Second Law Amending The Federal Compensation Law

Original Language Title: Zweites Gesetz zur Änderung des Bundesentschädigungsgesetzes

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

Non-official table of contents

BEGSchlG

Date of departure: 14.09.1965

Full quote:

" BEG Final Act of 14. September 1965 (BGBl. 1315), as defined in Article 2 (4) of the Act of 30 June 2000. August 1971 (BGBl. I p. 1426) "

:As amended by Art. 2 para. 4 G v. 30.8.1971 I 1426

For details, see the Notes

Footnote

(+ + + text-proof application: 1.1.1972 + + +) menu. name="BJNR013150965BJNE000100325 " />Non-Official Table of Contents

Input Formula

The Bundestag, with the approval of the Bundesrat, has approved the following law: Table of Contents

Art I

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Type II

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Type III Transitional rules

1.
(1) Is an authorized person based on the changes in items I, Nos. 1, 2, 3, 10, 87, and 94 of this If the law is the first to be entitled to compensation, it may apply for compensation up to 30 years. September 1966. The same shall apply in so far as a single claim for compensation is justified for the first time on the basis of the amendments made in Article I (6), (11) to (93) of this Act.(2) § 189 (2) and (3), § 189a (2), § § 189b and 190a BEG are applicable; however, claims which have already been granted to the person entitled under the previous law cannot be asserted pursuant to paragraph 1.(3) In the cases referred to in paragraph 1, the invalidity or the legal force of an earlier decision shall not preclude a new decision on the right to compensation.(4) paragraphs 1 to 3 shall apply in the cases referred to in Article I (21) (a), (32), (105), (111), (112) and (113).(5) In the cases referred to in Article I (21) (a), the application period shall expire at the earliest 6 months after the notification of the legal regulation to be adopted pursuant to Article 42 (2) of the BEG.
2.
(1) If a person entitled to the law changes to Article I of this Act, he or she shall be entitled to a further claim in accordance with the provisions of this law before the date of delivery of the law. Federal Supplementary Act for Compensation for Victims of the National Socialist Persecution (Federal Supplemental Act) or the Federal Compensation Act (Bundesentschädigungsgesetz) has been awarded by an indisputable decision or by a final court, it may be the application period referred to in paragraph 1 (1) shall be re-registered in this respect.(2) Re-notification under the conditions laid down in paragraph 1 may also take place if the communication is not subject to appeal until within a period of three months from the date of delivery of this law or if the court decision does not take place until within a period of time of three months after the proclamation of this law.(3) In deciding on the claim, the compensation bodies shall be bound by the actual findings on which the indisputable communication or the final judicial decision issued prior to the proclamation of this law is based.(4) To the extent that the Federal Compensation Act, as amended by Article I of this Act, is the existence 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 of the The situation at the time of the decision depends on the circumstances on which the previous decision is based.(5) The provisions of point 1 (2) to (5) shall apply.(6) If no decision has yet been taken in proceedings pending before this law is announced, the claim shall be determined in accordance with the provisions of Article I of this Act.
3.
If the compensation has been settled by comparison, waiver or severance prior to the delivery of this law under the Federal Supplemental Act or the Bundesentschädigungsgesetz (Federal Compensation Act) In the event of a change in Article I of this Act, the beneficiary may, under the provisions of Article I of this Act, be entitled to a further claim, the person entitled may, within the period laid down in point 1 (1), be entitled to the scheme by means of a declaration to the responsible compensation authority. Point 1 (2), (4) and (5) shall apply.
4.
