital company of the commercial law, which was involved with more than 50 of the hundred in the capital of the company. (3) Essential is usually the Limitation of self-employment, if the restriction in the Total time of injury has resulted in an income reduction of more than 25 of the hundred. Unofficial table of contents

Section 67

(1) The person who has been persecuted shall be entitled to the resumption of his former self-employed or self-employed activity by granting the necessary authorisations, authorisations and rights of reference. is made possible. The question of public needs must not be examined. Where the granting 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. (2) The persecuted person who was admitted to the practice before 4 September 1939 under German law as a doctor, dentist or dentist and who has not yet been re-registered shall continue to be subject to the following conditions: than admitted to the cash practice. (3) Paragraph 1 does not affect the provisions relating to the personal and professional conditions on which access to certain professions is dependent. (4) The persecuted person shall be entitled to: that it is exempted from an examination which has been introduced in the meantime 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. Unofficial table of contents

Section 68

(1) Persecuted persons shall be given priority in the award of public contracts, without prejudice to the rules applicable to non-performing areas. This also applies to companies in which persecuted persons are significantly involved. (2) A preferred consideration in the award of public contracts is eliminated if the persecuted person in the economic and social life in one of his former economic and social conditions. Unofficial table of contents

Section 69

(1) The person who has been persecuted shall be entitled to interest-free or interest-rate loans to the extent necessary for the resumption of his former self-employed or self-employed activity of self-employed activity, which he or she does not have (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 applies to those who are subject to a limited amount of persecution in the exercise of his self-employment if he requires the loan to fully develop his former gainful activity. (3) The maximum amount of the loan is 30,000 Deutsche Mark. Unofficial table of contents

Section 70

(1) If, at the beginning of the persecution, the person concerned has pursued a number of self-employed activities, he is entitled to a loan for the resumption of any previous gainful activity. (2) The total amount of several loans may be granted to the person concerned. The maximum amount of Section 69 (3) shall not exceed. Unofficial table of contents

Section 71

The loan agreement shall be concluded in accordance with the following conditions:
1.
The loan is generally to be galvanissed with three per annum;
2.
the loan is to be repaid after two years of grace, at the latest during the course of another ten years;
3.
the loan shall, where possible, be secured, in particular through the appropriation of goods obtained from the loan;
4.
the borrower is obliged to provide information annually on the use of the loan; on request, he has access to his business management, in particular his business books; a deterioration of his professional career and economic circumstances which could endanger the repayment of the loan, he has to notify without delay;
5.
the loan agreement may be terminated without notice from an important reason in the person or in the circumstances of the Darlehnsacceptor.
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Section 72

(1) Muß the persecuted to take up his former or equivalent employment in particularly aggravating conditions and may, for this reason, be entitled to initial expenses, including reasonable living expenses, by the In the case of loans which are not sufficiently balanced, it is entitled to an additional loan, the repayment of which can be waived in the case of verifiable use. (2) Particularly aggravating conditions within the meaning of paragraph 1 may be available in particular when the person pursues his/her employment more for a period of five years had to be interrupted if it had to be taken in a place other than the previous one, if it had lost its business assets and could not regain it to a sufficient extent by means of a refund, if the (3) The maximum amount of the additional loan amounts to 20,000. (3) The maximum amount of the additional loan amounts to 20,000. German mark. (4) § 71 shall apply mutatily with the proviso that the additional loan shall always be is to be granted without interest. Unofficial table of contents

Section 73

(1) § 69 (1) and (2), § § 70, 71, 72 (1), (2) and (4) shall apply to the surviving spouse and the children of a deceased persecuted person, if they have resumed the former employment of the persecuted person, or (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). Unofficial table of contents

Section 74

The person who has been persecuted shall be entitled to compensation for the period of displacement or of the essential restriction in his self-employment. The compensation consists in a capital compensation or in a pension. Unofficial table of contents

§ 75

(1) The indemnification of the capital shall not be carried out beyond the date in which the person pursuing his or her former or equivalent employment has resumed his or her work in full. The same shall apply if the person being persecuted has taken up gainful employment, which provides him with a sufficient basis of life; it is presumed that this was not the case until 1 January 1947, when the person being persecuted at that time was his residence or permanent residence within the scope of this law. (2) A livelihood is sufficient if the persecuted person who was expelled from his self-employed activity or has been substantially restricted in the pursuit of such an activity has achieved or has achieved sustainable income, which is the average income of persons with the same or similar vocational training; the person being persecuted is to be classified in the comparable civil servant group, which is the determining factor in the calculation of the compensation for capital according to Article 76 (1). (3) Has the persecuted person no claim 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 shall be added to the average income referred to in paragraph 2 by an amount of 20 per 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. (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 resulting from the displacement or restriction, or if he is entitled to such compensation by: Unquestionable notice, final court decision or settlement has been granted, the right to compensation of capital shall be waived in this respect. Unofficial table of contents

Section 76

(1) If the person being persecuted has been expelled from his/her gainful employment, the capital compensation shall be calculated on the basis of three quarters of the remuneration which 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 officer 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 person being persecuted, who was only at the beginning of the exercise of his profession, must be duly taken into account. (2) If the person being persecuted has been substantially restricted in the exercise of his employment, paragraph 1 shall apply: , subject to the proviso that capital compensation shall be fixed at the level resulting from the ratio of the reduction in income caused by the restriction 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 is fixed at the level resulting from the ratio of the reduction in income caused by the restriction to this average income. (3) If the person persecuted does not have a claim or a claim to Life-long supply according to civil service law or principles or at rest and survivors ' pensions, the sum of the deductions calculated in accordance with paragraphs 1 or 2 shall be added to the sum of 20 of the hundred. (4) The total time during which the person persecuted from his gainful activity is displaced or in the exercise of which it was substantially restricted, shall be treated as a single injury period. The same shall apply to individual periods of time during which the person being persecuted was expelled from his or her gainful employment or was substantially restricted in its exercise. Unofficial table of contents

Section 77

The amount calculated in accordance with section 76 (1), (3) and (4) shall be deducted from the income earned during the entire period of compensation by other means of utilization of the labour force, to the extent that, together with the amount calculated in accordance with Article 76 (1), the amount of the income is to be deducted from the amount of the income attainable service remuneration of a comparable federal official. Section 76 (2), second sentence, shall apply. The income obtained before 1 July 1948 shall not be taken into account. Unofficial table of contents

Section 78

The capital compensation shall be 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. Unofficial table of contents

§ 79

(1) The period for which the capital compensation is made shall end at the latest at the time when the person being persecuted is actually no longer able to work. It is presumed that this is the case when the persecuted the 70. (2) Paragraph 1 shall not apply if the incapacity for work of at least 50 is due to the hundred-year-related reasons. Unofficial table of contents

§ 80

If the conditions for the performance of a capital compensation continue after the determination or by a final court decision, the annual amount of the financial compensation referred to in section 76 shall be the basis of the calculation of the financial compensation in question. Monthly instalment payments until the maximum amount of the capital compensation (§ 123) is reached. Unofficial table of contents

§ 81

The person who has been persecuted 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. Unofficial table of contents

Section 82

(1) The requirement for the right to vote in accordance with § 81 is that the person persecuted at the time of the decision does not pursue an activity which provides him with a sufficient basis for life, and that he does not have the right to take up such an employment is to be granted. 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. (2) § 75 (1) to (3) shall apply. (3) The pursuit of gainful employment, which provides a sufficient basis for life for the persecuted person, shall be equal to the provision of an activity formerly carried out. Unofficial table of contents

Section 83

(1) The pension shall be calculated on the basis of two-thirds of the pensions of a comparable Federal official. 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 person being persecuted shall be presumed to be at the date of entry into force of this Act. (2) The monthly maximum amount of the pension shall be
by 31 March 1957 = 600 DM
from 1 April 1957 to 31 May 1960 = 630 DM
from 1 June 1960 to 31 December 1960 = 660 DM
from 1 January 1961 to 30 June 1962 = 700 DM
from 1 July 1962 to 30 September 1964 = 735 DM
of 1. October 1964 to 31 December 1965 = 785 DM
from 1 January 1966 = 1,000 DM.
(3) If the person who has been persecuted has chosen the pension, he shall receive compensation for the period before 1 November 1953 in the amount of the pension benefits of one year. Unofficial table of contents

Section 84

The right to vote in accordance with § 81 shall be exercised until the expiry of a period of three months or, if the persecuted person resides in the non-European foreign country, by the expiry 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. Unofficial table of contents

Section 84a

If benefits have already been effected on the claim of the person who has been persecuted for damage in the course of professional advancement before the exercise of the right to vote or before the right of establishment or final judicial award of the pension, the benefits shall be paid to the person concerned. for the period before 1 November 1953 and for the pension to be charged fully; they may also be credited to other claims or reclaimed. Unofficial table of contents

§ 85

(1) If the persecuted person is deceased after having been determined or legally granted the pension and after exercising the right to vote, then the widow shall stand up to her remarriage and to the children as long as he has been after him until 31 December 2008. On the basis of the Staff Regulations, the right to a pension may be granted in respect of the right of civil servants in force in December 1974. The claim shall not exist if the marriage has been concluded after 29 June 1956. (2) The pension of the widow is 60 of the hundred and the pension for each child 30 of the hundred of the pension granted or granted to the persecuted pursuant to § 83 had. The pension is to be deducted from other pensions paid out of German public funds on account of the death of the person being persecuted, in so far as the pension covers the amount of 150 Deutsche Mark, as from 1 January 1961 the amount of 200 Germans Mark, from 1. (3) The pensions referred to in paragraph 2 shall not, together, exceed the pension of the person who is being persecuted. If, in the case of an aggregation of pensions, a higher amount is obtained than the pension of the person being persecuted, 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 Article 17 (1) (2). Unofficial table of contents

Section 85a

(1) If the person persecuted after the exercise of the right to vote, but before the establishment or final judicial award of the pension has died, and before his death, the conditions for the right to vote in accordance with § 82 have been fulfilled, the widow shall stand up to her Remarriage and the children, as long as they may be granted child allowances in accordance with the official law applicable until 31 December 1974, the right to a pension. The claim consists only if the widow himself has been persecuted or has been affected by the persecution; he does not exist if the marriage has been concluded after June 29, 1956. (2) § 85 (2) to (4) apply. (3) Are on the Entitlement of the person to be persecuted for damage in the course of professional progress has already been effected, so these are to be fully charged to the 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. Unofficial table of contents

§ 86

(1) If the persecuted person is deceased within the period laid down in § 84 without exercising the right to vote according to § 81, the widow may exercise the right to vote. The time limit for exercising the right to vote in accordance with § 84 begins with the day on which the persecuted person died. (2) If the persecuted person died before the beginning of the period of § 84 without having exercised the right to vote, and before his death, the person who had been persecuted died. The widow may exercise the right to vote if she is himself a persecuted person or has been involved in the persecution. § 84 corresponding application shall apply to the exercise of the right to vote by the widow. (3) If the widow chooses to retire, 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). In the cases referred to in paragraph 2, in which the person persecuted before the entry into force of this law has died, the compensation shall be distributed in the course of the exercise of the choice of a pension. the widow pays the pension as of 1 January 1960. Article 83 (1), third sentence, 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 who has been 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 the pension is not granted for one year. (5) If benefits have already been provided for the right of the person to be persecuted for damage in the course of professional progress, the benefits shall be: the pension and 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 beneficiary. (6) Paragraph 4 shall apply in the cases of Section 4a. (7) (1) to (4) 6 shall apply mutatily to the widower under the conditions of § 17 (1) no. 2.

