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Third Act amending the Federal Supplemental Act on Compensation for Victims of the National Socialist Persecution

Original Language Title: Drittes Gesetz zur Änderung des Bundesergänzungsgesetzes zur Entschädigung für Opfer der nationalsozialistischen Verfolgung

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Third Act amending the Federal Supplemental Act on Compensation for Victims of the National Socialist Persecution

Unofficial table of contents

BEGÄndG 3

Date of completion: 29.06.1956

Full quote:

" Third Law amending the Federal Supplemental Act on Compensation for Victims of National Socialist Persecution in the revised version published in the Bundesgesetzblatt part III, outline number 251-1/1, the latest by article II of the Law of 14 September 1965 has been amended "

Status: Last modified by Art. II G v. 14.9.1965 1315

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1964 + + +) Unofficial table of contents

Art I Recast of the Federal Supplemental Act on Compensation for Victims of the National Socialist Persecution

- Unofficial table of contents

Art II Definitions

This law refers to:
1.
the Third Law amending the Federal Supplemental Act on Compensation for Victims of the National Socialist Persecution
as Amendment Act,
2.
the Federal Act on Compensation for Victims of National Socialist Persecution
as the Federal Compensation Act,
3.
the Federal Supplemental Act on Compensation for Victims of the National Socialist Persecution
as a federal supplementary law.
Unofficial table of contents

Type III Transitional provisions

1.
Claims of persecuted persons who have transferred their residence or permanent residence in the period from 1 January 1947 to 30 December 1952 from the scope of the Federal Supplemental Act shall remain in force. This shall only apply if, at the time of the decision, the entitled person has his residence or permanent residence in States with which the Federal Republic of Germany is 1. October 1953, or diplomatic relations on 1 January 1963. Section 238a (3) of the BEG is applicable.
2.
To the extent that in the period prior to the proclamation of the amending act (Section 10 (2) of the Bundesentschädigungsgesetz) have been reimbursed, it shall retain the right to apply.
3.
(1) If a claim for compensation has been granted to an heir or a legateer in accordance with the provisions of the Federal Supplemental Act in accordance with the provisions of the Federal Supplemental Act, or by a final court decision, it shall retain the right to compensation in this case. (2) If the claim under the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) is to be granted in whole or in part to another heir or legate.( 2) The claim of the German Federal Compensation Act increases Persecuted and pending this increased claim under the erbrechtlichen scheme the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) to several heirs, the heir must have been granted a part of the claim under the terms of the federal supplementary law by means of a decision or by a final court decision, and where the claim referred to in paragraph 1 remains in so far as the heirs are entitled to the value of the deed, the same shall apply to legatees.
4.
5.
Prior to the proclamation of the amending act with the successor organisations referred to in § 53 of the Federal Compensation Act (Bundesentschädigungsgesetz), a comparison of compensation for damage to property or for damage to property of persecuted religious companies as a result, the claims of the persecuted religious companies as well as their legal or special purpose successor according to § § 142 to 148 of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) have also been completed.
6.
Recurring services on the basis of the Federal Supplemental Act are granted for such a long period until the benefits are brought about under the Bundesentschädigungsgesetz (Federal Compensation Act). This also applies to recurrent advance payments. The further payment is the responsibility of the previously responsible compensation authority. In so far as the recurring services have been effected without the recognition of a legal obligation, the first and second sentences do not give rise to any legal entitlement to these benefits.
7.
(1) A renewed request for compensation under the Bundesentschädigungsgesetz (Federal Compensation Act) does not require that the right to compensation has already been filed on the basis of the Federal Supplemental Act. This applies even if the claim already filed under the Federal Supplemental Act was not well founded. (2) However, in cases where a claim under the Federal Supplemental Act is subject to an incontestable decision, an application shall be subject to the application of the Federal Law on supplementary and legal provisions. or has been dismissed by a final court decision. (3) Rereturning benefits under the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) shall be re-established ex office.
8.
If a request for compensation in a country is pending when the amending act is announced, the compensation bodies of that country shall also remain responsible for the claims of the applicant under the German Federal Compensation Act.
9.
(1) Insofar as before the proclamation of the amending act, a claim for compensation is rejected by an indisputable decision or by a legally binding court decision or a compensation of a lower level than under the Federal Compensation Act (2) In a case pending before the amendment of the amending act, the person entitled to receive a new request for compensation can submit a new application for compensation. In the event of a decision, the claim shall be subject to the provisions of (3) In the case of paragraphs 1 and 2, the compensation authority competent pursuant to § § 185, 186 of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) decides. Point 8 of this Article shall apply mutatily.
10.
(1) Status of the beneficiary under the Federal Supplemental Act in the case of claims for damage in the professional and economic progress, a right to vote and, on the basis of the Bundesentschädigungsgesetz (Federal Compensation Act), increases the unelected compensation, he/she may within the period of application of Section 189 (1) of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) by declaration to the competent compensation authority; point 8 of this article shall apply. (2) If the persecuted person is before the Declaration in accordance with paragraph 1 within the time limit for the application of § 189 (1) of the Federal Compensation Act, the widow or under the conditions of § 17 (1) No. 2 of the Bundesentschädigungsgesetz der Witwer (Bundesentschädigungsgesetz), the widower can, in accordance with § § 86, 98, the unelected compensation by means of a declaration to the (3) In the case of the declaration referred to in paragraphs 1 and 2, services already effected shall be required to: to the newly elected compensation fully. This shall also apply if these services have been effected to a third party.
11.
(1) If the compensation has been settled by comparison, renunciation or severance before the law of change has been announced, the beneficiary may, within the period of application of § 189 (1) of the Bundesentschädigungsgesetz (Federal Compensation Act), the settlement by declaration shall apply to the competent compensation authority. (2) Point 9 (3) of this Article shall apply.
12.
To the extent that claims by persons entitled to change have been determined by a decision or by a final court decision before the amendment of the amending act, it shall retain its interest in favour of the rightholding.
13.
14.
If the time limits according to § § 99, 101 and 102 of the Federal Supplemental Act have not yet expired on the announcement of the amending act, then it shall retain its application at these time limits.
15.
In so far as proceedings are pending before the courts other than the compensation courts when the amending act is announced, it shall retain the right to apply. The procedure is governed by the rules currently in force.
16.
In legal matters governed by the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz), the United Restitution Organization is without the restrictions of Section 183 (2) of the Federal Compensation Act for advice and representation in the proceedings of the Federal Indemnity Act. Compensation authorities.
17.
Permission to obtain legal rights under restrictions on legal matters governed by the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) may no longer be granted by the proclamation of the amending act. Section 183 (2) of the Federal Compensation Act remains unaffected.
18.

Footnote

Art. 1 sentence 2: In accordance with the decision formula, compatible with GG, BVerfGE v. 22.10.1974 I 3340-1 BvL 30/73- Unofficial table of contents

Type IIIa

Recurring benefits under the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) are subject to changes in the actual situation as a result of the increase in cash benefits as a result of the laws on the new pension insurance scheme and the amendment and amendment of the Federal Supply Act only to reduce the monthly amount by which these cash benefits have increased or increase each month. Unofficial table of contents

Art IV Valiant in the Land of Berlin

The amending act shall apply in accordance with Section 13 (1) of the Third Code of Transfer Law of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Unofficial table of contents

Type V Entry into force

The amending Act shall enter into force on 1 April 1956.