(1) If the beneficiary is entitled to claim damages in the case of damage in the If a right to vote is applied for the first time, the time limit for exercising the right to vote shall end on 30 November. September 1966. In cases where the right to compensation for capital has been granted only after the announcement of this law, it shall remain within the time limit laid down in § 84 BEG.(2) Status of the beneficiary in accordance with previous provisions in the case of claims for damage in the course of professional advancement is entitled to a right to vote and, due to the changes in Article I of this law, increases the unelected compensation, he may, within the scope of the the period laid down in point 1 (1) shall be required by a declaration to the competent compensation authority.(3) If the person who has been persecuted before the declaration referred to in paragraph 2 has died within the time limit laid down in paragraph 1 (1), the widow or under the conditions of § 17 (1) No. 2 BEG of the widower may, in accordance with § § 86, 98 BEG, the unelected Compensation shall be required by 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. Section 86 (5) of the BEG shall apply.
5.
In the cases of § 86 or § 98 of the BEG, the widow, widower, or children shall be given notice of this law before the date of the announcement of the law. Compensation in the amount of the pension benefits of one year has been paid and the widow, the widower or the children, due to the changes in Article I of this Act now a pension according to § 85a or § 97a BEG, the compensation shall be in the amount of the pension benefits of one year are credited to the claim of the heirs of the person being persecuted to the sum of the backward pension amounts.
6.
(1) Is in the cases of Article I No 66 (Section 114 (2) of the BEG) and No. 67 (§ 114a BEG) before the proclamation of this law has been paid to the persecuted person for damage in the course of the training pursuant to § § 116 to 118 BEG, this is the right to the claim pursuant to § 114 (2) and § 114a BEG to be counted.(2) If, in the cases referred to in Article I (83) (§ 142 of the BEC), compensation for damage to property or property has been paid before the proclamation of this law by a company under civil law, it shall be subject to the corresponding compensation of the property or property. individual members for damage to property or property in accordance with their share of separation.
7.
If this law is announced, a request shall be made on compensation in a country, the compensation bodies of that country shall also remain responsible for the claims of the applicant in accordance with the Federal Compensation Act as amended by Article I of this Act. This does not apply in the cases of § 185 para. 6 BEG.
8.
(1) Insofar as before the proclamation of this law claims by persons entitled to the law by a decision or by res judiciously legal proceedings , it shall be entitled to the benefit of the beneficiaries in this case.(2) Paragraph 1 shall not apply if, in the determination of claims, the previous provisions relating to the overlapping of claims (§ § 120 to 122 BEG) have obviously been omitted; paragraph 1 shall also not apply in the cases of § 125a BEG. The compensation authority shall have the power to issue a new communication on these claims within a period of one year after the date of delivery of this law, in accordance with § § 141d to 141k BEG or § 125a BEG.
9.
(1) The reduction, suspension or withdrawal of a pension fixed in accordance with the previous regulations is governed by the provisions of the Federal Compensation Act in the Version of Article I of this Act.(2) In the cases of § § 141d to 141k BEG, the pensions awarded to the beneficiary under the previous rules shall not be increased as long as their total amount is the sum of the beneficiaries under the Federal Compensation Act as amended by the Federal Republic of Germany Act (Bundesentschädigungsgesetz).
in the case of Article I (77
, the following transitional provisions shall apply: to the extent that a person according to the provisions of Article 138 of the BEG , before the entry into force of Article I (77), has been rejected on the grounds of failure to meet the deadline, shall, at the request of the person concerned or, if he is deceased, one of the provisions of Article 1288 (2) of the Reich Insurance Code, § 65 (2) of the German Insurance Act or § 88 (2) of the Reichsknappschaftsgesetz (Reichsknappschaftsgesetz) shall be decided once again if this application is filed within the time limit set in the second half sentence of Section 138 BEG. A re-decision of its own motion is not ruled out. The re-decision shall not prevent the earlier decision on the application from becoming binding or final.
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Art IV approximation