3.
Independent occupations

A.
Private Service

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Section 87

(1) The person being persecuted shall be entitled to compensation if he has been harmed in the private service by dismissal, early retirement or by displacement to a significantly lower paid employment. (2) Lower paid employment is generally available if the displacement in the total period of the injury has resulted in an income reduction of more than 25 per cent. Unofficial table of contents

Section 88

§ 87 shall apply mutatily if:
1.
the person being persecuted has been terminated by his employer in accordance with the statutory, contractual or tariff provisions, provided that the employment relationship would have been continued after the traffic or the circumstances of the individual case, if: would not have provided any of the grounds for persecution of § 1;
2.
a fixed-term employment relationship has not been renewed, provided that, in accordance with the conditions of transport or the circumstances of the individual case, the renewal would have been expected if none of the reasons for the pursuit of § 1 were to be found;
3.
the persecuted person has lost his place of work by deprivation of liberty, a prohibition of his profession or by the fact that, in order to escape Nazi violence, he or she has emigrated or fled, or has lived in or out of the country of illegality. The reasons for the persecution of § 1 have been expelled or deported;
4.
the unemployed person has not obtained a job for the reasons set out in point 3 or has been left out of work for the reasons of persecution of § 1;
5.
the worker has lost his job by having the employer cease to work in the course of the persecution and that the employee has not found equivalent employment in his service to that employer;
6.
the tasks of the employers ' association have been transferred to another association under national-socialist organisational measures and the employee is transferred from the general takeover to the service of this Association has been excluded.
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§ 89

(1) The person who has been persecuted shall be entitled to 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 an equivalent job is incumbated with each (3) The employer or his/her legal successor may be granted the right to grant the right to grant access to the employer or to the person who is the employer. former or equivalent workplace, if:
1.
it is not in a position to comply with this claim for compelling economic or operational reasons;
2.
in the presence of a number of undertakings, another employer shall be deemed to be obliged to fulfil the claim in the first place, having regard to all the circumstances, at the reasonable discretion of the employer.
(4) Where the obligation to grant the former or an equivalent workplace is determined by an indisputable decision or by a legally binding judgment, the employment relationship shall be deemed to be restored. Unofficial table of contents

Section 89a

Those who, without their fault, have not yet taken up a permanent job in the previous or aspired profession, should be given preferential treatment by the agencies for work in vacant places of work. Unofficial table of contents

§ 90

If the persecuted person has taken up an activity in a self-employed capacity, or if he proves that he meets the conditions for the successful admission of such an activity, then § § 69, 71 shall apply. § 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

Section 91

The person who has been persecuted shall be entitled to compensation for damage caused to him by dismissal, early retirement or by displacement into a considerably lower paid employment. The compensation consists in a capital compensation or in a pension. Unofficial table of contents

§ 92

(1) § § 75, 76 (1), (2) and (4), § § 78 to 80 shall apply to the capital compensation. (2) If the persecuted person has no entitlement or no entitlement to a life-long supply in accordance with civil service law, or The sum of the deductions calculated in accordance with paragraph 1 shall be added to the sum of 20 of the hundred and shall be added to the principles or to the rest of the life and to the survivor ' s pension. The surcharge of 20 of the hundred is not required if the persecuted right to compensation is in accordance with § § 134 to 137. (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 or similar benefits to be attributed to the person being persecuted in the private service by a former employer or his successor in the case of a private service or receives. Unofficial table of contents

Section 93

The person who has been persecuted 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 amount of the compensation paid to him pursuant to § 92 must be taken into account appropriately. Unofficial table of contents

Section 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 its profession; in the case of women, it is replaced by the 65. the 60. Year of life. Unofficial table of contents

§ 95

(1) The monthly maximum amount of the pension shall be
by 31 March 1957 = 600 DM
from 1 April 1957 to 31 May 1960 = 630 DM
from 1 June 1960 to 31 December 1960 = 660 DM
from 1 January 1961 to 30 June 1962 = 700 DM
from 1 July 1962 to 30 September 1964 = 735 DM
of 1. October 1964 to 31 December 1965 = 785 DM
from 1 January 1966 = 1,000 DM.
(2) The monthly minimum amount of the pension is 100 Deutsche Mark. (3) The monthly minimum amount of the pension is reduced to the extent that, together with pensions or recurring benefits from German public funds, the amount of the pension is reduced. 300 Deutsche Mark per month. The amount of 300 Deutsche Mark is increased by 60 German marks per month in the case of married persecuted persons and by 20 Deutsche Mark in the case of each child for which child allowances valid until 31 December 1974 can be granted child allowances in the Month. As of January 1, 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. The person persecuted shall, however, receive at least the amount of the pension calculated in accordance with § 93. Unofficial table of contents

§ 96

(1) The right to vote in accordance with § 93 shall be made up to the expiry of a period of three months or, if the persecuted person resides in the non-European country, until the expiry 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 accordingly. Unofficial table of contents

Section 97

(1) If the persecuted person is deceased after determining or legally granting the pension and after exercising the right to vote, Article 85 shall apply mutatily. The calculation of the pension shall be based on the pension which has been or would have been granted to the person persecuted 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 (3) applies accordingly. 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. Unofficial table of contents

§ 97a

If the persecuted person is deceased after the exercise of the right to vote, but before the determination or final judicial award of the pension, § 85a shall apply mutatily. The pension is to be calculated in accordance with § 97. Unofficial table of contents

Section 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

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§ 99

(1) The persecuted members of the public service (§ § 1, 2, 2a of the law governing the restitution of national-socialist injustice for members of the civil service) shall be entitled to compensation for the period before 1 April In 1950, the following measures have been taken to the effect that the following measures have been taken:
1.
in the case of civil servants and professional soldiers
a)
Termination of service on the basis of criminal law,
b)
removal from service,
c)
Dismissal without supply or with a reduced supply,
d)
early retirement,
e)
the delay in the waiting period,
f)
Translation into an office or a post with a lower final basic salary;
2.
in the case of supply recipients
a)
Pre-retirement of pensions,
b)
Reduction of pensions;
3.
for employees and workers
a)
Dismissal,
b)
early termination of the employment relationship,
c)
Use in an activity with lower remuneration or lower wages;
4.
In the case of non-official professors and private lecturers, the scientific higher education of the teaching authority (venia legendi).
It is presumed that the service or employment relationship would have lasted beyond 8 May 1945 if it had still existed without the persecution at that time. (2) As a dismissal, early retirement, pre-abstention of the The following shall also apply to pensions or to the withdrawal of the teaching authority within the meaning of paragraph 1, which have had the same effect on the law. 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 members of the public service. Refusal of re-use and in the case of persecuted persons whose service has ended with the filing of the examination concluding the preparatory service, the non-acceptance as an extrabudgetary official. (3) § § 1 to 14, 64 shall apply. Unofficial table of contents

§ 100

The right to compensation does not exist if an equal measure for official or collective bargaining reasons, which are not related to national-socialist violence measures, 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. Unofficial table of contents

§ 101

In the case of a measure pursuant to section 99 (1) (1) and (2) of this measure, or if it has been pronounced by a criminal part or by a service criminal act, or if it is the legal consequence of such a judgment, § 44 shall apply accordingly. The annulment of the judgment is the same as the elimination of the legal consequences of the judgment or the supply-law of the judgment in the way of mercy.

b)
Officials

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Section 102

(1) The official who has received a remuneration on the basis of one of the measures referred to in Article 99 (1) (1) shall be entitled to a capital compensation if he/she is
1.
has received no pensions, in the amount of three quarters of the remuneration last paid to him;
2.
In the case of a pension or a lower salary, the remuneration has been reduced to three-quarters of the remuneration paid to him by that date.
(2) Salary cuts due to the regulation of the President of the Reich to secure the economy and finance of 1 December 1930 (Reichsgesetzblatt I, pp. 517, 522), the Second Regulation of the President of the Reich to secure the economy and finance of 5 June 1931 (Reichsgesetzbl. 279, 282) and the Fourth Regulation of the President of the Reich on the safeguarding of the economy and finance for the protection of the inner peace of 8 December 1931 (Reichsgesetzbl. 699, 738) shall only be taken into account for the period in which they have been subject to the provisions of the Reichs and Federal Officials. (3) In the event of injury, the official concerned was in the waiting period (retired), paragraphs 1 and 2 shall be found with the (4) The officials at the time of injury shall be subject to three-quarters of the last remuneration in lieu of a capital compensation. a prescribed or customary career examination, but not yet acquired in a scheduled position, Paragraphs 1 and 2 shall apply, subject to the proviso that, in place of a capital compensation of three quarters of the last remuneration, a capital compensation of three quarters of the remuneration of the entry level of the service provided for in the service shall be paid. occurs. 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. Unofficial table of contents

Section 103

Retired officials, widows and orphans, who have been completely or partially denied pension benefits (Section 99 (1) no. 2), are entitled to a capital compensation in the amount of the pension paid. Unofficial table of contents

Section 104

(1) A surviving survivor of a persecuted official or recipient of a pension who has received no or only shortened pension rights as a result of a measure directed against the persecuted (§ 99 (1) (1) and (2)) Entitlement to a capital compensation in the amount of the survivor's deductions resulting in accordance with the general civil service regulations on the basis of the compensation of the capital which would have been granted to the persecuted person in accordance with § § 102, 103. (2) that the surviving dependants are satisfied with the conditions laid down in § 4 is fulfilled. For the rest, § § 5 to 14 shall apply. Unofficial table of contents

Section 105

In the case of an official or a recipient of a pension who has been damaged on the basis of several successive measures (Section 99 (1) (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. Unofficial table of contents

Section 106

For the assessment of the compensation in accordance with § § 102 to 105, the provisions of the pay and supply law applicable to the federal civil servants on 1 April 1951 shall be applied. In so doing, the remuneration, insofar as they would be durable, and the children's surcharges should be taken as a basis. Unofficial table of contents

Section 107

(1) The capital indemnification in accordance with § § 102 to 106 shall be paid for the same period of remuneration, capital severance, maintenance contributions, benefits and similar benefits from German public funds, with the exception of benefits of unemployment insurance and unemployment insurance. References already taken into account in the calculation of the compensation for capital (Section 102 (1) (2), § § 103, 104) shall not be taken into consideration in the course of the calculation. (2) A person entitled to earn an income by re-using his/her labour force , the financial compensation shall be obtained in so far as it, together with the income and benefits referred to in paragraph 1, is
1.
in the case of a dismissed official who retired or was in the waiting state, the official income which the official would have achieved in the case of a regular service career,
2.
in the case of a resting or waiting officer, the pensionable remuneration, which is the basis for the pension or the waiting allowance,
3.
in the case of a widow 75 of the hundred of the remuneration referred to in point 2,
4.
in the case of an orphan, 40 of the hundred of the remuneration referred to in point 2
does not exceed. The income obtained before 1 July 1948 shall not be taken into account.

c)
Professional soldiers

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Section 108

(1) § § 102 to 107 shall apply to professional soldiers of the former Wehrmacht as well as their survivors. (2) For the dimensioning of the dormant salary according to grades A and B, the provisions of Section 20 (1) of the Act are to be applied. Regulation of the restitution of national-socialist injustice for members of the civil service as a table attached to the table. The determination of the salary earner in grade A grades shall be determined in accordance with the rules applicable to civil servants, in particular in respect of which remuneration shall be considered to be a service salary which is capable of being held by civil servants. The law governing the implementation of § 20 of the Act to regulate the reparation of national-socialist injustice for members of the civil service. (3) The Wehrmacht (Wehrmacht) belong to the former Wehrmacht in the sense of the Defense Act of 21 May 1935 (Reichsgesetzbl. 609), the Reichswehr and the old Wehrmacht (Heer, Marine, Schutztruppe).

d)
Employees and workers

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§ 109

§ § 102 to 107 shall apply to employees and workers (Section 99 (1) (3)) who, at the time of the injury, had a contractual right to supply according to official law principles or to Ruhelohn, or to which such a claim without the damage, as well as to their survivors ' application. Unofficial table of contents

§ 110

(1) § § 87, 88, 90 to 98 shall apply to employees and workers (Section 99 (1) (3)) who, at the time of the injury, did not have a contractual right to supply according to official law principles or to helmets, and such a claim also (2) The employees and the workers referred to in paragraph 1 as well as their survivors shall, by way of derogation from Article 99 (1), have the right to compensation also for: the period after 1 April 1950, but not later than the date of the date on which it is References according to § 21a of the Act to regulate the restitution of national-socialist injustice for members of the civil service are obtained.

