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Second law amending the Bundesentschädigungsgesetz

Original Language Title: Zweites Gesetz zur Änderung des Bundesentschädigungsgesetzes

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Second Act amending the Federal Compensation Act (BEG Final Act)

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BEGSchlG

Date of completion: 14.09.1965

Full quote:

" BEG Final Act of 14 September 1965 (BGBl. 1315), as defined by Article 2 (4) of the Law of 30 August 1971 (BGBl. I p. 1426).

Status: Amended by Art. 2 para. 4 G v. 30.8.1971 I 1426

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text validity: 1.1.1972 + + +) Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

Type I

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Type II

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Type III Transitional provisions

1.
(1) If a person entitled to compensation is entitled to compensation for the first time pursuant to Article I (1), (2), (3), (10), (87) and (94) of this Act, he may submit an application for compensation until 30 September 1966. The same applies if, due to the changes in Article I No. 6, 11 to 93 of this Act, a single claim for compensation is justified for the first time. (2) § 189 para. 2 and 3, § 189a para. 2, § § 189b and 190a BEG shall apply accordingly; however, claims which have already been granted to the person entitled under the previous law may not be invoked pursuant to paragraph 1. (3) In the cases referred to in paragraph 1, the indispentability or legal force of a previous one shall be subject to the following: Decision of a new decision on the right to compensation not received. (4) (1) (5) In the cases referred to in Article I (21) (a), the period of application shall end at the earliest 6 months after the date of the termination of the application in accordance with Article 42 (2) of the BEG Decree-law.
2.
(1) If, due to the changes in Article I of this Act, a beneficiary is entitled to a further claim, he shall be entitled to obtain compensation for victims of the National Socialist persecution before the law is announced in accordance with the Federal Supplemental Act on compensation for victims of persecution. (Federal supplementary law) or the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) by incontestable decision-making or legally granted, it may, within the application period referred to in point 1 (1), re-register this claim to the extent that it is valid. (2) resignation in accordance with paragraph 1 may also be carried out if the Notice only within three months of the date of delivery of this law, or if the court decision becomes final within a period of three months after the date of delivery of this law. (3) The decision on the claim is bound by the compensation bodies to the actual findings on which the indisputable decision or the final court decision issued before the proclamation of this law is based. (4) Insofar as the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) in the version of Article I of this Act If the amount or the amount of the claim, its heredity or the existence of a right to vote in the case of claims for damage in the professional advancement depends on the conditions at the time of the decision, is to be assumed from the circumstances, (6) If a decision has not yet been taken in a case pending before the law has been announced, the claim shall be subject to the conditions laid down in Article I of the Treaty. of this law.
3.
If the compensation has been settled by comparison, waiver or severance prior to the proclamation of this law in accordance with the Federal Supplemental Act or the Federal Compensation Act, and is entitled to the right of the beneficiary due to the changes made in Article I of this Act In the case of a law which is more extensive than in accordance with the previous provisions, the beneficiary may, within the period laid down in point 1 (1), challenge the scheme by means of a declaration to the competent compensation authority. Point 1 (2), (4) and (5) shall apply.
4.
(1) If, due to the changes in Article I of this Act, the beneficiary is entitled, for the first time, to a right to vote in the case of damage claims in the professional progress, the time limit for the exercise of the election shall end on 30 September 1966. In cases where the right to compensation for capital has been granted only after the announcement of this law, it remains within the time limit of § 84 BEG. (2) Status of the beneficiary according to previous regulations for claims for damage in the A right to vote and, due to the changes in Article I of this Act, increases the unelected compensation, it may, within the time-limit laid down in point 1 (1), be made available by declaration to the competent authorities. (3) Is the person persecuted before submitting the declaration referred to in paragraph 2 within the The widow, or under the conditions laid down in Section 17 (1) No. 2 BEG, of the widows may, under the conditions laid down in § § 86, 98 of the BEG, deceased the unelected compensation by means of a declaration to the competent compensation authority. if the widow or widower himself has been persecuted or has been affected by the persecution of the deceased person. Article 86 (5) of the BEG shall apply.
5.
If in the cases of § 86 or § 98 BEG before the announcement of this law the widow, the widower or the children have been paid the compensation in the amount of the pensions of one year and receive the widow, the widower or the children on the basis of the Changes in Article I of this law now a pension under § 85a or § 97a of the BEG, the compensation in the amount of the pension benefits of one year is credited to the claim of the heirs of the persecuted to the sum of the backward pension amounts.
6.
(1) If, in the cases referred to in Article I n. 66 (Article 114 (2) of the BEC) and No. 67 (§ 114a BEG) before the proclamation of this law, compensation for damage in the training pursuant to § § 116 to 118 BEG has been paid to the persecuted person, the person concerned shall be entitled to the right to claim in accordance with Section 114 (2) and (§) 114a of the BEG. (2) If, in the cases referred to in Article I (83) (§ 142 of the BEG), compensation for damage to property or property has been paid before the proclamation of this law of a company under civil law, it shall be the corresponding compensation of the individual shareholders for damage to property or property in accordance with their rate of separation.
7.
If, in the event of the proclamation of this law, an application for compensation is pending in a country, the compensation bodies of that country shall also remain in respect of the claims of the applicant under the Bundesentschädigungsgesetz (Federal Compensation Act) as amended by Article I of this Law in charge. This does not apply in the cases of § 185 (6) BEG.
8.
(1) Paragraph 1 shall not apply if the rights of the beneficiaries have been determined by a decision or by res judiciously before the date of delivery. (2) Paragraph 1 shall not apply if the determination of the right of the person to the right of the right of the person entitled to the right of the person has been determined by the court. Claims the previous provisions concerning the overlapping of claims (§ § 120 to 122 BEG) have obviously been omitted; paragraph 1 also does not apply in the cases of § 125a of the BEG. The compensation authority is entitled to issue a new communication on these claims in accordance with § § 141d to 141k BEG or § 125a BEG within a period of one year after the date of the announcement of this law.
9.
(1) The reduction, suspension or withdrawal of a pension fixed in accordance with the previous regulations is governed by the provisions of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) in the version of Article I of this Act. (2) In the cases of § § 141d bis 141k BEG shall not increase the pensions awarded to the beneficiary under the previous provisions, as long as their total amount is the sum of the persons entitled under the Federal Compensation Act as amended by Article I of this Act pensions in excess of that.
10.
In the case of Article I (77), the following transitional provisions shall apply: to the extent that a request for a deadline for failure to comply with Article I (77) has been rejected in accordance with the provisions referred to in Article 138 of the BEC, the application of the application shall be: Entitled or, if it is deceased, one of the persons referred to in § 1288 (2) of the Reichsversicherungsordnung, Section 65 (2) of the Federal Insurance Act or Section 88 (2) of the Reichsknappschaftsgesetz (Reichsnappschaftsgesetz), to decide again if: this application shall be made within the time limit set out in the second half sentence of section 138 of the BEG. A re-decision of its own motion is not ruled out. The re-decision shall not prevent the previous decision on the application to become binding or final.
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Type IV approximation

