Third Law To Amend The Federal Supplementary Law For Compensation For Victims Of Nazi Persecution

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

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

Non-official table of contents

BEGÄndG 3

Date of departure: 29.06.1956

Full quote:

" Third Act amending the Federal Supplemental Act on Compensation for Victims of the National Socialist Persecution in the adjusted version published in the Federal Law Gazette, Part III, outline number 251-1/1, which is published in the most recently Article II of the Law of 14. September 1965 has been modified "

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

For details, see the Notes

Footnote

(+ + + Text credits from: 1.1.1964 + + +) Approximate to stand. name="BJNR005590956BJNE000100325 " />Non-Official Table of Contents

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

-Non-Official Table of Contents

Art II Definitions

referred to in this Act
1.
the Third Law amending the Federal Supplemental Act on Compensation for Victims of the national-socialist tracking
as change law
2.
the Federal Law on Compensation for Victims of National Socialist Persecution
as the Federal Compensation Act
3.
the Federal Supplemental Law on Compensation for Victims of the national-socialist persecution
as federal supplemental law.
Non-Official Table of Contents

Type III Transitional Rules

1.
Entitlements of persecuted persons residing or staying in the time of 1. January 1947 to the 30th December 1952, from the scope of the Federal Supplemental Act, remain in place. 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 on 1. He maintained diplomatic relations in January 1963. Section 238a (3) of the BEG shall apply.
2.
As far as in the period prior to the proclamation of the amending act, regulations for the protection of care (Section 10 (2) of the Act).
3.
3.
3.
(1) Is a heir or a legatee after the brevity of the law of the Federal supplementary law, if a right to compensation has been granted by a decision or by a legally valid court decision, it shall retain the right to claim compensation even if the claim is subject to the erbrechtlichen regulation of the Federal Republic of Germany. Federal Indemnity Act, wholly or partly, would be granted to another heir or a legatee.(2) In accordance with the Federal Compensation Act, increases the claim of the persecuted and the heir to this increased claim to several heirs in accordance with the provisions of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) must be heir to the inheritance, to which part of the claim in accordance with the provisions of the Federal Supplemental Act, which has been granted by a decision or by a final court decision, and which remains the same as the claim referred to in paragraph 1, in proportion to the heirs to each other the value of the amount obtained; the same shall apply to legatees.
4.
5.
Is before the announcement of the amending act with the provisions of Section 53 of the German Federal Compensation Act (Bundesentschädigungsgesetz) Successor organisations have concluded a comparison of compensation for damage to property or for damage to property of persecuted religious companies, thus also the claims of the persecuted religious societies as well as their Right-or-purpose successor in accordance with § § 142 to 148 of the German Federal Compensation Act.
6.
Return services under the Federal Supplemental Act shall become so further, 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 compensation authority which has previously been responsible. To the extent that the recurring services have been effected without the recognition of a legal obligation, no legal entitlement to these benefits shall be established by the first and second sentences.
7.
(1) A renewed request for compensation under the Federal Compensation Act does not require the right to compensation if the claim to compensation is already based on the Federal Supplemental Act (Bundessupplementgesetz) has been notified. This shall also apply if the claim already registered was not justified on the basis of the Federal Supplemental Act.(2) However, in cases where a claim under the Federal Supplemental Act has been rejected by an indisputable decision or by a final court decision, an application shall be required in cases where a claim is required.(3) Rereturning services under the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) shall be re-established ex office.
8.
If the amending act is announced, a request shall be made to the If compensation is pending in a country, the compensation bodies of that country shall also remain responsible for the claims of the applicant under the Federal Compensation Act.
9.
(1) Insofar as a claim for compensation is rejected by an indisputable decision or by a final court decision before the amendment is announced, or a claim for compensation is rejected by a court order. Compensation at a lower level than has been granted under the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz), the beneficiary may submit a new application for compensation within the application period of § 189 (1) of the Federal Compensation Act.(2) If a decision has not yet been taken in a case pending before the amendment of the amending act, the claim shall be determined in accordance with the provisions of the Federal Compensation Act.(3) In the case of paragraphs 1 and 2, the compensation authority responsible pursuant to § § 185, 186 of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) shall decide. Point 8 of this Article shall apply.
10.
(1) Status of the beneficiary under the Federal Supplemental Act in the case of claims for damage in the professional and/or professional life of the person concerned. The Federal Compensation Act increases the right to vote and increases the unelected compensation on the basis of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz). This is the case within the time limit for the application of Section 189 (1) of the Federal Compensation Act (Bundesentschädigungsgesetz) by declaration shall apply to the competent compensation authority; point 8 of this Article shall apply.(2) If the person persecuted before submitting the declaration pursuant to paragraph 1 has died within the application period of § 189 (1) of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz), the widow or under the conditions of Section 17 (1) (2) of the Federal Compensation Act (Bundesentschädigungsgesetz) the widower shall, in accordance with § § 86, 98, require the unelected compensation by declaration to the competent compensation authority if the widow or the widower himself is a persecuted person or from the persecution of the deceased persecuted has been affected.(3) In the case of the declaration referred to in paragraphs 1 and 2, the benefits of the newly elected compensation shall be fully attributed to the benefits already effected. This also applies if these services have been effected to a third party.
11.
(1) Is the compensation prior to the delivery of the amending act by comparison, If waiver or severance has been settled, the person entitled to do so may, within the period of application of § 189 (1) of the Federal Compensation Act, contest the settlement by means of a declaration to the responsible compensation authority.(2) Paragraph 9 (3) of this Article shall apply.
12.
Insofar as the rights of the amending act before the amendment is announced, the rights of the beneficiaries shall be determined by the notification or by the final legal decision shall be retained in favour of the beneficiaries in this case.
13.
14.
The time limits according to § § 99, 101 and 102 of the Federal Supplemental Act on the announcement of the If the amending act has not yet expired, it shall retain the right to apply for these periods.
15.
As far as the law of amendment is announced, proceedings in other courts shall be deemed to be the case. the compensation courts are pending, reserves the right to do so. The procedure is governed by the rules currently in force.
16.
In legal matters governed by the Federal Indemnity Act, the United Restitution is Organization without the restrictions of § 183 para. 2 of the Federal Compensation Act for advice and representation in the proceedings with the compensation authorities.
17.
A permission to obtain legal rights under restrictions on legal matters governed by the Federal Compensation Act must not be permitted by the announcement of the amending act any more shall be granted. § 183 (2) of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) remains unaffected.
18.

Footnote

Art. III No. 1 sentence 2: compatible with GG in accordance with the decision formula, BVerfGE v. 22.10.1974 I 3340-1 BvL 30/73- Non-official table of contents

Art IIIa

Rereturning services under the Federal Compensation Act are To reduce the actual situation as a result of the increase in cash benefits as a result of the laws on the new pension scheme and the amendment and amendment of the Federal Pension Act, at the most by the monthly amount, in order to reduce the amount of cash benefits. these cash benefits have increased or increased on a monthly basis. Non-official table of contents

Art IV validity in the state of Berlin

The amending act applies in accordance with Section 13 (1) of the Third Transfer Act of the 4. January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Non-official table of contents

Type V Entry into force

The change law occurs on the 1. April 1956, in force.