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

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Section 111

(1) Non-official professors and private lecturers at the academic institutions of higher education (Section 99 (1) (4)) are entitled to a capital compensation in the amount of three quarters of the remuneration that would have been granted to them if they were to be paid. at the time of the injury, a dietary lectureship had been transferred 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 accordingly.

C.
Service for religious societies

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Section 112

§ § 109, 110, 88 shall apply to persecuted persons who have been in the service of religious societies or Jewish public institutions and who have been harmed in this service, and to their survivors. The right to compensation also exists for the period after 1 April 1950, but at the most until the date on which current remuneration is due under the law governing the restitution of national-socialist injustice for relatives. of the public service.

4.
Injury in self-employed and self-employed activities

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Section 113

(1) If the persecuted person has been self-employed and self-employed and has only been damaged in one of the two gainful activities, only the provisions governing such damage shall be decisive for the compensation. (2) Is the person persecuted has been harmed in both its self-employed and self-employed activities, it is essential for the right to capital compensation or for the pension from which activity it is not only temporarily the higher (3) Is the income of the persecuted person from his self-employed person and of his or her employed gainful employment, his entitlement to capital compensation or to pensions such as that of a self-employed person is to be treated.

5.
Non-inclusion of gainful employment despite completed vocational training

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Section 114

(1) The person who has been persecuted and who, despite completed vocational training, has not been able to take up employment in the course of persecution under § 1, and his survivors, shall be entitled to compensation in accordance with § § 66 bis 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, one for the admission of this profession has not obtained the required state approval. In this case, the compensation shall be provided at the earliest from the date on which the person persecuted could have taken up the profession he had sought. (3) If the circumstances of the persecution are to be presumed to have been in the absence of a self-employed person, , the persecuted person and his survivors are entitled to compensation in accordance with § § 87, 90 to 98. (4) The consecration of the persecuted person to a comparable group of officials is determined after his or her vocational training and after his or her presumed (5) Paragraphs 1 to 3 shall not apply if the persecuted person or his or her Survivors receive compensation in accordance with § 102 (4) sentence 2, § § 104 to 107. Unofficial table of contents

§ 114a

(1) § 114 (1) shall apply if the persecuted person who has sought the profession of a teacher at a scientific university has taken the prescribed or customary state or scientific examinations and (2) The compensation shall be provided at the earliest from the date of the date of the award, in accordance with § § 87, 90 to 98, at the earliest, in accordance with § § 87, 90 to 98. that the persecuted profession could have taken up. (3) § 114 (4) and (5) appropriate application.

6.
Damage in training

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§ 115

(1) The damage in the 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 aspired training or by the forced or forced (2) § 67 (1), (3) and (4) shall apply mutatily. Unofficial table of contents

Section 116

The persecuted person is entitled to a capital compensation of 10,000 German marks. Unofficial table of contents

Section 117

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

Section 118

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§ 119

(1) Children who, because of the persecution of their parents, have not been able to take up or terminate their professional training or pre-vocational training, as long as they have been subject to the official law applicable until 31 December 1974. Children's surcharges may be granted, entitlement to an allowance for the necessary expenses incurred in the recovery of their training. The claim consists only in so far as the parents are unable to pay the costs of the training from their own resources because of the persecution. (2) It is sufficient for the children to fulfil the conditions of § 4. For the rest, § § 5 to 14 shall apply. (3) The aid shall be paid in part amounts corresponding to the needs during the duration of the training. The aid may not exceed the sum of 10,000 German Marks for each child. (4) The aid must be calculated on the basis of benefits provided by the child under other laws for the benefit of his education from Germany. shall be granted 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

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§ § 120-122 (omitted)

-

7.
Maximum amount of the capital indemnification

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§ 123

(1) The capital compensation for damage in the professional continuation may not exceed the amount of 40,000 Deutsche Mark for the individual persecuted person. (2) The aid and the compensation for damage in the training as well as the 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. Unofficial table of contents

Section 124

Insofar as a surviving survivor has the right to compensation in accordance with § § 99 to 109, 111, the maximum amount of § 123 shall be reduced in proportion to the amount of the survivor's remuneration in accordance with the provisions of the pension legislation. The pension or rest of the deceased public service staff shall be in the position of rest. Unofficial table of contents

§ 125

The maximum amount of § 123 shall also apply if capital compensation according to § § 99 to 109, 111 is to be paid out of a service ratio for the benefit of several righthold persons.

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

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Section 125a

If the person persecuted for the same claim and the same period of compensation has the right to a pension for damage in the course of his/her professional life and to the right to redress under the legislation governing redress National socialist injustice for members of the civil service, he shall be entitled to a pension for damage in professional progress only to the extent that he is entitled to redress under the said legislation exceeds.

9.
Authorisation of the Federal Government for the adoption of legal regulations

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§ 126

(1) The Federal Government is authorized to issue legal orders for the implementation of § § 65 to 98 and § § 110 to 125a of the German law. 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 Injury to comparable officials with rising salaries, and tables for average earnings and average pensions of ordinary, medium, high and higher civil servants, according to the Life age levels are divided up. 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 empowered to do so by means of a legal regulation.
1.
the monthly maximum amounts of the pension pursuant to § 83 (2), § 95 (1),
2.
the pension amounts in accordance with § 93,
3.
the free amounts pursuant to § 85 (2), § 95 (3) and § 97 (1)
if the salaries and pensions of the federal civil servants increase due to legal regulations.

III.
Damage in economic progress

1.
Damage to insurance outside of social security

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§ 127

(1) The person being persecuted shall be entitled to compensation if, as a policyholder or as a reference person, he or she is the protection of life assurance (capital or pension insurance) which is provided by a private or public service provider. Insurance institution outside the social security system has been lost, in whole or in part, by the fact that a claim for insurance benefit or risk has been adversely affected by a statutory or condition-related claim. (2) A non-persecuted reference person shall be entitled to compensation if the The insured person is a victim of the prosecution and the person who has the right to be a spouse of the person being persecuted or, in the case of legal succession, would be the heirs of the first or second order. It is sufficient for the reference person to fulfil the conditions laid down in § 4. For the rest, § § 5 to 14 shall apply. Unofficial table of contents

§ 128

(1) Compensation for damage to life insurance covering a capital benefit shall be provided in such a way as to ensure that the beneficiary, as a compensation for capital, benefits the benefits, including any repayment of the old-age savings, and of any performance in accordance with the laws for the improvement of benefits arising from pension and pension insurance schemes and from capital compulsory insurance which would have been or have been granted to him without the injury after the insurance relationship would. 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 established prior to the changeover to the currency shall be applied by application of the provisions of the reorganisation of the monetary system (2) Unpaid premiums as well as refunds and other benefits of the insurer to the policyholder, the reference person or to any other person receiving the insurance benefits Eligible persons shall be credited with the payment of the capital with the proviso that: The amount of the richer market is 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 shall not be calculated. (3) If the claims arising from the premium reserve have also been lost, the beneficiary shall, in lieu 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 date. the harmful effect of national-socialist violence on the insurance relationship should have been obtained under the insurance conditions, provided that this is more favourable to the person concerned. The ReichsmarkAmount 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. Unofficial table of contents

Section 129

(1) Compensation for damage to life insurance which relates to a pension shall be provided in such a way that the person entitled to the pension benefits the benefits, including any compensation for the benefit of the old savings or a benefit in accordance with the pension improvement laws 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 established prior to the changeover to the currency shall be applied by application of the provisions of the reorganisation of the monetary system (2) Unpaid premiums as well as refunds or other benefits of the insurer to the policyholder, the reference person or to any other person receiving the insurance benefits Eligible persons shall be credited to the pension on the basis that: The amount of the richer market is 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. 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 place of the pension referred to in paragraph 1, the person entitled to compensation shall receive the benefits which he would receive if the insurance were to be insured at the time of the commencement of the injiy The effect of national-socialist violence on the insurance relationship would have been converted into a non-contributory insurance, provided that this is more favourable for the person concerned. Benefits of the insurer are credited to this pension in accordance with paragraph 2. (4) Pensions up to a monthly amount of ten Deutsche Mark are to be capitalised under the valuation law; they are to be deducted with the capitalised amount. (5) Pension benefits, which have to be made after the insurance relationship and have been back since the entry of the insurance case, are repaid in a sum of non-interest-interest. Unofficial table of contents

§ 130

(1) Stehen the beneficiary under the legislation for the restitution of fixed assets and the legislation governing the restitution of the German Reich and the equivalent of the restitution law. If right-holders are entitled to claim against the German Reich or a German country, he may require compensation in accordance with § § 128, 129 only against the assignment of these claims up to the amount of compensation to the performing country. (2) If the person entitled has received benefits in the course of the refund, the value of these benefits shall be limited to the value of the benefits in the case of § 128. Capital indemnification and, in the case of § 129, full credit to the pension benefits and 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. Unofficial table of contents

Section 131

If the insurer has not fulfilled due claims in the course of the prosecution, the rights of the beneficiary shall be determined exclusively 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. Unofficial table of contents

Section 132

Compensation under this Act shall not be provided for damages to insurance companies treated in accordance with § § 127 to 129. Unofficial table of contents

§ 133

(1) The compensation in accordance with § § 127 to 130 may not exceed a total of 25,000 Deutsche Mark for the individual policyholder or the persons entitled to a reference. This shall also apply if an policyholder or a reference person has been adversely affected by a number of insurance companies. (2) The capital value of the pension shall be calculated with the appropriate application of the valuation law.

2.
Supply damage

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Section 134

(1) The person being persecuted shall be entitled to compensation if, as a worker in the private service, he or she is entitled to benefits in respect of the case of age or incapacity for work or to the survivors of such a worker (2) the survivors of a persecuted person shall also be entitled to compensation if, as a consequence of a national-socialist act of violence against the person concerned, he or she has no or only one has received or has received a reduced supply of supplies. It is sufficient for the survivor to fulfil the conditions laid down in § 4. For the rest, § § 5 to 14 shall apply. Unofficial table of contents

§ 135

(1) The right to compensation shall be waited,
1.
as far as the person concerned receives benefits from the supplier or its successor in the legal capacity of the supplier;
2.
in so far as it is established by a final court decision or if it is established by comparison, that the person liable to supply or whose legal successor is obliged to provide services to the person entitled to benefits;
3.
if, after 8 May 1945, the authorised person has waived or has been found to be responsible for the provision of services in respect of the supplier or his successor in the case of a legal successor;
4.
insofar as the person entitled receives benefits in the event of a service or employment relationship based on the injury.
(2) The claim shall not apply even if the person being persecuted in his self-employed and self-employed activity has been damaged but is compensated as a self-employed person; the same shall apply to the survivors of such a person. Tracked. Unofficial table of contents

Section 136

(1) As compensation, the person entitled shall receive the benefits which would have been or would have been granted to him in the event of the occurrence of the pension without the injury. (2) If the supply case occurred before 1 November 1952, the person concerned shall have the supply in (3) Pensions up to a monthly amount of ten Deutsche Mark are to be capitalised in accordance with the valuation law; they are to be deducted from the capitalised amount. Unofficial table of contents

Section 137

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

3.
Damage in Social Security

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§ 138

Reparation for damage suffered by the pursuer or his survivors in the social security system shall be governed by the special legislation in force, in particular in accordance with the law on the treatment of the Persecuted National Socialism in Social Security; temporary applications under this legislation can be submitted until 30 September 1966.