1.
(1) Is before the announcement of this law according to the Federal Supplemental Act or the Federal Compensation Act on a claim for damage to body or health or on a claim for harm in the professional progress by indisputable If a decision has been taken by a decision or by a final court, the right to take the decision again shall be taken at the request of the entitled person,
a)
if the right to a pension for damage to the body or health has been rejected in full for medical reasons,
b)
in so far as the claim for damage in the course of professional development has been rejected or has been found to be lower, because the purchasing power of the foreign currency is determined according to the principles of the determination of the income obtained by the persecuted person abroad , which are contrary to the legal opinion of the Federal Court of Justice in settled case-law.
(2) Insofar as before the announcement of this law according to the Federal Supplemental Act or the Federal Compensation Act a claim of a Gypuner for the prosecution on grounds of his race by indisputable communication or legally enforceable legal with the The reason for the refusal was that for the period from 8 December 1938 to 1 March 1943 the conditions of § § 1 and 2 of the BEG were not fulfilled, it is to be decided again at the request of the person entitled to this claim. (3) Insofar as before the proclamation of the order this law according to the Federal Supplemental Act or the Federal Compensation Act a claim for damage to life or for damage to the body or health has been rejected by an indisputable decision or by a final court, on the grounds that the person during one or more of the following cases is connected to a Deprivation of liberty within the meaning of Section 43 (1), second sentence, No. 2 of the BEG has not been caused by measures of national-socialist violence, it is to be decided again on the request of the person entitled to this claim. (4) The request for The new decision referred to in paragraphs 1 to 3 shall be referred to the competent authority by 30 September 1966. Compensation authority. Article III (1) (2) and (3) of this Act shall apply. (5) The claim shall be determined in accordance with the provisions of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) in the version of Article I of this Act. In doing so, the compensation bodies are bound by the actual findings on which the previous decision is based. Article III (2) (4) and (4) of this Act shall apply. (6) In so far as the claim has been determined by a decision or by a final court, it shall retain its interest in favour of the person entitled to the right.
2.
If, before the announcement of this law, the right to compensation has been settled in accordance with the Federal Supplemental Act or the Federal Compensation Act by comparison, renunciation or severance, point 1 shall apply with the proviso that: the beneficiary may, by 30 September 1966, contest the scheme by means of a declaration to the competent compensation authority.
3.
§ 172 BEG shall apply.
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Type V Special arrangements for subregional pursuits