1.
(1) Is before the announcement of this law after the Federal supplementary law or the Bundesentschädigungsgesetz (Federal Compensation Act) on a claim for damage to body or health or on a claim for damage in the professional progress by unquestionable decision or by res judicially adjudication , at the request of the beneficiary, it shall be re-decided on the basis of that claim,
a)
if the Entitlement to a pension for damage to body or health has been rejected in full for medical reasons,
b)
to the extent that the claim for damages in the (a) professional progress has been rejected or has been found at a lower level, since the purchasing power of the foreign currency has been assessed in accordance with the principles laid down in the principles of the principles of the Contrary to the legal opinion of the Federal Court of Justice in permanent jurisprudence.
(2) Insofar as before the proclamation of this law according to the Federal Supplemental Act or the Federal Compensation Act a claim of a Gypuner because of the persecution on grounds of his race, it has been rejected by an indisputable decision or by res judicially on the grounds that for the time of the 8. December 1938 to 1. In March 1943, the conditions of § § 1 and 2 of the BEG were not fulfilled. This is to be decided again on the request of the person entitled to this claim.(3) Insofar as before the proclamation of this law according to the Federal Supplemental Act or the Federal Compensation Act a claim for damage to life or for damage to body or health by indisputable communication or legally enforceable with the It has been rejected that the injury suffered during or immediately following a deprivation of liberty within the meaning of Article 43 (1), second sentence, No. 2 of the BEG has not been caused by national-socialist violence, shall, at the request of the person concerned, decide again on that claim.(4) The request for a new decision pursuant to paragraphs 1 to 3 shall be up to 30. The competent compensation authority was to be held in September 1966. The provisions of 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. The provisions of 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 legally binding court, it shall retain its interest in favour of the entitled person.
2.
If this law of 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 appropriate application that the Persons entitled to this Regulation by 30. (
) 3.
3.
§ 172 BEG finds appropriate application.
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Type V special rule for superregional chase groups

1.
(1) The persecuted who has been deprived of liberty for a period of at least six months (§ 43 BEG) or a sustainable reduction in the earning capacity at the time of the decision by at least 80 per cent, shall receive aid from a special fund 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 did not get married again.(2) Aid from the special fund to be set up shall also be granted to the person who has been persecuted for at least six months or who has lived under inhumane conditions in illegality (Section 47 of the BEG). A claim for this aid shall not exist if the person concerned receives aid under paragraph 1.(3) The special fund shall be endowed with a total amount of 1.200 million Deutsche Mark.(4) The right to an aid is only if the applicant
a)
neither the requirements of § 4 BEG The general requirements of § § 150 or 160 BEG
b)
on 31. (5) A residence or permanent residence 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) Aid shall not be granted if the applicant
a)
because of the care provided by another State, or an intergovernmental organisation is not entitled to compensation in accordance with § 160 BEG hator
b)
belonging to a group of persons in the benefit of which contracts or agreements are on global reparation services of the Federal Republic of Germany, or
c)
on 31. He is a national of one of the states referred to in Section 1 (2) (3) of the Federal Displaced Persons Act (Bundesvertriebenengesetz), unless he or she is a refugee before that date in the sense of the Geneva Convention of 28 June 2000. July 1951.
(6) The basic amount of the aid referred to in the first sentence of paragraph 1 is 2,000 Deutsche Mark. The basic amount is increased to 2,500 Deutsche Mark if the person persecuted in the case of the proclamation of this law the 65. Year of life has been completed.(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 basic amounts of the aid referred to in paragraphs 6 and 7 shall be payable immediately after the fixing of the aid.(10) For the basic amounts referred to in paragraphs 6 and 7, the following increases shall be paid:
a)
simple increase in deprivation of liberty from one year to two years in the case of a sustainable reduction of the earning capacity at the time of the decision at least 80 of the hundred,
b)
double increase in the deprivation of liberty of more than two years up to three years,
c)
threefold increase in deprivation of liberty from more than three years to four years,
d)
four-fold increase in deprivation of liberty of more than four years,
e)
fivefold In the event of a loss of life under the conditions set out in the second sentence of paragraph 1.
(11) In the cases referred to in paragraph 10, only one of the five increases may be claimed.(12) The amount of the increase paid in accordance with paragraph 10 shall be determined on the basis of the ratio of the amount of the fund remaining after the payment of the basic amounts in accordance with paragraphs 6 and 7 and the aid referred to in paragraph 8 to the total number of the increase in the rate of increase. In this connection, the amounts which are caught by the appeal of the compensation courts must be taken into account appropriately.(13) The Federal Government is empowered to fix the final amount of the increase in the amount of the increase by means of a decree law. 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 that have suffered a particularly serious damage to body or health.
2.
(1) The entitlement to the aid is neither transferable nor hereditary.(2) If the person entitled to death 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 entitled to his spouse and, in the case of his death, to the children of the person being persecuted; in the case of point 1 (1) (2)
()
§ 6, 7 and 238a of the BEG shall apply to the child of the deceased person.(2) § 10 (1) sentence 1 BEG shall apply with the proviso that benefits are also to be calculated on the basis of the Federal Indemnification Act. If, after payment of the aid, the person concerned is entitled under the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz), the aid must be calculated.
4.
(1) For the The grant of the aid is the compensation authorities of the federal state of North Rhine-Westphalia. 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 up to 30. The competent compensation authority was to be held in 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 the request, the application may be rejected as inadmissible.
5.
(1) § 172 BEG shall apply accordingly.(2)
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Art VI special scheme for national stricken persons