Footnote

§ 138 Italic: Cf. now G v. 22.12.1970 826-9

4.
Damage in the supply of war victims

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Section 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 supply of war victims and after the Law on the reparation of national-socialist injustice in the provision of war victims for beneficiaries abroad.

IV.
Common rules on heredity and transferability

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§ 140

(1) If the persecuted person is deceased before the entry into force of this law, the right to the capital compensation to which he is entitled shall be hereditary only if the heir's spouse is a spouse of the persecuted person or, in the case of the legal succession, 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 is neither transferable nor hereditary. (3) The right to the sum of the repayable pension amounts shall be (4) In the cases referred to in the first subparagraph, only hereditary, if the heir's spouse is a spouse of the person being persecuted or, in the case of legal succession, the heir would belong to the heirs of the first or second order. (5) The right to loans and the entitlement to aid for damage in training are neither transferable nor hereditary.

Eighth title
Emergency aid for returnees

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Section 141

(1) The persecuted German national or ethnic German nationality who, in the period from 30 January 1933 to 8 May 1945, has been emigrated, deported or expelled from the persecution grounds of § 1 and his last The residence or permanent residence in the territory of the Reich, according to the state of the art 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 it has been completed after the end of the National socialist tyrannical tyrannship his residence or permanent residence within the scope of this § 4 (3) applies to the law. The spouse and the descendants of the persecuted have the right to emergency aid under the conditions of sentence 1 even if they themselves have not been persecuted but have been affected by the persecution. (2) In the case of persecuted persons who have not been persecuted. As a deportation within the meaning of this provision, the place of residence or permanent residence in the territory of the Reich from 31 December 1937 shall also be considered to be a transfer to a concentration camp outside the territory of that territory. In the case of persecuted persons who have had their last place of residence or permanent residence in the area of the Free City of Gdansk, the deportation shall also be deemed to be the transfer to a territory outside the territory of the territory of the Reich of 31 December 1937 and outside the territory of the The territory of the Free City of Gdansk is a concentration camp. (3) According to paragraph 1, the persecuted German ethnicity, who emigrated in the period from 30 September 1938 to 8 May 1945 for the reasons of persecution of § 1, also has a right to a German nationality. or has been expelled and his last place of residence or permanent residence in one of the The German Reich, after 30 September 1938, including the former Protectorate of Bohemia and Moravia, has had a residence or permanent residence in the territory after the end of the National Socialist tyrannical rule. The scope of this Act has taken or is taking. The claim shall be made only if the person persecuted at the time of the decision has German citizenship. Paragraph 1, second sentence, shall apply. (4) The right to emergency aid shall be waived if the person pursues his residence or permanent residence within the scope of that law prior to the decision on the right to emergency aid has given up. This applies analogously to the cases referred to in the second sentence of paragraph 1. (5) Emergency aid is to be offset in half with the compensation for damage to property and for damage to property. (6) The right to emergency aid of 3,000 Deutsche Mark has been granted to the Persecuted, who has been deprived of liberty for at least three years and who has had 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 emergency aid shall not be transferable or hereditary before the fixing or before the final judicial decision.

Ninth Title
Health care

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Section 141a

(1) The person who has been persecuted, whose entitlement to a pension for damage to life or for damage to body or health or to emergency aid has been determined by a decision, comparison or a final judicial decision, shall be entitled to: Health care for non-prosecutable sufferings. (2) The person who is persecuted (paragraph 1) is entitled to health care also for the spouse and for the children as long as he/she is responsible for the protection of the child. (2) The person who is persecuted (paragraph 1) is entitled to a medical care for the spouse and the children. children's allowances valid until 31 December 1974 may be entitled to children's allowances if they live 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.
where there is a corresponding claim against a social security institution,
2.
where there is a corresponding claim from a contract (excluding claims from private sickness insurance 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 child is the same as that of the person concerned. Annual labour earnings limit.
(4) The claim referred to in paragraphs 1 and 2 shall not be transferable or hereditary. Unofficial table of contents

Section 141b

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§ 141c

(1) The health care provision shall include:
1.
Measures for the early detection of diseases,
2.
medical and dental treatment,
3.
Hospital care,
4.
Supply with medical, association, medicine and eyewear,
5.
Body replacement parts, orthopaedic and other aids,
6.
subsidies for the costs of dentures and dental crowns, or the cost of the entire cost,
7.
home nursing,
8.
Travel expenses.
(2) The persecuted person is exempt from the obligation to pay a certain amount in the case of the acceptance of medical, association and remedy remedies as well as in the use of hospital care. (3) For the rest, the patient care shall be given the following: (4) Are the persecuted before the determination of the right to a pension for damage to life, for damage to the body or health or to the right to emergency assistance expenses for the Health care provided for in paragraph 1 shall be the cost of the necessary treatment in accordance with to be properly reimbursed. 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) shall apply.

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

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§ 141d

(1) If, in addition to the right to compensation for damage to life, the survivor's survivor is entitled to compensation for damage to the body or health, the monthly amount of such compensation shall be paid in the calculation of the set of hundreds of the Pension for damage to life according to § 18 para. 2 is taken into account. This applies analogously to the calculation of the capital compensation in accordance with § 25. (2) If the survivor's survivor's entitlement to compensation for damage to life is entitled to a pension for damage in the professional career, paragraph 1 shall apply. (3) If, in the cases referred to in paragraph 2, there is a claim to the monthly minimum amount of the pension in accordance with Article 95 (2), (3), the assessment of the amount of the pension shall be determined by the Hundreds of years of pension for damage to life according to § 18 para. 2 only the amount of the pension calculated in accordance with § 93 . The monthly amount of the pension thus calculated for damage to life is credited in accordance with Section 95 (3). (4) Has the survivor's survivor's entitlement to compensation for loss of life claim to a pension for damage in the In accordance with § § 85, 85a, 86 or § § 97, 97a, 98, he will receive the higher pension in full and 25 of the hundred of the lower pension. Unofficial table of contents

§ 141e

(1) If the person persecuted for the same period of compensation has the right to a pension and to capital compensation for damage to the body or health and entitlement to capital compensation or to a pension for damage in the professional progress, he shall receive the Compensation for the damage to which the higher claim is based, in full, and 25 from 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 the professional progress, it is not possible to consider that the person who was persecuted was not fully capable of performing the damage to the body or health (3) If the person persecuted under Section 83 (3) is entitled to compensation for the period prior to November 1, 1953, this compensation shall be offset only with the capital compensation for damage to the body or health which is due to the time of the 1. November 1952 to 31. (4) Paragraphs 1 to 3 do not apply in the cases of § § 115 to 119. (5) Paragraph 1 shall apply if the person persecuted for the same period of compensation is entitled to a pension and to capital compensation for damage to Body or health and entitlement to a pension for damage in the professional advancement according to § § 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 has been paid to the person concerned. the beginning of the pension payment in accordance with § 86 or § 98 of the previous year. Unofficial table of contents

§ 141f

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

2.
Meeting of three claims

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§ 141g

If, in addition to the right to compensation for damage to life, the survivor of a persecuted person is entitled to compensation for damage to the body or health and for damage in the professional progress, the latter claims shall be: To 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. Unofficial table of contents

§ 141h

(1) If the persecuted pension is entitled to a pension for damage in the professional advancement according 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 are in accordance with § 141d (1), and the first-mentioned claim shall be fixed at 25 of the hundred. (2) If the persecuted right to a pension for damage in the professional progress pursuant to § § 85, 85a, 86 or § § 97, 97a, 98 and claims has to be made Compensation for damage in the professional progress and for damage to life, the first mentioned To calculate claims in accordance with § 141f. The resulting monthly total of both claims must be taken into account in the calculation of the percentage of the pension for damage to life in accordance with § 18 para. 2. (3) Has the persecuted right to a pension for damage in the professional progress 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 body or health, the former claims according to § 141f shall be calculated. 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 § 141e para. 3, 5 sentence 2 shall apply accordingly. (4) In the cases referred to in paragraph 1, Section 85 (2) sentence 2 shall not be taken into consideration in this respect.

3.
Meeting of four claims

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§ 141i

In addition to the claims for compensation for damage to life, damage to the body or health and damage in the professional advancement, the persecuted person shall also be entitled to a pension for damage in the professional continuation according to § § 85, 85a, 86 or § § 97, 97a, 98, This is not the case. The first-mentioned claims shall be calculated in accordance with § 141g.

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

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§ 141k

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

Third Section
Special provisions applicable to legal persons, institutions or associations of persons

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Section 142

(1) A legal person, institution or association of persons (non-rights-capable association, non-rights trading company) is entitled to compensation if it has been damaged by national-socialist violence. (2) Consists of a the legal persons referred to in paragraph 1, institutions or associations of persons no longer and has no legal successor, the right to compensation may be claimed by the legal person, institution or association of persons , according to their Constitution, purpose, The composition or the organisational position and its actual operation shall be considered to be 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 Unofficial table of contents

Section 143

(1) The right to compensation shall only exist if the legal person, institution or association of persons
1.
on 31 December 1952 its registered office was within the scope of this Act, or where the place of its administration has been found,
2.
Before December 31, 1952, for the reasons of persecution of § 1, has transferred its registered office or administration from the territory of the Reich to the territory of the State of Gdansk from 31 December 1937 or the territory of the Free City of Gdańsk.
(2) If a legal person, institution or association of persons no longer exists, the right to compensation shall be granted only if it is established or the place of its administration in the territory of the territory of the Reich of 31 December 1937 or in the territory of the territory of the Free city of Gdansk has had and if the seat or place of administration of a right or purpose successor on 31 December 1952 has been in the scope of this law. Unofficial table of contents

Section 144

The right to compensation does not exist if it is likely to be assumed that the legal person, institution or association of persons or their legal or expedited persons under the present Constitution, purpose, composition, the organisational position or the actual operation had not been followed. Unofficial table of contents

§ 145

(1) A legal person, an institution or an association of persons is excluded from the compensation if, according to its constitution, purpose, composition, organisation or actual operation
1.
The National Socialist tyrannity has been encouraging;
2.
After May 23, 1949, the liberal democratic constitution was fought in the sense of the Basic Law.
(2) The right to compensation shall be affected if the exclusion grounds of paragraph 1 (2) occurs after a final decision has been taken or by a final court decision. (3) paragraphs 1 and 2 shall apply to the right or purpose successor of a legal person, institution or association of persons. Unofficial table of contents

Section 146

(1) The right to compensation is only for damage to property and for damage to property and only to the extent that 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 Having entered into force on 31 December 1937 or in the territory of the Free City of Gdańsk. (2) Communities which are recognized by or are recognized by institutions of religious societies and whose members have committed themselves not to work for the purpose of: but to acquire it for the community, as a loss of wealth, the damage suffered by the Community as a result of the failure of the work of its dependants. A claim by the Community's nationals for loss of work for a work carried out on behalf of the Community shall not apply if the Community has received compensation in accordance with the first sentence of this Article. (3) For failures Contributions, donations and similar income will not be compensated. Unofficial table of contents

Section 147

Where a legal person, an institution or an association of persons or their successor in law or purpose has received benefits under the legislation relating to the transfer of organisational assets, the right to compensation shall be limited only to the extent that: as the damage caused by these services is not balanced. Unofficial 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) To the benefit of persecuted religious societies and to their Entities or their legal or purpose successor shall be subject to the maximum amounts of Section 55 (1) and section 58 for each individual asset for which a claim for compensation is due to damage to property or to 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 done to fulfil the duties of the religious companies or their Entities or their legal or expedited entities within the scope of this Act are required. 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) sentence 2 shall not apply. (4) Section 55 (2) shall apply mutaficly. Unofficial table of contents

Section 148a

(1) If a legal person, an institution or an association of persons, or their legal or functional successor, harmed by national-socialist acts of violence on their property or on their property is not a non-profit organization in the sense of the In order to mitigate a degree of hardship resulting from § § § 142 to 148, it may be granted a hardship compensation in so far as this is necessary for the performance of its tasks. (2) Applications for the grant of a The hardness compensation referred to in paragraph 1 shall be set up to 31 December 1965. (3) For the granting of the hardness compensation a special fund of 10 million German marks will be created, which will be managed by the state of Baden-Württemberg.

