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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Read the untranslated law here: http://www.gesetze-im-internet.de/beg_ndg_3/BJNR005590956.html

Third law to amend the Federal Supplement Act for the compensation of victims of National Socialist persecution BEGÄndG 3 copy date: 29.06.1956 full quotation: "Third law to amend the Federal supplementary law for compensation for victims of Nazi persecution in the adjusted version published in the Federal Law Gazette Part III, outline number 251-1/1, which is been amended by article II of the Act of 14 September 1965" was: last modified by article II G v. 14.9.1965 learn 1315 to the stand number in the menu see remarks footnote (+++ text detection from validity) : 1.1.1964 +++) type I for the compensation of victims of National Socialist persecution - type II definitions in this law are recasting the Federal Supplement Act 1 called Amendment Act, 2 the third law to amend the Federal supplementary law for compensation for victims of Nazi persecution the Federal law for the compensation of victims of National Socialist persecution as federal compensation law, 3. the Federal supplementary law for the compensation of victims of National Socialist persecution as federal law.

1. claims by victims who have transferred their residence or permanent stay in the period from January 1, 1947 to December 30, 1952, from the scope of the Federal supplementary law be maintained type III transitional provisions. This only applies if the beneficiary at the time of the decision has his domicile or permanent stay in the States, with which the Federal Republic of Germany has maintain diplomatic relations on October 1, 1953, or on 1 January 1963. section 238a para 3 BEG finds appropriate application.
2. If in the time before announcing the amendment of welfare benefits (§ 10 par. 2 of the federal compensation law) are been refunded, it retains this leave.
3. (1) a claim for compensation has been awarded after the succession regulation of the Federal supplementary law by decision or by final judicial decision an heir or legatee, so it retains leave here even if the claim wholly or in part would be entitled to an another heir or legatee under the succession rules of the federal compensation law.
(2) the entitlement of the persecuted increases due to the federal compensation law and this increased shall be entitled to several heirs the inheritance regime the federal compensation law, so the heritage, a portion of the claim has been awarded after the succession regulation of the Federal supplementary law by notification or by final judicial decision and the claim in this respect remains referred to in paragraph 1, must be in the relationship of the heirs themselves expect the value of the preserved; the same applies to legatees.
4. 5.
Is a comparison on compensation for damage property or damage assets persecuted religious societies have been completed with the successor organisations referred to in article 53 of the federal compensation law before proclamation of the amendment Act, hence the claims of pursued religious societies as well as their legal or purpose successor are compensated according to §§ 142 to 148 of the federal compensation law.
6 repeated performance of the Federal supplementary law further granted so long, are under the federal compensation law causes to the services. This also applies to recurring advance services. The continue is whether the compensation authority so far. As far as the recurrent services without acknowledging any legal obligation are caused, no legal entitlement to these benefits is due to sentence 1 and 2.
7. (1) a renewed request for compensation under the federal compensation law not needed, if the entitlement to compensation under the Federal Supplement Act has been reported already. This applies even if the already-pending claim under the Federal Supplement Act was not justified.
(2) an application for needed but in the cases where a claim is been rejected Federal supplementary law by means of an unchallengeable decision or by final judicial decision.
(3) officio new recurring services due to the federal compensation law lays.
8 a request for compensation in a country is for proclamation of the amendment pending, this country also for the claims of the applicant compensation bodies remain responsible under the federal compensation law.
9 (1) as far as has been before proclamation of the amendment Act, a claim for compensation rejected by unquestionable decision or by final judicial decision or awarded a lower compensation than under the federal compensation law, the beneficiary can be a new application for compensation within the deadline of § 189 1 of the federal compensation law.
(2) is one with proclamation of the amendment Act No decision was given in proceedings is so according to the regulations of the federal compensation law to assess the claim.
(3) in the case of paragraphs 1 and 2, she decides 186 of the federal compensation law according to §§ 185, compensation authority. Appropriate applies to paragraph 8 of this article.
10. (1) a right to vote was to complement federal law claims for damage in the professional and economic progress the legitimate and increases due to the federal compensation law the unelected compensation, he may require that the application deadline of § 189 1 of the federal compensation law by declaration to the competent authority of the compensation; Appropriate applies to paragraph 8 of this article.
(2) has died the persecuted before the Declaration referred to in paragraph 1 within the deadline of § 189 1 of the federal compensation law, so can the widow or the requirements of § 17 para 1 No. 2 of the federal compensation law of the widower in accordance with §§ 86, 98 the unelected by declaration to the competent authority of the compensation claim compensation, if the widow or widower of himself persecuted or from the persecution of the deceased victims with is affected.
(3) in the case of the declaration under paragraph 1 and 2, already caused the newly elected compensation services are fully into account. This is true even if those benefits to a third party are caused.
11. (1) the compensation before proclamation of the amendment has been fixed by comparison, waiver or settlement, so the person entitled may challenge the regulation within the deadline of § 189 1 of the federal compensation law by declaration to the competent authority of the compensation.
(2) paragraph 9 finds paragraph 3 of this article shall apply.
12. as far as before promulgation of the amendment Act, claims have been set by authorized by decision or by final judicial decision, it retains leave this in favour of the beneficiaries.
13 14.
Had not expired the periods according to §§ 99, still 101 and 102 of Federal supplementary law for promulgation of the amendment Act, so it retains leave during these periods.
15. as far as proceedings in other courts as the courts of compensation are pending before proclamation of the amendment Act, it retains this leave. The procedure depends on the existing rules.
16. in matters that are regulated in the federal compensation law, the United restitution organization may without the restrictions of section 183 paragraph 2 of the federal compensation law advice and representation in the procedures for the authorities of compensation.
17 no longer issued. a permit for the right care under restriction on the matters regulated in the federal compensation law by the promulgation of the amendment Act on. Section 183, paragraph 2, of the federal compensation law shall remain unaffected.
18 footnote article III No. 1 sentence 2: in accordance with the decision formula with GG compatible, BVerfGE v. 22.10.1974 I 3340-1 BvL 30/73 - type IIIa recurring benefits under the federal compensation law are to cut back in actual changes due to the increase of cash benefits under the law on the pension insurance new arrangements and the amending and supplementing of the Bundesversorgungsgesetzes a maximum to the amount of the month , to which these cash benefits have monthly increases or increase.

Validity in the Federal State of Berlin the amending Act is considered type IV in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. I p. 1) also in the Federal State of Berlin.

Type V entry into force the amendment Act into force on April 1, 1956.