1.
(1) The persecuted person who has been deprived of freedom for a period of at least six months (§ 43 BEG) or who has a sustainable reduction in the earning capacity at the time of the decision by at least 80 of the hundred shall receive from a Special funds to be set up in accordance with the resources of this Fund. The same applies to the widow of a person who has suffered damage to life (§ 15 BEG), as well as to the widower of a persecuted person under the conditions of § § 15, 17 (1) (2) of the BEG; in such cases, however, aid shall only be granted, if the widow or the widower has not remarried. (2) Aid from the special fund to be set up shall also be granted to those who have been persecuted for at least six months in respect of the Judenstern or in inhumane conditions in the of illegality (§ 47 BEG). A claim for this aid does not exist if the person persecuted receives aid under paragraph 1. (3) The special fund shall be endowed with a total amount of DM 1,200 million. (4) The amount of aid shall be limited to the amount of the aid only if the amount of the aid is granted to the person concerned. Applicant
a)
Neither the requirements of § 4 BEG nor the general requirements of § § 150 or 160 BEG
b)
On 31 December 1965, his residence or permanent residence shall be outside the territories referred to in Article 1 (2) (3) of the Federal Displaced Persons Act (Bundesvertriebenengesetz) and outside the Soviet occupation zone and the Soviet-occupied sector of Berlin.
(5) An aid shall not be granted where the applicant
a)
is not entitled to compensation under § 160 BEG because of the care provided by another State or by an intergovernmental organisation; or
b)
belongs to a group of persons for whose benefit contracts or agreements have been concluded concerning the global reparation services of the Federal Republic of Germany, or
c)
On 31 December 1965, a national of one of the States referred to in Article 1 (2) (3) of the Federal Displaced Persons Act (Bundesvertriebenengesetz), unless he was a refugee before that date, in the sense of the Geneva Convention of 28 July 1951.
(6) The basic amount of the aid referred to in the first sentence of paragraph 1 shall be 2 000 German marks. The basic amount is increased to 2,500 Deutsche Mark, if the person persecuted in the case of the announcement of this law the 65. (7) The basic amount of the aid referred to in the second sentence of paragraph 1 shall be 3,000 Deutsche Mark. It increases to 5,000 Deutsche Mark if the widow or widower has been deprived of the freedom for a period of at least one year. (8) The aid referred to in paragraph 2 shall be 1000 German marks. (9) The aid referred to in paragraph 2 and the aid shall be granted. The basic amounts of the aid referred to in paragraphs 6 and 7 shall be payable immediately after being fixed. (10) The following increases shall be paid on the basic amounts referred to in paragraphs 6 and 7:
a)
a simple increase in the deprivation of liberty of one year to two years in the case of a sustainable reduction of the earning capacity at the time of the decision by at least 80% of the total;
b)
double increase in the deprivation of liberty of more than two years up to three years,
c)
Three times the rate of increase in deprivation of liberty of more than three years up to four years,
d)
four-fold increase in the deprivation of liberty of more than four years;
e)
In the event of damage to life under the conditions set out in the second sentence of paragraph 1, five-fold increase in the amount of the damage
(11) In the cases referred to in paragraph 10, only one of the five increases may be claimed. (12) The amount of the increase in the amount paid in accordance with paragraph 10 shall be determined on the basis of the ratio of the amount after the payment of the basic amounts in accordance with the (6) and (7) and the aid referred to in paragraph 8, to the total number of increase amounts recorded. In so doing, the amounts which are caught by the seizure of the compensation courts must be duly taken into account. (13) The Federal Government is empowered to set the final amount of the increase in the amount of the increase by means of a regulation. It shall also be empowered to determine, by means of a regulation, how the remainder of the fund amount remaining after completion of the procedures pending in the case of the compensation courts shall be distributed to the beneficiaries, and it may be envisaged that: the remaining amount will not be distributed to all but only to such recipients of increases which have suffered particularly serious damage to the body or health.
2.
(1) The entitlement to the aid shall not be transferable or hereditary. (2) If the person entitled to the aid has died after the law has been announced, the right to the aid referred to in the first sentence of paragraph 1 (1) and (2) shall be his spouse and, in the case of that spouse, the right to the aid shall be: Death of the children of the persecuted person; in the case of the first sentence of paragraph 1 (1), the right to the aid shall be entitled to the children of the deceased person.
3.
(1) § § 6, 7 and 238a of the BEG apply. (2) Section 10 (1) sentence 1 BEG shall apply with the proviso that benefits shall also be applied to the aid under the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz). If, after payment of the aid, the person concerned is entitled under the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz), the aid shall be calculated on the basis of the aid.
4.
(1) The compensation authorities of the State of North Rhine-Westphalia are responsible for the granting of the aid. The procedure is determined by the corresponding application of the ninth section of the Federal Compensation Act. (2) Applications for the grant of an aid shall be submitted to the competent compensation authority by 30 September 1966. The application shall contain the information referred to in § 190 BEG. If the missing information is not collected within a period of three months after a request, the application may be rejected as inadmissible.
5.
(1) § 172 BEG shall apply. (2)
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Article VI Special scheme for national victims