Fourth Section
Special groups of persecuted

First Title
Principle

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§ 149

If persecuted persons from the territories of the Vertfriction and the stateless persons and refugees persecuted in accordance with the Geneva Convention and the survivors of such persecuted persons do not fulfil the conditions of § 4, they have restricted one by type and scope. Claim for compensation.

Second Title
Persecuted from the Vertfriction areas

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Section 150

(1) The persecuted person from the abortion areas, who has been a member of the German language and culture group, is entitled to compensation for damage to the body or health, for damage to freedom, for damage through payment of special charges and for damages (2) Claim 1 shall apply if the person being persecuted has finally left the territories referred to in Article 1 (2) (3) of the Federal Displaced Persons Act (Bundesvertriebenengesetz) upon the entry into force of this Act. (3) sensual for the spouse of the persecuted person, provided that the marriage before leaving the person referred to in paragraph 2 (4) The survivor of a persecuted person who belongs to 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.

Footnote

Section 150 (2): In accordance with the decision-making formula, Article 20 GG is incompatible. Niche. BVerfGE v. 23.3.1971 I 827-2 BvL 2/66 u. a.- Unofficial table of contents

Section 151

Compensation for damage to body or health shall be provided in accordance with § § 28 to 40. Unofficial table of contents

Section 152

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

Section 153

(1) The compensation for damage caused by the payment of special charges shall be made in accordance with § § 59, 60. It is a condition that the person who was persecuted before 1 August 1945 finally left the territories referred to in Article 1 (2) (3) of the Federal Displaced Persons Act (Bundesvertriebenengesetz). (2) The amounts paid for special levies shall be up to a maximum of total 150,000 Reichsmarks considered. The determined ReichsmarkAmount is converted into Deutsche Mark in a ratio of 100:6, 5. (3) The claim is only hereditary before determining or before a final judicial decision, if the heir's spouse is a spouse or in the case of the The legal succession to the heirs of the first or second order would belong. Section 13 (3) shall apply. Unofficial table of contents

Section 154

(1) Compensation for damage in the course of professional advancement shall be provided in accordance with § § 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 Section 21a of the Act to regulate the reparation of national-socialist injustice for members of the civil service. (2) The condition for the claim under paragraph 1 is that the person persecuted before 1 August 1945 has finally left the territories referred to in Article 1 (2) No. 3 of the Federal Displaced Persons Act. (3) The compensation shall consist of an indemnification of capital or in the form of a compensation for the following: a pension. Unofficial table of contents

§ 155

The capital compensation amounts to 10,000 Deutsche Mark. Unofficial table of contents

Section 156

(1) The persecuted person may choose to retire instead of the capital compensation. 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 its profession; in the case of women, it is replaced by the 65. the 60. (2) § § 84 and 84a shall apply. (3) The monthly amount of the pension is 200 Deutsche Mark, from 1 January 1961 250 Deutsche Mark. Unofficial table of contents

Section 157

(1) If the persecuted person is deceased after determining or legally granting the pension and after exercising the right to vote, the widow shall have the right 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 children's allowances may be granted for them in accordance with the official law applicable until 31 December 1974. (2) The monthly amount of the pension for the widow or in the case of the first sentence of paragraph 1, the total amount of Deutsche Mark for the children is 150 Deutsche Mark, 190 Deutsche Mark from 1 January 1961. 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 under paragraphs 1 and 2 does not exist if the marriage has been concluded after 29 June 1956. (4) Paragraphs 1 to 3 shall apply mutatily to the widower under the conditions laid down in § 17 (1) no. 2. Unofficial table of contents

§ 157a

(1) If the person persecuted after the exercise of the right to vote, but before the establishment or final judicial award of the pension has died and before his death the conditions for the right to vote of the pension pursuant to § 156 (1) are before his death, the following shall stand: Widow, if she herself is a persecuted person or has been affected by the persecution, until her remarriage and the children, as long as it is possible for them to be granted child allowances in accordance with the official law applicable until 31 December 1974, the right to to a pension. The claim shall not exist if the marriage has been concluded after 29 June 1956. (2) § 157 (2) to (4) shall apply. (3) If the person concerned is already entitled to the claim of the person being persecuted for damage in the course of professional progress, benefits are already effected , they shall be fully counted on the pension. This shall also apply if these services have been effected to a third party. Unofficial table of contents

Section 158

§ 140 (1) to (4) shall apply to the heredity and transferability of the right to compensation in accordance with § § 154 to 157a. Unofficial table of contents

Section 159

Compensation for damage to life shall be provided in accordance with § § 15 to 26, 41. The right to the capital compensation shall apply only for the period from 1 January 1949. Unofficial table of contents

Section 159a

The right to compensation in accordance with § § 150 to 159 is hereditary if the persecuted person died after 1 January 1945 and after the final leaving of the territories mentioned in § 1 paragraph 2 no. 3 of the Federal Exalted Act.

Third Title
Stateless persons and refugees within the meaning of the Geneva Convention

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§ 160

(1) The persecuted person who, on the entry into force of this law, is a stateless person or a refugee within the meaning of the Geneva Convention of 28 July 1951 and not by any State or any intergovernmental organization on account of the damage suffered by grants. (2) The right to compensation for damage to body or health and for damage to freedom. (2) The claim referred to in paragraph 1 shall also be entitled to the persecuted person, who shall be a stateless person or a person who is not responsible for the damage to the body or health. refugee within the meaning of the Geneva Convention after the end of the persecution a new (3) The survivor 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 if the survivor belongs to the group of persons referred to in paragraphs 1 and 2. (4) If claims are made in accordance with § § 150 to 159a, this provision shall remain in force. Unofficial table of contents

Section 161

Compensation for damage to body or health shall be provided in accordance with § § 28, 29 No. 1 to 3, § § 30 to 37, 39. The right to the capital compensation shall apply only for the period from 1 January 1949. Unofficial table of contents

Section 162

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

Section 163

(1) The compensation for damage to life shall be provided in accordance with § § 15, 16 Nos. 1 and 3, § § 17 to 21, 24, 25. The right to the compensation of the capital is only valid for the period from 1 January 1949. (2) The entitlement to the current pension is neither transferable nor inherited. The right to the sum of the backward pension amounts and to the repayment of the capital shall not be transferable or hereditary before the determination or before the final judicial decision. Unofficial table of contents

Section 164

(1) The persecuted person who belongs to the group of persons referred to in § 160 (1) and (2) and who, upon the entry into force of this law, is a national of a State which receives compensation for integration costs from the Federal Republic of Germany, has only Entitlement to compensation for damage to freedom. (2) The survivor, who belongs to the group of persons referred to in § 160 (3) and who, upon the entry into force of this Act, is a national of a State which is a national of the Federal Republic of Germany. Compensation for inclusion costs shall be entitled to compensation for damage to life after In accordance with § 163. Unofficial table of contents

Section 165

(1) If the compensation granted to the persecuted person in connection with his or her property and his other income is not sufficient to cover the life of his or her life, he shall be granted a reasonable compensation of hardship. (2) Paragraph 1 shall also apply if: the persecuted person belongs to a group of persons for which special purpose funds are otherwise provided for. Unofficial table of contents

Section 166

§ § 160 to 165 shall not apply to stateless persons who would be excluded from recognition as refugees under Article 1 F of the Geneva Convention.

Fourth Title
Common rules

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§ 166a

If claims for compensation for damage to life, damage to body or health and damage in professional progress meet, § § 141d to 141k shall apply accordingly. Unofficial table of contents

§ 166b

The Federal Government is empowered to increase the amount of the pension in accordance with Section 156 (3), section 157 (2) by means of a decree law if the salaries of the federal civil servants increase due to legal regulations. Unofficial table of contents

§ 166c

The provisions of § § 149 to 166 do not apply to persons who are or were nationals of a state whose financial expenses for victims of the National Socialist persecution are the Federal Republic of Germany on the basis of a special contract in the form of an explicit participation, unless the person persecuted has acquired that nationality only after the end of the persecution.

Fifth Section

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§ § 167 and 168 (omitted)

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Sixth Section
Satisfaction of the compensation claims

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§ 169

(1) The claims to be fulfilled by cash benefits shall be fixed at the latest by the end of the financial year of 1969. The claims are due immediately. (2) Capital compensation which is not fixed until the end of the financial year 1969 and the sum of the pension amounts accrued up to that date and not yet fixed shall be taken from 1 January 1970. until the time of the award of the claim. For claims made only after 1 January 1969, a claim for interest shall only be made after the end of a year. The annual period shall begin with the end of the calendar quarter in which the claim is made. The rates 2 and 3 shall apply mutagentily 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 can be completely or partially denied if the applicant or his authorized representative clearly has to represent the late recognition of the claim. Unofficial table of contents

Section 169a

In the cases of Section 13 (3), the compensation authority may pay compensation to the non-excluded heirs 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. Unofficial table of contents

§ 170

(1) advances may be granted only if a claim is made credible by reason of a particular damage and the grant of an advance is necessary for the elimination of an emergency. Advances may also be granted for other important reasons, which make an advance as cheap. The advance may consist of 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 may also be credited to other claims or be reclaimed.