1.
(1) People who are under National Socialist tyrannity for reasons of their nationality Disregard for human rights has been damaged and on 1 January 2008. October 1953 Refugees within the meaning of the Geneva Convention of 28 October 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 folly 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, the person responsible for the injury shall be presumed to have been carried out on grounds of nationality in accordance with sentences 1 and 2.(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. . Section 28 (1), second sentence, and subsection 2 of the BEG shall apply.(3) Compensation is provided:
1.
Heilverfahren,
2.
pension,
3.
Capital indemnification.
(4) The compensation will be subject to § § 30 to 37 BEG and the relevant provisions of the 2. DV-BEG. The right to the capital compensation shall consist only of the time of 1. January 1949.(5) The right to the compensation referred to in paragraph 3 shall not be hereditary. The entitlement to the current pension is not transferable.(6) If the injured person is deceased to the body or health of a person suffering from damage caused by a damage caused by damage to the person, the right to the sum of the pensions and to the pension shall be the sum of the Capital compensation to his spouse and, in the case of his death, to the children of the injured party.
2.
The compensation is excluded from the person who is
1.
a crime against peace, a war crime, or a crime against humanity in the For the purposes of international contract works;
2.
a serious non-political crime committed outside the host country before he or she is a refugee there. ;
3.
Actions have been committed that are contrary to the purposes and principles of the United Nations.
3.
(1) § § 6 to 9, 11, 12, 14 and 238a BEG can be found in the appropriate application.(2) § 10 (1) sentence 1, para. 3 to 5 BEG shall apply with the proviso that benefits shall also be applied under the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) and by virtue of Article 1 of the Agreement of 5. On 14 October 1960, between the Government of the Federal Republic of Germany and the United Nations High Commissioner for Refugees, there shall be set off against claims under this Article.
4.
(1) Persons who have been harmed in accordance with point 1 may be granted a one-off allowance up to the amount of 6,000 Deutsche Mark for this damage if a Claim 1 is excluded because the injured party
a)
is not available until after 1. October 1953 Refugee in the sense of the Geneva Convention of 28. July 1951 has become or
b)
before the 1. October 1953 as a refugee within the meaning of the Geneva Convention of 28 October 2002.
(
) No 1 (5) and (6), (2) and (3) and V (1) (4) (b) and (5) (c) of this Act shall apply mutatily to the provisions of the Act of the European Union. Application.
5.
(1) Compensation is granted only on request. The application is up to 30. September 1966 at the Federal Administrative Office in Cologne.(2) § 189 para. 3 and § 190a BEG shall apply.
6.
A renewed application as referred to in paragraph 5 (1) does not require any further application if
a)
a claim to compensation already on the basis of the Federal Compensation Act in the previous Registration or application already under Article 1 of the Agreement of 5. October 1960, between the Government of the Federal Republic of Germany and the United Nations High Commissioner for Refugees, and
b)
about this Claim or request in case of termination of this law has not been decided by indisputable decision or legally binding.
The compensation shall also be granted in these cases in accordance with this Article.
7.
For the implementation of the procedure, the Ninth Section of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) is applicable, subject to the appropriate application, that the responsible compensation authority The Federal Administrative Office in Cologne is and is entitled to compensation against the Federal Republic of Germany.
8.
When this article enters into force, a Procedure on the basis of Article 1 of the procedure referred to in Article 1 of 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. competent court of first instance, which shall decide in accordance with the provisions of this law.
9.
The compensation costs to be provided under this Article shall be determined by the Federation carried.
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Art VII Costing in case of termination of a lawsuit