1.
(1) Persons who, under the National Socialist rule of violence, have been harmed in violation of human rights on grounds of their nationality, and on the 1. In October 1953, refugees within the meaning of the Geneva Convention of 28 July 1951 have been entitled to compensation for permanent damage to body or health. For reasons of nationality, the person responsible for the damage caused by the fact that they belong to a foreign state or to a non-German folkless is the reason for the harmful measure. In the absence of any other reason for the harmful measure to be held in respect of human rights, in the case of the group of persons referred to in sentences 1 and 2, the injury shall be presumed to have been carried out on grounds of nationality. (2) The right to compensation in accordance with paragraph 1 shall consist only if, at the time of the decision, the earning capacity of the injured person is still at least 25 of the hundred and is not likely to improve significantly. § 28 (1) sentence 2 and Section 2 of the BEG shall apply. (3) Compensation shall be provided:
1.
Healing procedures,
2.
Pension,
3.
Capital compensation.
(4) The compensation shall be made in accordance with § § 30 to 37 BEG and the corresponding provisions of the 2. DV-BEG. The right to the compensation of the capital is only valid for the period from 1 January 1949. (5) The right to the compensation referred to in paragraph 3 is not hereditary. The right to the current pension is not transferable. (6) If the injured person has died after an official or a medical examination of a damage-related permanent damage to the body or health, the right to the person is entitled to the the sum of the pensions paid and the compensation of his spouse and, in the case of his death, the child of the injured party.
2.
The compensation shall be excluded from:
1.
has committed a crime against peace, a war crime or a crime against humanity within the meaning of the international treaties;
2.
has committed a serious non-political crime outside the host country before being admitted there as a refugee;
3.
actions have been responsible for opposing the purposes and principles of the United Nations.
3.
(1) § § 10 (1) sentence 1, para. 3 to 5 BEG shall apply with the proviso that benefits under the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) and pursuant to Article 1 of the Agreement of the Federal Republic of Germany shall also apply. 5. On 14 October 1960, the Government of the Federal Republic of Germany and the United Nations High Commissioner for Refugees shall be entitled to take account of claims under this Article.
4.
(1) Persons who have been harmed in accordance with the provisions of point 1 may, on account of such damage, grant one-off aid up to the amount of 6,000 Deutsche Mark if a claim under point 1 is excluded, because the injured party
a)
only after the 1. October 1953 has become a refugee within the meaning of the Geneva Convention of 28 July 1951, or
b)
before 1. He acquired a new nationality as a refugee within the meaning of the Geneva Convention of 28 July 1951 after the termination of the injury.
(2) Paragraph 1 (5) and (6), (2) and (3) and in Article V (1) (4) (b) and (5) (c) of this Act shall apply mutatily.
5.
(1) Compensation shall be granted only on request. The application is to be submitted to the Federal Administrative Office in Cologne until 30 September 1966. (2) § 189 (3) and § 190a BEG shall apply.
6.
A new application as referred to in paragraph 5 (1) shall not be required if:
a)
a claim for compensation already registered under the Federal Compensation Act (Bundesentschädigungsgesetz) in the previous version or an application already based on Article 1 of the Agreement of 5. The United Nations High Commissioner for Refugees was set up in October 1960 between the Government of the Federal Republic of Germany and the United Nations High Commissioner for Refugees
b)
has not been decided by an indisputable decision or by a final court decision on the claim or the application in the event of the announcement of this law.
Compensation shall also be granted in these cases in accordance with the provisions of this Article.
7.
For the implementation of the procedure, the Ninth Section of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) shall apply with the proviso that the competent compensation authority shall be the Federal Administrative Office in Cologne and the right to compensation shall be granted. against the Federal Republic of Germany.
8.
If, on the entry into force of this Article, a procedure is adopted on the basis of Article 1 of that Article The procedure referred to in point 7 was pending before the Court of Justice of the United Nations of the European Union and the United Nations High Commissioner for Refugees in the case of a court of administrative jurisdiction, and the procedure referred to in point 7 of the Court of First Instance acting in accordance with the provisions of this Act.
9.
The compensation costs to be paid under this Article shall be borne by the Federal Government.
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Type VII Costing in case of litigation