Seventh Section
Hardness compensation

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Section 171

(1) In order to mitigate hardship, persons who meet the requirements of § § 4 or 150 and whose injury is due to the persecution grounds of § 1 may be granted a hardship compensation, provided that they are endowed with special funds with special No other provision is made for the purpose. 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 housing is 5,000 Deutsche Mark. (2) A hardship compensation in accordance with paragraph 1 may also be granted,
a)
if the probability of the causal link between damage to body or health and the persecution is not to be determined, because there is uncertainty about the cause of suffering in the field of medical science;
b)
in favour of those who have been persecuted for the benefit of a loss in professional progress which has occurred outside the territory of the territory of the Free City of Gdansk of 31 December 1937 or of the territory of the Free City of Gdańsk, provided that they are not eligible for:
aa)
have a German nationality at the time of the decision, or
bb)
comply with the conditions laid down in § 4 and have had their residence or permanent residence within the scope of this Act on 1 January 1963;
c)
in favour of persecuted persons who fulfil the conditions laid down in § § 150, 154 and their last residence or permanent residence in a territory affiliated to the German Reich after 30 September 1938, including the former protectorate Böhmen and Moravia, have had, because of a damage in training.
(3) A hardship compensation in accordance with paragraph 1 may also be granted to persons who have suffered damage by virtue of the fact that their supply facility has been disbanded by means of national-socialist measures of violence if, as a result of such damage, they are in a Emergency situation. The Federal Government is empowered to determine, by means of a decree law, which supply facilities are to be regarded as being dissolved by national-socialist violence. (4) A hardship compensation can also be granted
1.
Damaged persons who do not have a prior procedure in accordance with the law on the prevention of hereditary diseases of the young age of 14 July 1933 (Reichsgesetzbl. 529) have been sterilized;
2.
Dependants of persons who have fallen victim to the Euthanasia under the National Socialist tyrannity if it is to be assumed that the surviving dependants without the killing of the dependant of him is currently being maintained.
(5) In special cases, benefits may also be granted to recognised charitable organisations or charitable bodies if it appears necessary for the establishment or maintenance of charitable institutions in favour of persecuted persons. This does not apply to organisations or charitable bodies for which funds with a particular purpose are otherwise provided.

Eighth section
Distribution of the compensation burden

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Section 172

(1) The compensation payable under this Act by the Länder of Baden-Württemberg, Bavaria, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein shall be subject to the requirements of 1 April 1956. Half of the federal government and of the totality of these countries. The amount of compensation to be paid by the Land of Berlin shall be 60 per cent of the Federal Government, 25 per cent of the total of the countries referred to in the first sentence of 1 April 1956 and 15 per cent of the Land of Berlin. (2) The first sentence of paragraph 1 , the Member States shall bring their total shares to be borne in accordance with paragraph 1, in proportion to the costs of compensation in proportion 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 these countries with the difference; in so far as the costs of compensation for individual countries fall within the proportion of the compensation paid to them. (3) Compensation expenses are the compensation expenses after deduction of the related receipts. (4) The Federal Ministry of Finance shall determine the amount of compensation paid in accordance with the Provisions of paragraphs 1 and 2 on the basis of estimates of the amount of the provisional Transfers and, on the basis of the results of the accounts, the amount of the final credit transfers and the transfer procedure by means of a regulation. Section 7 (1), first sentence, of the Land Finance Equalization Act of 27 April 1955 (Bundesgesetzbl. 199) and § 6 of the Fourth Code of Transfer Law of 27 April 1955 (Bundesgesetzbl. 189) shall apply accordingly.

Footnote

Section 172 (4) Sentence 2 italic print: See § 9 (1) G v. 28.8.1969 603-9

Ninth Section
Compensation bodies and procedures

First Title
Compensation bodies

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Section 173

Compensation bodies
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 for the compensation authorities;
2.
the proceedings before the compensation courts, to the extent that the proceedings have not been carried out with the compensation authorities.

Second Title
Common procedural rules

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§ 175

(1) The compensation bodies shall be responsible for the decisions to be taken in accordance with this Act. (2) The competent authority shall decide on the granting of the authorisations, authorisations, rights of reference and exemptions pursuant to § § 67, 115 (2). the supreme authority. (3) In the case of 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. (4) The institutions of the statutory health insurance decide on the existence of the conditions for the right to health care in accordance with § 141a and on the claims for reimbursement in accordance with § 141c (4). Moreover, the procedure is determined in accordance with § § 227a to 227d. Unofficial table of contents

Section 175a

If an authority which is responsible for claims pursuant to section 5 (1) or a court competent for claims pursuant to section 5 (1), has one of the special legislation listed in Article 5 (1) in a decision which is no longer applicable. the legal nature of the claim is declared to be applicable or not applicable, the compensation bodies shall be bound by that assessment. 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. Unofficial table of contents

Section 176

(1) The compensation bodies shall, on their own account, determine all the facts which are significant for the decision and shall collect all the necessary evidence. (2) May the evidence of a fact as a result of the situation in which the applicant is provided by: If the national socialist measures are not fully provided, the compensation bodies may consider this fact in the light of all the circumstances 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: . Unofficial table of contents

Section 177

Comparisons are allowed. Unofficial table of contents

§ 177a

A reservation of performance shall be permissible if a claim for compensation in its stock or in its amount depends on circumstances which are still uncertain or which may change in the future. Unofficial table of contents

Section 178

For eligibility under this Act or pursuant to further national law within the meaning of Section 228 (2), a recognition as a persecuted person based on national law is not required. The decision of the authorities responsible for recognition shall not be binding on the compensation bodies. Unofficial table of contents

§ 179

(1) The compensation procedure shall be carried out with special acceleration. (2) Claims of applicants aged over 60 years old or in need or by disease or by infirmity in their earning capacity by at least 50 of the hundred shall be treated as a matter of priority over all other claims. Unofficial table of contents

§ 180

(1) If the persecuted person has had his last known stay in the territory of the empire of 31 December 1937, in the territory of the Free City of Gdańsk, or in a territory dominated or occupied by the German Reich or its allies, and is His stay since 8 May 1945 is unknown, it is presumed that he died on 8 May 1945, unless another date of death has already been established under the law of the law of law or under other legislation. (2) Under the conditions laid down in paragraph 1, the compensation procedure may be different. When the circumstances of the individual case, without any need for further investigation, are likely to be another date of death, the date of the date of 8 May 1945 is likely to be. Unofficial table of contents

§ 181

(1) In the compensation procedure, the submission of a certificate of inheritance shall be waited if the hereditary authorization is also verifiable without the submission of a certificate of inheritance. (2) If the compensation bodies request the submission of a certificate of inheritance, then the to grant a certificate of inheritance for the claim for compensation at the request of the heir; in so doing, the court of resignation does not have to examine whether the heir is entitled to compensation under this law. 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 determined in the compensation proceedings pursuant to § 180 (2), is the assumption of death in such a certificate. (3) The grant of the certificate of inheritance shall be decisive. The claim for compensation, including the previous proceedings, 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. Unofficial table of contents

§ 182

(1) In the case of the settlement of claims for compensation for damage to insurance outside the social security insurance, the insurance institutions involved shall, at the request of the compensation bodies, be obliged to participate; they shall have: to make the necessary calculations, in particular, and to provide information in writing or orally from books or files. (2) The compensation bodies should, in deciding on the claim for compensation, be responsible for the Insurance supervisory authority on the calculations and information of the parties concerned (3) The insurance institutions shall reimburse the necessary costs incurred by them through their participation in accordance with paragraph 1, in accordance with a flat-rate, by the Federal Ministry of Economics and Technology, by The Federal Ministry of Economics and Technology can further transfer this authorisation. Unofficial table of contents

Section 183

Persons who have their residence or permanent residence abroad, who were previously admitted to a German court as a lawyer and whose admission is to be granted for the reasons of persecution of § 1, are in legal matters which are in the law is governed by this law, is entitled to provide advice and representation in proceedings with the compensation authorities and before the compensation courts of the first instance. Section 157 (2) of the Code of Civil Procedure shall not apply.

Third Title
Compensation authorities

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Section 184

(1) The State Governments shall regulate the establishment of the compensation authorities and the administrative procedures of those authorities. The provisions of the law governing the establishment of the compensation authorities and the administrative procedures of those authorities are to be found in accordance with the provisions of this law. (2) The compensation authorities must comply with the instructions given by the law. of a supreme state authority. Unofficial table of contents

§ 185

(1) The compensation authorities shall be responsible for the notification and, without prejudice to § 175 (2) and (4), for the decision on the claims under this Act. (2) Locally competent
1.
the compensation authorities of the country in which the person being persecuted on 31 December 1952 has had his residence or permanent residence (Article 4 (1) (1) (a));
2.
Alternatively, if the person being persecuted before 31 December 1952 died, the compensation authorities of the country in which he had his last residence or permanent residence (Article 4 (1) (1) (b));
3.
In the alternative: if the persecuted person has emigrated before 31 December 1952, has been deported or expelled (Section 4 (1) (1) (c)) and has had his last residence or permanent residence
a)
in a country within the scope of this law,
the compensation authorities of that country,
b)
in the territory of the Soviet-occupied zone of Germany,
the compensation authorities of the State of Lower Saxony,
c)
in the Soviet-occupied sector of Berlin,
the compensation authorities of the Land of Berlin,
d)
In Vertfriction areas within the borders of the German Reich, according to the state of the art of 31 December 1937 and in the area of the Free City of Gdansk for persecuted residents or permanent residents in European countries,
the compensation authorities of the state of North-Rhine Westphalia,
for those with permanent residence or permanent residence in non-European countries,
the compensation authorities of the State of Rhineland-Pfalz;
4.
In the alternative: for the victims of the persecution referred to in Article 4 (1) (1) (d) to (g) the compensation authorities of the country in which, after 31 December 1952, the person being persecuted has, for the first time, taken his residence or permanent residence, or is taking his or her permanent residence;
5.
In the alternative: for the victims of the persecution referred to in Article 4 (1) (2), the compensation authorities of the country in which the person persecuted was held on 1 January 1947, the stay in a transit camp for emigrants being disregarded.
(3) For the claims of a survivor, if the residence or permanent residence or, in the case of paragraph 2, point 5, the stay of the deceased person does not have jurisdiction in accordance with paragraph 2, the place of residence or permanent residence shall be: Residence or, in the case of paragraph 2, point 5, the residence of the surviving dependabiding. This applies analogously in the cases of § § 104, 119, 127 (2) and § 134 (2). (4) If there is no jurisdiction under the above rules in the case of Section 4 (7), the compensation authorities of the country in which the (5) In the cases of § § 149 to 166a the compensation authorities shall be responsible for:
1.
of the State of North Rhine-Westphalia for applicants with permanent residence or permanent residence in European countries,
2.
of the State of Rhineland-Palatinate for applicants with permanent residence or permanent residence in non-European countries.
(6) If no responsibility is given under the above provisions, the compensation authorities of the Land of North Rhine-Westphalia shall be responsible. (7) For inherited claims, the residence or permanent residence or, in the case of paragraph 2, point 5, shall be the responsibility of the State of North Rhine-Westphalia. Residence of the deceased person in whose person the right to compensation has been incurred. In the cases referred to in the second sentence of paragraph 3, the deceased person shall be replaced by the deceased person. (8) The permanent residence shall be based on a local jurisdiction only in the absence of a residence. Unofficial table of contents

Section 186

§ 185 shall apply to legal persons, institutions or associations of persons or their legal successor, with the proviso that the place of residence shall be replaced by the place of residence of the place of administration and the place of residence shall be replaced by occurs. Unofficial table of contents

§ 187

(1) The supreme compensation authorities of the Länder are responsible for the granting of a hardship compensation. (2) Local authority is the supreme compensation authority of the country, whose compensation authorities in accordance with § § 185, 186 for the decision on the claims under this Act are or would be the competent authority. (3) Unofficial table of contents

Section 188

The right to compensation shall be directed against the country, whose compensation authorities are competent pursuant to § § 185, 186, and in the case of § 89, also against the employer. Unofficial table of contents

§ 189

(1) Compensation shall be granted only on request. The application shall be submitted to the competent compensation authority by 1 April 1958. This period shall not apply in the cases of § § 141 and 171. (2) The application deadline shall also be deemed to have been respected if the application is filed within the time limit of a non-competent authority for claims under this law or if the claim has been filed with the court (3) If the applicant was prevented from complying with the application deadline without his fault, he must 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. Unofficial table of contents