As far as a legal dispute is due to reason of this law, the court costs are not levied. Each party shall carry out its out-of-court outlays. Non-official table of contents

Art VIII Completion of Compensation

(1) After 31. December 1969 claims can no longer be filed under the Bundesentschädigungsgesetz (Federal Compensation Act) and under this Act. 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 the 31. December 1968, as well as for the right to supply of survivors pursuant to § 29 no. 6 of the BEG. § 206 BEG remains unaffected.(2) The first sentence of paragraph 1 shall also apply in the cases of Articles 90, 165 and 171 of the BEG and in the cases of Article V and of Article VI (4) of this Act. Non-official table of contents

Art IX redress in the criminal justice system

(1) The legislation on reparation of national-socialist Injustice in the administration of criminal justice, which provides for a time limit for the lodging of an application for the waiver of criminal proceedings, shall be inapplicable to the extent that it is effective.(2) In accordance with the provisions of national law, it is not established in accordance with the law of jurisdiction of the 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 has his residence outside the scope of this law, the competent court shall be determined by the Federal Court of Justice.(3) Where an application for the annulment of a criminal court decision has been rejected in accordance with the legislation referred to in paragraph 1 solely on the expiry of a time limit laid down therein, the legal force of that decision shall be the The admissibility of a new application shall not be accepted. The same shall apply where a request for lack of competence has been rejected in the cases dealt with in paragraph 2. Nonofficial table of contents

Art X

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Art XI Validated in the Land of Berlin

(1) This Act applies in accordance with Section 13 (1) of the Third Superpower Act of 2. January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin.(2) Legal regulations which are enacted pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Non-official table of contents

Type XII Entry into force

It is in 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 (2), No 21, 23, 24, 26 (b), 27 to 29 (Article 41 (1) and (2)), No 32, 34 to 41, 44 to 47, 48 (a), 50 (a) and (b), 51 (Article 85a (1), (2), (3) 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), Nos 92 to 95 (b), 97, 99 (§ 166a), 103 (a), 1 and 2, No 107, 109 (b) to (h), (110), 118, 129 and 130 (dl) style="font-weight:normal; font-style:normal; text-decoration:none; ">
with effect from 1. October 1953;
2.
Article II
with effect from the 1. April 1956;
3.
Article I No. 12 letter a
with effect from the 1. April 1957;
4.
Article I No. 31 (c) second half-set
with effect from the 1. January 1961;
5.
Article I No. 7 (§ 10 para. 5)
with effect from the 1. June 1962;
6.
Articles I No. 3 to 5, 7 (§ 10 para. 2), No. 9, 10 (§ 13 para. 4), No. 12 (b), Nos 13 to 16, 18 (§ 26 para. 2 sentence 1), Nos. 19, 20, 22, 25, 26 Point (a), No 29 (Article 41 (3)), No 30, 31 (a), (b) and (c), first half sentence, No 33, 42, 43, 48 (b), 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), point 75 to 78, 81, 86, 90, 91 (b), 95 (a), 96, 98, 99 (§ § 166b, 166c), 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 delivery of this law;
7.
Article X
on the first of the Announcement of this law following month.
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final formula

The federal government has the above The law requires the consent required under Article 113 of the Basic Law.