In so far as a legal dispute is settled on the basis of this law, court costs are not levied. Each party shall carry out its out-of-court outlays. Unofficial table of contents

Type VIII Completion of compensation

(1) After 31 December 1969, claims under the Federal Compensation Act and under this Act can no longer be registered. This shall not apply to the right to reimbursement of the costs of a healing process for damage to the body or health recognised as a result of persecution under Article 29 (1) of the BEG and under Article VI (1) (3) (1) of this Act, if the Healing procedures only after 31 December 1968 have been carried out and for the right to care for the survivors pursuant to § 29 no. 6 of the BEG. § 206 BEG remains unaffected. (2) Paragraph 1 sentence 1 shall also apply in the cases of § § 90, 165 and 171 BEG as well as in the cases of Article V and of Article VI No. 4 of this Act. Unofficial table of contents

Art IX Resurrecting in the criminal justice system

(1) The legislation on the restitution of national-socialist injustice in the administration of criminal justice, which provides for a period of time for the lodging of the application for the annulment of criminal decisions, shall not apply to this extent. (2) According to the provisions of the State Law, according to the Law of 7 August 1952 (Bundesgesetzbl). 407) jurisdiction within the scope of this Act is the Trial Chamber of the District Court or the Court of Appeal, in whose district the convicted person is domicated at the time of the proclamation of this law or after the Promulgated this law for the first time. If the convicted person is domicated outside the scope of this Act, the competent court shall be determined by the Federal Court of Justice. (3) If a request for the annulment of a criminal court decision is to be made in accordance with the provisions of paragraph 1 Where legislation has been rejected only on the expiry of a period laid down therein, the legal force of that decision shall not preclude the admissibility of a new application. The same shall apply where a request for lack of competence has been rejected in the cases dealt with in paragraph 2. Unofficial table of contents

Type X

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Art XI Valiant in the Land of Berlin

(1) This Act shall apply in accordance with Section 13 (1) of the Third Transfer Act of 2 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

Type XII Entry into force

It shall enter into force
1.
Article I No. 1, 2, 6, 7 (§ 10 para. 1, 3 and 4), No. 8, 10 (§ 13 para. 5), No. 11, 17, 18 (§ 26 para. 2 sentence 2), No. 21, 23, 24, 26 letter b, nos. 27 to 29 (§ 41 para. 1 and 2), nos. 32, 34 to 41, 44 to 47, 48 letter a, nos. 50 letters a and b, no. 51 (Section 85a (1), (2), (3) sentence 1 and 2), No 56, 59 to 61, 63 to 67, 69 to 71, 74 (a), 2 and 3, No 79, 80, 82 to 85, 87 to 89, 91 (a) and (c), 92 to 95 (b), 97, 99 (§ 166a), 103 (a), 1 and 2, No 107, 109 (b) to (h), No 110, 118, 129 and 130
with effect from 1. October 1953;
2.
Article II
With effect from 1 April 1956;
3.
Article I (12) (a)
With effect from 1 April 1957;
4.
Article I No 31, point (c), second half-sentence
With effect from 1 January 1961;
5.
Article I (7) (Article 10 (5))
With effect from 1 June 1962;
6.
Article I No. 3 to 5, 7 (§ 10 para. 2), No. 9, 10 (§ 13 para. 4), No. 12 letter b, No. 13 to 16, 18 (§ 26 para. 2 sentence 1), No. 19, 20, 22, 25, 26 letter a, No. 29 (§ 41 para. 3), No. 30, 31 letters a, b and c first half sentence, No. 33, 42, 43, 48 Point (b), No 49, 50 (c), No 51 (Article 85a (3) sentence 3), Nos 52 to 55, 57, 58, 62, 68, 72 to 74 (a) sentence 1, point (b), 75 to 78, 81, 86, 90, 91 (b), 95 (a), 96, 98, 99 (§ § 166b, 166c), No 100 to 103 (a) sentence 3, (b), (c) and (d), 104 to 106, 108, 109 (a), 111 to 117, 119 to 128 and 131, Articles III to IX, XI
on the day of the proclamation of this law;
7.
Article X
on the first of the month following the announcement of this law.
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Final formula

The Federal Government has given the above law the approval required under Article 113 of the Basic Law.