§ 189a

(1) If an application for compensation pursuant to section 189 has been filed legally, claims which have not been filed may be filed until 31 December 1965. (2) From 1 January 1966, a further claim can only be made shall be notified in so far as the claim is based on facts which occurred after 31 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. Unofficial table of contents

§ 189b

(1) If an application for compensation has been filed as a survivor in accordance with Section 189, this request shall respect the time limit for the application of the inherited claims after the deceased persecuted, provided that the survivor is heir at the same time. The same shall apply if, pursuant to Section 189, the survivor has filed a claim for his right to compensation as a survivor on account of the inherited claims on the basis of the inherited claims. (2) Paragraph 1 shall apply in the case of § 189a (1) corresponding application. Unofficial table of contents

§ 190

The application shall contain
1.
information on the person and on the economic situation,
2.
a presentation of the facts to which the claim is based,
3.
the indication of evidence,
4.
information on the nature and scope of the claim,
5.
a statement as to whether and where the applicant has previously submitted an application or has registered a claim,
6.
a declaration of benefits which have been effected in the course of compensation for victims of the National Socialist persecution from German public funds or from a person liable to pay compensation under civil law,
7.
a statement as to whether and to what success a refund procedure has been made on account of an asset belonging to the applicant or his legal guerrian prior to the withdrawal.
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§ 190a

(1) If an application for compensation in accordance with Section 189 has been filed legally, but without the presentation of the facts on which the individual compensation claim is based, the information referred to in § 190 No. 1 to 4 must be provided in the event of avoidance of exclusion. Until 31 March 1967. Article 189 (3) shall not apply. (2) Paragraph 1 shall apply in the cases of § § 189a and 189b of the present application. Unofficial table of contents

Section 191

(1) Unless otherwise specified in this Act or in the national provisions adopted pursuant to Section 184 (1), the compensation authority § § 355ff shall apply for proof of payment. of the Code of Civil Procedure. An insult by the compensation authority does not take place. (2) The compensation authority is 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 is right- and to provide mutual 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.
ask the public prosecutor's office or directly the police authority for the investigation of a state of prosecution;
2.
the district court in whose district the applicant, a witness or an expert is holding a request for the hearing of the applicant, the witness or the expert, stating the facts and procedures which are the subject of the to be interrogated;
3.
a diplomatic mission of the Federal Republic of Germany, in the district of which the applicant, a witness or an expert is present, in order to request the hearing of the applicant, the witness or the expert, stating the facts and the operations which are intended to be the object of the hearing;
4.
the criminal records authorities ask for unrestricted information, including over-tiled penalties.
(5) In the case referred to in paragraph 4 (2), the provisions of the Code of Civil Procedure shall apply to proof by party hearing, the proof of witness, the evidence by experts and the procedure in the case of the removal of eiden. Unofficial table of contents

§ 192

(1) With the agreement of the applicant, the compensation authority may be provided by public, free non-profit and private hospitals, as well as hospitals of public bodies and social security institutions, Records, medical histories, secretion and examination findings, as well as x-ray images are attached to the insight. The compensation authority shall ensure that the professional secrecy is respected. (2) Under the conditions laid down in paragraph 1, the compensation authority may provide information to private doctors who have treated or treated the person who has been persecuted. to collect and to consult documents for inspection. Unofficial table of contents

Section 193

(1) The applicant and his authorised representative may inspect the files of the compensation authority. It is possible for you to make excerpts and copies of them yourself or to give them a refund of the costs. (2) For special reasons, the applicant can inspect the files or parts of the file, as well as the production or issue of extracts. and transcripts. (3) A right of handing over the files only has lawyers. The sending of files or parts of files to areas outside the scope of this law does not take place. Unofficial table of contents

§ 194

The compensation authority shall submit a certified copy of the application to the employer in accordance with § 89 and the employer before the decision on the claim, the information provided by the applicant and the result of the investigation to hear. Unofficial table of contents

§ 195

(1) The compensation authority shall decide by decision. (2) The communication must include:
1.
the designation of the compensation authority;
2.
the decision-making formula, including any performance reservations,
3.
an indication that an action may be brought, in so far as the claim has been rejected, and the notification, in what form, within which period and in which court the action is to be brought,
4.
the date and the signature.
(3) The communication shall contain
1.
the applicant's staff information;
2.
the determination of the facts,
3.
the reasons for the decision.
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§ 196

(1) The notification shall be notified to the applicant. If an authorized 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 the widower shall be delivered even if these are not heirs. Unofficial table of contents

§ 197

(1) Delivery shall be made in accordance with the provisions of the Administrative Delivery Act. (2) The recipient of the delivery shall not be within the scope of this Act, and § § 184 of the Code of Civil Procedure shall also apply mutatily. Delivery can also be done with a postal return. Unofficial table of contents

§ 197a

The date of the fixing within the meaning of this Act shall be the date of notification of the date of notification or the conclusion of the settlement in which the claim for compensation has been granted. Unofficial table of contents

§ 198

(1) The obligation of the employer to grant the former or equivalent work place is to be decided by a special decision. (2) The communication must also be sent to the employer. Section 197 (1) shall apply. Unofficial table of contents

§ 199

(1) If, in the case of claims for damage in the course of professional advancement, there is a right to vote, the compensation authority shall also determine in the communication the claim of the level 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 has not been given, the the compensation authority shall determine the capital compensation and, at the same time, establish that a The right to vote is not given. This shall apply even if the person entitled to the pension has not yet chosen the pension. In such a case, 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 The right to vote before a decision on the claim has already been exercised. Unofficial table of contents

§ 200

(1) The compensation authority shall revoke a decision taken for the benefit of the applicant if, on the occasion of the decision, it turns out that there is a reason for the reason pursuant to Article 6 (3), Section 145 (2). (2) Paragraph 1 shall be based on comparisons, which have been completed in the case of the compensation authorities, shall be used accordingly. Unofficial table of contents

Section 201

(1) The compensation authority may revoke a decision taken in favour of the applicant if, on the occasion of the complaint, it turns out that there is a reason for a withdrawal pursuant to Article 7 (2). (2) paragraph 1 shall apply to comparisons made in the proceedings in the case of the compensation authorities, the relevant application. Unofficial table of contents

Section 202

A reservation of performance, which is contained in a decision made in favour of the applicant, can also be asserted if the requirements of § § 200, 201 do not exist. The reservation of benefits shall be asserted by revocation. Unofficial table of contents

§ 203

(1) The revocation shall be given by a notice. (2) The withdrawal period shall be six months. It shall begin on the date on which the compensation authority has become aware of the ground of revocation. Unofficial table of contents

Section 204

(1) If, in the case of § 200, the compensation authority intends to make use of the possibility of recovery of the benefits effected after the occurrence of a ground of impact, it shall have the obligation to repay those benefits in the (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 revocation shall be provisionally enforceable in so far as the decision formula contains the obligation to repay certain amounts. (2) Enforcement shall be governed by the provisions of the Civil Procedure Code Enforcement of judgments in civil litigation. The enforceable copy is issued by the compensation authority. (3) For claims asserted by objections against the claim itself (Section 767 of the Civil Procedure Code), the compensation court of the first instance is responsible, in whose district the compensation authority has its head office. Unofficial table of contents

§ 206

(1) Where a right to recurrent benefits has been awarded or rejected and the actual circumstances of the award or refusal have substantially changed, the compensation authority shall be entitled and shall be entitled to: Require the applicant to make a new communication on the claim; the legal force of a court decision shall not be contrary to this. 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 withdrawal of a pension. (2) Paragraph 1 shall apply to comparisons made in the procedure with the compensation authorities. (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. Unofficial table of contents

§ 206a

(1) In the cases of § § 141d to 141k, the compensation authority may issue a new decision in accordance with these provisions 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 it. (2) Paragraph 1 shall apply if, after the recognition of several claims, one or more of these claims shall be eliminated, increased or diminish. (3) paragraphs 1 and 2 shall apply to comparisons which have been concluded in the proceedings with the compensation authorities or in the judicial proceedings. Unofficial table of contents

§ 207

(1) Procedures for the compensation authorities shall be free of charge and non-levies. 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. § 205 applicable application. (2) Fees and expenses are not reimbursed. (3) Passenger status customers for submission to the compensation authorities are to be issued with fees and exigencies free of charge.

Fourth Title
Compensation Courts

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Section 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 empowered to make the compensation cases by means of a legal regulation. assign to a district court for the districts of several district courts, if the summary is necessary for the proper promotion and faster execution of the procedures. 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 occupation of the compensation chambers and the compensation senate, the nature of the reparation shall be taken into account in a suitable 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. Unofficial table of contents

Section 209

(1) For the proceedings before the compensation courts and for the enforcement of the law, without prejudice to § § 175 to 183, the provisions of the Law Constitutional Law, the Code of Civil Procedure and the Cost Provisions for Civil Procedure Legal disputes sensual. (2) (3) Judgment of failure is not permitted. In the event of an abiding, 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 are to be informed of this in the summons. (4) A request to secure proof of proof (§ 485 of the Civil procedure is also permissible if proceedings are not yet pending in the case of the compensation courts and if the witness or the expert is in a foreign country. The application must be made to the district court, in whose district the compensation authority competent pursuant to § § 185, 186 has its registered office. (5) deliveries are made by official. (6) § 227 (3) sentence 1 of the Code of Civil Procedure is not applicable. Unofficial table of contents

Section 210

(1) Where the notice of the compensation authority has rejected the claim made, the applicant may, within a period of three months, bring an action against the country before the competent authority for the seat of the compensation authority. (2) Where the applicant is living outside Europe, 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. Unofficial table of contents

Section 211

(1) Insofar as the compensation authority is empowered to act at its discretion, the compensation court shall verify only whether the compensation authority exceeds the legal limits of the discretion or at its discretion in any case. the authorisation has not been used in a manner appropriate to the authorisation. 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 whose district the Country justice administration has its seat. Unofficial table of contents

Section 212

(1) If a decision or a comparison is revoked in accordance with § § 200 to 205, the applicant may, within a period of three months against the country, bring an action for the annulment or amendment of the withdrawal notification before the date of the seat of the § 210 (2) and (3) apply. (3) In so far as the communication contains the obligation to repay the services already effected, § 707 of the Code of Civil Procedure shall apply mutadenly. Unofficial table of contents

§ 213

(1) If a claim for compensation is determined by a legally binding court decision or by a comparison of proceedings and it is subsequently found that a reason for an offence pursuant to Section 6 (3), § 145 (2) or a Withdrawal ground pursuant to § 7 (2), the Land may, before the Landgericht (Landgericht) in charge of the seat of the compensation authority, institute proceedings with the application to dismiss the right to compensation in the event of the annulment of the court decision or of the comparative trial. (2) In the case of paragraph 1, the right to repayment shall be that after the entry of a (3) The action can only be filed 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. Unofficial table of contents

Section 214

(1) If, by means of a decision of the compensation authority, the claim against the employer has been rejected for the granting of the former or an equivalent workplace, the applicant may, within a period of three months, be opposed to the (2) § 210 (2) and (3). Employers shall bring an action before the Landgericht (Landgericht) responsible for the seat of the compensation authority to establish that the employer is obliged to grant the former or an equivalent workplace. Application. (3) The applicant is obliged to bring the dispute to the country. announce. Unofficial table of contents

Section 215

(1) Where the obligation of the employer to grant the former or an equivalent workplace has been established by the compensation authority, the employer may, within a period of three months, be against the employer. (2) § 210 (3) shall apply. (2) § 210 (3) shall apply. (3) Applicants shall not be required to grant the right of access to the Office of the Remuneration Authority. (3) The applicant is obligated to proclaim the dispute to the country. Unofficial table of contents

Section 216

If, within a period of one year from the date of receipt of the application, the compensation authority has not taken a decision on the claim without sufficient reason, the applicant may, before the competent authority be responsible for the seat of the compensation authority, be entitled to: Federal Court of Appeal. Unofficial table of contents

§ 217

The jurisdictions of § § 210 to 216 are exclusive court cases. Unofficial table of contents

§ 218

(1) The appeal to the Oberlandesgericht (Oberlandesgericht) shall take place against the final judgment of the Landgericht without regard to the value of the object of appeal. (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. Unofficial table of contents

Section 219

(1) The revision to the Federal Court of Justice against final parts of the Oberlandesgericht takes place if the Higher Regional Court has allowed the revision. (2) The revision shall be permitted if:
1.
a legal issue of fundamental importance should be decided;
2.
the judgment deviates from a decision of the Federal Court of Justice and is based on this derogation;
3.
requires the continuing training of the law or the assurance of a uniform case-law of a decision of the Bundesgerichtshof;
4.
is in dispute whether the country against which the claim for compensation is addressed (Section 188) is rightly taken as the competent authority.
(3) The judgment shall be subject to the approval or non-approval of the revision. The reasons for the non-authorisation shall be justified. (4) § 218 (2) shall apply for the purpose of filing and justifying the revision. Unofficial table of contents

Section 220

(1) The non-approval of the revision can be challenged independently by immediate appeal. § 719 (2) of the Code of Civil Procedure is applicable. (2) The appeal of the immediate appeal inhibits 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

Section 221

(1) The revision shall be carried out without authorization, insofar as the inadmissibility of the legal path or the inadmissibility of the appeal is concerned. (2) § 566 of the Code of Civil Procedure does not apply. Unofficial table of contents

Section 222

The revision cannot be based on the fact that the decision is based on the infringement of national legislation. Unofficial table of contents

Section 223

In cases of immediate appeal, an emergency period of three months shall take place in place of the emergency period of section 569 (1) sentence 1 of the Civil Procedure Code. 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. Unofficial table of contents

Section 224

(1) There is no legal requirement in the proceedings before the regional courts. (2) In the proceedings before the Oberlandesgericht (Oberlandesgericht) there is no legal requirement for the country. (3) In the proceedings before the regional courts and before the Higher Regional Courts, the apporation of a Lawyer by means of legal aid does not assume that he is established in the district of the court of proceedings. (4) In the revisionist instance there is unrestricted law enforcement with the proviso that the parties also by a not in the case of the The Federal Court of Justice can be represented. Unofficial table of contents

Section 225

(1) proceedings before the compensation courts as well as the proof-of-proof procedures are free of charges and levies. (2) The plaintiff may be charged the plaintiff for manifestly unsubstantiated claims or appeals. (3) In the case of recurring services, the value of the dispute is to be calculated in accordance with § 9 of the Code of Civil Procedure. (4) § 207 (3) shall apply mutaficiously. Unofficial table of contents

§ 226

If the action has been brought because the compensation authority has not taken a decision on the claim without sufficient reason within the year, the action taken by the plaintiff to comply with a requirement of the compensation court shall be that: necessary to impose on the deflawed country without regard to the outcome of the procedure. Unofficial table of contents

Section 227

(1) In the proceedings before the compensation courts, fees and levies are to be reimbursed by the lawyers pursuant to Section 91 (2) of the Code of Civil Procedure. (2) The country has to deal with the proceedings before the county courts and the Oberlandesgericht by a In the case of a lawyer, the fees and levies of a lawyer shall not be reimbursed to the country. (3) The fees and charges applicable to lawyers shall be those applicable to civil litigation. (4) paragraphs 1 and 3 shall apply to the fees referred to in Article 183 (1). Persons corresponding to this application.

Fifth Title
Procedural rules for entitlement to health care

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§ 227a

(1) The health care is carried out by the Allgemeine Ortskrankenkasse (Local Health Insurance Fund), in whose district the persecuted person has his residence or permanent residence. (2) In the case of disputes concerning the implementation of the health care provision, the social law path . The provisions of the Social Justice Act for disputes in matters of statutory health insurance apply accordingly. (3) Titles 1 to 4 of this section do not apply in this respect. (4) Have the persecuted or his Members of the family for whom he is entitled to health care pursuant to § 141a, and in accordance with other statutory provisions, entitlement to compensation for the damage caused to them by the illness shall be subject to that claim in so far as it is applicable in accordance with § 185 The competent country shall be deemed to have been granted health care under this law. The transfer of the claim cannot be claimed to the detriment of the persecuted person. Unofficial table of contents

§ 227b

(1) The expenses incurred by the institutions of the 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 responsible 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 the requirements of the country's claims for reimbursement of expenses which have been wrongly granted. The limitation period shall begin with the end of the year in which the sickness fund has been replaced by the expenses. Unofficial table of contents

§ 227c

Medical and dental services shall be remunerated in accordance with the rates applicable to the treatment of damaged persons within the meaning of the Federal Law of Supply. Pharmacists and other persons serving medical treatment, as well as hospitals and facilities, shall be entitled to pay only on the remuneration payable for members of the sickness insurance fund. Unofficial table of contents

§ 227d

The Federal Ministry of Health, in agreement with the Federal Ministry of Finance, and with the consent of the Bundesrat, shall adopt the necessary administrative provisions on the implementation of the health care and on the procedure for replacement in accordance with § 227b.

Tenth section
Transitional and final provisions

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Section 228

(1) With the date of entry into force of this Act, the law governing the restitution of national-socialist injustice in the Länder of Bavaria, Bremen, Hesse and in the territory of the former state of Württemberg-Baden shall enter into force. (2) The same applies to all other provisions of the law on compensation in force within the scope of this Act, which are contrary to this law. To the extent that these provisions grant further claims for compensation, it shall in this case retain the benefit of the so far entitled to claim, on the understanding that the procedural treatment and the fulfilment of these claims shall apply. according to this law. The expenses resulting from further compensation claims shall be borne by the national law of the country. (3) As far as in laws, ordinances, general administrative arrangements and ominates on the shall be replaced by the relevant provisions of this Act. Unofficial table of contents

Section 229

In the case of claims under the rules of the countries concerning the recognition and care of the persecuted persons, the procedural treatment shall be governed by this law. Unofficial table of contents

Section 230

(1) Rereturning services based on previous provisions shall continue to be granted until such time as the benefits are brought about under this Act. 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 provisions of sentences 1 and 2 shall not give rise to any legal entitlement to these benefits. (2) Paragraph 1 shall apply in accordance with the provisions of the claims for the implementation of a healing procedure. Unofficial table of contents

Section 231

(1) A renewed request for compensation under the provisions of this law shall not be required if the right to compensation has already been declared on the basis of regulations or administrative arrangements which have been in force so far. This also applies if the claim already filed is not justified according to regulations or administrative arrangements in force until now or if the application was not submitted within the time limit. (2) However, in cases where a request for an application has been made, an application must be made in the cases where the application has been made. Claim to the right to date has been dismissed by an indisputable decision or by a court decision having a final judgment. Unofficial table of contents

§ 232

(1) If, upon the entry into force of this law, an application for compensation is pending in a country whose authorities are not competent pursuant to § § 185, 186, the compensation authorities of that country shall remain both for claims under the previous law as well as in the case of claims under this Act. This does not apply in the cases of § 185 (5). (2) If, upon the entry into force of this Act, applications for compensation are pending in several countries, the authorities of which are competent pursuant to § § 185, 186, for the purposes of the decision on claims under this Act Law responsible for the compensation authorities of the country, which are primarily responsible in accordance with § § 185, 186. Unofficial table of contents

Section 233

It is the responsibility of the Member States to determine the rights to be applied in accordance with the law, which are based on the rules on the compensation of the Member States ' rights of compensation.
1.
in the case of various claims for damages, the compensation authorities of the country on whose right the right is based,
2.
in the case of the same claims for damages, the compensation authorities of the country whose law is to be applied in accordance with the applicant ' s declaration, and shall retain the right to apply.
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Section 234

(1) To the extent that, before the entry into force of this law, an application for compensation pursuant to the law of the previous law has been rejected by an indisputable decision or by a final judicial decision, or a compensation of a lower level than in accordance with the provisions of the In accordance with the provisions of this law, the beneficiary may submit a new application for compensation within the period of application of Section 189 (1). (2) Rereturning benefits under this Act shall be repaid by the Office of the (3) In the case of an administrative procedure pending at the date of entry into force of this law, (4) In the cases referred to in paragraphs 1 to 3, the compensation authority responsible pursuant to § § 185, 186 shall apply. § § 232, 233. shall apply mutatily. Unofficial table of contents

Section 235

(1) If the compensation has been settled by comparison, waiver or severance before the entry into force of this Act, the beneficiary may, within the application period of § 189 (1), the settlement by declaration to the competent (2) Section 234 (4) shall apply mutalogy to the application of the law. Unofficial table of contents

Section 236

(1) If, on the date of entry into force of this Act, proceedings are pending before a court, the continuation of the proceedings shall be governed by the following provisions:
1.
In so far as the proceedings are pending before a court which is also competent under this Act, the Court of First Instance shall decide on the basis of the provisions of this Act;
2.
in so far as the proceedings are pending before a court which is not competent under this law, the proceedings shall be submitted to the court of first instance competent in accordance with that law.
(2) The admissibility of an appeal against the decisions taken before the entry into force of this Act shall be governed by the provisions currently in force. If, upon the entry into force of this Act, an appeal may be made, the appeal shall be replaced by the legal remedy under the law which is admissible pursuant to this law. (3) In so far as judicial proceedings under this law find their execution, charges and levies remain out of approach. Extra-judicial costs will be lifted against each other. Unofficial table of contents

Section 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 person persecuted on the basis of previous regulations, according to which a right to vote of that kind was not given, compensation for damage in the (2) If the pension is chosen, the compensation received by the person who has been persecuted will be paid in full to the compensation for the period before 1 November 1953 and to the pension. Unofficial table of contents

Section 238

A further settlement of the compensation for those persecuted, who have a local relationship with German territories outside the scope of this law, is reserved until the reunification of Germany. Unofficial table of contents

Section 238a

(1) The right to compensation under this Act shall consist only where the person entitled has his residence or permanent residence in States with which the Federal Republic of Germany, at the date of entry into force of this Act or at the time of the entry into force of this Act, has a permanent residence or residence 1 January 1963 has established diplomatic relations. 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 of the place of administration. (2) Paragraph 1 shall also apply in the cases where: § § 90, 165 and 171. (3) The Federal Government may determine which States with which the Federal Republic of Germany has no diplomatic relations at the dates referred to in paragraph 1 shall be treated as if diplomatic relations with the Federal Republic of Germany have been Relations would have been maintained. Unofficial table of contents

Section 239

The Federal Government is empowered to deal with groups of persons whose damage is due to the persecution grounds of § 1, but which do not have a spatial relationship with the scope of this Act and also not in accordance with § § 149 to 166b be entitled to make global rules on the granting of benefits by way of a compensatory amount. The Eighth and the Ninth Section of this law are not applicable. Unofficial table of contents

§ 240

(1) This Act shall apply in accordance with the provisions of Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. 1) also in the Land of Berlin. (2) Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Unofficial table of contents

Section 241

This law will take place on 1 January. October 1953 in force.